Dissertations / Theses: 'United Nations Convention on the Rights of the Child (CRC)'

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Mollica, Caitlin. "Interpreting Youth Representation in Transitional Justice." Thesis, Griffith University, 2018. http://hdl.handle.net/10072/380576.

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The political agency of young people has been increasingly acknowledged within the practice and scholarship on peace and conflict. Recognition that young people have agency denotes a normative shift in the beliefs of the international community with respect to the capacity and position of young people in conflict. This is significant as these beliefs about young people in conflict inform their interactions during post conflict reconstruction. Since the almost unanimous ratification of the United Nations Convention on the Rights of the Child (CRC), post conflict practices have sought to recognise the active and influential role of young people in conflict and transitional justice. The voices of child soldiers, in particular, occupy a prominent place in the development of post conflict practices as states aim to employ mechanisms that are more inclusive and representative of a diverse range of experiences. These developments in practice, which derived from shifts in the beliefs of stakeholders with respect to the impact of conflict on children, have resulted in increased focus on their needs and experiences within international relations scholarship. The distinct voices of youth however, despite a few notable exceptions in the peacebuilding scholarship, remain largely excluded from the discussion, particularly in the transitional justice field. The same is true within the practice of transitional justice, as an overreliance on the CRC has produced conditions where the distinct agency of youth is either misrepresented or overlooked. One of the most significant challenges facing contemporary transitional justice practices, therefore, is how to reconcile the dilemma that has emerged between normative and external representations of youth and the distinct stories told by youth about their experiences. Where truth and reconciliation processes are concerned, growing acceptance amongst the international community and in transitional states of the importance of reflecting the diverse and unique stories and beliefs of youth presents a unique challenge, particularly in the reporting stage. The widely-held belief that Truth and Reconciliation Commission (TRC) processes are inclusive and representative of voices traditionally excluded from retributive approaches to transitional justice is often tested by the meaningful engagement of youth. Indeed, the broader focus on political reconciliation in TRCs, which prioritises community reconciliation over the restoration of interpersonal relationships, produces a framework for the development of conflict narratives that silences youth whose stories do not fit expectations and beliefs of how young people should experience conflict and participate in transitional justice. While youth are increasingly active participants in the TRC processes of transitional states, their voices continue to be silenced in favour of more conventional beliefs about young people. This is evident in the final reports of TRCs, which demonstrate the persistence of broad, generalised assumptions and binary depictions in their representations of the conflict experiences of young people. In doing so, the reporting stages of TRCs perpetuate conditions that deny youth agency and ownership over their conflict stories. Drawing on the cases of South Africa, Sierra Leone and the Solomon Islands, my thesis examines how TRCs have engaged with youth and represented their stories. I argue that despite significant developments in the visibility of youth in TRC processes, a tension persists between external beliefs about youth and the self-reflections of youth. This tension is problematic as it produces a dilemma for states engaged in the process of reconciliation, particularly those attempting to create a formal record of conflict. I suggest that how youth are represented in the institutional mechanisms of transitional justice has a significant impact on our capacity to understand their experiences of conflict and to adequately address their post-conflict needs. This has implications for how we engage with marginalised stakeholder’s more broadly in reconciliation processes, as it demonstrates the importance of meaningful engagement and interpersonal reconciliation.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Govt & Int Relations
Griffith Business School
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Cardamone, Nicole. "A Promising Approach: The United Nations Convention on the Rights of the Child as an Instrument to Combat Child Poverty in the United States." Thesis, Boston College, 2011. http://hdl.handle.net/2345/2015.

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Thesis advisor: M. Brinton Lykes
Most recent figures indicate that approximately one in five children in the United States is poor (Children’s Defense Fund, 2010; Moore et al., 2009). Thus, the United States ranks considerably below other Northern Hemisphere nations in indices of both child poverty and child well-being (Rainwater & Smeeding, 2003; UNICEF, 2007). Moreover, while the United States has not ratified the United Nations Convention on the Rights of the Child (CRC), this treaty has been central in reframing policy and practices towards reducing child poverty in some other Northern Hemisphere nations. Many authors and activists have suggested that US nonratification of this Convention is based on “American exceptionalism.” This paper examines these claims – and counterclaims – and explores, through comparisons with several other Northern Hemisphere nations, how the Convention on the Rights of the Child, if ratified and implemented through US policy and practice, could play a significant part in tackling child poverty in this nation
Thesis (BA) — Boston College, 2011
Submitted to: Boston College. College of Arts and Sciences
Discipline: International Studies Honors Program
Discipline: International Studies

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Gerber, Paula. "From convention to classroom : the long road to human rights education /." Connect to thesis, 2008. http://eprints.unimelb.edu.au/archive/00003989.

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Wakatama, Markim. "The situation of street children in Zimbabwe : a violation of the United Nations Convention on the Rights of the Child (1989)." Thesis, University of Leicester, 2009. http://hdl.handle.net/2381/7449.

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This study investigated the situation of street children in Zimbabwe with reference to the United Nations Convention on the Rights of the Child (1989). It examined the services that have been provided to meet street children’s needs and safeguard their rights. There is a dearth of literature focusing on street children in Zimbabwe. The available literature is descriptive; it contributes very little towards understanding of the problem and needs of street children. It does not provide a useful framework for formulating policy and designing interventions or practices with the children. Models being used by some non-governmental organizations derive mainly from studies conducted in Latin America and other developing countries like India, Kenya and South Africa. This study draws, mainly on literature from Latin America and other studies outside of Zimbabwe. Quantitative and qualitative data were gathered from street children and service providers, using a triangulation of methods. Ethnography was particularly useful as it allowed the project to adopt a child-centered approach. Interviews and group discussions were conducted with service providers. Documents from non-governmental organizations helped to understand their work with the street children. A breakdown of the extended family unit, poverty, HIV/AIDS, corruption and land reform have hindered the protection of children’s rights as prescribed by the United Nations Convention on the Rights of the Child. Zimbabwe has no mechanisms in place to enforce them. Although a range of difficulties plague projects for street children, some projects have succeeded in improving the well-being of some street children. Zimbabwe is violating the United Nations Convention on the Rights of the Child. It should seriously and urgently consider re-deploying its ‘welfare’ departments into ‘development ‘departments for it to realize the rights of street children.

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Mohammed, Nishitiman. "A comparative analysis of how the rights of children as set out in the United Nations Convention on the Rights of the Child are made effective through their implementation in Kurdistan/Iraq and the United Kingdom." Thesis, University of Plymouth, 2013. http://hdl.handle.net/10026.1/1569.

