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Journal articles on the topic 'UN convention of the rights of the child'

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Published: 4 June 2021
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1

Lansdown, Gerison. "UN Convention: Setting New Targets." Adoption & Fostering 16, no. 3 (October 1992): 34–37. http://dx.doi.org/10.1177/030857599201600310.

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Until comparatively recently children in the UK were viewed as the property of their parents. However, the government's ratification of the UN Convention on the Rights of the Child in December 1991 represents a turning point. Gerison Lansdown urges statutory and voluntary organisations to ‘adopt’ the Convention and examine their policies and practice to ensure that children's rights are properly addressed.
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2

Schaaf, Robert W. "Convention on the Rights of the Child." International Journal of Legal Information 20, no. 1 (1992): 57–60. http://dx.doi.org/10.1017/s073112650001091x.

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The Convention on the Rights of the Child adopted by the United Nations General Assembly resolution 44/25 on November 20, 1989 was last reported in this column in the Winter of 1990 (IJLI, v. 18, no. 3). As noted then, the Convention entered into force on September 2, 1990. The initial documentation of the States parties to the Convention and the Committee on the Rights of the Child now provide additional information. These documents carry the words “Convention on the Rights of the Child” on the upper left corner of the cover pages and the new symbol “CRC” on the top of the upper right corner. The first documents noted emanate from the first meeting of the States parties to the Convention which opened at UN headquarters on February 27, 1991. The initial document, a single-page item carrying the symbol CRC/SP/1, dated November 30, 1990, is the provisional agenda of the first meeting.
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3

Lansdown, G., T. Waterston, and D. Baum. "Implementing the UN Convention on the Rights of the Child." BMJ 313, no. 7072 (December 21, 1996): 1565–66. http://dx.doi.org/10.1136/bmj.313.7072.1565.

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4

Broughton, Fiona. "Overstepping the Mark?" International Journal of Children’s Rights 24, no. 4 (December 20, 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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5

Polonko, Karen A., Lucien X. Lombardo, and Ian M. Bolling. "Law Reform, Child Maltreatment and the un Convention on the Rights of the Child." International Journal of Children’s Rights 24, no. 1 (April 19, 2016): 29–64. http://dx.doi.org/10.1163/15718182-02401010.

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Scholars and practitioners stress the need for systematic research on the implementation of the un Convention on the Rights of the Child (crc) and its potential impact on children’s rights. Our study focused on one aspect of implementation – law reform. Drawing primarily on reports to the crc Committee for 179 countries, results show for most countries, implementation is limited and focused far more on child-welfare than child-rights based legislation. The relationship of measures of law reform/legal regime (most notably, the existence of customary law and laws banning corporal punishment) to children’s experience of rights, child physical abuse and mortality, is analysed and theoretically grounded.
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6

Deave, T., E. Towner, MK Baset, M. Brussoni, and P. Pant. "CHILD INJURY PREVENTION AND THE UN CONVENTION ON THE RIGHTS OF THE CHILD." Injury Prevention 18, Suppl 1 (October 2012): A17.1—A17. http://dx.doi.org/10.1136/injuryprev-2012-040580b.8.

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7

Lawrence, Jeanette A., Agnes E. Dodds, Ida Kaplan, and Maria M. Tucci. "The Rights of Refugee Children and the UN Convention on the Rights of the Child." Laws 8, no. 3 (August 31, 2019): 20. http://dx.doi.org/10.3390/laws8030020.

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Refugee children are identified as rights-bearers by the United Nations Convention on the Rights of the Child (CRC), but their rights are not uniformly honored in the policies and practices of contemporary states. How the CRC’s safeguards for refugee children’s rights are honored depends partly on what it means to be ‘a refugee child’ and partly on how the claims of refugee children’s rights are recognized, respected, and implemented in international and national legal and bureaucratic systems. We examine the CRC’s affirmation of the rights of the child and analyze the CRC’s articles in relation to the rights related to the life circumstances of refugee children and state responsibilities. Following an analysis of resistance to the CRC’s mandates by contemporary states, we relate refugee children’s rights to their refugee and developmental experiences and argue for repositioning refugee children into the center of protection dialogue and practice, internationally and nationally.
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8

Polonko, Karen A., and Lucien X. Lombardo. "Non-Governmental Organisations and the un Convention on the Rights of the Child." International Journal of Children’s Rights 23, no. 1 (March 28, 2015): 133–53. http://dx.doi.org/10.1163/15718182-02301006.

