Relevant bibliographies by topics / Convention on the Right of the Child (Article 12)

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  2. Dissertations / Theses
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Academic literature on the topic 'Convention on the Right of the Child (Article 12)'

Author: Grafiati
Published: 4 June 2021
Last updated: 11 February 2022

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Journal articles on the topic "Convention on the Right of the Child (Article 12)"

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Krappmann, Lothar. "The weight of the child's view (Article 12 of the Convention on the Rights of the Child)." International Journal of Children's Rights 18, no. 4 (2010): 501–13. http://dx.doi.org/10.1163/157181810x528021.

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AbstractThe right of the child to be heard is an article of the Convention on the Rights of the Child, which most clearly expresses the concept of the child underlying the entire Convention. In the legal history of the Convention the substance of this article evolved in close connection with the article on the child's best interests. Based on article 12 manifold practices have been developed, now often are summarized under the heading of participation – a term not used in the Convention. These practices operationalize the article to an extent that questions are raised, in which way the broadly applied procedures can be understood as covered by the article. It is crucial that children are only heard, but their views are given weight.
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Clark, Sevda. "Voice or Voice-Over? Harnessing the Relationship between a Child’s Right to Be Heard and Legal Agency through Norwegian Bullying Cases." Social Inclusion 5, no. 3 (2017): 131–47. http://dx.doi.org/10.17645/si.v5i3.970.

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This article offers an analysis of the child’s right to be heard under Article 12 of the Convention on the Rights of the Child and its application in Norway, through a case study of bullying. The methodology combines a “top-down” legal interpretation of Article 12 in addition to an analysis of Section 9a of the <em>Education Act</em>, juxtaposed with bottom-up approaches. First, a legal analysis of Article 12 and the General Comments of the Convention on the Rights of the Child Committee is provided, with a view to demonstrating the strength of the connection between agency and voice. Looking from the bottom up, therefore, the article then pursues the voices of the bullied children themselves. It places its ear to the ground, so to speak, through an examination of complaints submitted by children to the Ombudsman for Children, in order to “hear” the voices of children subjected to bullying at school, before they are formulated in legal terms before judicial bodies. Finally, I offer a close reading of the report on Section 9a commissioned by the Norwegian Government, published in a 2015 Report (the “Djupedal Report”) in tandem with the leading Supreme Court 2012 decision on bullying, so as to critically examine the fulfilment of Article 12 in Norway. In the final analysis, I argue that in Norwegian bullying cases, though the child has the legal right to be heard, there is no voice, due to the limitations of legal agency for children pursuant to Article 12 of the Convention on the Rights of the Child.
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Hulshof, Henk. "Child participation in evaluating social protection projects: Do global development actors walk the talk?" Progress in Development Studies 19, no. 1 (2019): 1–20. http://dx.doi.org/10.1177/1464993418805170.

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This article assesses the compliance of key international development actors with children’s right to participation in evaluating social protection programmes they support in Africa. As children in sub-Saharan Africa assume an increasingly large share of global poverty, their right to be heard in these programmes is critical. The article elaborates on the legal requirements for the implementation of Article 12 of the UN Convention on the Rights of the Child (CRC) and demonstrates the practical relevance of children’s participation. The article concludes that as children are left out of the design and planning phase of social protection programmes, their role in monitoring and evaluation (M&E) can only be marginal.
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Mol, Charlotte. "Children’s Representation in Family Law Proceedings." International Journal of Children’s Rights 27, no. 1 (2019): 66–98. http://dx.doi.org/10.1163/15718182-02701001.

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In the debate on child participation in family law proceedings, a pertinent question is whether or not to provide children with representation and if so, how to provide it. Article 12 of the United Nations Convention on the Rights of the Child (uncrc) provides minimum standards for the child’s right to express views and to do so, in judicial proceedings, through a representative. This article takes these minimum standards as a yardstick to evaluate the legal frameworks of child representation in the family law proceedings of four jurisdictions: Australia (New South Wales), France, the Netherlands and South Africa. On the basis of a systematic legal comparison and evaluation, this article presents a “compliance report card” and concludes with new insights and questions regarding children’s representation and Article 12, uncrc.
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Kaukko, Mervi. "The crc of Unaccompanied Asylum Seekers in Finland." International Journal of Children’s Rights 25, no. 1 (2017): 140–64. http://dx.doi.org/10.1163/15718182-02501006.

