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1
Kraljić, Suzana. "Implementation and Protection of the Child’s Right to Education." Šolsko polje XXXI, no. 3-4 (December 21, 2020): 27–44. http://dx.doi.org/10.32320/1581-6044.31(3-4)27-44.
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The United Nations Convention on the Rights of the Child was adopted in 1989, becoming the first international binding instrument to explicitly recognise children as human beings with innate rights. The Convention on the Rights of the Child sets out children's rights across all areas of their lives, including education. Given that education is crucial for the short-, medium- and long-run well-being of every child, the main stress is on implementing and protecting this right in important international human and children's rights treaties. The author highlights problems arising from selected cases of infringements of children’s right to education, especially in ECtHR decisions. In the last section, attention is paid to the COVID-19 crisis and its impact on children's right to education.
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Nurdina, Melista Aulia. "Implementation of Children Rights Fulfilment In Bandar Lampung Special Development Institution For Childrens." Constitutionale 2, no. 1 (April 23, 2021): 01–12. http://dx.doi.org/10.25041/constitutionale.v2i1.2254.
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Protection of children faced in conflict with the law and undergoing a criminal period in the Special Development Institution for Children, their rights and needs must always be fulfilled. These children's rights consist of the right to education, skills guidance, health care, and others. This study aims to identify and analyze the fulfillment of children's rights that must be fulfilled in the Special Development Institution for Children. The problem in this research is children's rights that must be fulfilled in the Special Development Institution for Children. The method of implementing the fulfillment of children’s rights in the Special Development Institute for Children, factors that hinder the implementation of the fulfillment of rights in the Special Development Institution for Children. The approach to the problem used in this research is normative and empirical juridical. The data analysis in this study was conducted qualitatively. This study found that the rights of children in the Class II of Bandar Lampung Special Development Institution have been carried out well. The assisted children get formal and non-formal education; the assisted children receive self-development guidance such as hair shaving, electric welding, planting, and mind preservation. The assisted children are also free to play music, exercise, and perform worship according to their respective beliefs. Implementing the fulfillment of children's rights uses an individual approach, and its implementation uses an assessment. Officers have programs to fulfill children’s rights, such as service, guidance, implementation, and supervision. The author suggests that Class II of Bandar Lampung Special Development Institute’s officers can fulfill children's rights ranging from formal education, non-formal education, skills, self-development, religion, maximizing the individual approach method to assisted children so that they can know more about the backgrounds, needs, emotions and interests of these children, as well as improve the quality of existing advice and infrastructure.
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Pare, Mona. "Children’s Rights Are Human Rights and Why Canadian Implementation Lags Behind." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 4, no. 1 (November 23, 2017): 24–47. http://dx.doi.org/10.22215/cjcr.v4i1.1163.
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Child rights scholarship is increasingly calling for further theorization of children’s rights, and research using the Convention on the Rights of the Child as a framework is being criticized. This paper discusses children’s rights as a legal concept that is part of wider international human rights law. It recognizes the importance of critical studies and the contribution of other disciplines, but it makes a plea for not rejecting a legal reality. Children do have rights, and these are legal norms. The paper refers to Canadian practice as an example of how the lack of recognition of children’s rights as human rights can adversely affect the place of children in a country that is known for its respect for human rights.
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Riddell, Sheila, and E. Kay M. Tisdall. "Transforming children’s rights? Dilemmas, challenges and implementation." Journal of Social Welfare and Family Law 43, no. 1 (January 2, 2021): 1–7. http://dx.doi.org/10.1080/09649069.2021.1876304.
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Gudžinskienė, Vida, Rita Raudeliūnaitė, and Rokas Uscila. "The Possibilities of Implementation of the Rights of the Child in Children’s Day Care Centres." Pedagogika 121, no. 1 (April 22, 2016): 209–24. http://dx.doi.org/10.15823/p.2016.15.
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As economic and cultural changes proliferate in our society, there is an increasing number of families the functioning of which disrupted – they are called social risk families. Social risk families are dominated by such negative factors as alcohol consumption, violence, negligence, failure to comply with societal norms, which are observed by growing up children every day. Gradually children growing up in social risk families become socially injured and need exceptional assistance. In order to assist socially injured children children’s day care centres are established, one of the functions of which is to implement children’s rights. The objective of the study: to theoretically and empirically validate the possibilities of children’s day care centres to implement children’s rights. The subject of the study – the possibilities of children’s rights which are implemented in children’s day care centres. The methods of the study: theoretical methods – the analysis of scientific literature, documents. Empirical methods – a questionnaire survey (instrument – questionnaire), which was aimed at collecting information on the implementation of socially injured children’s rights attending children’s day centres. 255 children, who attend day centres in rural areas, participated in the study. The age limit of children is not less than 14 years and not more than 18 years and parents of whom gave permission that their child could participate in the study. Such children’s age span was chosen, taking into consideration the fact that the children of such age are sufficiently mature and able to adequately express their opinion (the United Nations Convention on the Rights of the Child (1989), G. M. Biegel (2009). The statistical methods of data analysis: descriptive statistics (the analysis of a frequency distribution), Spearman’s correlation coefficient.
The results of the study. The documents regulating the activity of children’s day care centres and the educational, socio-cultural activities, which are performed in the centres, and the material assistance, which is provided there, create the preconditions for the implementation of socially injured children’s rights. The empirical study on the implementation of children’s rights in children’s day care centres established that: a favourable psychological atmosphere which is created by the employees in day care centres and the carried out activities create conditions to implement the rights of the majority of socially injured children (a right to be not discriminated, free, healthy, respected, supervised, a right to a cultural activity, leisure and rest, education, (self-) development, a right to express their opinion, be provided for and supervised); the implementation of children’s rights in children’s day care centres is aggravated by a considerable distance between the children’s place of residence and a day care centre. Consequently, part of children stay in a day care centre briefly, they give little or no time for doing homework, participate in sociocultural activities rarely. Part of children have their rights to education and (self-)development, thoughtful and comprehensive leisure partly ensured; more than half of the investigators do not receive material assistance in day care centres. Children’s day care centres only partly ensure a children’s right to be provided for and healthy. It is appropriate to organise the ride of children in children’s day centres, which are in rural areas, in such a way that conditions would be created to all the children, who attend a day care centre, to participate both in educational and sociocultural activities.