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The United Nations Convention on the Rights of the Child was unanimously adopted in 1989. It was hoped that the Convention would have a positive impact on all children however, despite a country ratifying the Convention and proclaiming to have laws in the interests of children it is still possible for that country to fail in the attempt to implement children’s rights effectively. This can clearly be seen in Kurdistan, Iraq where implementation of children’s rights remains limited. With the continuing violence in Iraq, children’s rights have been somewhat neglected and as with many such situations children are the innocent victims. Ensuring and improving the rights of the next generation of Iraq is vitally important at a time when the country is going through important changes and re-generation. This thesis gives information on the historical background of the UNCRC and looks at its substantive provisions in detail, it then goes on to compare the implementation of children’s rights in Kurdistan and the UK. The thesis highlights methods of implementation in both countries and looks at ways in which some of the Convention’s articles are written into law. The thesis concludes with recommendations on how Kurdistan can move forward to achieve better implementation of children’s rights.

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Masalcha, Jennifer Fatin. "Advocating the Incorporation of the United Nations Convention on the Rights of the Child into Swedish law : Which frames do Swedish advocates use?" Thesis, Högskolan Väst, Institutionen för ekonomi och it, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hv:diva-5400.

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This study examines what frames the Swedish Lev Upp till Barnkonventionen campaign use, and whether the frames are in accordance to the frames suggested by Keck and Sikkink in their award-winning book Activists Beyond Borders. The Swedish Lev Upp till Barnkonventionen campaign is the only campaign in Sweden that aims to promote the implementation of the United Nations Convention on the Rights of the Child into Swedish law. It started in 2009 as a network driven by 7 organizations, UNICEF, BRIS, World Childhood Foundation, Swedish Save the Children (Rädda Barnen), ECPAT, Plan Sverige and SOS-Barnbyar, together with the Swedish Children‟s Ombudsman (Barnombudsman). An ideational analysis of the texts, that the campaign uses to appeal to society and persuade, shows that four frames are frequently used within the campaign. Two of the frames are in accordance with the proposed frames, being "bodily harm to innocent and vulnerable people" and "legal inequality". The other two frames set the problem to be poverty/economic vulnerability or psychological harm. Although, all four frames identified follow the three parts a frame should include according to Keck and Sikkink – a problem, a cause with a short causal chain and a specific type of action to solve the problem. This study has contributed with another case study to the limited amount of cases that study how international norms are framed in national contexts. Furthermore, this study has discovered that Sweden, although is using other frames too, use the frames that Keck and Sikkink have proposed.

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Johnny, Leanne. "Children's right to participate in education: ethical and legal implications of the United Nations convention on the rights of the child for Canadian schools." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=114195.

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On November 20, 1989, the United Nations General Assembly adopted the United Nations Convention on the Rights of the Child. As a signatory to the Convention, Canada has pledged to uphold the rights of children in all its public institutions, including schools. One of the guiding principles embodied in the Convention, age-appropriate participation, holds that young people have the right to be heard in matters affecting them and to have their views taken into account according to their age and level of maturity (article 12). This dissertation examines what legal and ethical implications this principle has for the Canadian education system. For instance, is the inclusion of children in educational decision-making consistent with desirable educational outcomes? Moreover, what legal obligations do schools possess when it comes to implementing the right to participate? Likewise, does our legislative framework in education support the right for children to participate and be heard in decisions affecting them? Drawing upon insights from the philosophy of education, this dissertation argues that not only is the right to participate theoretically grounded in the aim of promoting children's future capacity for autonomy, but also that upholding this right in education is an important means for ensuring that the education they receive will not impede their future autonomy (i.e. as adults and citizens), but will instead facilitate its growth and expansion. Unfortunately, the right for children to participate has not been adequately protected within education legislation. In addition, while there has been some judicial support for the view of children as citizens with rights to be heard, legal directives are often not applied in schools. As a result, despite Canada's commitment to the Convention, the realization of the right for children to participate and be heard in matters affecting them still remains haphazard and inconsistent in the education system.
Le 20 novembre 1989, l'assemblée générale des Nations Unies adopta la convention des Nations Unies sur les droits de l'enfant. En tant que signataire de la convention, le Canada s'est engagé à faire respecter les droits des enfants dans toutes les institutions publiques, y compris les écoles. L'un des principes directeurs renfermés dans la convention, la participation en égard à l'âge, maintient que les jeunes ont le droit d'être entendus dans les affaires les concernant et d'avoir leurs opinions prises en considération, en égard à leur âge et leur degré de maturité (article 12). Cette thèse examine les implications légales et éthiques qu'a ce principe pour le système d'éducation canadien. Par exemple, l'inclusion des enfants dans la prise de décision en éducation est-elle compatible avec des résultats éducationnels souhaitables? De plus, quelles obligations légales les écoles ont-elles lorsqu'il s'agit d'instaurer le droit de participer? De même, notre cadre législatif en éducation protège-t-il le droit des enfants de participer et d'être entendus en relation avec les décisions les concernant? Nous inspirant des idées de la philosophie de l'éducation, cette thèse argumente que non seulement le droit de participer est théoriquement ancré dans l'objectif de promouvoir la capacité future d'autonomie des enfants mais aussi que le respect de ce droit en éducation est un moyen important d'assurer que l'éducation qu'ils reçoivent ne nuira pas à leur autonomie future (en tant qu'adultes et citoyens) mais encouragera au contraire sa croissance et son expansion. Malheureusement, le droit des enfants de participer n'a pas été adéquatement protégé dans la législation relative à l'éducation. De plus, bien qu'il y ait eu un appui judiciaire en faveur de l'opinion des enfants comme citoyens ayant des droits d'être entendus, des directives légales sont peu souvent mises en pratique dans les écoles. Conséquemment, malgré l'engagement du Canada envers la convention, la réalisation du droit des enfants de participer et d'être entendus dans les affaires les concernant demeure fortuite et inconsistante dans le système éducationnel.

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Svensson, Jennie. "The implementation of children's rights - working with working children in Somoto Nicaragua." Thesis, Malmö högskola, Fakulteten för hälsa och samhälle (HS), 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-27071.

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The United Nations' Convention on the rights of the child presents a legislative framework that nations worldwide through their ratification have promised to aim for. Going from theory to practice this field study intends to investigate how the work to implement the children’s rights is carried out in reality by social institutions in Somoto Nicaragua. This essay specifically looks at how a children’s rights approach is performed in the work with working children and will therefore focus on two rights that protrude as relevant to the target group; the right to education and the right to be protected from hazardous work and economic exploitation. Furthermore, this paper considers existent criticism towards the human rights conventions for being Eurocentric in its visions and not always applicable to local conditions. Therefore the perception of working children locally in Nicaragua is examined to see how well this is in accordance with the legislation on children’s rights or if the social institutions have met difficulties in the implementation. Fundamental in the work carried out by the social institutions has been to raise awareness in the society on the children’s rights. The conclusion is that attitudes to working children have gone through a change since the introduction of a children’s rights approach in Somoto, but what remains the major obstacle to implementation is the restricted access to economic resources.