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According to the un Convention on the Right of a Child (crc), all children in Finland have the right to participate in decision-making concerning them. This article shows how the conceptualisation of childhood affects the implementation of the crc, especially Article 12 on participation, focusing on unaccompanied asylum-seeking children in Finland. Universalist notions of childhood and children’s participatory rights overlook the specific socio-historical realities in which these rights exist. Therefore, this article adopts an intersectional view, in which children are seen not as future adults or citizens but as current rights-holders, and acknowledges the complexity of children’s reality where ethnicity, gender and past experiences are interrelated with the conception of childhood. Based on participatory action research with 12 unaccompanied girls, this article shows that they have justified views on their rights during the asylum process, and that those views should be heard and acted upon.
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Iryna, Protsenko. "The child right to be heard in court (using the 1980 Hague Convention in Ukraine as an example)." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 426–34. http://dx.doi.org/10.33663/0869-2491-2020-31-426-434.

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The Hague Convention on Civil Law Aspects of International Child Abduction in 1980 introduced a mechanism for resolving issues related to the illegal export or maintenance of children by persons closely related to them. According to this mechanism, executive and judicial authorities must take measures to quickly return the child to the state of his usual place of residence. However, such a return may be refused if there are circumstances specified in the 1980 Convention. One of these is the court's identification of the child’s objections to his return, however, provided that the child has reached an age and level of maturity at which his opinion should be taken into account. Therefore, the court of Ukraine finds out the opinion of the child only if he considers that he has reached the required age and level of maturity. However, the abstractness of the wording of this circumstance leads to the fact that when considering return cases in Ukrainian courts, the child’s opinion is often not heard unreasonably (for example, if the court considers the child’s age insufficient to clarify his opinion, or because the defendant does not insist on hearing the views of the child, or because the parties fail to provide evidence that the child has reached the required age and level of maturity). In our opinion, the courts, in order to avoid such errors, should more actively implement the stipulated in Art. 13 of the Civil Procedure Code of Ukraine the right, on its own initiative, to collect evidence regarding the subject of the dispute, in particular, by appointing a psychological examination aimed at determining the level of development of the child. Clarification of the views of the child should also be carried out with mandatory consideration of the provisions of Article 12 of the 1989 UN Convention on the Rights of the Child, which governs the right of a child to be heard. At the same time, it is worth introducing into the judicial practice of Ukraine the approaches enshrined in the Comments of the UN Committee on the Rights of the Child of General Order № 12 (2009) “The Right of the Child to be Heard”, in particular, related to assessing the child’s ability to express his thoughts
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Levison, Deborah, and Anna Bolgrien. "Using cartoon videos to survey children and adolescents in the global south: A Tanzanian example." Statistical Journal of the IAOS 36 (December 25, 2020): 147–59. http://dx.doi.org/10.3233/sji-200698.

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The Convention on the Rights of the Child, Article 12, states that children have the right to be heard on matters that concern them. Animating Children’s Views (ACV) provides an innovative product for implementing Article 12 while reducing the risk that nearby adults will disagree with and punish children, a vulnerable population. We argue that national statistical offices (NSOs) should add ACV child modules to large, representative surveys, thereby becoming leaders in inclusive survey designs. This methodology uses cartoon videos with recorded voiceovers heard through headphones, followed by questions referencing the video stories (vignettes) rather than the young respondent’s own life. Proxy reporting is not used, and literacy is not presumed. Analysis of follow-up interviews and focus groups helped interpret and validate quantitative results of ACV modules piloted in Tanzania. In addition to implementing Article 12, ACV can help NSOs improve interpretation of new and existing statistical sources by including the perspectives and behavior of young people in the Global South.
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Andersen, Christina Strandholdt, and Anne-Stine Dolva. "Children's perspective on their right to participate in decision-making according to the United Nations Convention on the Rights of the Child article 12." Physical & Occupational Therapy In Pediatrics 35, no. 3 (2014): 218–30. http://dx.doi.org/10.3109/01942638.2014.918075.