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Arce, Matías Cordero. "Maturing Children’s Rights Theory." International Journal of Children’s Rights 23, no. 2 (June 9, 2015): 283–331. http://dx.doi.org/10.1163/15718182-02302006.
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Children’s rights research is an under-theorised field of studies. The Convention on the Rights of the Child (crc) has gained the status of source and (“theoretical”) framework of research, policy and practice, thus making most research efforts a matter of discussing implementation. This paper wishes to advance a critical, that is, politically committed theoretical agenda for children’s rights research that is not bounded by the institutional framework (i.e. crc) but intends to freely think it. Programmatically, it delves on the following issues, that call for further research, of the like that might start filling in this theoretical void: the position of children’s rights research within the wider interdisciplinary field of childhood studies, children’s citizenship (instead of “participation”), the normative legitimacy of children’s rights/laws, children’s law as a branch of antidiscrimination law, and the necessary independence of children’s laws from children’s sciences.
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Cassidy, Claire. "Children’s Status, Children’s Rights and ‘dealing with’ Children." International Journal of Children's Rights 20, no. 1 (2012): 57–71. http://dx.doi.org/10.1163/157181812x608282.
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Several models of child exist, each maintaining child as something other to adult. Stables asserts: “…how we think about [children] does affect how we deal with them” (2008: 1). Seeing children as becomings is a problem. Here, I would like to consider the recommendations from the most recent United Nations’ report card on the implementation of the UNCRC in the UK and place these against the question of how society ‘deals with’ children and whether a report that is more positive than ‘must do better’ is likely to take us beyond seeing the child as different, as other, as becoming.
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Payà Rico, Andrés, and Jaume Bantulà Janot. "Children’s Right to Play and Its Implementation: A Comparative, International Perspective." Journal of New Approaches in Educational Research 10, no. 2 (July 15, 2021): 279. http://dx.doi.org/10.7821/naer.2021.7.665.
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The child's right to play is specifically addressed in the framework of the Convention on the Rights of the Child. The international recognition of this right is the central theme of this study. Through a documentary analysis of the reports of the States Parties to the Convention and the Concluding Observations of the Committee on the Rights of the Child, the study assesses the recognition of this right. The entry into force of General Comment 17 on the right of the child to rest, recreation, play, recreational activities, cultural life and the arts (art. 31) in 2013 should have marked a turning point in policies on children in the States Parties, but this did not occur. Policies cannot be developed in favour of children where play is ignored. Identifying the difficulties in exercising this right is also a challenge. Play should be part of the objectives, goals and strategies of action plans for children.
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Faiz, Melike, and Selman Tunay Kamer. "Prospective Teachers’ Opinions Concerning Children’s Rights." Journal of Education and Learning 6, no. 3 (March 23, 2017): 118. http://dx.doi.org/10.5539/jel.v6n3p118.
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Consideration of the child as a social being and his/her not having the power of self-protection have propounded the significance of children’s rights. Teachers are important to educate the individual. Prospective teachers who will be teachers of the future will have a considerable amount of presidency. Thus, the main objective of this research is to reveal the opinions of prospective teachers regarding children rights. Among the qualitative research methods, phenomenological research method has been adopted in this study. Among the participants of the study were 30 prospective teachers who were senior students from three different teacher education programs from a university placed in Turkey. Participants were from the departments of preschool teacher education (n=10), primary school teacher education (n=10) and social studies teacher education (n=10). Data were collected through a structured interview and analyzed by means of content analysis method. According to the findings, most prospective teachers believe that children possess differences in their educational settings, family life, economical situations and their environment that they are being raised. Hence, almost all of them stated inequality among children. Regarding implementation of child rights in the families, all prospective teachers have regarded child at an important position within the family; however, they have mentioned that families did not pay required attention to children’s right. According to prospective teachers, families should realize child as an individual, look after their rights and pay respect to children’s opinions. Furthermore, implementation of children’s rights at schools highlighted two views: The first one stress that schools are not provided required sensitivity to children’s rights, and secondly children show discipline problems in school due to limitless freeness provided for them. Regarding helping children for comprehending their rights, prospective teachers mentioned importance of reaching the large masses by means of mass media and raising the awareness of families through activities such as seminars.
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Schapper, Andrea. "Children’s Rights Implementation as a Multi-Level Governance Process." Human Rights Quarterly 39, no. 1 (2017): 104–29. http://dx.doi.org/10.1353/hrq.2017.0003.
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Yigitbas, Cagla, and Fadime Ustuner Top. "The implementation of child rights in healthcare services." Nursing Ethics 27, no. 7 (May 21, 2020): 1517–28. http://dx.doi.org/10.1177/0969733020922883.
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Background: Hospitalized children have the right to “partake in practices related to their treatment and care.” Midwives and nurses have important roles and responsibilities regarding the protection and enforcement of these rights, such as providing information and advocating for children. Objectives: This study aims to determine the attitudes of midwives and nurses toward their roles and responsibilities in the implementation of child rights in healthcare services and the factors affecting their attitudes. Methods: This descriptive cross-sectional study included 122 midwives and nurses in total. The data were collected through a questionnaire. Ethical considerations: Written permission was obtained from an ethics committee in the center of the city where the research was conducted. Results: The mean age of the participants was 36.70 ± 8.03 years; 58.9% of midwives and nurses stated that they understood the child’s consent about the treatment by looking at the child’s facial expression; 36% of midwives and nurses stated that children could not participate in decisions regarding their own health. It was observed that obtaining the child’s consent in matters related to treatment does not make any difference between midwives and nurses. The rate of the midwives stating that they would report suspicious violence-neglect and abuse was found to be higher. Conclusion: The variables of the unit of employment, the state of having children, choosing the profession and practicing in it willingly, and getting training on children’s rights make a difference in terms of children’s rights in healthcare services. Midwives and nurses should be reminded of child rights in healthcare services through regular in-service training programs.