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This study seeks to contribute to knowledge of the implementation of the U.N Convention on the Rights of the Child (crc). Focus was restricted to one of eight General Measures of Implementation – involvement of civil society, in particular, non-government organisations (ngos), in the implementation and monitoring of the crc. The study had three aims: (1) to develop initial indicators of ngo involvement; (2) to explore level of ngo activity; and (3) to explore which aspects of ngo involvement might have an effect on extending human rights to children in the most fundamental area of protection from violence. Results indicate that most State Parties (sps) have at least one ngo member and 50 per cent had a National Coalition member in the Child Rights Information Network (crin). Regarding activity, at least one alternative ngo report was submitted to the crc Committee for most sps. Analyses of Concluding Observations indicate that the Committee on the Rights of the Child expressed concerns about most sp’s involvement with ngos and found very few governments encouraging ngos to take a child-rights focus. Overall, few indicators of ngo involvement were related to lower rates of child physical abuse – what appeared most important was having a government that encourages ngos to have a child-rights focus. Reasons for these findings and directions for future research are discussed.
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9

HEIMER, MARIA, and JOAKIM PALME. "Rethinking Child Policy Post-UN Convention on the Rights of the Child: Vulnerable Children's Welfare in Sweden." Journal of Social Policy 45, no. 3 (December 28, 2015): 435–52. http://dx.doi.org/10.1017/s0047279415000744.

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AbstractThe UN Convention on the Rights of the Child (CRC) formulates the rights of children in terms of provision, protection and participation. CRC implies a multi-dimensional view of children's welfare, including agency. This enables us to rethink the way we research and design policies aimed at promoting child welfare. In the past, Sweden has been seen as a forerunner when it comes to children's rights. However, the weak imprint of CRC on Swedish legislation and CRC implementation is not only a puzzle but also this apparent lack of impact makes it an interesting test case for exploring post-CRC policy developments. The purpose of the study is to identify what has prevented the evolution of Swedish social policy in this domain. We propose a framework for analysing policies aimed at promoting children's welfare (child policy) that goes beyond ‘family policy’. This, we argue, is critical for identifying obstacles to such a policy evolution. The framework is normatively anchored in CRC and theoretically inspired by the notion of participatory rights. By examining the legal reform work in Sweden over the past three decades with regard to how children's right to voice is treated in three areas of social service delivery, we observe that the lawmaker recognises parents’ rather than children's participatory rights. The lack of recognition of children's agency implies that a reconceptualisation of child welfare is necessary in order to unlock the stalemate in child policy development in Sweden, as well as to dissolve the tension between children as ‘beings’ and ‘becomings’.
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10

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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11

Hoffman, Simon, and Rebecca Thorburn Stern. "Incorporation of the UN Convention on the Rights of the Child in National Law." International Journal of Children’s Rights 28, no. 1 (March 10, 2020): 133–56. http://dx.doi.org/10.1163/15718182-02801001.

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Incorporation is amongst the legislative measures of implementation of the UN Convention on the Rights of the Child (crc) recommended by the Committee on the Rights of the Child. This article will discuss incorporation of the crc in national law. It will show how incorporation is understood in different contexts, and highlight possible tensions between child rights and international law discourse and analysis. It begins by reviewing literature on incorporation of human rights treaties before discussing how incorporation is conceptualised in the context of the crc. The focus then shifts to a review of studies that provide insights into how incorporation and legal integration of the crc impact on how children’s rights are treated in national legal systems. While primarily a commentary on the available literature, the authors reflect on the significance of incorporation and how this is understood for academic and legal analysis, and what the evidence tells us about its contribution to the realisation of children’s rights.
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12

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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13

Rossa, Elisabeth. "Protection of Children with Disabilities. Correlation of the UN Convention on the Children’s Rights and the UN Convention on the Rights of Disabled Persons." Proceedings of the Institute of State and Law of the RAS 14, no. 4 (October 9, 2019): 157–78. http://dx.doi.org/10.35427/2073-4522-2019-14-4-rossa.