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Le, Borgne Carine Hélène Marie-Thérèse. "Implementing children's participation at the community level : the practices of non-governmental organisations." Thesis, University of Edinburgh, 2016. http://hdl.handle.net/1842/25508.

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Article 12 of the UN Convention on the Rights of the Child recognised children’s human right to participate in decisions that affect them. Yet, twenty-five years after ratification, children’s participation remains frequently problematic in practice. This thesis examines the practice of NGOs that have been implementing children’s participation at the community level for more than ten years in two specific settings: Tamil Nadu (in south India) and Scotland (UK). The thesis is an explorative study; it examines the findings through two case studies (one in each country). Each case study involved observations/informal discussions and semi-structured interviews with children and staff members from the NGOs. Relevant documents were obtained and scrutinised. The analysis of the empirical data uses three concepts: competencies, child-adult relationships and influence to illuminate and analyse the implementation of children’s participation within the two case studies. Firstly, the empirical analysis highlights that children within children’s participation projects acquired knowledge and skills and then applied them in particular situations within the participation projects (personal and social competencies). Nevertheless, the two case studies showed that adults’ crucial role in legitimising children’s competencies can either facilitate or block children’s participation. Secondly, the child-staff/adults’ relationships were not enough to be considered as the hierarchy within the organisation’s social order was needed to be analysed to have ‘successful’ participation projects. Thirdly, Lundy (2007) provides a model for how adults can be more accountable to children and enhance children’s influence over decision-making in their communities, but some missing elements can undermine the extent to which children’s views are appropriately acted upon. Based on a modification of Lundy’s model, this thesis proposes a tripartite collaborative and intergenerational framework involving the relationships between children and adults in power facilitated by staff members. The thesis contributes to debates about children’s participation by arguing that implementing children’s participation requires a relational and contextual focus on collaboration and intergenerational dialogue. The thesis makes recommendations for practitioners and decision-makers on how to deploy Lundy’s modified perspective to implement children’s constructive participation at the local level.

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Danovska, Ketija. "Vaccination Hesitancy Among Parents in Stockholm, Sweden : A qualitative study examining the effect of the incorporation of the “United Nations Convention on the Rights of the Child” into Swedish Law in 2020." Thesis, Södertörns högskola, Miljövetenskap, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-43153.

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Background: On 1 January 2020, the UNCRC was incorporated into the Swedish national law. The Convention argues that all children have the right to health, life, survival and development. The Articles of the UNCRC require higher authorities, health facilities and parents to act in the best interest of children, and to do everything to secure children’s rights. Interpreting the Convention, it is possible to conclude that all children have the right to safe and effective vaccines. Even though vaccines are accessible and free of charge to all children in Sweden, vaccination coverage for multiple vaccine-preventable diseases in Sweden has dropped. As one of the reasons for this drop in vaccination coverage is proposed vaccination hesitancy. To fulfil children’s rights as proposed in the UNCRC, vaccination hesitancy needs to be understood and addressed. Aim: The objective of the study is to understand causes of vaccination hesitancy among parents living in Stockholm, Sweden and to examine how healthcare professionals in Stockholm County are working to eliminate vaccination hesitancy, in goal to promote children’s rights to health, life, survival and development after the UNCRC became a Swedish law on 1 January 2020. Additionally, to analyze if strategies applied by Stockholm County are truly addressing identified causes of vaccination hesitancy among parents living in Stockholm, Sweden and in that way increasing vaccination rates this year. Method: This study used a qualitative research strategy. Vaccination hesitancy in Sweden was studied using 20 semi-structured interviews with parents living in Stockholm, while effect of the UNCRC incorporation into Swedish law on vaccination hesitancy was studied using a semi-structured interview with one health professional working in Stockholm County. The gathered data was summarized, categorized and analyzed according to the proposed themes of two theories. The theoretical framework consisted of the Health Belief Model and Social-Ecological Model. Conclusion: It was possible to conclude that the choice of immunization among parents is shaped by; 1) sources and type of the received information on vaccines, vaccination and vaccine-preventable diseases included in the general Swedish child vaccination program, 2) their views on vaccine quality, safety, effectiveness and necessity for satisfying children’s rights to health, life, survival and development, 3) the level of knowledge of epidemiological concepts, mechanisms, infectious diseases and vaccines included in the vaccination program, and 4) the level of trust in the Swedish Government and healthcare, and belief if they are acting in the best interest of children. After the UNCRC incorporation into Swedish law, there have not been observed any changes in the strategic work of Stockholm County against vaccination hesitancy. For the past ten years, they are applying methods at the individual- and interpersonal level, which are not quite reaching vaccine hesitant parents living in Stockholm. Other methods at the community- and public policy level are needed. Due to unclear implications of the UNCRC entrance as a national law and COVID-19 pandemic, it is not possible to estimate if there are any changes in the vaccination rates this year.

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Balsiūnaitė, Ernesta. "Ar teisinė vaiko apsauga nuo smurto Lietuvoje,- užtikrina JT keliamus tikslus dėl fizinių bausmių uždraudimo?" Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140619_163422-86029.

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Darbe analizuojami skirtumai tarp Lietuvos vaiko apsaugos teisės aktų ir Jungtinių Tautų vaiko teisių konvencijos nuostatų bei keliamas klausimas, ar Lietuvos teisinė vaiko apsauga nuo smurto užtikrina Jungtinių Tautų keliamus tikslus dėl fizinių bausmių draudimo. Išnagrinėtos fizinio smurto rūšys bei formos nacionaliniu ir tarptautiniu lygmeniu. Atlikta Jungtinių Tautų vaiko teisių konvencijos, Europos žmogaus teisių konvencijos, Jungtinių Tautų vaiko teisių komiteto rekomendacijų nuostatų analizės. Nustatytas fizinės bausmės ir fizinio smurto teisinis santykis. Magistro darbe taip pat atskleista, ar fizinių bausmių reglamentavimas nepažeidžia privataus šeimos gyvenimo teisės. Pateikiama teisinės vaiko apsaugos problematika Lietuvoje. Aptariamas baudžiamasis ir administracinis teisinis vertinimas. Problemos sprendimui pagrįsti išnagrinėta Lietuvos teismų praktika. Darbo pabaigoje pateikiamos rekomendacijos dėl fizinių bausmių draudimo reglamentavimo Lietuvoje.
Having analysed the differences between the child protection legislation in Lithuania and the United Nations Child Rights Convention, in the paper it has been revealed that Lithuania does not implement the objectives set by the United Nations on banning of corporal punishment. The study has revealed that in the national domestic law Lithuania has not banned corporal punishment by law. The concept of corporal punishment is not defined neither by a framework of child’s rights nor by domestic violence laws in Lithuania. Having examined all issues, it is concluded that the corporal punishment is violation of human dignity and the right to bodily integrity and the inviolability, because it contradicts the provisions of European Convention on Human Rights.

