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1
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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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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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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Herbots, Katrien, and Johan Put. "The Participation Disc." International Journal of Children’s Rights 23, no. 1 (2015): 154–88. http://dx.doi.org/10.1163/15718182-02301007.
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Over twenty years after the adoption of the un Convention on the Rights of the Child, child participation and the child’s right to participate still remain subjects of discussion and interpretation. This article aims to examine critically the notion of “participation” through a literature analysis that cuts across several academic disciplines. A framework for understanding participation is proposed in the form of a participation disc. the crc is critically examined against the background of this participation disc. The significance to be attached to the crc participation rights will be ascertained with a particular focus on Article 12. An assessment, by means of a theoretical review, leads to the conclusion that enacting the participation rights in the crc is a result of a casuistic and fragmentary approach to participation rather than a well-considered view of participation. Therefore, a certain vigilance is required when interpreting, implementing and monitoring crc participation rights.
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Charles, Anthony, and Kevin Haines. "Engaging Young People as Partners for Change: The ur Community Project." International Journal of Children’s Rights 27, no. 1 (2019): 140–75. http://dx.doi.org/10.1163/15718182-02701007.
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Article 12 of the un Convention on the Rights of the Child (uncrc) declares that young people have the right to express views and to have these taken into account when decisions are made that affect them. Yet, children’s voices are still not universally heard in policy and operational discourses. In many areas of service delivery in particular, young people remain disenfranchised, in spite of evidence which attests to their desire positively to engage with adult decision makers. Challenging the apparent discordance between the rhetoric relating to young people’s decision making and reality (as perceived by children), this article offers a new and innovative template for researching with young people as partners for change in the specific context of research dissemination. Seeking to enhance understanding and influence practice, the article sheds some much-needed light on how participation rights can be made “real” at a local level.
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Welty, Elizabeth, and Laura Lundy. "A children’s rights-based approach to involving children in decision making." Journal of Science Communication 12, no. 03 (2013): C02. http://dx.doi.org/10.22323/2.12030302.
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Children’s issues have become a greater priority on political agendas since the UN General Assembly adopted the Convention on the Rights of the Child (UNCRC). Each government has agreed to ensure that all those working with and for children understand their duties in relation to upholding children’s rights including the obligation to involve children in decisions that affect them (Article 12). Respecting children’s views is not just a model of good pedagogical practice, but a legally binding obligation. However, there is a limited awareness of Article 12, and how to actualise it. While many people speak about the ‘voice of the child’ or ‘student voice’, these concepts do not capture the full extent of the provision. Lundy (2007) developed a model, which helps duty bearers involve children meaningfully in decision-making. According to this model four separate factors require consideration: Space, Voice, Audience, and Influence. In this paper, we provide an overview of these four factors and a summary of the main implications of the model.
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Streelasky, Jodi. "Valuing children’s voices across diverse global contexts: A gallery exhibit of children’s multimodal art." Global Studies of Childhood 10, no. 2 (2019): 145–55. http://dx.doi.org/10.1177/2043610619858752.
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This article describes an international classroom partnership with twenty-eight 5-to 7-year-old Canadian and Tanzanian children, and outlines the meaningful ways they were involved in the research process. In this project, the children shared their valued school-based experiences and environments through multiple self-chosen modes. The children’s arts-based multimodal texts, descriptions of their valued school experiences and environments, and their personal biographies were then shared at a 2-week exhibit at a national art gallery in Canada. The findings across both data sets revealed the children’s interest in spending time outdoors in their local contexts, engaging in collaborative and imaginative play. This project also addresses the importance of providing a space for children to share their perspectives, which aligns with Article 12 of the UN Convention on the Rights of Child. Article 12 addresses the importance of children having a right to have a voice and to have their opinions heard in matters that affect them. Article 13 is also highlighted in this project and outlines children’s right to freedom of expression. This right includes the freedom ‘to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice’. In this project, the Canadian and Tanzanian children’s multimodal texts of their valued school-based experiences revealed more similarities than differences in relation to what learning experiences mattered to them at school. During this project, the children in both contexts became interested and invested in their international peers’ lives and school-based experiences, and felt a sense of connectedness and kinship across the globe.
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Watkins, Dawn, Effie Lai-Chong Law, Joanna Barwick, and Elee Kirk. "‘If you are 10, you go to prison’: children’s understanding of the age of criminal responsibility." Northern Ireland Legal Quarterly 67, no. 3 (2016): 311–26. http://dx.doi.org/10.53386/nilq.v67i3.120.
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Under Article 12 of the UN Convention on the Rights of the Child, all children who are capable of forming their own views have the right to express those views freely in all matters affecting them. Through the use of innovative, participatory methods, the authors of this paper have gathered the views of over 600 children aged 8–11 years concerning the current age of criminal responsibility under English law. The aim of this article is to demonstrate what and how children think about the age of criminal responsibility; in the hope that children’s views, both individually and collectively, will both inform and influence debate on this significant issue. Through their analysis of children’s views, the authors demonstrate in this article that there exists for children a strong association between the notion of criminal responsibility and imprisonment. In light of this, the authors suggest that, alongside the discussions that are taking place around the appropriate age for setting criminal responsibility, priority must also be given to the consideration of steps that can and should be taken to increase children’s awareness of the English legal system to enhance their understanding of the criminal justice system and to improve their knowledge and understanding of children’s rights both in the context of wrong-doing, and more widely.