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Gadda, Andressa M., Juliet Harris, E. Kay M. Tisdall, Elizabeth Millership, and Ursula Kilkelly. "Human rights’ monitoring and implementation: how to make rights ‘real’ in children’s lives." International Journal of Human Rights 23, no. 3 (March 16, 2019): 317–22. http://dx.doi.org/10.1080/13642987.2018.1558972.
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Nissen, Ellen. "A Children’s Rights Perspective to Ruiz Zambrano and Chavez-Vilchez: An Examination in Light of Theory, Practice and Child Development Research." European Journal of Migration and Law 23, no. 1 (March 18, 2021): 68–101. http://dx.doi.org/10.1163/15718166-12340095.
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Abstract This contribution demonstrates that the CJEU cases Ruiz Zambrano and Chavez-Vilchez are particularly significant from a children’s rights perspective. The article connects these two judgments and their implementation in the national Dutch context, with three commonplace themes from children’s rights literature; (1) the child as an equal bearer of rights, (2) the child as a distinct bearer of rights, and (3) the important role of developmental research. This perspective shows that the approach adopted by the CJEU with regard to the EU citizen child is paradigm shifting, as it breaks with dominant approaches in fundamental rights law and immigration law which historically place parental rights front and centre. The contribution demonstrates that the importance of this shift cannot be underestimated, because it provides the contested notions of children’s rights and the Convention on the Right of the Child (CRC) with both legitimacy and meaning.
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Reynaert, Didier, Maria Bouverne-De Bie, and Stijn Vandevelde. "Between ‘believers’ and ‘opponents’: Critical discussions on children’s rights." International Journal of Children's Rights 20, no. 1 (2012): 155–68. http://dx.doi.org/10.1163/157181812x626417.
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Practices in the field of children’s rights presuppose an agreement on what children’s rights are. Consequently, the implementation of more children’s rights is logically better for children. But is this really the case? In this paper, we try to answer this question critically. The problem with this question however is that from the outset, it becomes overshadowed by a highly polarised discussion between what Stammers (2009) calls ‘uncritical proponents’ at the one hand and ‘uncritical opponents’ at the other hand. The former have a blind belief in the obvious positive effects of children’s rights. The latter radically deny the value children’s rights can have in the aim to realise a greater respect for children. Neither positions are constitutive in strengthening the framework of children’ rights since they both start from a ‘consensus thinking’ on children’s rights. What current thinking in children’s rights lacks is “critique”, considered as questioning and analyzing assumptions that are embedded in current practices in the field of children’s rights. In this article, we argue for the development of a tradition of “critical proponents” in children’s rights in a plea for a tradition of ‘critical children’s rights studies’.
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Op de Beeck, Hanne. "Children’s Rights Indicators from Theory to Implementation: The Flemish Case." Child Indicators Research 8, no. 2 (March 7, 2014): 243–64. http://dx.doi.org/10.1007/s12187-014-9240-z.
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Roter, Petra. "Minority Children and Education in the Work of the Advisory Committee." International Journal on Minority and Group Rights 22, no. 2 (May 26, 2015): 202–31. http://dx.doi.org/10.1163/15718115-02202004.
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This article seeks to analyse the relevance of the Framework Convention for the Protection of National Minorities (Framework Convention) for minority children in the field of education. It does this with a comprehensive analysis of primary sources, namely opinions of the Framework Convention’s Advisory Committee, which monitors the treaty’s implementation. The article therefore also analyses the role of this independent monitoring body in protecting minority children’s rights. It argues that the Framework Convention provides a very relevant structure for children’s rights, and demonstrates that perhaps the most valuable contribution of the Advisory Committee to the field of children’s rights has been, firstly, in identifying various obstacles that are preventing the full implementation of children’s rights in the field of education; secondly, in recommending measures for removing those obstacles or mitigating their effects; and, thirdly, in identifying best practices with regards to the rights of children to education.
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Reynaert, Didier, Maria Bouverne-De Bie, and Stijn Vandevelde. "Children’s rights education and social work: Contrasting models and understandings." International Social Work 53, no. 4 (July 2010): 443–56. http://dx.doi.org/10.1177/0020872809355367.
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Despite the adoption of the United Nations Convention on the Rights of the Child, the interest in developing a theoretical grounding for children’s rights education seems to be rather limited. This article argues for a better understanding of children’s rights education as a distinctive practice in social work. Two different conceptions of children’s rights education are identified: as an implementation strategy and as social action. Their relevance to both social work theory and practice are examined.
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Polonko, Karen A., Lucien X. Lombardo, and Ian M. Bolling. "Law Reform, Child Maltreatment and the un Convention on the Rights of the Child." International Journal of Children’s Rights 24, no. 1 (April 19, 2016): 29–64. http://dx.doi.org/10.1163/15718182-02401010.
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Scholars and practitioners stress the need for systematic research on the implementation of the un Convention on the Rights of the Child (crc) and its potential impact on children’s rights. Our study focused on one aspect of implementation – law reform. Drawing primarily on reports to the crc Committee for 179 countries, results show for most countries, implementation is limited and focused far more on child-welfare than child-rights based legislation. The relationship of measures of law reform/legal regime (most notably, the existence of customary law and laws banning corporal punishment) to children’s experience of rights, child physical abuse and mortality, is analysed and theoretically grounded.
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Nguyen, Duc. "The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice." Bergen Journal of Criminal Law & Criminal Justice 4, no. 2 (January 9, 2017): 267. http://dx.doi.org/10.15845/bjclcj.v4i2.1074.
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The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam.Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.
