PROTECTION OF THE CHILD OF UNKNOWN LINEAGE: THE CONVENTION ON THE RIGHTS OF THE CHILD AND ALGERIAN LEGISLATION
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Abstract
The Algerian legislator has not overlooked the protection of children of unknown parentage. This issue has been addressed in many of its texts, both in family law and other laws. However, Algeria's ratification of the Convention on the Rights of the Child elevates its provisions above domestic law. The significance of this study lies in its focus on protecting a crucial segment of society, namely children of unknown parentage. Its aim is to assess the compatibility of Algerian legislative texts with the Convention on the Rights of the Child regarding the rules and mechanisms for their protection. Our findings indicate that the Algerian legislator has managed to reconcile the provisions of the Convention on the Rights of the Child without contravening Islamic law, particularly through the establishment of guardianship and prohibition of adoption.
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References
Books:
Ahmed Mohamed. The Concept of Lineage in Islamic Law and Jurisprudence. 1st edition. Dar Al-Baath, Constantine, Algeria, 1983.
Scientific Journals:
Ahmed Abdel Ghied Hussein. The Legitimacy of Establishing or Denying Lineage through Genetic Fingerprinting in Islamic Jurisprudence. Journal of Sharia and Law, Tanta University, Vol. 1, Issue 35, 2020.
Amal Alal. Illegitimate Children and their Relationship to Lineage. Journal of Legal and Political Research, Issue 5, December 2015.
Sarah Ayadi. Legal Protection for Children of Unknown Lineage in Islamic Law and Algerian Legislation. Tadweer Journal of Social Sciences, Volume 11, Issue 01, Baji Mokhtar University, Annaba, 2018.
Judicial Decisions:
Supreme Court, Personal Status Chamber, Decision No. 69798, issued on April 23, 1991. Judicial Journal, Issue 04, 1994, p. 54