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1
Broughton, Fiona. "Are unborn children rights-holders under the United Nations Convention on the Rights of the Child?" Boolean: Snapshots of Doctoral Research at University College Cork, no. 2010 (January 1, 2010): 17–21. http://dx.doi.org/10.33178/boolean.2010.5.
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In September 1992, Ireland ratified the United Nations Convention on the Rights of the Child (CRC), committing itself to the promotion, protection and fulfilment of the rights of all children on a non-discriminatory basis as outlined in the Convention. But just who is a child under the wording of the CRC? Article 1 of the CRC defines the child as “every human being below the age of eighteen years, unless under the law applicable to that child majority is attained earlier”. So the CRC is clear on a maximum age limit for one to qualify as a ‘child’ and thus gain rights under the CRC. It makes no mention, however, of a minimum age limit for a human being to qualify as a ‘child’ under the Convention. Does a child gain rights under the Convention from the moment of his existence, i.e., immediately following conception, or from the moment of ...
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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LeBlanc, Lawrence J. "The Convention on the Rights of the Child." Leiden Journal of International Law 4, no. 2 (September 1991): 281–91. http://dx.doi.org/10.1017/s0922156500002326.
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The United Nations General Assembly adopted the Convention on the Rights of the Child in November, 1989, bringing to a close ten years of debate and discussion over the merits of the project as well as the content of its main provisions. Although some representatives expressed misgivings about the content of several articles of the convention, it was adopted by a broad consensus among the member states of the United Nations. In fact, in less than one year, by September, 1990, the convention had been ratified by more than twenty countries, the threshold figure established by Article 49 of the convention, and it entered into force. This set in motion the process for the election of the ten-member Committee on the Rights of the Child (CRC), the body that has been charged with implementing the convention, in February, 1991, and it is scheduled to begin functioning in the fall of 1991. As recently as March, 1991, the United Nations Secretary-General reported to the states parties that 71 states had either ratified or acceded to the convention and that almost 60 other states had signed it. By June, 1991, the ratification of the convention by Belgium brought the total of states parties to over 90.
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Lundy, Laura, Ursula Kilkelly, and Bronagh Byrne. "Incorporation of the United Nations Convention on the Rights of the Child in Law: A Comparative Review." International Journal of Children’s Rights 21, no. 3 (2013): 442–63. http://dx.doi.org/10.1163/15718182-55680028.
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Incorporation in law is recognised as key to the implementation of the UNCRC. This article considers the ways in which a variety of countries have chosen to incorporate the CRC, drawing on a study conducted by the authors for UNICEF-UK. It categorises the different approaches adopted into examples of direct incorporation (where the CRC forms part of domestic law) and indirect incorporation (where there are legal obligations which encourage its incorporation); and full incorporation (where the CRC has been wholly incorporated in law) and partial incorporation (where elements of the CRC have been incorporated). Drawing on evidence and interviews conducted during field visits in six of the countries studied, it concludes that children’s rights are better protected – at least in law if not also in practice – in countries that have given legal status to the CRC in a systematic way and have followed this up by establishing the necessary systems to support, monitor and enforce the implementation of CRC rights.
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Underwood, Kathryn, Elaine Frankel, Karen Spalding, and Kathleen Brophy. "Is the right to early intervention being honoured? A study of family experiences with early childhood services." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 5, no. 1 (November 9, 2018): 56–70. http://dx.doi.org/10.22215/cjcr.v5i1.1226.
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This article presents an empirical study of family interactions with childhood disability and early years services in Ontario, Canada, with a focus on whether the right to early intervention is being honoured. International mandates, national legislation, and local policies have increased global awareness of the rights of children to be provided with environments for optimal healthy development and education, including the right to early intervention. The right to early intervention is articulated by the United Nations in several international declarations and conventions. Article 20 of the Convention on the Rights of the Child (CRC, 1989) was the first convention to use the term disability. It specifically addresses the particular rights of disabled children, with articulation of the right to “enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance, and facilitate the child’s active participation in the community” (A.20, s.1, 1990). Further, the CRC clearly states that children have the right to special care and assistance for both the child and the service providers working with the child. Services are to be delivered free of charge in order to ensure that the child has access to education, training, health care, rehabilitation, preparation for employment, and recreation services. In all cases these services must consider the fullest social integration and individual development that is consistent with cultural and spiritual beliefs (A.20, s.2-4).
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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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Mohammed, Abdul-Rahim, and Adams Sulemana Achanso. "Problematising the Dominant Child Rights Discourses: Why We Need a Nuanced Approach to Combat Child Labour." Advances in Social Sciences Research Journal 8, no. 2 (February 28, 2021): 476–86. http://dx.doi.org/10.14738/assrj.82.9764.
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Three decades have now passed since the promulgation of the United Nations Convention on the Rights of the Child (CRC) in 1989. Despite the almost universal ratification of the CRC, as well as the heightened global awareness of the prevalence of child labour, the phenomenon persists. Following the ratification of the CRC, the rights-based approach to combating child labour became the dominant theoretical perspective. By problematising the dominant child-rights framework, this paper contributes to the discourse on child labour by arguing for a more nuanced approach to addressing the phenomenon. The paper achieves this objective by underscoring the importance of understanding and engaging with the reasons why children work, the socio-economic contexts within which they work, and why policies designed to address child labour should address the structural barriers that directly and indirectly promote child labour.
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Vaghri, Ziba, Zoë Tessier, and Christian Whalen. "Refugee and Asylum-Seeking Children: Interrupted Child Development and Unfulfilled Child Rights." Children 6, no. 11 (October 30, 2019): 120. http://dx.doi.org/10.3390/children6110120.