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Byrne, Seamus. "Reclaiming Progressive Realisation: A Children’s Rights Analysis." International Journal of Children’s Rights 28, no. 4 (December 14, 2020): 748–77. http://dx.doi.org/10.1163/15718182-28040011.
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Abstract Any discussion on children’s socio-economic rights should not overlook their means of fulfilment; namely, the principle of progressive realisation and the legal duties arising therefrom. This article argues that from a children’s rights perspective, this principle has remained legally and operationally underdeveloped by the Committee on the Rights of the Child. This can be seen from their failure sufficiently to engage with, and address, the obligations imposed by progressive realisation in their General Comments and in their Concluding Observations on state practice issued under the Convention’s reporting process. This article argues that the cumulative consequence of these failings is that the Committee has peripheralised this important legal obligation within children’s rights scholarship and has ultimately undermined its ability to achieve its full legal potential in enhancing children’s socio-economic rights. In advocating for the promulgation of a revised General Comment on the General Measures of Implementation, it demonstrates how children’s rights can meaningfully reconnect with the principle in a more consequential way.
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Seow, Florence. "Indigenous Communities and Indigenous Children." International Journal of Children’s Rights 23, no. 4 (December 21, 2015): 844–66. http://dx.doi.org/10.1163/15718182-02304009.
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A move away from the traditional child-parent-state model of children’s rights in favour of a four-party model which includes indigenous communities can be identified in international legal discourse. The basis for this phenomenon can be found in arguments for the preservation of indigenous culture. However, whether this argument is adequate for such a fundamental change in the conceptualisation of children’s rights is questionable. This article discusses various legal conceptualisations of children’s rights in academic literature and compares these with sociological theories of children’s development. It identifies an emerging four-party model of children’s rights in international legal discourse, and points to practical problems of implementation and weak philosophical justifications. The article concludes that a four-party model based on sociological theories of children’s development would assist in overcoming these weaknesses, and allow the incorporation of other social groupings into conceptualisations of children’s rights.
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Murray, Cathy. "Children's Rights in Rwanda: A Hierarchical or Parallel Model of Implementation?" International Journal of Children's Rights 18, no. 3 (2010): 387–403. http://dx.doi.org/10.1163/157181810x487036.
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AbstractThe paper reports on a qualitative study, entitled Children's Rights in Rwanda, which was conducted in Kigali, Rwanda in 2007. Qualitative interviews were conducted with government ministers, senior staff in non-governmental organisations, Human Rights Commissioners, a Senior Prosecutor and the Ombudsman. Two focus groups were held with teenage pupils. The study explores the key children's rights – provision, protection and participation – enshrined in the United Nations Convention on the Rights of the Child. The research question is whether children's participation rights feature in Rwanda, a country in which children's rights to provision and to protection are still being addressed. A parallel model and a hierarchical model of implementing children's rights are proposed and the use of elite interviews discussed. A key finding is that a parallel model of implementation of children's rights is evident, with children's right to participation (at least in the public sphere) being addressed alongside children's right to provision and protection. In the private sphere, children's participation rights lag behind.
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Moody, Zoe. "Children’s Rights to, in and through Education: Challenges and Opportunities." Šolsko polje XXXI, no. 3-4 (December 21, 2020): 11–25. http://dx.doi.org/10.32320/1581-6044.31(3-4)11-25.
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Children’s rights in education incorporate many challenges in terms of both implementation and the pedagogical and social change opportunities they bring. First, ensuring access for all to quality education, regardless of characteristics like gender, migrant status, disability status, socio-economic status, ethnic background, family language etc., is a global concern. Second, effective implementation of the United Nations Convention on the Rights of the Child (1989) in schools – whether protecting them from discrimination and violence or creating a spirit of mutual understanding and acceptance, or fostering learning based on participatory pedagogies and structures for greater social justice – remains a challenge for the 21st century school. Finally, the ambition to enable children to become genuine agents of change capable of responding to today’s challenges in a globalised world, in all its complexity and diversity, while respecting the rights of all, raises many questions which the field of education faces now and will increasingly do so in the future. Exploring the multidimensional relationships between children’s rights and education, this article aims to give a clear picture of the field globally, through the prism of diversity, participation and social transformation as challenges for research and practice. Its aims are threefold: addressing the right of the child to, in and through education. First, the main obstacles to accessing education worldwide are identified; the issue of producing an inclusive, rights-infused environment in schools is then examined; finally, the transformative dimension of education and rights-education is discussed.
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Collins, Tara M. "The general measures of implementation: opportunities for progress with children’s rights." International Journal of Human Rights 23, no. 3 (January 17, 2019): 338–56. http://dx.doi.org/10.1080/13642987.2018.1558976.
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Williams, Jane. "Incorporating children’s rights: the divergence in law and policy." Legal Studies 27, no. 2 (June 2007): 261–87. http://dx.doi.org/10.1111/j.1748-121x.2007.00049.x.
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The paper examines conceptual barriers to incorporation of children’s rights – understood in the context of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, the Human Rights Act 1998 and the United Nations Convention on the Rights of the Child 1989 – in the law of England and Wales. It identifies traditions in law and policy on children and young people, and competing political imperatives which militate against effective implementation of children’s rights to protection and provision, but suggests that participative rights pose fewer problems. It argues that the scope for further judicial development is limited in the absence of substantial changes in the legislative framework. It then examines rights-based reasoning in administrative practice and considers the impact here of ideological differences between the UK Government and the Welsh Assembly Government. It considers the scope for differential implementation within the evolving devolution settlement, and the potential impact of such difference on child law and practice in the ‘single jurisdiction’ of England and Wales. It concludes by arguing for greater attention to executive as well as legislative and judicial functions, and to extra-judicial mechanisms, for promoting rights-based decision making.
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Rees, Osian, and Jane Williams. "Framing Asymmetry: Devolution and the United Kingdom’s Four Children’s Commissioners." International Journal of Children’s Rights 24, no. 2 (July 23, 2016): 408–33. http://dx.doi.org/10.1163/15718182-02402002.