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Lindskog, Klas, and Elin Olsson. "Barnidrott på vuxnas villkor : En undersökning av tillgänglighet till demokratiska processer för barn inom idrottsföreningar." Thesis, Umeå universitet, Pedagogiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-174542.

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The UN Convention on the Rights of the Child (UNCRC) was adopted in 1989 and became a current topic again when the Swedish government incorporated it into Swedish law on the 1st of January 2020. UNCRC contains 54 articles and one of them is article 12, which states that all children have the right to express their views on any issue that concerns them. Research shows that this is rarely the case within sports clubs, and children struggle to make their voices heard. Therefore, the aim of the study was to bring knowledge about the board of the sports clubs point of view on this issue, and their experience of children's access to the democratic processes. Data were generated through interviews with 9 chairmen within different sports clubs. The results showed that the chairmen had very different definitions of democracy, and therefore their perceptions of children's access to it varied. On this basis a majority of the sports clubs believed the children had good access to the democratic processes within their sports clubs. In the cases where the opinion was that the children did not have good access, explanations were based on children's maturity or the coach's lack of time and knowledge. Another conclusion is that sports clubs in general make decisions based on what they think is best for the child or ask their parents instead, and therefore claim their club activities are good for children.

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Thelander, Nina. "We are all the same, but- Kenyan and Swedish school children's views on children's rights /." Doctoral thesis, Karlstad : Faculty of Arts and Education, Educational Work, Karlstads universitet, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-4112.

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Robinson, Jacobus Abraham. "The right to recovery and reintegration of child victims of armed conflict : a public subjective rights approach / Jacobus Abraham Robinson." Thesis, North-West University, 2011. http://hdl.handle.net/10394/8400.

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The right of child victims of armed conflict to recovery and reintegration in essence is a particular exposition of the public law relationship. In this study reference is made to the theory of public subjective rights as it applies in German law to explain the relationship. Shortcomings in the theory are identified after which aspects of the Reformed Tradition are discussed to come to sound solutions. An effort is made to establish a theoretical framework in terms of which the relationship can be explained comprehensively. The conclusion is reached that particular status aspects of child victims are activated in their relationship with the State. It is only in terms of the negative and positive status aspects (which relate to the juridical destination of the State) that child victims may demand negative or positive State conduct in their favour.
Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2011

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Harcourt, Deborah Sue. "Young children's accounts of quality in early childhood classrooms in Singapore." Queensland University of Technology, 2008. http://eprints.qut.edu.au/16658/.

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Early childhood research and policy are focusing increasingly on issues of 'quality' in early childhood education. Much of the focus, however, has been on adult-generated notions of quality, with little attention being devoted to children's own views of their experience in early childhood settings. Conducted in the context of early childhood education in Singapore, this research breaks new ground by contributing children's own insights into their experience in two early childhood classrooms in Singapore. Informed by the sociology of childhood conceptualisation of child competence (James & James, 2004), the research methodology drew on the mosaic approach to researching with children used by Clark and Moss (2001), whereby children's photography, mapping and conversations were used by them to consider their early childhood settings. The findings of this study were generated, beginning with the understanding that young children have the competence to articulate their ideas using a range of symbolic literacies. They formed views and constructed theories about their preschool experiences, in particular about the teachers, the curriculum, the physical environment and friends, and gave a clear indication of what constitutes good quality in those domains. When offered a platform to discuss the issue of quality in early childhood settings, the children articulated ideas about their own best interests. This study calls for those engaged with children, to act upon the contributions offered by this group of children to our understanding of quality.

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Harcourt, Deborah Sue. "Constructing ideas and theories about quality : the accounts of young children in two early childhood classrooms in Singapore." Thesis, Queensland University of Technology, 2008. https://eprints.qut.edu.au/16658/1/Deborah_Sue_Harcourt_Thesis.pdf.

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Early childhood research and policy are focusing increasingly on issues of 'quality' in early childhood education. Much of the focus, however, has been on adult-generated notions of quality, with little attention being devoted to children's own views of their experience in early childhood settings. Conducted in the context of early childhood education in Singapore, this research breaks new ground by contributing children's own insights into their experience in two early childhood classrooms in Singapore. Informed by the sociology of childhood conceptualisation of child competence (James & James, 2004), the research methodology drew on the mosaic approach to researching with children used by Clark and Moss (2001), whereby children's photography, mapping and conversations were used by them to consider their early childhood settings. The findings of this study were generated, beginning with the understanding that young children have the competence to articulate their ideas using a range of symbolic literacies. They formed views and constructed theories about their preschool experiences, in particular about the teachers, the curriculum, the physical environment and friends, and gave a clear indication of what constitutes good quality in those domains. When offered a platform to discuss the issue of quality in early childhood settings, the children articulated ideas about their own best interests. This study calls for those engaged with children, to act upon the contributions offered by this group of children to our understanding of quality.

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Mathew, Lina Acca. "Legislative models of prosecuting child sexual abuse in India: A review and critical analysis." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/107784/2/Lina_Acca_Mathew_Thesis.pdf.

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This thesis conducted the first comprehensive analysis of Indian criminal laws about child sexual abuse offences. It explored social science studies on the nature, prevalence and effects of child sexual abuse, including a focus on India. It synthesized Indian legislation and case law, and provisions of the UN Convention on the Rights of the Child. It identified and analysed six problematic aspects of Indian law. Finally, it conducted a theoretical analysis of four of these key issues, informed by the social science evidence and the UNCRC. The thesis identified key areas of recent progress, and areas requiring further reform.

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Abdul, Jenny, and Shpetim Emini. "Bygger vi en stad för barn, bygger vi en stad för alla : En studie om barnets bästa vid planering av bostadsgårdar i Malmö." Thesis, Malmö universitet, Institutionen för Urbana Studier (US), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-42978.