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Lücker-Babel, Marie-Françoise. "The right of the child to express views and to be heard: An attempt to interpret Article 12 of the UN Convention on the Rights of the Child." International Journal of Children's Rights 3, no. 3-4 (1995): 391–404. http://dx.doi.org/10.1163/157181895x00177.

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Donnelly, Mary, and Ursula Kilkelly. "Participation in Healthcare: the Views and Experiences of Children and Young People." International Journal of Children's Rights 19, no. 1 (2011): 107–25. http://dx.doi.org/10.1163/157181810x522379.

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AbstractArticle 12 of the Convention on the Rights of the Child provides for the child's right to be heard and to be involved in decisions made about him/her. Effective implementation of the provision can have a lasting impact on children's lives but it presents challenges, especially in areas like healthcare where the dynamics and pressures of the healthcare setting and the role of parents influence proceedings. Research involving children shows that their experience in this area is mixed, although they have a clear sense of the importance of being listened to about their healthcare and how their treatment can be improved. The similarities between children's opinions on what they want from the healthcare experience and what Article 12 and the Convention generally set out to achieve is reassuring and presents a strong template as to how to strengthen the protection of children's rights in the healthcare setting.
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Dissertations / Theses on the topic "Convention on the Right of the Child (Article 12)"

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Wiberg, Caroline, and Emelie Sjöblom. "Att bemöta, lyssna till och delaktiggöra ungdomar på HVB-hem : En kvalitativ studie ur personalens perspektiv." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-23633.

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When young people are placed in residential care, the staff have a responsibility to ensure that the youth have a safe environment where they can thrive and develop. Residential staff also have responsibilities to ensure the rights of youth during the residential care. This study aims to examine how staff consider themselves to treat the youth in residential care. Furthermore the study aims to examine how the staff consider themselves to ensure youth their right to be heard and have an impact on their own lives, in agreement with Article 12 of the UN convention on the rights of the child (CRC). A qualitative method has been used in order to answer the study's purpose and issues. Five interviews were conducted with residential staff, four of which were environmental therapists and one who was a manager. The results show that the staff consider themselves to respond well to the youth, however, a good treatment is difficult to define and therefore hard to achieve. Furthermore, it appears that the knowledge about children’s rights varies among the staff, which can have negative effects on how they manage to reassure youth their rights to be heard and have an impact on their own lives, in agreement with Article 12 of the CRC.
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Gauthier, Westergård Veronica. "Barnets rätt att komma till tals i familjebehandling. Familjebehandlarnas röster om Barnkonventionens artikel 12 i praktiken." Thesis, Linköpings universitet, Avdelningen för kliniska vetenskaper, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-114915.