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The United Kingdom’s four children’s commissioners, established under separate legislation for Wales, Northern Ireland, Scotland and England, are amongst the best known of the public institutions created since the beginning of devolved government in 1999. Like many such offices around the world, they are the result of domestic political and social processes as well as the influence of the requirements of international human rights treaties, specifically the United Nations Convention on the Rights of the Child. Different processes in the four countries have produced differing remits and emphases, but each commissioner is in part a response to concerns about the vulnerability of children in difficult circumstances. The commissioners’ activities include vigilance over the access of such children to support, in particular support for getting their voices heard. The commissioners have also developed prominence on the international stage as independent children’s rights institutions and all have been active in promoting children’s participation in social accountability for human rights implementation. This article explains the commissioners’ different roles and remits and examines ways in which they contribute to accountability for human rights implementation in the political, administrative, legislative, judicial and social spheres. It concludes by suggesting that their status as both “children’s champion” and independent children’s rights institutions is likely to assure their long-term endurance in the still-evolving process of constitutional change in the uk.
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Kaukko, Mervi. "The crc of Unaccompanied Asylum Seekers in Finland." International Journal of Children’s Rights 25, no. 1 (June 20, 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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Kovács, Ildiko Gabriella. "Participatory Planning Pedagogy." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 7, no. 1 (November 6, 2020): 199–227. http://dx.doi.org/10.22215/cjcr.v7i1.2576.
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This paper describes a Children’s Right to the City initiative of a Canadian provincial non-profit organization. The program and its underlying Participatory Planning Pedagogy (PPP) and curriculum follow a student-led and rights-based approach that builds upon global Child Friendly Cities scholarship. The goal of the program is two-fold: First, to uphold children’s participation rights in local decision-making by ensuring that young people’s perspectives are sought out and included in community planning initiatives, and second, to provide meaningful sustainability and citizenship education through participatory planning, and real-world local problem solving that promotes social change. Working in close collaboration with planning teams of the local municipality, the program is implemented within local public elementary schools. This paper will outline the PPP curriculum’s implementation in practice, present the underlying theories informing this work, and discuss benefits, challenges, and future potential of this children’s rights initiative.
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Seatzu, Francesco. "The Interpretation of the American Convention on Human Rights through the Prism of the United Nations Convention on the Rights of the Child." International Human Rights Law Review 9, no. 1 (May 24, 2020): 1–26. http://dx.doi.org/10.1163/22131035-00901007.
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This article considers the Inter American Court of Human Rights (IACtHR)’s and Inter-American Commission on Human Rights (iachr)’s approach to interpreting and applying the American Convention on Human Rights (achr) provisions through the prism of the United Nations Convention on the Rights of the Child (crc) and ascertains the features of each convention that supports this approach. It concentrates on the IACtHR’s and iachr’s development and implementation of the principle of the best interest of the child, and on two specific areas of the IACtHR’s and iachr’s jurisprudence on children’s rights – children’s migration and trafficking of children – and concludes with some suggestions as to how this approach might be improved further in a manner that gives wider scope for the promotion of children’s rights and freedoms in the achr contracting states.
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Krstic, Natasa. "The implementation of children’s rights and business principles in the corporate social responsibility strategy of Serbian enterprises." Sociologija 59, no. 3 (2017): 351–63. http://dx.doi.org/10.2298/soc1703351k.
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The concept of corporate social responsibility (CSR) has evolved along with the business sector, from charitable donations, business ethics, social marketing, stakeholder relationship, through strategic bonding with business goals, and its national and international institutionalization. Although the protection of human rights is an essential part of CSR, the impact of the business sector to children?s rights is often neglected. The research about the implementation of the international Children?s Right and Business Principles conducted by UNICEF organization in Serbia, confirmed that the business sector highly values activities towards children, but hasn?t incorporated children?s rights in its business strategies. The systemic introduction and enhancement of children?s rights in responsible business of Serbian companies can be supported through the incorporation of the Children?s Rights and Business Principles in the CSR reporting and certification processes. The article provides an overview of the inclusion of the Principles in the first national methodology for an objective comparison of the business sector effects in the field of social responsibility - ?CSR Index Serbia?, based on the application of the Global Reporting Initiative. As a result, it would enable strategic monitoring of the impact of the Serbian business sector in the whole range of children?s rights.
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Omuria, Nyandoro, and Eric K. Bor Beatrice Onsarigo. "Social Factors Affecting Implementation of Children’s Rights Policies in Nakuru County, Kenya." IOSR Journal of Humanities and Social Science 22, no. 05 (May 2017): 23–28. http://dx.doi.org/10.9790/0837-2205042328.
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Jung, Hye Young, and Eun Mi Koo. "A Narrative Inquiry into Childcare Center Teachers’ Implementation of Respecting Children’s Rights." Korean Council For Children'S Rights 20, no. 2 (May 11, 2016): 199–221. http://dx.doi.org/10.21459/kccr.2016.20.2.199.
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Habashi, Janette. "Children Writers: Methodology of the Rights-Based Approach." International Journal of Children’s Rights 21, no. 1 (2013): 12–24. http://dx.doi.org/10.1163/157181812x634229.
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The paper examines the rights-based approach utilized in research with children. This approach aims to encourage children’s participation in every stage of the research process (planning, monitoring, evaluating, and writing up the results) on issues that impact their lives. The rights-based framework is more inclusive than the traditional approach that limits children’s participation to the data collection segment of the study. The traditional approach of research excludes children’s perspectives in the research agenda and therefore the implementation of the findings in social policy. Alternatively, this paper discusses the Palestinian journaling project as a prototype of transformation utilizing the rights-based approach whereby children create possibility for ownership over the agenda and the process of research. These concepts could transform child research participants from co-researchers to writers, as well as highlight the possibilities of including children at the conceptual stage of the research process.