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FN:s konvention om barnets rättigheter (barnkonventionen) ratificerades av Sverige 1990 och har sedan dess fått avtryck i fysisk planering genom tillämpningen av begreppet barnperspektiv. Malmö stads vision om den barnvänliga staden, ska erbjuda både goda uppväxtvillkor för barn och goda boendemiljöer för barnfamiljer. För att uppnå detta framgår det i översiktsplanerna att både barnperspektivet och barns perspektiv ska beaktas. I beslutsprocesser som i detaljplaner beaktas barnperspektivet vid planering av förskolor och väldigt lite om barns boendemiljöer (Malmö stad, 2012; 2014; 2018). Barnkonventionens tredje artikel som utgör konventionens tyngsta princip, uttrycker att barnets bästa ska sättas i främsta rummet vid alla beslut som berör ett enskilt barn eller barn i grupp. I takt med en ökad urbanisering och en förtätningsstrategi i dagens svenska städer, är det viktigt att samhället värnar om goda uppväxtmiljöer för barn. Bostadsgården är ett stadsrum som krymper i takt med förtätningen, vilket medför att barns plats för lekutrymme och närheten till vuxna och hemmet äventyras. Bostadsgården behöver vara en trygg och tillfredsställande miljö som erbjuder tillräckligt med utrymme för att barn ska kunna leka fritt på gården. Eftersom barnkonventionen blivit svensk lag sedan 1 januari 2020, får den ännu större avtryck vid rättstillämpningen (Unicef, 2020). Detta gör det intressant för studien att undersöka hur planerare beaktar barnets bästa vid planering av bostadsgårdar i Malmö. Studien bygger på tidigare forskning som beskriver bostadsgårdens roll och varför bostadsgården är en miljö som är viktig för barn, men som sedan tar sin grund i barnkonventionens artiklar för att förstå på vilket sätt barnets bästa ska tolkas inom fysisk planering. Vi har valt att definiera barnets bästa vid planering av bostadsgårdar, genom att utgå från följande begrepp: barnperspektivet och barns perspektiv, en god lekmiljö och trygghet. Intervjuer med planarkitekter från Stadsbyggnadskontoret i Malmö, ger studien en bättre förståelse för hur planerare beaktar barnperspektivet i planskedet. Uppsatsens teorier används för att analysera två fysiska projekt, som båda antagits innan konventionen blivit lag. För att få en djupare förståelse för tillämpningen av barnkonventionen i fysisk planering, utgår forskningen även från två offentliga dokument. Därmed tar denna studie fasta på vilka svårigheter det finns med tillämpningen av barnkonventionens artiklar, samt hur dessa ska beaktas vid planering av bostadsgårdar i Malmö.
The United Nations Convention on the Rights of the Child (UNCRC) was ratified by Sweden in 1990 and has ever since been imprinted in spatial planning through the application of the concept of child perspective. Malmö city’s vision as the child-friendly city, will offer both, good growing-up conditions for children and good living environments for families with children. To achieve this, the master plans of the city show that both child perspective and children’s perspective should be taken into account. In decision-making processes, detailed plans show that the children's perspective is taken into account when planning preschools but very little about children's living environments (Malmö stad, 2012; 2014; 2018). The third article of the UNCRC, which constitutes the most important principle of the Convention, states that the Best Interests of the Child (BIC) shall be a primary consideration in all decisions concerning an individual child or children in a group. With the increased urbanization and a densification strategy in Swedish cities today, it is important for the society to safeguard good growing-up environments for children. Residential yard is an urban space that shrinks as a result of the densification, which means that children's space for their playing environment, the proximity to adults and the home, is endangered. The residential yard needs to be a safe and satisfactory environment that offers enough space for children to be able to play freely. Since the UNCRC became a Swedish law on the 1st of January 2020, this has an even greater impact in applying the law (Unicef, 2020). This makes it interesting for the study to examine how planners consider BIC when planning residential yards in Malmö. Previous research describes the role of the residential yard and why this environment is especially important for children. We have chosen to define BIC when planning residential yards by using the following concepts: the child perspective and children's perspective, a good playing environment and the security. Through interviews with planning architects from Malmö’s City Planning Office “Stadsbyggnadskontoret”, this study achieves a better understanding for how planners consider child perspective in the planning process. The theories for this research have been used to examine two physical projects, which both were approved before the UNCRC became a law. In order to achieve a deeper understanding of the difficulties in applying the UNCRC in spatial planning, the research is also applying two public investigations. By that, the study focuses on what difficulties there are with the application of the articles of the UNCRC and how these should be taken into account when planning residential yards in Malmö.

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Oresved, Wendela, and Tina Sehati. "”Man tappar bort det här lilla barnet i allt det här.” : En kvalitativ studie om hur socialsekreterare tror att lagstiftningen av Barnkonventionen kan påverka livssituationen för barn som bevittnar eller utsätts för våld i nära relation." Thesis, Högskolan i Gävle, Kriminologi, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-33389.

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This study is exploring how social workers working for the Social Services in the Stockholm area, experience the United Nations Convention on the Rights of the Child (UNCRC), which has become part of the Swedish law. The Social workers that participated in the study, are working with children that are being abused or witnessing abuse in their home environment. The students of the study focus on how the social workers think the new law can affect them in their work with the children. Furthermore, this study wants to investigate, if the new law can give the social workers a different approach when working. There were six social workers that participated in the study from different Social Service offices within the Stockholm area. The result of the study showed that the social workers were positive towards UNCRC becoming part of the Swedish law, but they illustrated having a low trust in how it will affect them in the practical work. However, collaboration with the welfare system, could make a difference on the children's future. The social workers also explained, that with the right knowledge, they could intercept the abused kids in their home earlier and faster.

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Turesson, Picetti Simon, and Hellström Karl Johan Tesch. ""Då skulle det vara slutselekterat" : Åtta barn- och ungdomstränare och deras reflektioner kring barnkonventionens inträde som svensk lag." Thesis, Södertörns högskola, Företagsekonomi, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-46094.

