Notaire
Vol. 9 No. 1 (2026): NOTAIRE

Beyond Prohibition: A Proposal for an International Treaty on Parental Readiness to Safeguard Child Welfare

Tarmidi, Maximillian Kenas (Unknown)



Article Info

Publish Date
28 Feb 2026

Abstract

Globalization has accelerated the erosion of traditional social structures, creating a vacuum where the welfare of children is increasingly precarious. This new landscape presents dual threats: the normalization of "free sex" and unstructured relationships which can lead to unstable family environments, and the reactionary persistence of child marriage, often a consequence of socioeconomic instability amplified by global pressures. Both phenomena critically endanger a child's fundamental right to a secure and nurturing upbringing. Current international human rights law, however, remains largely reactive, addressing harm only after it has occurred. This research posits a radical but necessary evolution of human rights doctrine: a proactive framework legally mandating parental readiness. It argues that for the "welfare of the child" to be a meaningful legal standard, it must be guaranteed before conception and birth. The author proposes an international treaty, or a new protocol to the Convention on the Rights of the Child (CRC), that establishes clear, universal prerequisites for legal marriage and parenthood. These prerequisites would be twofold: a minimum level of educational attainment to ensure cognitive and emotional maturity, and a verifiable minimum threshold of financial stability to guarantee the provision of a child's basic needs. This is not a limitation on freedom, but a fulfillment of a collective duty to ensure that every child is born into a world of opportunity, not disadvantage. This framework reframes child welfare as the paramount human right, a right that society has the obligation to proactively secure.

Copyrights © 2026






Journal Info

Abbrev

NTR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The name e-Journal (Notaire) is taken from French which means Notary. The Notaire name is also an acronym of Kenotariatan Airlangga E-Journal (The Airlangga E-Journal Notary). The name selection is based on the specificity of this journal as a journal belonging to the Master Program of Master of ...