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The UN Convention on child’s rights is not a sole international and legal treaty aimed at enhancing the extent of protection of children at both the international and domestic levels. In particular, the UN Convention on the rights of disabled persons contains prescriptions that are designed to ensure needs of children with disabilities, including the equality of opportunities in the area of education. The elimination of diversified discrimination of children with disabilities in accordance to this Convention should, inter alia, be performed through their dedicated integration into society and school. Whether an exclusively school education contributes to achieving such goal or whether other forms are acceptable too — this is a question requiring qualified discussion. The Convention on the rights of disabled persons permits various options of ensuring full-fledged development of the personality of a child with disabilities within the limits of individual states. It is being discussed in the article whether the provisions of the Convention are compulsory for the member states in each specific case. Besides, the correlation of the Convention on the rights of children and Convention on the rights of disabled persons is under review since it is the only way to identify the specific scope of the guarantees of children’s rights stipulated by the Convention. Regardless the fact that both international and legal treaties are aimed at ensuring the fullest protection of children, there are certain subtle differences in respect of the ways of their enforcement which might eventually appear to be material. The criteria for comparison are, for instance, enforceability of conventional provisions as well as their direct effect in domestic law and order. For Germany, for instance, the practice of the Federal Constitutional Court that repeatedly voiced about interpretation of the Basic Law of Germany in the light of international treaties on human rights.
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14

Hodgkin, Rachel. "Cultural Relativism and the UN Convention on the Rights of the Child." Children & Society 8, no. 4 (December 1994): 296–99. http://dx.doi.org/10.1111/j.1099-0860.1994.tb00431.x.

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15

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 (August 31, 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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16

Federle, Katherine Hunt. "Making Meaningful the Right to Appeal under the Convention on the Rights of the Child." International Journal of Children’s Rights 25, no. 1 (June 20, 2017): 3–23. http://dx.doi.org/10.1163/15718182-02501001.

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The un Convention on the Rights of the Child guarantees every child found to be in violation of the penal law a right to appeal from the finding and measures imposed to a higher and impartial authority or judicial body. Nevertheless, this provision garnered a number of reservations, many of which are still in force. This paper examines not only those countries that still refuse to recognise the right but also examines data suggesting that the right to appeal may be illusory even when no declaration or reservation was made. The paper argues for a change in the requirements for reporting information to the Committee on the Rights of the Child, whilst also making some suggestions to guarantee the right on the national level.
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17

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 (May 22, 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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18

HNATIUK, Tetyana. "Modern International Protection of Children's Rights." European Journal of Law and Public Administration 7, no. 2 (March 12, 2021): 15–23. http://dx.doi.org/10.18662/eljpa/7.2/123.

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Human rights are an inalienable right of everyone from birth. Respect for human rights and freedoms is seen as an indicator of the development of society. The Convention on the Rights of the Child, adopted in 1989 by the UN General Assembly and entered into force a year later, profoundly changed the world treatment of children. Like the Universal Declaration of Human Rights, the Convention formulated something fundamental to human well-being and acted as a watershed and a guide for future generations. According to the provisions of the Convention, the child is an active member of the family, community and society. The announcement of the Global Movement for Children in 1999 marked the beginning of major changes. All over the world, the movement aims to unite all those who believe that children's rights should be a priority. One of the main goals of the movement is to provide a clear understanding that the world's citizens care for children and expect governments to keep their promises.
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19

Cerna, Christina M. "Mendoza et al. v. Argentina (Inter-Am. Ct. H.R.)." International Legal Materials 57, no. 2 (April 2018): 223–319. http://dx.doi.org/10.1017/ilm.2018.12.