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Gyan Nyarko, Michael. "Towards Effective Implementation of the African Charter on the Rights and Welfare of the Child in Egypt." African Journal of Legal Studies 11, no. 2-3 (September 16, 2018): 141–77. http://dx.doi.org/10.1163/17087384-12340031.
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AbstractThe adoption of the Convention on the Rights of the Child (CRC) in 1989 marked an important step towards the ‘legal recognition and protection of the rights of children’. The inadequacies of the CRC regarding some issues peculiar to the African child, however, led to the adoption of the African Charter on the Rights and Welfare of the Child (ACRWC or African Children’s Charter) in 1990, to complement the CRC and provide protection to children in peculiar African realities. The desired effects of the Charter will, however, only be achieved if its provisions are diligently implemented. Based on desk research and semi-structured interviews, this article discusses the implementation of the ACRWC in Egypt, highlighting the legislative and other measures adopted by Egypt to implement the provisions of the ACRWC. It also considers the role of the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee) in ensuring implementation of the ACRWC in Egypt through the state reporting and complaint mechanisms and considers the measures adopted by Egypt towards the implementation of concluding observations of the African Children’s Committee. It concludes with recommendations on how Egypt can better implement the provisions of the ACRWC.
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Kozak, Małgorzata. "Obrona nowożytnej koncepcji praw dziecka. Kilka refleksji w kontekście myśli pedagogicznej Jana Jakuba Rousseau." Problemy Wczesnej Edukacji 29, no. 2 (June 30, 2015): 23–32. http://dx.doi.org/10.5604/01.3001.0008.5658.
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The presented text focuses on the normative concept of the rights of the child. The inspiration to re-read this currently dynamic pedagogical and legal category is the persona and ideas of Jean- Jacques Rousseau. The presented reflections are an attempt at a new interpretation of the category of children’s rights in the context of pedagogical naturalism and the rationalism of a philosopher of the Enlightenment. This text may become an argument in defense of the concept of basing the relations between adults and children on the ideas of children’s rights. We are faced with the following question: To what extent does the category of children’s rights, as determined by positive law, and its ensuing implications in terms of children’s status and their relations with adults, result from the nature of man and society, and to what extent do they constitute a mere “pretence of decency”, becoming an enslaving category? Given the degraded nature of man, how can we justify the need to regulate children’s rights and develop education based on these rights, and to what extent do these rights in fact contribute to this degradation, becoming a source of children’s suffering? Contrary to appearances, the answers to these questions are not unequivocal. This text attempts to re-read and re-analyze the fundamental rights of the child set forth in the Convention on the Rights of the Child and the main legal regulations that form its basis with reference to the ideas of the Enlightenment philosopher. The defense of the contemporary concept of children’s rights with reference to the thought of J.J. Rousseau is also a critical voice in the debate on the assumptions, form, and implementation of children’s rights in modern society.
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Croke, Rhian, Rhian Thomas Turner, Phillip Connor, and Martin Edwards. "Utilising the International Human Rights Framework to Access the Benefits of Paediatric Research in The covid Era: A Wales Case Study." International Journal of Children’s Rights 29, no. 2 (June 15, 2021): 326–52. http://dx.doi.org/10.1163/15718182-29020003.
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Abstract This article uses Wales as a case study to discuss the challenges to accessing the benefits of paediatric research before and during the covid-19 pandemic. Due to the rapidly changing political and legislative landscape, it is critical that health professionals working for the benefit of children can utilise international human rights treaties and the most relevant General Comments that offer a bridge between legalistic provisions and practice. Additionally, it is vital for health professionals to interpret and understand domestic children’s rights legislation, including tools for implementation for realising children’s rights. This article shares learning from the Children’s Hospital for Wales, Children and Young Adult Research Unit’s endeavour to challenge the Welsh Government to pay due regard to the rights of the child in ensuring children can access the benefits of paediatric research; including research concerning children’s role in infection and transmission, during the pandemic.
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Sandberg, Kirsten. "The Role of National Courts in Promoting Children’s Rights." International Journal of Children’s Rights 22, no. 1 (2014): 1–20. http://dx.doi.org/10.1163/15718182-02201005.
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National courts have a central role to play in the implementation of children’s rights. In this article, decisions of the Norwegian Supreme court in criminal cases and immigration cases are discussed. They shed interesting light on issues under article 3, such as whether the courts should base their judgment on the present facts, the balancing of the child’s best interests against other considerations, and whether article 3 is self-executing and justiciable. The consequences of a child not being heard are considered. Criminal and immigration cases both contain strong societal interests, but the willingness to give priority to children’s rights seems to differ in the two areas.
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Joamets, Kristi, and Muy Seo ngouv. "A Child’s Right to Be Heard and Be Represented in the Criminal Procedure: A Comparative Analysis of Estonian and Cambodian Law to CRC." Baltic Journal of European Studies 9, no. 4 (December 1, 2019): 127–49. http://dx.doi.org/10.1515/bjes-2019-0040.
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Abstract This paper analyses the legal and practical implementation of the right to be heard and be represented of children in criminal proceedings, both in the framework of the United Nations Convention on the Rights of the Child (CRC) and in the context of Estonian and Cambodian legal systems. Estonia has been chosen as a model state of EU by which also the EU principles are reflected. Particularly, this paper provides a comparative analysis of the implementation of a child’s right to be heard and be represented in Estonia and Cambodia by examining the legal standards concerning children’s right to be heard and be represented enshrined under the CRC together with the regulations and policies of each respective country, and, to a smaller extent, how the principles of the CRC are reflected in EU law and policies. Examples of actual practices in Estonia and Cambodia are discussed to understand whether both countries are compliant with the principles of the CRC. This paper suggests that Estonia and Cambodia both acknowledge their human rights obligations regarding children’s rights, and their legal regulations and policies are in accordance with the CRC principles. However, there remain gaps in the implementation of these policies and regulations in both countries. This view is justified by the analysis of the performance of judicial professionals, including judicial police, lawyers, prosecutors and judges. While critically analyzing the challenges, this article also suggests changes to address the problem.