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Syftet med studien var att undersöka hur barnkonventionens artikel 12, barns rätt att komma till tals tillämpas i familjebehandling genom att göra en pilotstudie. Familjebehandlare inom kommunens öppenvård fick svara på hur de gjorde barn delaktiga, på vilket sätt barn kom till tals och ifall det fanns tillfällen när barn inte skulle delta i familjebehandlingen. För att få svar på dessa frågor gjordes en semistrukturerad telefonintervju. Den valda teorin var systemteori.  Studien innefattade även familjebehandling, barnkonventionen och BBIC. Resultatet visade att familjebehandlarna använde olika arbetsmetoder för att få barn att komma till tals. Det fanns en stor flexibilitet kring metoderna att göra barn delaktiga och kring att skapa möjlighet för att få barn att prata. Det fanns tillfällen då barn inte skulle delta i familjebehandlingen till exempel när föräldrarna hade egna svårigheter och när det är fanns övervägande vuxenproblem.<br>The purpose of the study was to investigate if the article 12 of the Convention of the Rights of the Child to be heard is applied in family treatment by making a pilot study. Family practitioners within the municipal outpatients care had to answer how they did involve the children, the manner in which children were heard and if there were times when children should not be participate in family treatment. To get answers to these questions a semi-structured survey was made. The selected theory was systems theory.  The study also included the Convention of the Rights of the Child, family treatment and BBIC. The results showed that family practitioners used various methods to get children to be heard. There was a lot of flexibility around these practices making children involved and creating the opportunity to get children to talk. There were times when children should not participate in family therapy for example when parents had their own difficulties and when it was a predominantly adult problem.
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Hallonsten, Matilda. "Delaktighet genom barnombud : En brygga mellan socialtjänst och ungdom i barnavårdsutredningar." Thesis, Stockholms universitet, Institutionen för socialt arbete - Socialhögskolan, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-126982.

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This study aims to describe and analyse the ideas behind and the function of the NGO Maskrosbarn’s advocate services for children (barnombud) during child welfare investigations. The main focus is the advocate services relation to children’s participation. The study has a qualitative case-study approach and contains documents from the local authorities and interviews with eight representatives in six different positions such as child advocates, youth and social workers. An analysis has been made using Shier’ (2001) and Hart’s (1992) theories of child participation and theories about human service organisations (Hasenfeldt, 1983), the New Institutional Theory (Meyer &amp; Rowan, 1977) and the street-level bureaucrat theory (Lipsky, 1980). One main obstacle for child participation in child welfare investigation, shown in the study, is organisational conditions and social workers’ position in public authority. By creating a relationship built on trust, the child advocate supports the child in the investigation process and has the ability to increase the child’s participation and thereby overcome the gap between the social worker and the child. This study highlights the importance of an active cooperation between the child advocate services and the social services, and also of a shared view on the meaning of participation.
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Johansson, Linnea, and Matilda Poijes. "”Delaktighet är ju svårt” : Barns delaktighet i barnavårdsutredningar ur socialsekreterares perspektiv." Thesis, Stockholms universitet, Institutionen för socialt arbete - Socialhögskolan, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-172787.

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The aim of this study is to examine how social workers within the child protective services define children’s participation and what the strategies are to achieve it. Our method was to interview six social workers about their experiences of their pursuit to make children participate during a child protection investigation. The theoretical framework we used to analyze our results was Shier’s pathways to participation. This model is based on five levels of participation, which has different degrees of participation for children. The main finding of this study was that the social workers define children participation as that they should be listen to, be informed and have the ability to choose in what way they participate. Furthermore, we can see from the social workers descriptions about their strategies and the structure of the organisation that they live up to parts of Shier’s criterias for level one, two and tree. Our results both confirm and contrast international and national studies in this field of research.
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Hamilton, Britt-Marie, and Mona Yaghi. "Barnets röst : om barns rätt att komma till tals vid familjebehandling." Thesis, Ersta Sköndal Bräcke högskola, Institutionen för socialvetenskap, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:esh:diva-6546.

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Sundqvist, Ebba, and Sundkvist Lina Svensson. "I väntan på "huret" : En kvalitativ studie om konstruktionen av barns delaktighet inom ekonomiskt bistånd." Thesis, Karlstads universitet, Fakulteten för humaniora och samhällsvetenskap (from 2013), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-80078.

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The purpose of this qualitative study was to examine how the Convention on the Rights of the Child [CRC] as a new law is perceived in financial aid. Furthermore, the study aimed to examine how the employees in financial aid perceive their work with the participation of children since the CRC became law. The study has all throughout been analysed with the perspective of social constructivism.   Six social workers with different roles in financial aid were interviewed. The gathered material was then analysed with content analysis. Through the content analysis, three categories developed: how “participation” is constructed; the construction of the perspective of the child and “the best interest of the child”; perception of the implementation process of article 12. The material was then analysed with the perspective of social constructivism and with the Lundy model. The results indicate that the social workers find it hard to implement article 12 in financial aid. The social workers also seem to have different constructions for the word “participation”.
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Books on the topic "Convention on the Right of the Child (Article 12)"

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Eide, Asbjørn. Article 24: The right to health. Martinus Nijhoff Publishers, 2006.