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The United States stands alone in its refusal to ratify the UN Convention on the Rights of the Child, a treaty ratified by every other member state of the United Nations, which currently has 196 states parties. Article 37(a) of the UN Convention on the Rights of the Child states: “Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age.”
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20

MYRONOVA, H. A. "Taking into Account the Child’s Own Views in the Field of Medical Care: International Standards and Experience of Ukraine." Medicne pravo 2020, no. 2 (October 18, 2020): 67–75. http://dx.doi.org/10.25040/medicallaw2020.02.067.

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The Convention on the Rights of the Child (UN) outlines the fundamentalrights of the child, which is also the basis for regulating relations in the fieldof care. In particular,States Parties shall assure to the child who is capable of forming his orher own views the right to express those views freely in all matters affectingthe child, the views of the child being given due weight in accordance with theage and maturity of the child.In Ukraine, both legislation and most researchers believe that a clear agerestriction on a child's ability to consent to healthcare is necessary. However,the child's competence to make autonomous informed decisions about medicalintervention is not always directly dependent on age, but is individualized.Therefore, the problem of taking into account the child's opinion when providinghis or her medical care requires public discussion and development of newlegal tools. Key words: The Convention on the Rights of the Child (UN), taking intoaccount the child's thoughts, the child's competence to consent to medicalintervention.
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21

Berger, Iris. "From the Publications Chair." Journal of Childhood Studies 36, no. 2 (December 30, 2011): 54–55. http://dx.doi.org/10.18357/jcs.v36i2.15104.

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On the (Complex) Topic of Chidren's RightsThe Convention on the Rights of the Child sets out the rights that must be realized for children to develop their full potential, free from hunger and want, neglect and abuse. It reflects a new vision of the child. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights (UNICEFF statement regard-ing the UN Convention on the Rights of the Child,http://www.unicef.org/crc/index_protect-ing.html).
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22

Goldhagen, Jeffrey, Andrew Clarke, Peter Dixon, Ana Isabel Guerreiro, Gerison Lansdown, and Ziba Vaghri. "Thirtieth anniversary of the UN Convention on the Rights of the Child: advancing a child rights-based approach to child health and well-being." BMJ Paediatrics Open 4, no. 1 (January 2020): e000589. http://dx.doi.org/10.1136/bmjpo-2019-000589.

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Global challenges to children’s health are rooted in social and environmental determinants. The UN Convention on the Rights of the Child (CRC) articulates the rights required to address these civil-political, social, economic and cultural determinants of child well-being. The principles of child rights—universality, interdependence and accountability—define the tenets of social justice and health equity required to ensure all rights accrue to all children, and the accountability of individuals and organisations (duty-bearers) to ensure these rights are fulfilled. Together, the CRC and child rights principles establish the structure and function of a child rights-based approach (CRBA) to child health and well-being—that provides the strategies and tools to transform child health practice into a rights, justice and equity-based paradigm. The 30th anniversary of the CRC is an opportune time to translate a CRBA to health and well-being into a global practice of paediatrics and child health.
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23

Jupp, Michael. "The UN Convention on the Rights of the Child: An Opportunity for Advocates." Human Rights Quarterly 12, no. 1 (February 1990): 130. http://dx.doi.org/10.2307/762171.

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24

Waterston, Tony. "Applying the UN Convention on the rights of the child in clinical practice." Paediatrics and Child Health 22, no. 9 (September 2012): 393–95. http://dx.doi.org/10.1016/j.paed.2012.04.004.

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25

Santos Pais, Marta, and Susan Bissell. "Overview and implementation of the UN Convention on the Rights of the Child." Lancet 367, no. 9511 (February 2006): 689–90. http://dx.doi.org/10.1016/s0140-6736(06)68267-6.