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As of January 1st, 2020, the United Nations Convention on the Rights of the Child was incorporated as a law in Sweden. This raises some questions about how it would influence and implicate the Swedish way of executing youth sports. Several media and experts in children's and youth sports have argued that using selective methods such as ranking or topping the team might not be in accordance with the convention. What the legislation entails and how the convention is taken into account in practice, however, seems to be largely dependent on how this is interpreted by those who are expected to implement it. The purpose of this study is therefore to gain insight into how children and youth coaches interpret the convention and its new status as a Swedish law. We also aim to understand how the coaches reflect on these selective methods from a children's rights perspective. The examination uses a phenomenological approach with qualitative semi structured interviews. The study's theoretical framework consists of three theories. We adopt the perspective of social constructionism to understand how coaches create meaning of the convention, institutional theory to understand how institutionalized logics and values can influence reflections and the theory of deviant conformity to understand how deviations from normative ideas and behaviors are understood and what they are based on. Some of the insights gained from the analysis were as follows: None of the coaches has experienced any change as a result of the convention being incorporated as a law. The convention is perceived as difficult to interpret by most of the coaches and the legitimacy of selective methods is considered to be in a gray zone. Several coaches ́ descriptions indicate that the structure of the Swedish sports movement largely influences their way of reflecting and assenting to the convention. The most frequently occurring problematic aspect regarding practical activities is perceived to be the children's parents.
Vid årsskiftet till 2020 blev de Förenta Nationernas barnkonvention inkorporerad i svensk lagstiftning. Detta väckte en del frågeställningar om hur svensk barn-och ungdomsidrott skulle komma att påverkas. Flera medier och experter inom barnidrott har argumenterat för att selektering och toppning av barn inte är i linje med konventionen och att det därför inte längre, legitimt kan bedrivas. Vad lagstiftningen innebär och hur konventionen beaktas i praktiken tycks dock till stor del vara beroende av hur detta tolkas av de som förväntas implementera den. Syftet med denna studie är därför att skapa insikt i hur barn- och ungdomstränare tolkar barnkonventionen och dess nya status som svensk lag. Studien avser även att skapa förståelse för hur tränarna reflekterar kring just selektering och toppning för barn utifrån ett barnrättsperspektiv. Undersökningen använder en fenomenologisk ansats och kvalitativa semistrukturerade intervjuer för att förstå dessa fenomen från tränarnas egna perspektiv. Studiens teoretiska referensram utgörs av tre teorier. Vi antar ett socialkonstruktionistiskt perspektiv för att förstå hur tränarna skapar mening av konventionen, nyinstitutionell teori för att förstå hur institutionaliserade logiker och värderingar kan influera reflektioner samt teorin om avvikande konformitet för att förstå hur avvikelser från normativa idéer och beteenden förstås och vad de baseras på. Ur analys av insamlat material har studien lett till bland andra följande insikter: Samtliga tränare upplever att deras verksamhet inte förändrats till följd av att konventionen blev lag. Konventionen uppfattas svårtolkad av de flesta tränarna. Selektering och toppnings legitimitet upplevs utgöra i en gråzon i relation till konventionen. Flera av tränarnas beskrivningar indikerar att den svenska idrottsrörelsens struktur till stor del influerar verksamheternas förhållningssätt gentemot barnkonventionen. Den mest återkommande problematiska aspekten i relation till praktisk implementering upplevs vara barnens föräldrar.

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Yström, Gabriella. "Direkt ur händerna : "Höringar" med döva och hörselskadade ungdomar om skolsituationen." Thesis, Örebro University, Department of Behavioural, Social and Legal Sciences, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-1527.

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Tidigare forskning kring funktionshindrade elevers skolgång och behov har oftast kretsat runt föräldrarnas eller andra vuxnas perspektiv. Barn och unga med funktionshinder har setts med vuxnas ögon. Röster och erfarenheter från barn och ungdomar med funktionshinder har i stort saknats i utredningar och betänkanden. Detta trots att Sverige förbundit sig att efterleva FN:s konvention om barnets rättigheter och inlemma barn och unga i beslutsprocesser. Med utgångspunkt från artikel 12 i FN:s barnkonvention, om barns rätt att höras och bli hörda och den nyligen initierade utredningen om bland annat behovet av en specialskola för elever i gymnasieålder, samt kommunernas möjlighet att anordna utbildning för elever med vissa funktionshinder, var syftet med den aktuella studien att belysa funktionshindrade barn och ungdomars erfarenheter och upplevelser av sin skolsituation. Metoden som använts i denna studie är kvalitativ och med hjälp av en relativt ny och kreativ teknik som kallas ”höringar” försökte vi kartlägga och fördjupa kunskaperna om hörselskadade och döva ungdomars skollinje och erfarenheter från olika skolformer. Utifrån ett barnperspektiv försökte vi besvara dessa frågeställningar; Hur upplever RGD/RGH-elever sin nuvarande skolsituation? Hur gestaltar sig deras erfarenheter av tidigare skolformer? Är ”höringar” en användbar teknik för att få fram de döva och hörselskadades röster? Målgruppen för den aktuella studien består av nio döva och hörselskadade ungdomar som går på riksgymnasiet för döva och hörselskadade i Örebro. Avsikten med studien har inte varit att utröna vilken skolform som kan anses mest lämplig för döva och hörselskadade elever. Studiens litteraturgenomgång berörde centrala begrepp och definitioner på funktionshinder, från de döva och hörselskadades perspektiv. Det svenska teckenspråkets ställning, förhållandet mellan barnperspektiv och barns perspektiv samt internationella politiska styrdokument låg till grund för denna studie. Resultaten från höringarna presenterades i enlighet med modellen i text och bild, så tolkningsfritt som möjligt. Av resultaten framkom det att ungdomarnas upplevelser och erfarenheter låg i linje med den litteratur som granskats i denna studie. Studien visade att ungdomarna upplevelser av RGD/RGH i stort är positiv när det gäller boende-skola-fritid i Örebro. Slutsatsen blev att, för att kartlägga funktionshindrades upplevelser och erfarenheter med ett barnperspektiv utifrån barnkonventionen, så är tekniken ”höring” en passande metod.

Earlier research concerning disabled children’s school attendance or needs often did focus from the parent’s or other adult’s point of view. Disabled youths and children has been seen through the eyes of the adults. Views and experiences of disabled youth and children has clearly been missing in inquiries and reports. Even though that Sweden has undertaken to live up to UN:s Convention about the Rights of Children and involve young people in the decision-making. Setting out from the UNCRC, article 12, about children’s rights to be heard and the recently proposed inquiry of the need of a special upper secondary school for students with disabilities, and the ability of the municipalities to organize education for students with certain disabilities, the purpose of this study was to shed light upon disabled youths and children’s experiences of their school situation. The method used in this study is qualitative, and with this new and creative technique called ”hearings” we tried to map out and engross the knowledge about the line of school for deaf and heaing impaired youth and their views on these different types of schools. Attempts were made to answer these questions from a child’s perspective; how do RGD/RGH-students find their present schoolsituation? What shapes have their experiences from earlier schools they attended? Was ”hearings” a useful technique to express the views of the young deaf and the hearing impareds? The target group in this study consisted of nine deaf and hearing impared youths attending the national upper secondary school for the deaf and hearing impared in Örebro. The purpose of this study was not to find out what would be the best kind of school for the deaf and hearing impared students. The litterature review in the study touched upon central concepts and definitions on disabilities, from the perspective of deaf and hearing impared. Status of the Swedish sign language, relationship between childperspective/ children’s perspective and international political treaties and document was the basis of this study. The results from the ”hearings” was presented accordingly to this techique in texts and pictures, as free from interpretations as possible. The study concluded that the experiences of these youths were in line with the literature review being used in this study. The study shows that their experiences are of the positive kind concerning housing-school-leisure in Örebro. The study also concluded that, in order to map out the experiences of disabled people from a children’s point of view according to the UNCRC, ”hearing” as a technique is suitable.

