مواقف القانون الليبي من الطفل غير الشر عي من منظور ميثاق حقوق الإنسان في الأمم المتحدة

This study focused on the position of Libyan law, Islamic law and the United Nations on illegitimate children in terms of their rights as stated in the Libyan Law of personal status as well as in the international conventions.

The researcher has tried to state the civil and social rights related to illegitimate children. This research also tried to identify the comprehensiveness of the United Nations in covering these rights.

The issue of illegitimate children has social, economic and educational dimensions, besides the negligence of Libyan law in implying special articles for this category of children.

The purpose of this research is to identify the illegitimate children from the perspective of Libyan law and determine the rights of illegitimate children in the scope of the personal status law as well as the civil and social legislation. The research approach adopted in this dissertation is the documentary research where the data is obtained from books.

The findings from this research provide evidence that: 1. the personal status of Libyan law prohibits non-marital relationship between men and women, and wasting the lineage certainty of the illegitimate children. 2. Proven paternity of a father is not subjected to any time restrictions on the contrary, the denial of lineage is encompassed by restrictions and timelines to ensure proven lineage. 3.

The researcher noticed through this study the existence of legislative vacuum and the lack of clarity in the legislations that governing the status of illegitimate children. 4. there is a difference in the Libyan judiciary provisions on the subject of recognition of lineage of an illegitimate child, and failure to follow the rules laid down by the Supreme Court in Libya during the interpretation of the law provisions No. 10/84 with respect to recognition of lineage. 5. Libyan legislature has made the abortion of the illegitimate fetus for the purpose of saving the descent as a reduced sentence, and gave this right to the mother and kin, with no specification of the kinship degree. 6.

The Libyan legislature has organized the provisions of designation of illegitimate children, and acknowledged their right to get full name, and get all the necessary documents. 7. Regarding the acquisition of nationality by birth, it is subjected to the proven lineage of the child’s parents or mother only. 8. No inheritance between an illegitimate child and his father, and the disposition of commandment is religiously permissible. 9. Many families who wish to adopt a child start to abstain if they discover the illegitimacy of the child. 10. The state sponsored illegitimate children and appending them to alternative families who could provide them a positive upbringing and healthy family environment.