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26

Korr, Wynne S., Barry J. Fallon, and Donald Brieland. "UN Convention on the Rights of the Child: implications for social work education." International Social Work 37, no. 4 (October 1994): 333–45. http://dx.doi.org/10.1177/002087289403700404.

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27

De Jonge, A. "Australia's Aboriginal youth and the UN Convention on the Rights of the Child." International Journal of Children's Rights 3, no. 1 (1995): 69–85. http://dx.doi.org/10.1163/157181895x00366.

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28

Couzens, Meda. "Romanian Courts and the un Convention on the Rights of the Child: A Case Study." International Journal of Children’s Rights 24, no. 4 (December 20, 2016): 851–87. http://dx.doi.org/10.1163/15718182-02404008.

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Romania has been a party to the un Convention on the Rights of the Child (crc), 1989, since 1990, and since then the crc is directly applicable by the courts and other state bodies. For a long time the country struggled to provide adequate protection for the rights of children. Well-known systemic problems affecting Romanian children were institutionalisation, inter-country adoptions, an inadequate child justice system, poverty, and discrimination, to name but a few. This article examines the application of the crc by the courts, and the impact which this has had on the protection of children’s rights in Romania. The selected constitutional and judicial (i.e. ordinary courts) jurisprudence examined in the article shows that courts have only marginally provided impetus for systemic change, but have, however, contributed to the protection of individual rights. A few potential causes for this state of affairs – divided into factors relating to the justice system in Romania and crc-related factors – are discussed.
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Palmer, Stephanie. "THE “BENEFIT CAP” SCHEME AND THE UN CONVENTION ON THE RIGHTS OF THE CHILD." Cambridge Law Journal 75, no. 1 (March 2016): 34–37. http://dx.doi.org/10.1017/s0008197316000192.

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THE appeal in R. (on the application of SG) (previously JS) v Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening) [2015] UKSC 16 concerned a challenge to the cap on welfare benefits, one of the measures introduced as part of the Government's austerity-driven economic and social policy. The “benefit cap” operates to limit the amount of welfare benefits that can be received by non-working households, to the equivalent net median earnings of a working household. The Welfare Reform Act 2012 contains provisions allowing the Secretary of State to make regulations providing for a “benefit cap” scheme. It is implemented through the Benefit Cap (Housing Benefit) Regulations 2012 and operates by a reduction in housing benefit once a specified maximum amount is reached. Benefits covered by the cap include housing benefit, child benefit, and child tax credit. Once the cap is reached, no account is taken of the number of children in the family. The lawfulness of the Act itself was not challenged. The appellants’ argument was that the implementation of the scheme was discriminatory and contrary to the Human Rights Act 1998.
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30

Tobin, John. "Justifying Children’s Rights." International Journal of Children’s Rights 21, no. 3 (2013): 395–441. http://dx.doi.org/10.1163/15718182-02103004.

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The conceptual foundations of children’s rights remain under theorized. This paper develops a social interest theory of rights to offer a justification for the conception of rights under the UN Convention on the Rights of the Child. It reveals that this conception is capable of producing a culturally sensitive, dynamic, inclusive and relational conception of rights that remedies many of the deficiencies associated with the traditional conception of human rights as being Western, individualistic trumps.
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Egan, Suzanne. "The New Complaints Mechanism for the Convention on the Rights of the Child." International Journal of Children’s Rights 22, no. 1 (2014): 205–25. http://dx.doi.org/10.1163/15718182-55680014.

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The un General Assembly has recently adopted a third Optional Protocol to the crc, providing for an individual complaint mechanism for children. The product of a sustained campaign on the part of ngos and children’s rights advocates, the Protocol achieves a certain parity of esteem for children vis-à-vis complainants under other core un human rights instruments by enabling them to make complaints specifically with respect to rights guaranteed by the Convention and its two substantive protocols. This article examines the terms of this new procedure in the light of its drafting history and explains why the resulting text has in many respects disappointed in terms of delivering a much-hoped for “child-friendly” complaint mechanism for children.
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Brieland, Donald, Wynne Korr, Barry Fallon, and Di Bretherton. "Freedoms, Entitlements, Protections, and Parents’ Rights: an analysis of the UN Convention on Rights of the Child." Children Australia 16, no. 2 (1991): 15–18. http://dx.doi.org/10.1017/s1035077200012402.