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Ouis, Pernilla. "Honourable Traditions? Honour Violence, Early Marriage and Sexual Abuse of Teenage Girls in Lebanon, the Occupied Palestinian Territories and Yemen." International Journal of Children's Rights 17, no. 3 (2009): 445–74. http://dx.doi.org/10.1163/157181808x389911.
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AbstractGirls in the Middle East are often exposed to serious violations of their rights as set out in the UN Convention of the Rights of the Child; these violations are particularly evident in the field of gender-based sexual discrimination and violence. The project described in this article attempts to produce a situation analysis of the exposure to sexual violence of girls aged 12-18 in three countries: Lebanon, The Occupied Palestinian Territories (the OPT) and Yemen. The article focuses on three particular types of gender-based sexual violence against teenage girls, namely honour violence, early marriages, and sexual abuse. The methods applied in the research were Focus Groups Discussions (FGDs) with about 8-12 participants in each FGD. In addition to the FGDs, life stories were also collected. The project emphasised the experiences and opinions of girls regarding the three types of sexual violence listed above. 384 teenagers participated in FGDs to express their views and experiences on sexual violence and more than thirty life stories were collected. The article explores how honour violence, early marriages, and sexual abuse are violations of the CRC and analyses the particular cultural mechanisms that underlie this gender-based sexual violence in the Middle East.
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Daly, Aoife. "No Weight for “Due Weight”? A Children’s Autonomy Principle in Best Interest Proceedings." International Journal of Children’s Rights 26, no. 1 (2018): 61–92. http://dx.doi.org/10.1163/15718182-02601012.
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Article 12 of the un Convention on the Rights of the Child (crc) stipulates that children should have their views accorded due weight in accordance with age and maturity, including in proceedings affecting them. Yet there is no accepted understanding as to how to weigh children’s views, and it is associated strongly with the indeterminate notion of “competence”. In this article, case law and empirical research is drawn upon to argue that the concept of weighing their views has been an obstacle to children’s rights, preventing influence on outcomes for children in proceedings in which their best interests are determined. Younger children and those whose wishes incline against the prevailing orthodoxy (they may resist contact with a parent, for example) particularly lose out. Children’s views appear only to be given “significant weight” if the judge agrees with them anyway. As it is the notion of autonomy which is prioritised in areas such as medical and disability law and parents’ rights, it is proposed in this article that a children’s autonomy principle is adopted in proceedings – in legal decisions in which the best interest of the child is the primary consideration, children should get to choose, if they wish, how they are involved and the outcome, unless it is likely that significant harm will arise from their wishes. They should also have “autonomy support” to assist them in proceedings. This would likely ensure greater influence for children and require more transparent decision-making by adults.
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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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Veerman, Philip. "The Ageing of the UN Convention on the Rights of the Child." International Journal of Children's Rights 18, no. 4 (2010): 585–618. http://dx.doi.org/10.1163/157181810x522360.
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AbstractIt is argued in this article that the U.N. Convention on the Rights of the Child (CRC) is no longer up to date. Compared with the new situation of children using the internet, cell phones, sending text messages, downloading videos, gaming and gambling on line, the CRC looks like an archaic document, the author found. Adolescents consume enormous amounts of alcohol and some have to be treated for addiction, but the term alcohol can't be found in the CRC. The CRC does not include the right to treatment for drug addiction. Article 33 (protection from illicit drugs) is much too weak for children and adolescents of the 21st Century, it is argued. Furthermore it was observed that globalisation and HIV/AIDS are not specifically addressed by the CRC. The author presents some proposals, one of them being a Review Conference of the States Parties to the CRC.
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Broughton, Fiona. "Overstepping the Mark?" International Journal of Children’s Rights 24, no. 4 (2016): 687–717. http://dx.doi.org/10.1163/15718182-02404002.
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This article examines the position of the un Convention on the Right of the Child with regard to pre-natal children in light of the 2016 Concluding Observations of the Committee on the Rights of the Child. These Observations of the Committee recommend that Ireland, as well as and other State parties to the Convention, decriminalise abortion in all circumstances. The article analyses the possible remit of the Convention to apply to pre-natal children and concludes that the Committee deviates from the Convention’s ethos of inclusive human rights and is overstepping the mark in imposing its abortion belief system on States parties to the Convention.
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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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Tsvok, M. S. "The child’s right to freedom of expression and right to information: legal analysis." Legal horizons, no. 22 (2020): 52–57. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p52.
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The article analizes normative and legal acts, which establish the child’s right to freedom of expression and right to information. It is noted that Ukraine has ratified a number of regulations, which establish certain provisions concerning the child’s right to freedom of expression, as well as the right to freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice. These include the Convention on the Rights of the Child (1989), the Convention on Contact Concerning Children (ETS- 192) (2006), and the European Convention on the Exercise of Children’s Rights (2006). It is mentioned that Ukraine has a State Social Program «National Action Plan for the Implementation of the UN Convention on the Rights of the Child» for the period up to 2021 (2018). Special attention is paid to the analysis of legal provisions regarding child’s use of information in the digital environment. In particular, it is stated that the Council of Europe Strategy on the Rights of the Child (2016‒2021) provides opportunities for growth in the digital world, and the Recommendation CM/Rec (2018)7 of the Committee of Ministers of the Council of Europe to member states establishes the principles of observance, protection and realization of the child’s rights in the digital environment. The article analyzes main provisions established in domestic law governing the child’s right to freedom of expression and right to information in Ukraine. At the same time, it is noticed that the implementation of these rights may be restricted by law in the interests of national security of Ukraine, its territorial integrity or public order. It is concluded that although today in Ukraine the implementation of the child’s right to freedom of expression and right to information is regulated, the national legislation in this area needs to be improved in accordance with existing international and European regulations.