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Osler, Audrey, and Trond Solhaug. "Children’s human rights and diversity in schools: Framing and measuring." Research in Comparative and International Education 13, no. 2 (June 2018): 276–98. http://dx.doi.org/10.1177/1745499918777289.
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We report on the development of an instrument to measure attitudes to children’s human rights and diversity in schools. It was developed to investigate perceptions of human rights and diversity among students and then teachers in two contrasting areas of Norway. The instrument draws on human rights standards articulated in the United Nations Convention on the Rights of the Child. It is intended for use in future baseline studies, allowing for transnational and comparative analysis of child rights in education. The near-universal ratification of the United Nation Convention on the Rights of the Child provides an agreed international framework for evaluating rights implementation strategies over time. We contextualise the measurement instrument, focusing on rights provision, child protection, and participation in schools. We consider its strengths and possible limitations and discuss the need for a sound human rights conceptual model through which child rights in school settings can be interpreted.
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Peleg, Noam. "Reconceptualising the Child’s Right to Development: Children and the Capability Approach." International Journal of Children’s Rights 21, no. 3 (2013): 523–42. http://dx.doi.org/10.1163/15718182-02103003.
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The article proposes adopting the Capability Approach as a theoretical framework to analyse the child’s right to development. Currently, the child’s right to development is realised as the child’s right to become an adult. This interpretation is problematic on several grounds, primarily its usage of developmental psychology as an underlying narrative to conceptualise childhood and interpret children’s rights, and its lack of respect for children’s agency. Using the Capability Approach’s conception of ‘human development’ as an alternative framework can change the way in which childhood and children’s development are conceptualised and, consequently, change the interpretation of the child’s right to development. It can accommodate simultaneously care for the child’s future and the child’s life at the present; promote respect for a child’s agency and active participation in her own growth; and lay the foundations for developing concrete measures of implementation.
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Dudaite, Jolita, and Brigita Kairienė. "ATTITUDES TOWARDS IMPLEMENTATION OF THE RIGHTS OF CHILDREN AS FORMED BY THE MEDIA /ŽINIASKLAIDOS FORMUOJAMAS VISUOMENĖS POŽIŪRIS Į VAIKO TEISIŲ ĮGYVENDINIMĄ." SPECIALUSIS UGDYMAS / SPECIAL EDUCATION 1, no. 36 (December 29, 2017): 77. http://dx.doi.org/10.21277/se.v1i36.299.
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<p>The article analyses the societal attitudes towards the rights of children and their implementation as formed by the media. The media has the possibility to reach a wide audience of readers. It serves as an important tool in encouraging the sensitivity of all society and those responsible for the protection of children’s rights policy. The aim of the research is to identify the implementation of children’s rights as affected by the media and to highlight those which are lacking. Attention is drawn to the implementation of the child’s rights in general, as well as those of the rights of children having special needs</p><p>Straipsnyje nagrinėjamas žiniasklaidos formuojamas visuomenės požiūris į vaiko teises ir jų įgyvendinimą. Žiniasklaida turi galimybę pasiekti labai didelę skaitytojų auditoriją, be to, ji yra svarbi priemonė skatinanti visos visuomenės ir žmonių, atsakingų už vaiko teisių apsaugos politiką, jautrumo šiai temai skatinimą. Atliktame tyrime siekiama nustatyti, kokie vaiko teisių įgyvendinimo aspektai yra žiniasklaidos paliečiami, o kokių aspektų stokojama. Atkreipiamas dėmesys į vaiko teisių įgyvendinimo temas bendruoju atveju ir į specialiųjų poreikių vaikų teisių įgyvendinimo temas</p>
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Landa, Silvia Anastasia, and Novika Noerdiyanti. "Urgency of Menstrual Hygiene Management at School within Child Rights Framework: Case Studies in 6 Schools." Jurnal Perempuan 25, no. 2 (July 22, 2020): 101. http://dx.doi.org/10.34309/jp.v25i2.435.
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<div>Researches related to Menstrual Hygiene Management (MHM) show that challenges faced by girls related to MHM in schools, such as lack of MHM facilities and information including negative stigma, potentially decrease the fulfillment of girls’ rights to proper education. However, there is no study in Indonesia to explore the implementation of the Menstrual Hygiene Management (MKM) program in schools from the perspective of children’s rights. Therefore, this study examined the implementation of the MHM from the</div><div>children’s rights perspective and explored the importance of affirmative action towards MHM for girls. This research was conducted qualitatively in March 2018, in the West Jakarta Municipality (DKI Jakarta), Nagekeo District (NTT), and North Lombok District (NTB), one elementary school and one middle school in each regency/city, there were a total of six schools.</div>
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Tisdall, E. Kay M. "Challenging Competency and Capacity?" International Journal of Children’s Rights 26, no. 1 (March 7, 2018): 159–82. http://dx.doi.org/10.1163/15718182-02601003.
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Galvanised by the un Convention on the Rights of the Child, many jurisdictions have introduced or strengthened children’s rights to participate in family law proceedings. Yet, the research and legal literature continues to show difficulties in implementation. According to the literature, decisions makers frequently view children as insufficiently competent or lacking in capacity to participate in proceedings or for much weight to be given to the children’s views. This article unpicks the concepts of competence and capacity, both in relevant literature and reported case law from Scotland. The article asks three questions: What are meant by competence and capacity? How are they used? Do the concepts enhance or detract from children’s participation rights? The article finds that competence is often casually used in the literature, alternative terms are used in reported case law (such as maturity), and judging capacity remains problematic in both law and practice. The article concludes that both concepts detract from children’s participation rights, as the concepts suggest competence and capacity are inherent to the child rather than contextual and relational. If the concepts were to be used, they should be subject to more critique and precise definition. However, children’s participation rights are more likely to be furthered by alternatives, such as fresh ideas about recognising and supporting people’s legal capacity within the un Convention on the Rights of Persons with Disabilities.