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33

Sakr, Naomi. "Children’s access to beneficial information in Arab states: Implementation of Article 17 of the Convention on the Rights of the Child in Egypt, Morocco and the United Arab Emirates." Global Studies of Childhood 6, no. 4 (November 7, 2016): 376–87. http://dx.doi.org/10.1177/2043610616676029.

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In theory, the multiple platforms and transnational nature of digital media, along with a related proliferation of diverse forms of content, make it easier for children’s right to access socially and culturally beneficial information and material to be realised, as required by Article 17 of the UN Convention on the Rights of the Child. Drawing on data collected during research on children’s screen content in the Arab world, combined with scrutiny of documents collated by the Committee on the Rights of the Child, which monitors compliance with the Convention on the Rights of the Child, this article explores how three Arab countries, Egypt, Morocco and the United Arab Emirates, presented their efforts to implement Article 17 as part of their periodic reporting on their overall performance in putting the Convention on the Rights of the Child into effect. It uncovers tensions over the relationship between provision, participation and protection in relation to media, reveals that Article 17 is liable to get less attention than it deserves in contexts where governments keep a tight grip on media and that, by appearing to give it a lower priority, all parties neglect the interdependence of human rights in relation to media and children.
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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 (August 24, 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 (August 17, 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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Hristozova, Mariya. "CHILDREN'S RIGHT TO HEALTH IN THE ACTS OF THE UNITED NATIONS ORGANIZATION." Knowledge International Journal 28, no. 6 (December 10, 2018): 2051–55. http://dx.doi.org/10.35120/kij28062051m.

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One of the most vulnerable people in every society is children who, due to their physical, emotional, psychological and social immaturity, can not protect their fundamental rights and freedoms themselves and need increased support from the international community and national authorities. In view of these objective circumstances, in the system of the United Nations has adopted a number of legal acts which lay down minimum international standards for the protection of children's righThe most important and comprehensive international treaty for the protection of children 's rights is the 1989 United Nations Convention on the Rights of the Child. This Act proclaims a number of civil, economic, social and cultural rights for children who should be protected in all legal systems, such as: the right to education, the right to social security, the right to a standard of living appropriate to the physical, mental, social development of the child and other rights.Article 24 of the UN Convention also sets out the right of every child to enjoy "the highest attainable standard of health and health services to treat illness and restore his health." The right of children to health includes in its content, separate, autonomous rights and freedoms, such as the right to access quality medical care and remedies for illness and health rehabilitation, the right to control one's own health and body and others.In fulfillment of their obligations under the UN Convention on the Rights of the Child, States have an obligation to take comprehensive measures to ensure the fundamental human rights enshrined in the international treaty, including children's health, such as legislative, administrative, economic and other measures.However, the adoption of an appropriate legal framework is not sufficient to ensure effective protection of children's health. That right falls under the category of social rights, the full exercise of which requires active cooperation from the States. Today in a number of reports by international organizations is stated that many countries do not have sufficient financial resources to ensure the practical implementation of their obligations under international treaties, which creates a real risk to the children's right to health and for all their fundamental rights. In view of these disturbing data, further steps need to be taken to strengthen and guarantee all children's fundamental rights, especially their right to health, both at international and national level.
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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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White, Linda A. "Understanding Canada’s Lack of Progress in Implementing the un Convention on the Rights of the Child." International Journal of Children’s Rights 22, no. 1 (2014): 164–88. http://dx.doi.org/10.1163/15718182-02201002.