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Langlaude, Sylvie. "Children and Religion under Article 14 UNCRC: A Critical Analysis." International Journal of Children's Rights 16, no. 4 (2008): 475–504. http://dx.doi.org/10.1163/092755608x278920.
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AbstractThis article examines the text of Article 14 of the UN Convention on the Rights of the Child 1989 and the work of the UN Committee on the Rights of the Child. It considers the text of the Article and its travaux préparatoires; it then provides an analysis of the issues considered by the Committee: the concept of the evolving capacities of the child, freedom of religious choice, freedom of manifestation, and education. It also highlights the problems that have emerged in the Committee's work, in the light of a theoretical framework of the right of the child to religious freedom in international law. It concludes that the Committee fails children in relation to their religion and suggests some positive steps to be taken by the Committee.
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Sitkova, Olga Yu. "The Legal Nature of the Child’s Right to Access Information and the Restriction Thereof to Protect a Child Against Information Detrimental to the Mental Health and Development of Minors." Family and housing law 1 (January 14, 2021): 27–30. http://dx.doi.org/10.18572/1999-477x-2021-1-27-30.
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The article analyzes the norms of international acts in the field of human rights protection concerning the right to access information. The author of the article hypothesizes that the legal mechanism, which includes measures of coordinated interaction between the family and the state, best contributes to the implementation of measures to protect children from harmful information, combined with the preservation of the child’s right to access information. Within the framework of this direction, the article reveals the legal nature of the child’s right to access information. The article analyzes the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Convention on the Rights of the Child and a number of other international acts in this area. The practice of the ECHR in cases related to the right to freedom of expression has been generalized, which made it possible to determine the legal essence of this right in the context of the provisions of the main international acts on the protection of human rights
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Büchner-Eveleigh, Mariana, and Annelize Nienaber. "Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (2017): 102. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2459.
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Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.
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Devi, Nandini. "Supported Decision-Making and Personal Autonomy for Persons with Intellectual Disabilities: Article 12 of the UN Convention on the Rights of Persons with Disabilities." Journal of Law, Medicine & Ethics 41, no. 4 (2013): 792–806. http://dx.doi.org/10.1111/jlme.12090.
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Making decisions is an important component of everyday living, and issues surrounding autonomy and self-determination are crucial for persons with intellectual disabilities. Adults with intellectual disabilities are characterized by the limitations in their intellectual functioning and in their adaptive behavior, which compromises three skill types (conceptual skills, social skills, and practical skills), and this starts before the age of 18. Though persons with intellectual disabilities are characterized by having these limitations, they are thought to face significant decisionmaking challenges due to their disability. Moving away from this generalization, Article 12 (Equal recognition before the law) of the United Nations (UN) Convention on the Rights of Persons with Disabilities (herewith called “the Convention”) addresses this issue of decision-making for persons with disabilities, recognizing the right to legal capacity.
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Collinson, Jonathan. "Making the best interests of the child a substantive human right at the centre of national level expulsion decisions." Netherlands Quarterly of Human Rights 38, no. 3 (2020): 169–90. http://dx.doi.org/10.1177/0924051920940167.
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The best interests of the child has become an central facet of the jurisprudence of the European Court of Human Rights (ECtHR) in expulsion cases. This article argues that the indirect application of the best interests of the child as an interpretive benchmark for Article 8 ECHR is not the end point of State’s responsibilities under Article 3 UN Convention on the Rights of the Child (UNCRC). This article argues that the ECtHR’s case law presents significant limitations in the subject matter scope of the best interests of the child, and limitations to the way in which it incorporates them into the Article 8 ECHR balancing exercise. This article acts as a thought experiment by modelling an alternative mode of decision-making. It asks what the best interests of the child might look like as the substantive human right at the centre of decisions about the expulsion of foreign nationals.
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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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Bruning, Mariëlle R., and Jaap E. Doek. "Characteristics of an Effective Child Protection System in the European and International Contexts." International Journal on Child Maltreatment: Research, Policy and Practice 4, no. 3 (2021): 231–56. http://dx.doi.org/10.1007/s42448-021-00079-5.
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AbstractIn the European context, an understanding that States are responsible for an effective child protection system is well established. Further, all 47 members of the CoE have adopted the European Convention for the Protection of Human Rights and Fundamental Freedoms, and all European countries have ratified the UN Convention on the Rights of the Child (CRC). Thus, States have come to understand their responsibility in terms of the child’s right to protection. The aim of this article is to explicate core elements of an effective child protection system within a child’s rights framework. This aim is accomplished by highlighting and providing analysis of the principles set forth in the CRC and further elaborated in General Comment No. 13 (2011) and by the UN Children’s Fund (UNICEF), the main components of policies and other relevant documents of the European Union (EU) and the Council of Europe (CoE), and caselaw from the European Court of Human Rights (ECrtHR) and then presenting recommendations for an effective State-run child protection system.