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Sakr, Naomi. "Children’s access to beneficial information in Arab states: Implementation of Article 17 of the Convention on the Rights of the Child in Egypt, Morocco and the United Arab Emirates." Global Studies of Childhood 6, no. 4 (November 7, 2016): 376–87. http://dx.doi.org/10.1177/2043610616676029.
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In theory, the multiple platforms and transnational nature of digital media, along with a related proliferation of diverse forms of content, make it easier for children’s right to access socially and culturally beneficial information and material to be realised, as required by Article 17 of the UN Convention on the Rights of the Child. Drawing on data collected during research on children’s screen content in the Arab world, combined with scrutiny of documents collated by the Committee on the Rights of the Child, which monitors compliance with the Convention on the Rights of the Child, this article explores how three Arab countries, Egypt, Morocco and the United Arab Emirates, presented their efforts to implement Article 17 as part of their periodic reporting on their overall performance in putting the Convention on the Rights of the Child into effect. It uncovers tensions over the relationship between provision, participation and protection in relation to media, reveals that Article 17 is liable to get less attention than it deserves in contexts where governments keep a tight grip on media and that, by appearing to give it a lower priority, all parties neglect the interdependence of human rights in relation to media and children.
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Vongvannasay, Khonsavanh, Khamphang Vongphachanh, and Vilay Langkavong. "The Right of Children in Accessing Primary Education: Vientiane Province Case Study." Asia-Pacific Journal on Human Rights and the Law 16, no. 1-2 (October 6, 2015): 26–41. http://dx.doi.org/10.1163/15718158-01601003.
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The right to education is an important fundamental right for all Lao citizens and is regarded as one of the priorities of development in Lao pdr. The Lao pdr realizes the importance of education for all as a significant tool to help the country graduate from the least developed country status in 2020. Primary and tertiary education is therefore one of the Lao pdr Government’s priorities. This research analyses the existing rights of children to access primary education in Vientiane Province, the education system in Lao pdr and its education policy for all children. The researchers conducted an in-depth review on the actual implementation of children’s access to education in Vientiane Province, identifying barriers to the full implementation of education policy in the province as well as other important external factors for education. Recommendations are made for increasing children’s access to education, thereby improving the right to education in the state and building a much stronger foundation for the development of Lao pdr.
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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 (January 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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Hoffman, Simon, and Rebecca Thorburn Stern. "Incorporation of the UN Convention on the Rights of the Child in National Law." International Journal of Children’s Rights 28, no. 1 (March 10, 2020): 133–56. http://dx.doi.org/10.1163/15718182-02801001.
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Incorporation is amongst the legislative measures of implementation of the UN Convention on the Rights of the Child (crc) recommended by the Committee on the Rights of the Child. This article will discuss incorporation of the crc in national law. It will show how incorporation is understood in different contexts, and highlight possible tensions between child rights and international law discourse and analysis. It begins by reviewing literature on incorporation of human rights treaties before discussing how incorporation is conceptualised in the context of the crc. The focus then shifts to a review of studies that provide insights into how incorporation and legal integration of the crc impact on how children’s rights are treated in national legal systems. While primarily a commentary on the available literature, the authors reflect on the significance of incorporation and how this is understood for academic and legal analysis, and what the evidence tells us about its contribution to the realisation of children’s rights.
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Bakar, Abu. "KAWIN PAKSA (Problem Kewenangan Wali dan Hak Perempuan dalam Penentuan Jodoh)." AL-IHKAM: Jurnal Hukum & Pranata Sosial 5, no. 1 (September 2, 2013): 81–98. http://dx.doi.org/10.19105/al-lhkam.v5i1.283.
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Religion teaching is connected with the forms of such as thefreedom of choosing, deciding, and doing or not doingsomething in positive way. Unfortunately, the freedom oftencauses the problem in implementation, such as the freedom ofchoosing or deciding the mate that often ends in the practice offorce marriage. It is a relational problem between parents andtheir children in deciding their children’s mate because both ofthem keep their wish stubbornly that claim as their rights. Theirparents think that they has authority in deciding their mate totheir children because they think ijbar right is theirs. On theother hand, the children also think that they have the right todecide their mate by themselves. Islam protects human rights ineverything including the right to their daughter in decidingtheir mate.
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Derr, Victoria, Maria Sitzoglou, Tuline Gülgönen, and Yolanda Corona. "Integrating Children and Youth Participation into Resilience Planning." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 5, no. 1 (November 9, 2018): 173–99. http://dx.doi.org/10.22215/cjcr.v5i1.1241.
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Article 12 of the United Nations Convention on the Rights of the Child of 1989 places obligations on States to provide opportunities for children to express their opinions and to have these opinions be taken seriously in matters that affect their lives. While many studies from around the world have shown that children and youth can meaningfully participate to inform a wide range of issues, wide-scale implementation of children’s participation and thus the realization of children’s rights, is still not widely achieved. In the context of planning for urban resilience, three cities in three diverse nations approached integration of children and youth into resilience planning, with varying success. While each city was able to support children’s voicing of perspectives facilitators also struggled with how to authentically integrate youth voices into a new realm of planning—for urban resilience. This article thus shares the approaches and objectives from each city and reflects on what can be learned from these experiences when trying to integrate children and youth opinions and perspectives into community planning, particularly when guided by international frameworks or agendas. While each city has some success in realizing children’s rights to participate, to a certain extent, lack of municipal frameworks for participation and lack of knowledge about and support for children’s participation among municipal leaders inhibited the realization of children’s participation.
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Yanghee Lee and 김상원. "Implementing International Children’s Rights Norm- A review of the implementation of the Convention on the Rights of the Child -." SungKyunKwan Law Review 25, no. 2 (June 2013): 311–32. http://dx.doi.org/10.17008/skklr.2013.25.2.011.
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