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This article reviews the un Committee on the Rights of the Child’s 2012 concluding observations regarding Canada’s progress in implementing the un Convention on the Rights of the Child. It examines the un Committee’s criticisms about the pace of Canada’s progress, and examines in particular the Committee’s claim that the main problems in implementing the Convention are intergovernmental. It concurs with the Committee’s diagnosis of the problem as one of coordination, which manifests particularly in areas of law and policy where provincial governments maintain jurisdictional authority but the federal government maintains the greater fiscal levers. The article analyses the possibilities of resolving these children’s rights and public policy challenges, drawing on two illustrative cases: efforts to expand early childhood education programmes in Canada and efforts to improve Aboriginal education, particularly on reserves.
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Liefaard, Ton. "Access to Justice for Children: Towards a Specific Research and Implementation Agenda." International Journal of Children’s Rights 27, no. 2 (May 10, 2019): 195–227. http://dx.doi.org/10.1163/15718182-02702002.

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Although the UN Convention on the Rights of the Child recognises procedural rights of the child in addition to substantive rights, it is rather silent on the fundamental right to an effective remedy. The concept of access to justice for children has nevertheless emerged in the past decades and manifested itself firmly in the international human rights and sustainable development agendas. Access to justice is grounded in the right of the child to seek remedies in case of (alleged) rights violations. It implies legal empowerment of children and access to justice mechanisms and remedies that are child-sensitive. So far, access to justice, with a specific focus on children, lacks careful consideration, conceptualisation and contextualisation in academic research and writing. This contribution explores the meaning of access to justice for children, as a right and procedural concept, and paves the way for the development of a more specific research and implementation agenda.
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40

Howe, Brian. "Children's Rights as Crime Prevention." International Journal of Children's Rights 16, no. 4 (2008): 457–74. http://dx.doi.org/10.1163/157181808x303519.

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AbstractThe purpose of this article is to examine the linkage between implementing the rights of children, as described in the UN Convention on the Rights of the Child, and preventing youth crime. Using Canada as a case study and comparing jurisdictions in Canada where youth crime rates are relatively low and high, the article concludes that efforts at crime prevention are more successful where child and family policies in support of children's rights are stronger. What this illustrates is the importance of implementing children's rights as means of preventing crime.
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Jeria, Michelle Bachelet, and Helia Molina Milman. "Celebrating the 30th anniversary of the UN Convention on the Rights of the Child." Lancet Child & Adolescent Health 4, no. 1 (January 2020): 8–9. http://dx.doi.org/10.1016/s2352-4642(19)30331-1.

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42

Buck, Alice E. "Seminars on the need for the UN convention on the rights of the child." Medicine and War 5, no. 2 (April 1989): 107–13. http://dx.doi.org/10.1080/07488008908408853.

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43

Osler, Audrey. "The UN Convention on the Rights of the Child: some implications for teacher education." Educational Review 46, no. 2 (January 1994): 141–50. http://dx.doi.org/10.1080/0013191940460204.

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44

Alderson, Priscilla. "UN Convention on the Rights of the Child: some common criticisms and suggested responses." Child Abuse Review 9, no. 6 (2000): 439–43. http://dx.doi.org/10.1002/1099-0852(200011/12)9:6<439::aid-car657>3.0.co;2-v.

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45

Smyth, Ciara. "The Best Interests of the Child in the Expulsion and First-entry Jurisprudence of the European Court of Human Rights: How Principled is the Court’s Use of the Principle?" European Journal of Migration and Law 17, no. 1 (March 16, 2015): 70–103. http://dx.doi.org/10.1163/15718166-12342072.

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The principle of the best interests of the child is regularly referred to by the European Court of Human Rights in its jurisprudence involving children. However, the principle is notoriously problematic, and nowhere more so than in the immigration context where the state’s sovereign interests are keenly at stake. This article critically examines the expulsion and first-entry jurisprudence of the European Court of Human Rights under Article 8 of the European Convention on Human Rights, interrogating whether a ‘principled’ approach is adopted to the best interests principle. It is argued that a principled approach is one which sees the best interests principle interpreted in the light of its parent document, the un Convention on the Rights of the Child, as interpreted by the un Committee on the Rights of the Child. It is demonstrated that despite widespread recourse to the best interests principle, the European Court of Human Rights fails to adopt a rights-based approach when identifying the best interests of the child and does not always give sufficient weight to the best interests of the child when balancing the interests of the state against those of the individual. The analysis also reveals a way for the Court to develop a more principled approach to the best interests principle.
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46

Medvedeva, T. A. "UN Convention on the rights of the child thirty years later: achievements and challenges (case of Latin America)." Cuadernos Iberoamericanos, no. 3 (September 28, 2019): 38–41. http://dx.doi.org/10.46272/2409-3416-2019-3-38-41.