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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 (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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Stein, Jill. "The Prevention of Child Statelessness at Birth: The uncrc Committee’s Role and Potential." International Journal of Children’s Rights 24, no. 3 (2016): 599–623. http://dx.doi.org/10.1163/15718182-02403005.
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This article focuses on the role and potential of the un Committee on the Rights of the Child with regard to the prevention of statelessness at birth by looking to what extent this topic has been addressed and how this can be improved. It discusses what obligations follow from the Convention on the Rights of the Child (crc) with regard to the prevention of statelessness, such as the right to acquire a nationality and birth registration (article 7, crc). In addition, its monitoring framework is assessed, inter alia, by analysing 419 Concluding Observations of the crc Committee. On the basis of identified gaps, it provides several recommendations, including a designed new general comment.
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Henaghan, Mark. "New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child." International Journal of Children’s Rights 28, no. 3 (2020): 588–612. http://dx.doi.org/10.1163/15718182-02803003.
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Abstract Article 5 of the UN Convention on the Rights of the Child recognises the importance of parents and wider family members in ensuring that children are given appropriate directions on their rights in the UN Convention on the Rights of the Child. This paper analyses the wording of Article 5 and four New Zealand case studies to test the possible interpretations of Article 5. The paper builds on the work of Landsdown and Kamchedzera (Landsdown, 2005; Kamchedzera, 2012) who have done previous comprehensive analyses of the ambit and significance of the wording in Article 5. Article 5, like all international instruments, is not designed to provide prescriptive answers to challenging problems where there is a clash of which rights should prevail for children in particular situations. The central theme of this paper is that where there is a clash of a child’s rights, the tiebreaker should be which right in the particular situation will best enhance the unique identity of a particular child. The paper draws on the work of Ronen (Ronen, 2004) which argues that the purpose of a child’s rights framework is so the child can construct their individualised identity which is authentic and real for that particular child. The New Zealand case studies have been chosen to exemplify particular aspects of Article 5 and see how they are played out in particular court settings and whether the outcome enhances or inhibits the child’s opportunity to develop their unique identity.
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Yelamos, Gerard Masdeu, Sarah Carney, Catherine Carty, and Malcom MacLachlan. "A Thematic Analysis of the UN Convention on the Rights of the Child (crc) State Party Reporting Mechanisms Related To Physical Education, Physical Activity and Sport." International Journal of Children’s Rights 29, no. 3 (2021): 765–94. http://dx.doi.org/10.1163/15718182-29030011.
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Abstract The UN Convention on the Rights of the Child (crc) is the most ratified human rights treaty. In this article, three intimately connected concepts will be explored in relation to the framework of the State Party reporting mechanism related to the UN Convention on the Rights of the Child: physical education, physical activity and sport (pepas). A documentary analysis of three key document types from the Treaty Body reporting mechanisms was undertaken, including State Parties Reports (n = 104), List of Issues (n = 126) and Concerns/Observations and Recommendations (n = 797). There was a very low prevalence of the concepts of physical education, physical activity and, to a greater extent, sport, in these three reports. Seven themes emerged after the qualitative analysis: sport programmes, school-based sport, legislation and policies, key agents, interdisciplinary approach, enablers of sport and miscellaneous. Increased questioning of States with regards to their implementation of the right to sport, the issuance of pepas-based recommendations and guidance on how to achieve these rights from the Treaty Bodies would assist in solidifying understanding of sport as a human right and increase the impetus on States to act for pepas provision.
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Nolan, Aoife. "Economic and Social Rights, Budgets and the Convention on the Rights of the Child." International Journal of Children’s Rights 21, no. 2 (2013): 248–77. http://dx.doi.org/10.1163/15718182-02102003.
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Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.
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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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Zabiegaj-Zwick, Caroline, Andrew Brown, Marie-Louise Loos, Stewart Cleeve, Marko Nikoloski, and Arjan Bastiaan Van As. "Mechanisms of childhood injury: A novel approach to the terminology." Global Health Innovation 3, no. 2 (2020): 1–4. http://dx.doi.org/10.15641/ghi.v3i2.971.
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Children have the right to a safe environment and to protection from violence and injury. In addition, state authorities should safeguard the child’s well-being considering the rights and duties of his or her parents, legal guardian, or other legally responsible individuals. Institutions, facilities and services that are responsible for the of children should observe standards of safety, health, staff suitability and competent supervision. This is enshrined in article 3 of the Convention on the Rights of the Child, the most widely ratified convention worldwide with 194 signatory states (Jamal, 2014; United Nations [UN], 1989). The WHO-Lancet Commission report released in February 2020 shows that very few countries have attained the Sustainable Development Goals (SGDs) set out 5 years ago.
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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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Smirnova, E. O., and M. V. Sokolova. "Game support in modern Western culture (through the example of activities of the International Play Association, IPA)." Современная зарубежная психология 5, no. 1 (2016): 24–31. http://dx.doi.org/10.17759/jmfp.2016050103.
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This article discusses the support of children's games, initiated by the International Play Association (IPA). The most prominent political and legislative initiatives of UN Organization is the adoption of general comments and amendments to article 31 of the Convention on the rights of the child, proclaiming the right to play, as well as a list of measures to support the games for educational organizations both in the family and in the city. It describes the spatial projects and object-related conditions for the games brought into practice in Western countries: Adventure playground (APG-), play streets, Scarpstore PlayPod. The article specifies the functions of playwokers called up for supporting the game and also their training.