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Carreiro, Fatima Gomes. "Implementation of the United Nations Convention on the Rights of the Child and social inclusion among refugee children in Canada and Sweden." 2013. http://hdl.handle.net/1993/14412.

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Refugee children often experience social exclusion upon arrival in their new host countries. The United Nations Convention on the Rights of the Child (CRC) obligates States to ensure the social inclusion of all children, including refuges. While all but two countries have ratified the CRC, few have fully implemented it. In this thesis, I tested the hypothesis that the social inclusion of refugee children will be greater in a country that has more fully implemented the CRC (Sweden) than in a country where implementation is weaker (Canada). The results of a policy analysis supported the hypothesis. The findings of this study will contribute to the development of methods to measure the implementation of the CRC, as well as to our understanding of the relationships among human rights, domestic policy and children’s well-being.

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Barnes, Ashleigh Dell. "The legal construction of the child in the United Nations Convention on the Rights of the Child." Phd thesis, 2014. http://hdl.handle.net/1885/155896.

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While the United Nations Convention on the Rights of the Child (CRC) has been extensively analysed since its inception and the category 'child' has been critiqued for even longer, it seems the critiques made about the category 'child' continue to have limited purchase regarding the CRC's construction of the category 'child'. This project was inspired by the seemingly dominant perception that there exists something fundamental to the category 'child', a view held even by those who dismiss the same perspective regarding the category 'woman' for example. Put another way, the legs upon which the CRC's category 'child' stands have been dismantled for all other human categories (capacity as a precursor for rights; the existence of 'essential' and 'natural' characteristics shared by all persons who make up an identity category). This thesis aims to understand how these 'legs' nonetheless continue to prop up the category 'child'. This thesis critiques the CRC's articulation of the category 'child', the taken for granted/self-evident assumption that children are fundamentally different from adults, and that this 'difference' justifies their differential and submissive positioning in relation to adults under the banner of children's rights. It seeks to examine the vision of the 'child' articulated in the CRC by employing a postmodern deconstructionist analysis, which draws heavily on Michel Foucault and Judith Butler. This thesis argues that the CRC's vision of the child as 'developing' and thus in need of 'care' enables the regulation and effective control of childhood. As such, the CRC does not describe or provide for the 'true' childhood. Rather, the CRC prescribes vulnerability and dependency as the markers of childhood.

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Zulu, Charity Kalo Malauni. "Implementation of the United Nations Convention on the Rights of the Child and commercial sexual exploitation of aboriginal children in Canada." 2014. http://hdl.handle.net/1993/23918.

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Canada’s 1991 ratification of the United Nations Convention on the Rights of the Child (CRC) means that policies to eliminate commercial sexual exploitation should be implemented equally for all children, without discrimination. However, Aboriginal peoples are disproportionately represented among Canada’s population of commercially sexually exploited children and youth. They are also more likely to experience the primary risk factors for commercial sexual exploitation – poverty, exposure to violence, and involvement in the child welfare system. I conducted a policy analysis examining the implementation in Canada of the CRC Articles related to the primary predictors of commercial sexual exploitation of children, to determine whether they are being implemented differentially for Aboriginal and non-Aboriginal children. The findings revealed that although Aboriginal and non-Aboriginal children obtained identical scores on the quantitative measures, the implementation of the relevant rights standards differed substantially across the two populations, as evident in differential funding and service provision for the two groups.

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Hunter, Mary Theresa. "Canadian child and youth advocates: a comparative analysis." Thesis, 2017. http://hdl.handle.net/1828/8045.

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The purpose of this dissertation is to compare features of eleven Canadian provincial / territorial Child and Youth Advocates (CYAs) and identify factors that contribute to their success at influencing changes to public policies, practices and laws to improve services and programs for children and youth. This exploratory study compares and provides explanations regarding the CYAs’ evolution, institutional designs, legislated mandates, implementation, expectations and accountability structures. This study is based on reviews of publicly available documents and interviews with CYA key contacts, members of their legislative oversight committees and informed experts. The CYAs are statutory officers who assist their legislatures in protecting children’s rights and holding governments to account. They also provide a valuable source of information and advice for decision-makers and government agencies. Each CYA is uniquely designed to serve the needs and interests of their jurisdictions. They have overlapping functions and use some common approaches to systemic advocacy aimed at laying the groundwork for change. This study identifies several factors that contribute to the CYAs’ success at influencing systemic change. Comprehensive legislation and adequate resources enable some CYAs to undertake a full range of systemic advocacy functions. Raising awareness helps to build a common understanding of children’s rights and promotes a collective will for change to better serve their needs and interests. Effective use of the media is a powerful tool for raising awareness about the CYAs’ systemic concerns and recommended changes and for putting pressure on governments to take action. Educating and providing guidance to the media aids in controlling messages that are reported. Elevating the views and interests of young people who have direct experience with government systems is an effective strategy used by some CYAs to influence systemic change and increase the participation of young people in public decision-making. Building positive relationships with government agencies promotes greater cooperation with CYAs’ advice. The use of strategic plans for systemic advocacy may aid the CYAs to clarify their goals, objectives and performance measures and to monitor changes over time.
Graduate
Public Administration
thunter@uvic.ca

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Mpya, Maropeng Norman. "An appraisal of the efficiency of implementation mechanisms with regards to international children’s rights law." Diss., 2013. http://hdl.handle.net/10500/10553.