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The paper examines the socio-economic situation of children and adolescents inLatin Americaand the dynamics of its change in the light of the adoption of the UN Convention on the rights of the child in 1989. The main directions of state policy for the protection of children’s rights are analyzed taking into account the specific features of the regional situation and in the context of the principles underlying the concept of sustainable development. The main attention is paid to the analysis of the formation of new state mechanisms, the so called comprehensive system of protection of children and adolescents, as well as methods of ensuring their social rights and programs aimed at combating child poverty-an acute problem in the field of rights.
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47

Poveda, David, Viviana Gómez, and Claudia Messina. "Children's Rights and Education in Argentina, Chile and Spain." education policy analysis archives 7 (October 12, 1999): 31. http://dx.doi.org/10.14507/epaa.v7n31.1999.

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This article is a first attempt to relate the UN Convention on the Rights of the Child to education policy. It compares three countries, Argentina, Chile and Spain in an attempt to both present particular problems that are of pressing concern in each and to propose a framework that might reveal some possible obstacles to the implementation of children's rights. The article is divided into three sections. In the first section, a comparative review of the formal dispositions and legislative changes in the three countries is presented. Some of the most notable contrasts are briefly contextualized in the history of each nation-state. In the second section, particular problems in each nation are reassessed through the lens of the Convention. Three cases are examined: in Argentina, the funding and organization of public compulsory education; in Chile, an instance of international cooperation in education; in Spain, the relations between public and private education and ethnic segregation. Finally, a general framework is discussed using these three cases as examples.
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48

Turner, J. Neville. "Schoolchildren's Perception of Their Rights: A Pilot Study." Children Australia 18, no. 4 (1993): 28–37. http://dx.doi.org/10.1017/s1035077200003709.

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The UN Convention on the Rights of the Child was ratified by Australia in December 1990. The Convention contains 55 articles, 41 of which are substantive, the others being procedural.The Convention has been analysed in legal and other literature in Australia. Its ratification was actively promoted by the National Children's Bureau of Australia and other bodies. Its implementation is the primary responsibility of the Federal and State governments. Periodic reports are required to be made to a Committee of the United Nations established for this purpose. It is foreseen that non-government organisations in each ratifying country will be invited to comment on the performance of their country. This surely means that the NCHA has a role in monitoring the implementation of the Convention.
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Khadka, Suman. "Social rights and the United Nations – Child Rights Convention (UN-CRC): Is the CRC a help or hindrance for developing universal and egalitarian social policies for children’s wellbeing in the ‘developing world’?" International Journal of Children’s Rights 21, no. 4 (2013): 616–28. http://dx.doi.org/10.1163/15718182-55680016.

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Children’s social policies, which are crucial for attaining social rights and welfare/wellbeing, are influenced by the Child Rights Convention (CRC). However, despite the CRC becoming the unilateral framework for interpreting child wellbeing, its inherent complexities and the persistent deprivations experienced by children in ‘developing’ countries calls for alternate approaches while formulating children’s social policies. Key limitations of the CRC include inappropriate prioritisation of rights when resources are limited or when rights conflict, the apolitical nature of the Convention itself and its failure to integrate into wellbeing analysis the existence of two different welfare states/or lack of it in the world. Despite the usefulness of ‘welfare state frameworks’ in combating absolute child poverty in the West, it is rarely applied in the South. This article analyses CRC from the political economy perspective focusing on social rights and the ‘developing’ world which offers a useful critique to the mainstream child rights discourse.
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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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