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De Baere, Geert. "SHALL I BE MOTHER? THE PROHIBITION ON SEX DISCRIMINATION, THE UN DISABILITY CONVENTION, AND THE RIGHT TO SURROGACY LEAVE UNDER EU LAW." Cambridge Law Journal 74, no. 1 (2015): 44–48. http://dx.doi.org/10.1017/s0008197315000239.
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DOES EU law entitle a woman who had her genetic child through surrogacy to paid leave of absence from employment equivalent to maternity leave or adoption leave? That is, in essence, the issue the Court of Justice of the European Union (CJEU) was faced with in Z, C-363/12, EU:C:2014:159 (“Z”), a reference for a preliminary ruling from the Equality Tribunal (Ireland), and in C.D., C-167/12, EU:C:2014:169 (“C.D.”), a reference from the Employment Tribunal, Newcastle upon Tyne (UK). The Opinions in the two cases (by A.G. Wahl, EU:C:2013:604 and A.G. Kokott, EU:C:2013:600, respectively), while reaching opposite conclusions, were both delivered on 26 September 2013, giving the Court the benefit of two well-reasoned analyses on which it could base its deliberations. The judgments of the Grand Chamber, which essentially followed the Opinion of A.G. Wahl, were delivered on 18 March 2014. This note focuses on Z, while referring to C.D. when appropriate.
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Cukalevski, Emily. "Supporting Choice and Control—An Analysis of the Approach Taken to Legal Capacity in Australia’s National Disability Insurance Scheme." Laws 8, no. 2 (2019): 8. http://dx.doi.org/10.3390/laws8020008.
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In mid-2013, the Australian federal government introduced the National Disability Insurance Scheme (NDIS), a ground-breaking reform of disability support services, encapsulated by the mantra of increasing “choice and control”. The scheme provides eligible persons with disabilities a legislated entitlement to supports they may require to increase their independence and social and economic participation. The NDIS has been hailed as a major step forward in Australia’s efforts to realize the human rights of persons with disabilities, in accordance with the UN Convention on the Rights of Persons with Disabilities (CRPD). A core aspect of the CRPD is guaranteeing persons with disabilities their civil and political right to equality before the law, including their right to enjoy legal capacity on an equal basis with others, as provided by Article 12 of the CRPD. The purpose of this paper is to examine how the concept of choice and control has been operationalized within the NDIS and to critically analyze the extent to which it accords with the requirements of Article 12. It will be argued that even though the NDIS expressly seeks to implement the CRPD as one of its key objectives, it ultimately falls short in fully embracing the obligations of Article 12 and the notions of autonomy and personhood underlying it.
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Moinipour, Shabnam. "The Islamic Republic of Iran and children’s right to education: acceptability & adaptability." Human Rights Education Review 4, no. 2 (2021): 26–48. http://dx.doi.org/10.7577/hrer.3930.
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Iran, as a United Nations member state, has made moral and legal commitments to conform to international human rights standards, including the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC), which address the right to education. This article reviews Iran’s commitments to children’s educational rights, drawing on the 4-A scheme developed by the former Special Rapporteur of the UN High Commission for Human Rights on Education, Katarina Tomaševski, whereby education should be available, accessible, acceptable, and adaptable. It examines the State’s obligation to ensure education is acceptable and adaptable. It identifies a number of legal and political reasons why children are unable to claim their educational rights. It calls for substantial educational and societal reform and the prioritisation of the child’s best interests, over those of the State.
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Papadopoulos, Ioannis, and Marijke Van Buggenhout. "Giving voice to migrant children during reception and asylum procedures. Illustrations on the implementation of Art. 12 CRC in Greece and Belgium." Revista Española de Investigación Criminológica 18, no. 2 (2020): 1–23. http://dx.doi.org/10.46381/reic.v18i2.347.
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According to a children’s rights’ approach, asylum-seeking children are entitled to special protection. However, reality dictates that as soon as they enter a host country irregularly, they are often criminalised, thus becoming part of the crimmigration debate and as a result they are further deprived of basic human rights including the right to be heard, as enshrined in the UN Convention on the Rights of the Child. This paper starts from a discussion on the fact that children on the migratory pathway need to be granted a central and active role in research, especially in times when new theoretical concepts in the field of juvenile justice and migration policing are introduced. We continue by delving into both an illustration from Greece and Belgium on how the right of the child to participate and to be heard is applied during reception and asylum procedures. We draw attention to the existing peculiarities of rights-based research methods in immigration studies, whilst arguing for holistic approaches that aim to move beyond the decorative concept of voicing children and towards a positive change concerning asylum processes for migrant minors.
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Tobin, John. "Understanding Children’s Rights: A Vision beyond Vulnerability." Nordic Journal of International Law 84, no. 2 (2015): 155–82. http://dx.doi.org/10.1163/15718107-08402002.