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The law governing children’s rights is part of international human rights law and therefore plays an important role in the protection of human rights. However, the effectiveness of the protection of children’s rights depends on a State’s compliance with children’s rights instruments and the implementation mechanisms within a given State. There are implementation mechanisms for the protection of children’s rights at the national, regional and international levels. The protection of children’s rights at these three levels is provided for by children’s rights instruments. The monitoring of particular implementation mechanisms with regard to children’s rights is effected by reporting processes through State Parties to domestic institutions, regional, and international organisations. The reports provided by States Parties must contain relevant information with regard to measures that States Parties have taken to implement children’s rights instruments. Inadequate implementation mechanisms for the protection of children’s rights have emerged as the greatest threat to the realisation of children’s rights. This means that the adoption of children’s rights instruments may yield results only when effective implementation steps are taken by the respective States Parties. There are four “cornerstone” principles that underpin the protection of children’s rights.1 These are: non-discrimination; the best interest of the child; the right to life, survival and development; and respect for the views of the child.2 This study will evaluate the right to education and the best interests of the child principle as covered in children’s rights instruments at regional and international levels.Education is a powerful tool in ensuring the protection and enjoyment of children’s rights. Therefore, ineffective implementation of the right to education may have adverse consequences for society. The best interest of the child principle is the guiding principle in all matters concerning children’s rights.3 Therefore, the application and effectiveness of the best interests of the child principle will ensure adequate protection of children’s rights. Further, the study will examine the right to education and the best interest of the child in order to demonstrate how the United Nations (UN) and regional human rights instruments have provided for their implementation. Ratification of children’s rights instruments is a symbolic gesture on the part of States Parties to the recognition and significance of protection of children’s rights. The compliance with children rights instruments or treaty obligations is crucial to ensure adequate protection of children’s rights. Thus, non-compliance with treaty obligations will have a negative impact on the protection of children’s rights. The evaluation of the right to education and the best interests of the child principle will be undertaken against the backdrop of children’s rights instruments. The children’s rights instruments are provided for by the United Nations (UN) and regional human rights systems. The dissertation will evaluate the right to education and the best interests of the child principle within three regional systems, namely, the European Union (EU), the Organisation of American States (OAS), and the African Union (AU). It will also examine pertinent case law within the three regional systems. Finally, the efficacy of implementation mechanisms for the enforcement of children’s rights will be assessed.
Public, Constitutional, & International Law
LLM

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Mubanga, Christopher Kapangalwendo. "Protecting Eritrean refugees' access to basic human rights in Ethiopia: an analysis of Ethiopian refugee law." Diss., 2017. http://hdl.handle.net/10500/23205.

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Eritrean refugees are compelled to flee their country mainly to avoid forced conscription into indefinite military service, arbitrary arrest and detention for prolonged periods without trial. The majority of Eritrean refugees are young people, who leave their country in search of a better life and sources of livelihoods. The mass migration of Eritrean refugees has started to have adverse effects on the country’s socio-economic landscape. The main destination and country of refuge for the majority of Eritrean refugees is Ethiopia. Although no serious violations of human rights have been reported among Eritrean refugees living in Ethiopia, it a well-known fact that the Ethiopian Government has not fully extended the internationally accepted rights of those who have been forced to flee their own states, to refugees. For example, freedom of movement for refugees is restricted, which is obviously compounded by the encampment policy, which requires that all refugees should be confined to designated refugee camps. This situation seriously undermines the UNHCR’s efforts to enhance refugees’ self-reliance, independence, and chances of local integration. There has not been much research undertaken regarding the Ethiopian Government’s legal framework on refugees and its impact on the protection of the rights of refugees. In 2014, Ethiopia hosted the largest number of refugees in Africa. This phenomenon was largely attributed to the Ethiopian Government’s ‘open door’ policy towards refugees. The present study is an attempt to critically examine Ethiopian refugee law and determine the extent to which the national laws protect the rights of refugees. Although the study is limited in scope to the situation of Eritrean refugees, the principles and standards of treatment discussed apply to all refugees living in Ethiopia.
Public, Constitutional and International Law
LL. M.

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Gouveia, Maria Inês Baganha. "A PROTECÇÃO DE CRIANÇAS E JOVENS EM PERIGO - Reflexão sobre a adequação do sistema de promoção e protecção de crianças e jovens em perigo à Convenção das Nações Unidas sobre os Direitos da Criança." Master's thesis, 2021. http://hdl.handle.net/10316/97478.

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Dissertação de Mestrado em Direito apresentada à Faculdade de Direito
Todos os dias, os maus-tratos, a negligência e o abandono, entre outras situações de perigo, comprometem o bem-estar e o desenvolvimento integral de muitas crianças que, amedrontadas para contar a sua história e pedir ajuda, sofrem em silêncio. Na maior parte dos casos, as crianças não sabem que têm o direito a ser protegidas, mas mesmo quando conhecem os seus direitos, desconhecem onde poderão dirigir-se, que processo se irá seguir, que medidas poderão ser decididas a seu favor e quem estará ao seu lado para garantir a sua recuperação e incentivá-las a ter confiança e esperança. Para as crianças que encontram coragem suficiente para falar sobre os incidentes de que foram vítimas, a percepção que têm é a de que não são ouvidas ou levadas a sério.O presente estudo centra-se, assim, na protecção de crianças e jovens em perigo e constitui uma reflexão sobre a adequação do sistema de promoção e protecção de crianças e jovens em perigo à Convenção das Nações Unidas sobre os Direitos da Criança. Começa-se, então, por conhecer a Convenção das Nações Unidas sobre os Direitos da Criança e o sistema de promoção e protecção de crianças e jovens em perigo, em particular, a Lei de Protecção de Crianças e Jovens em Perigo, com a intenção de procurar compreender os problemas que o sistema de protecção enfrenta na implementação dos princípios e das normas da Convenção das Nações Unidas sobre os Direitos da Criança.Tendo em conta os problemas identificados, as recomendações do Comité dos Direitos da Criança e as boas práticas e políticas adoptadas pelos sistemas de protecção de crianças de outros ordenamentos jurídicos, propõem-se algumas medidas relacionadas com a prevenção das situações de perigo, a protecção das crianças contra a violência e a vitimização secundária decorrente dos processos de promoção e protecção, o incremento da participação das crianças e a criação de estruturas que lhes dêem voz, bem como a prestação dos apoios necessários às crianças e às famílias, no quadro de uma justiça amiga das crianças.
Every day, abuse, neglect and abandonment, among other dangerous situations, compromise the well-being and integral development of many children who, afraid to tell their stories and ask for help, suffer in silence. In most cases, children don’t know they have the right to be protected, but even when they know their rights, they don’t know where to go, what process will follow, which measures can be decided on their behalf and who will stand by their side to ensure their recovery and encourage them to have confidence and hope. For children who find enough courage to talk about the incidents that victimized them, their perception is that they are not listened to or taken seriously.The present study focuses on the protection of children and young people in danger and constitutes a reflection about the adequacy of the system for the promotion and protection of children and young people in danger to the United Nations Convention on the Rights of the Child.In the first place, it gets to know the United Nations Convention on the Rights of the Child and the promotion and protection of children and young people in danger and, in particular, Children and Young people in Danger Act, in order to try to understand the problems faced by the protection system in the implementation of the principles and norms of the United Conventions on the Rights of the Child.Taken into account the identified problems, the recommendations of the Committee on the Rights of the Child and the good practices and policies adopted by the child protection systems of other legal systems, some measures are proposed related to the prevention of dangerous situations, the protection of children against violence and secondary victimization from promotion and protection processes, the increase of children’s participation and the creation of structures to give them a voice, as well as the provision of the necessary support to children and families, within the framework of a child-friendly justice.

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Dissertations / Theses on the topic 'United Nations Convention on the Rights of the Child (CRC)'

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