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Barth, Eide Wenche, ed. Article 24: The right to health. Martinus Nijhoff Publishers, 2006.

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Article 28: The right to education. Martinus Nijhoff Publishers, 2006.

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Verheyde, Mieke. Article 28: The right to education. Martinus Nijhoff Publishers, 2006.

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Article 13: The right to freedom of expression. Martinus Nijhoff, 2006.

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Vandenhole, Wouter. Article 26: The right to benefit from social security. Martinus Nijhoff Publishers, 2007.

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Nowak, Manfred. Article 6: The right to life, survival and development. Martinus Nijhoff Publishers, 2005.

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Doek, J. E. Article 8: The right to preservation of identity ; Article 9 : the right not to be separated from his or her parents. Martinus Nijhoff, 2006.

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Article 5: The child's right to appropriate direction and guidance. M. Nijhoff Pub., 2012.

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Article 2: The right of non-discrimination. Martinus Nijhoff Publishers, 2008.

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Book chapters on the topic "Convention on the Right of the Child (Article 12)"

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Human, Sonia. "The importance of Article 2 of the Convention on the Rights of the Child for refugee children." In Child Rights and International Discrimination Law. Routledge, 2019. http://dx.doi.org/10.4324/9780429020926-12.

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"Participation and Article 12." In Implementing Article 12 of the UN Convention on the Rights of the Child. Brill | Nijhoff, 2017. http://dx.doi.org/10.1163/9789004324053_004.

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Ilias, Bantekas. "Art.7 Children with Disabilities." In The UN Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810667.003.0008.

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This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.
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Rainey, Bernadette, Pamela McCormick, and Clare Ovey. "15. Protecting Family Life." In Jacobs, White, and Ovey: The European Convention on Human Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847137.003.0015.

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This chapter examines the protection of family life under Article 8 of the European Convention on Human Rights, as well as the additional protection found in Article 12 and Article 5 of Protocol 7. It discusses the definition of family life and the positive obligations inherent in the right to ‘respect’. It also examines issues such as assisted reproduction and surrogacy, custody, access and care proceedings, international child abduction, adoption, inheritance rights, and the particular issues which arise in relation to the family life of non-nationals and prisoners. In addition, it addresses the right to marry and the right to equality between spouses.
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"Article 12: The Translation into Practice of Children’s Right to Participation in Health Care." In The United Nations Convention on the Rights of the Child. Brill | Nijhoff, 2017. http://dx.doi.org/10.1163/9789004295056_033.

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"Implementing Article 12: Procedures, Obstacles and Explanations." In Implementing Article 12 of the UN Convention on the Rights of the Child. Brill | Nijhoff, 2017. http://dx.doi.org/10.1163/9789004324053_005.

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"Concepts and Theories: On ‘the Child’, ‘Childhood’, and Rights." In Implementing Article 12 of the UN Convention on the Rights of the Child. Brill | Nijhoff, 2017. http://dx.doi.org/10.1163/9789004324053_003.

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"Setting the Scene." In Implementing Article 12 of the UN Convention on the Rights of the Child. Brill | Nijhoff, 2017. http://dx.doi.org/10.1163/9789004324053_002.

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"Country Study: Sweden." In Implementing Article 12 of the UN Convention on the Rights of the Child. Brill | Nijhoff, 2017. http://dx.doi.org/10.1163/9789004324053_006.

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"Concluding Reflections." In Implementing Article 12 of the UN Convention on the Rights of the Child. Brill | Nijhoff, 2017. http://dx.doi.org/10.1163/9789004324053_007.

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