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The idea of children’s vulnerability played a critical role in motivating the adoption of the un Convention on the Rights of a Child, but should vulnerability provide the basis for special human rights for children? Are children especially vulnerable relative to adults? This article seeks to explore the idea of children’s vulnerability in understanding the concept of children’s rights. It argues that vulnerability is not a condition peculiar to children. At the same time it recognizes that children experience special vulnerabilities relative to adults. It is these vulnerabilities that provide a justification for the special rights accorded to them under the Convention. The characterisation of children as vulnerable carries the risk that they will be defined by their vulnerabilities. To address the unintended consequences of a vulnerability paradigm, there is a need to expand the conception of children in a way that recognises their evolving capacities and right to participation.
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Raha, Swagata. "Treatment of Children as Adults under India’s Juvenile Justice (Care and Protection of Children) Act, 2015." International Journal of Children’s Rights 27, no. 4 (2019): 757–95. http://dx.doi.org/10.1163/15718182-02704004.
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This article examines whether international human rights law (ihrl) allows States to make exceptions based on the serious nature of the crime alleged and the age of a child accused of an offence. It specifically analyses the compatibility with ihrl of India’s Juvenile Justice (Care and Protection of Children) Act, 2015, which allows children 16 or above and accused of heinous offences to be tried as adults. The central argument is that trial and punishment of children as adults, for any offence, violates the right to non-discrimination recognised under ihrl as well as the principle of best interest, reintegration objective of juvenile justice and rights of juveniles provided in the UN Convention on Rights of the Child, 1989 and other international instruments.
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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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Manion, Heather Kathleen, and Shelley Jones. "Child Rights Education - Building Capabilities and Empowerment Through Social Constructivism." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 7, no. 1 (2020): 16–48. http://dx.doi.org/10.22215/cjcr.v7i1.2615.
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Children have the right to a voice, to education and to education about their rights, as outlined in Article 12 and Article 29 of the United Nations Convention on the Rights of the Child. Child rights-based education can support children to be empowered with critical agency and exposed to connection to the wider world, better equipping them to become young global citizens and act in ways that demonstrate empathy and commitment to diversity, dignity, and equality. To obtain this goal, education systems must be aligned to foster these attributes and empower children to develop and exercise the capabilities that will best serve them in childhood as well as adulthood. This paper considers how we can support the empowerment and capabilities development of children through child rights-focused education using an integrated framework of empowerment, capabilities (Sen, 1999), and social constructivist (Vgotsky, 1978) education. Building on the foundations laid in the development and evolution of children’s rights, setting out the theoretical underpinnings and drawing on a case study of a rights-based education project, this paper will consider how rights-based education can be feasible and beneficial.
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Vanner, Catherine. "‘We are the Assets of the School’." International Journal of Children’s Rights 22, no. 2 (2014): 339–60. http://dx.doi.org/10.1163/15718182-02202005.
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Children’s participation in decision-making is a universal right as articulated by the un Convention on the Rights of the Child. This right to participation is a central feature of Save the Children’s primary school School Health and Nutrition (shn) project in El Salvador. This article presents the results of a qualitative study that examined the nature and extent of children’s participation in the shn project in three schools. The findings indicate that while a cadre of children elected by their peers are key project leaders, assisted by designated teacher advisors, children’s participation is limited as an instrumental facet of the shn project, in large part because it lacks an explicit rights-based discourse. The paper concludes by arguing that children’s participation can be more meaningful and open to expansion when both students and teachers have a greater understanding of children’s rights.
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Massons-Ribas, Anna, M. Àngels Balsells, and Neus Cortada. "The Participation of Children and Adolescents in the Protection System: The Case of the Spanish Legislation." Social Sciences 10, no. 7 (2021): 268. http://dx.doi.org/10.3390/socsci10070268.
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Children’s right to participation is enshrined in the Convention on the Rights of the Child (CRC), specifically in Article 12; however, the participation of children in the protection system continues to be a challenge. There is a need for a paradigm shift, in which children and adolescents (CA) are considered as active subjects of rights in all areas of their lives, and that means allowing them to participate in decisions that concern them. The study analysed 20 Spanish laws, both national and autonomous, that regulate child protection and the rights of CA in the protection system. It focuses on examining the participation of children in the protection system, divided into its three dimensions: the right to be informed, the right to be heard and the right to be involved. There is complexity in the different regulations. All of them are consistent with the CRC and provide for participation, but not all to the same extent. There is a lack of harmonisation between the legislation of autonomous communities, leading to practical difficulties for the professionals who have to implement the legislation on a daily basis.
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Schneider, Cornelia. "Recognizing and Respecting the Rights of Children with Disabilities in the Classroom." International Journal of Education 8, no. 3 (2016): 1. http://dx.doi.org/10.5296/ije.v8i3.9444.
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<p>The UN Convention on the Rights of the Child was adopted and ratified in 1990 by the UN<br />General Assembly, and signed by most member countries of the United Nations. However, its<br />implementation is slow, complex, and can to-date be considered as incomplete in most<br />countries, particularly as children’s rights often seem to be in contradiction with traditional<br />perceptions of children as dependent, immature and incompetent human beings under their<br />parents’ tutelage. Furthermore, it appears that children’s rights are at risk of colliding with the<br />rights of the family. These issues are even more strongly highlighted when it comes to<br />children with disabilities, as those children often are perceived as vulnerable and incompetent.<br />The UN Convention on the Rights of Persons with Disabilities of 2006 emphasizes the right<br />to full participation based on the social model of disability, including the right to inclusive<br />education for children with disabilities. This article addresses both conventions, the<br />contradictions within but also with each other, which impede the rights of children with<br />disabilities as much as traditional perceptions of childhood do. It will then demonstrate how<br />the recognition of the rights of children with disabilities can be improved by using the<br />frameworks of sociology of childhood (Corsaro, 2015) and the work on relationship building<br />and solidarity by Honneth (1995). Lastly, the article will give examples of how to implement<br />and respect the rights of children with disabilities in schools, by using the example of the<br /><em>Index for Inclusion</em>.</p>
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Saray, R. D., S. S. Kalinyuk, and D. Yu Tymkiv. "Codification of international law: theoretical aspects." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 312–18. http://dx.doi.org/10.24144/2307-3322.2021.63.55.
