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Journal articles on the topic 'The UN convention on the right of the child article 12'

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Published: 4 June 2021

Last updated: 7 February 2022

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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 des

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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 adult

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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 rea

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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 ascerta

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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

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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 pe

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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 chi

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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

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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

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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 bes

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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

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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 ch

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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 abort

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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 voi

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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 Con

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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 inter

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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

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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

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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 challeng

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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

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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 Netherla

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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. Th

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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 art

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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

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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 a

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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

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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

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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

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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,

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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 t

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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-), pla

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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 rea

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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 wi

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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,

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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 theore

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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

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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 int

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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 c

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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 i

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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

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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 collidin

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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 l

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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)

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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 r

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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 Delinquenc

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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 c

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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

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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.

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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

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