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The effectiveness of law, as a system of legal norms and principles, largely depends on the level of organization of the latter. The criterion for assessing this condition is the level of systematization of legal norms. International law is no exception in this regard and the systematization of international legal norms directly affects its effectiveness.
 The article is devoted to the analysis of the issue of systematization of international legal acts and norms, the main form of which is their codification. First of all, the definition of systematization of rule norms in international law is revealed. It is determined that at the international legal level the main form of systematization of legal norms is their codification. It has been studied that it is the codification of the norms of international law that makes it possible to achieve the main goal of systematization, namely to adopt a single codified international legal document in order to comprehensively regulate a certain branch of international law.
 Particular attention in the article is paid to the codification functions, which are designed to ensure the integrity of the international legal system, to unify its norms in order to obtain a balanced approach to the legal regulation of the same types of concepts in different legal systems.
 Theorist-legal analysis of the separation in international law of such concepts as codification, incorporation and consolidation is carried out.
 The article also focuses on determining the place and role of the UN Commission on Progressive Development and Codification of International Law. Morewhere, this UN structural unit is essentially the only universal institution right to formally codify international legal norms. And the results of the activities of the UN Commission on International Law are embodied in the adoption of international conventions under the auspices of the United Nations (Convention on the Law of International Treaties, Convention on the Law of the Sea, Convention on Diplomatic Relations, Convention on the Rights of the Child, etc.).
 The article concludes with a brief conclusion, which justifies the importance of further work in the direction of codification of international law.
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Fambasayi, Rongedzayi, and René Koraan. "Intermediaries and the International Obligation to Protect Child Witnesses in South Africa." Potchefstroom Electronic Law Journal 21 (April 16, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2971.
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This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.
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Arce Jiménez, Elena. "El derecho del menor extranjero a ser escuchado y su interés superior en los procedimientos de repatriación | The Right of foreign child to be heard and the best interests of the child in the return process." Cuadernos Electrónicos de Filosofía del Derecho, no. 38 (December 24, 2018): 1. http://dx.doi.org/10.7203/cefd.38.13143.
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Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado.
 Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.
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Syroyid, Tetyana. "International legal standards for ensuring the right of minors deprived of liberty to health." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2020): 32–37. http://dx.doi.org/10.31733/2078-3566-2020-3-32-37.
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The article analyzes the general and special international legal acts in the field of regulation of the right to the highest standard of living (right to health) of minors deprived of liberty, in particular: Declaration of the Rights of the Child, 1924, United Nations Declaration of the Rights of the Child, 1959, International Covenant on Economic, Social and Cultural Rights, 1966, Convention on the Rights of the Child, 1989, United Nations Minimum Standard Rules on the Administration of Juvenile Justice (Beijing Rules), 1985, United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), 1990, UN General Assembly special resolutions on the protection of the rights of the child, including children deprived of their liberty, etc. The emphasis is placed on key problematic aspects of the protection of the right to health of minors deprived of their liberty, in particular: the use of torture and other cruel, inhuman or degrading treatment or punishment; harm to the mental and physical health of children in all situations of imprisonment; the spread of sexually transmitted infections. The article focuses on the special needs of children with disabilities. Given the existing problems of drug use, which contribute to the spread of infectious diseases among the categories of prisoners, cause significant harm to the health of minors, attention is focused on the characteristics of special rules in this area. Given the fact that the emergence and spread of the COVID-19 pandemic has become a modern threat and a challenge to health of population in general, including persons deprived of their liberty, attention is paid to international acts, which set out recommendations to protect this category of persons during the pandemic. Relevant conclusions and recommendations have been made to improve the status of minors deprived of their liberty.
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Montanari Vergallo, Gianluca, and Natale Mario Di Luca. "La spinta verso una legislazione europea comune sul diritto di conoscere le proprie origini genetiche / The push towards common European legislation with respect to the right to know one’s genetic origins." Medicina e Morale 66, no. 6 (2018): 747–61. http://dx.doi.org/10.4081/mem.2017.518.
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A venti anni dalla sua approvazione, la Convenzione di Oviedo necessita di un aggiornamento. Infatti, non affronta la questione del diritto dei bambini nati da fecondazione eterologa di conoscere l’identità dei donatori di gameti. La Corte europea dei diritti dell’uomo ha recentemente stabilito che: a) il diritto di conoscere le proprie origini biologiche è tutelato dall’art. 8 della Convenzione dei diritti dell’uomo; b) tale diritto deve essere bilanciato con quello della madre biologica di rimanere anonima (c.d. parto anonimo). Al fine di trovare tale bilanciamento, una possibile soluzione consiste nel richiedere ai giudici di convocare la madre per chiederle se intende revocare l’anonimato. Se la madre ribadisce la propria originaria intenzione di rimanere sconosciuta, il Tribunale non può consentire al figlio di conoscere la sua identità. Gli autori analizzano anche altre due questioni non prese in considerazione dalla Corte europea: a) l’equilibrio tra il diritto di conoscere le proprie origini e quello dei donator di gamete all’anonimato; b) se tale diritto dei bambini nati da fecondazione eterologa vincoli i genitori legali a rivelargli le modalità del concepimento. Tali problemi e l’importanza degli interessi in gioco inducono gli autori a sostenere che la scelta di usare il citato art. 8 come criterio di giudizio non è affatto ottimale. Appare preferibile affrontare queste questioni attraverso un aggiornamento della Convenzione di Oviedo o comunque con modalità tali da arrivare ad una regolamentazione che sia uniforme all’interno dell’Unione europea. ---------- Twenty years since it was opened for signature, the Oviedo Convention needs updating. It does not deal with the issue of the donor-conceived children’s right to know the identity of the gamete donors. The European Court of Human Rights has recently stated that: a) the right to know one’s biological background is protected by article 8 of the Convention on Human Rights; b) such a right must be balanced with the biological mother’s right to anonymity (anonymous birth). In order to find such balancing, a possible solution might be to require judges to summon mothers to ask them whether they would like to reverse their decision to be anonymous. If the mother reaffirms her intention to remain unknown, the court may not allow the child to learn of her identity and contact her. The authors also analyze two other issues not taken into account by the European Court: a) the balancing between the right to know one’s origins and the gamete donors’ right to anonymity; b) whether the donor-conceived children’s right to know would make it mandatory for legal parents to disclose conception procedures. These problems and the importance of the interests at stake induce the authors to argue that the choice to keep using the above mentioned article 8 as yardstick is far from ideal. It appears to be far preferable to deal with these issues while updating the Oviedo Convention or in such a way as to incentivize the enactment of legislation that would be uniform throughout the European Union.
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Reig Fabado, Isabel. "El traslado ilícito de menores en la Unión Europea: retorno vs violencia familiar o doméstica = International child abduction in the European Union: return of the child vs domestic or family violence." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (2018): 610. http://dx.doi.org/10.20318/cdt.2018.4142.
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Resumen: Cada vez resulta más habitual la concurrencia de violencia doméstica o familiar en los supuestos de sustracción internacional de menores, en los que la retención o el traslado ilícito del menor se utiliza como una vía de alejamiento. El sistema de retorno inmediato del menor del Convenio de la Haya de 1980 prevé esta circunstancia bajo la excepción de grave riesgo del artículo 13.1.b), en un marco regulador poliédrico, que se completa con el Reglamento 2201/2003, Bruselas II bis –para los traslados intracomunitarios– y con las medidas de protección previstas en el Convenio de la Haya de 1996 –entre los Estados parte– y el procedimiento del Capítulo IV bis de la LEC española. Los problemas en la aplicación práctica y la apreciación del interés superior del menor se revelan especialmente polémicos en estos supuestos, sobre todo por lo que respecta a las ejecutorias.Palabras clave: sustracción internacional de menores, violencia doméstica o familiar, retorno seguro, carácter ejecutorio, medidas de protección del menor, derecho de audiencia del menor.Abstract: The occurrence of domestic or family violence in cases of international child abduction is increasingly common, in which the detention or illegal transfer of the child is used as a means of alienation. The system of immediate return of the child of the Hague Convention of 1980 provides for this circumstance with the exception of grave risk of harm of article 13(1)(b), in a polyhedral regulatory framework, which is completed by Regulation 2201/2003, Brussels IIa –for intra-EU cases– and with the protection measures provided for in the Hague Convention of 1996 -between the States Parties- and the procedure of Chapter IV bis of the Spanish Civil Prosecution Law. Problems in the practical application and appreciation of the best interests of the child are particularly controversial in these cases.Keywords: international child abduction, domestic or family violence, safe return, enforceability, child protection measures, right of a child to be heard.
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Howe, R. Brian, and Katherine Covell. "Meeting the Challenge of Populism to Children’s Rights: The Value of Human Rights Education." Journal of Human Rights Practice 13, no. 1 (2021): 45–66. http://dx.doi.org/10.1093/jhuman/huab002.
Full textAbstract:
Abstract This article analyses the rise of the new right-wing, nationalistic, xenophobic, and authoritarian populism as a challenge to children’s human rights. Informed by human needs theory, it situates the new populism in the context of globalization, economic grievances, and cultural resentment and backlash against out-groups. Fuelling the rise in support for populism has been growing existential insecurity combined with a lack of effective education on human rights. The outcome, as shown in countries where populism has come into power, has been a threat and an attack on the human rights of children, as described in the UN Convention on the Rights of the Child. An important means of meeting the challenge of populism, we contend, is comprehensive and robust human rights education in schools, underpinned by education on children’s rights. As called for by the UN Committee on the Rights of the Child, children’s rights education needs to be integrated into school curricula, policies, practices, teaching materials, and teacher training. Models of human rights education in schools are available and studies have shown positive results in promoting knowledge, understanding, and support for human rights. As described by the United Nations, through providing education about, through, and for human rights, the ultimate goal—yet to be realized—is to advance a culture of human rights. Such a culture would serve as a counter to populism.