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The 21st century phenomenon of “global displacement” is particularly concerning when it comes to children. Childhood is a critical period of accelerated growth and development. These processes can be negatively affected by the many stressors to which refugee and asylum-seeking children are subjected. The United Nations Convention on the Rights of the Child (CRC) is the most ratified human rights treaty in history, with 196 States Parties (SPs). The CRC provides a framework of 54 articles outlining government responsibilities to ensure the protection, promotion, and fulfillment of rights of all children within their jurisdictions. Among these are the rights of refugee and asylum-seeking children, declared under Article 22 of the CRC. Refugee and asylum-seeking children, similarly to all other children, are entitled to their rights under the CRC and do not forgo any right by virtue of moving between borders. The hosting governments, as SPs to the CRC, are the primary duty bearers to fulfill these rights for the children entering their country. This manuscript provides an overview of the health and developmental ramification of being displaced for refugee and asylum-seeking children. Then, an in-depth analysis of the provisions under Article 22 is presented and the responsibilities of SPs under this article are described. The paper provides some international examples of strengths and shortcomings relating to these responsibilities and closes with a few concluding remarks and recommendations.
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Seatzu, Francesco. "The Interpretation of the American Convention on Human Rights through the Prism of the United Nations Convention on the Rights of the Child." International Human Rights Law Review 9, no. 1 (May 24, 2020): 1–26. http://dx.doi.org/10.1163/22131035-00901007.
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This article considers the Inter American Court of Human Rights (IACtHR)’s and Inter-American Commission on Human Rights (iachr)’s approach to interpreting and applying the American Convention on Human Rights (achr) provisions through the prism of the United Nations Convention on the Rights of the Child (crc) and ascertains the features of each convention that supports this approach. It concentrates on the IACtHR’s and iachr’s development and implementation of the principle of the best interest of the child, and on two specific areas of the IACtHR’s and iachr’s jurisprudence on children’s rights – children’s migration and trafficking of children – and concludes with some suggestions as to how this approach might be improved further in a manner that gives wider scope for the promotion of children’s rights and freedoms in the achr contracting states.
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Chaney, Paul. "Limited Gains, Enduring Violations." Journal of South Asian Development 12, no. 3 (November 3, 2017): 286–307. http://dx.doi.org/10.1177/0973174117735213.
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Against the backdrop of continuing rights violations in Bangladesh, this article analyses issue-salience and framing in the policy discourse of civil society organizations (CSOs) and state elites on the implementation of the United Nation’s Convention on the Rights of the Child (CRC). Data from the reports submitted to the second-cycle United Nations’ Universal Periodic Review (UPR), the official monitoring mechanism associated with UN rights treaties, show how state discourse is framed in instrumental, administrative terms. In contrast, civil society discourse is critically framed and highlights poor implementation and enforcement of the CRC, poverty and corruption. This helps to explain on-going rights violations in an increasingly hostile political context wherein government is unresponsive to civil society claims, mobilization is suppressed and CSOs are forced to focus on service delivery and advocacy functions.
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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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Wakefield, Lorenzo. "The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?" Northern Ireland Legal Quarterly 62, no. 2 (March 10, 2020): 167–82. http://dx.doi.org/10.53386/nilq.v62i2.414.
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Article 40 of the United Nations Convention on the Rights of the Child requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure that their best interests are upheld. South Africa ratified the CRC in 1995, the provisions of which have influenced the children’s rights clause in its 1996 Constitution. Section 28(1)(g) of the Constitution stipulates that children may not be detained, except as a measure of last resort and, should they be detained, it should be for the shortest appropriate period of time. Section 28(1)(g) goes further to give domestic effect to the following guarantees stipulated in Article 40 of the CRC: (1) the right to be treated in a manner, and kept in conditions, that take account of the child’s age; and (2) to have a legal practitioner assigned to the child. Recently, SA has enacted its Child Justice Act 75 of 2008, which came into operation on 1 April 2010. The question to be covered in this article is whether this Act truly complies with the international standards set by the CRC (15 years after SA ratified it); the general comments by the United Nations Committee on the Rights of the Child and other non-binding, yet persuasive instruments like the Standard Minimum Rules on the Administration of Juvenile Justice and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. This article only examines four aspects of the Child Justice Act, being: criminal capacity; pretrial release and detention; diversion; and sentencing. It concludes that, but for a few technical aspects of the Child Justice Act, SA took significant steps to comply with its international obligations when it domesticated the CRC in relation to children who commit offences.
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Linde, Robyn. "The Rights of Queer Children." International Journal of Children’s Rights 27, no. 4 (November 21, 2019): 719–37. http://dx.doi.org/10.1163/15718182-02704006.
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The ratification of the United Nations Convention on the Rights of the Child (crc) has long been hailed as a major event in the realisation of children’s human rights, combining the need for protection with a desire to grant agency through recognition of the evolving capacities of the child. Yet the idea of children’s agency as articulated in the crc excluded sexual identity and expression, and ushered in an incomplete emancipation for lgbtiq children; children who are gender non-conforming; and children whose sexual expression otherwise conflicts with heterosexuality – hereafter queer children. I argue that while the crc granted children agency in terms of rights to expression, thought and conscience, it denied children sexual agency. Queer children’s political agency is intimately connected to sexual identity and agency, because unlike their heterosexual counterparts, queer children’s identity and expression is sexualised while, at the same time, they are excluded from adult, identity-based movements.
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Andersson, Hans E. "International Conventions and the Regulation of Migration: The Convention on the Rights of the Child and Sweden." International Journal of Children's Rights 20, no. 1 (2012): 122–40. http://dx.doi.org/10.1163/157181811x570735.
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It is a contested issue to what extent international conventions on human rights actually constrain states. While earlier shown that courts may invoke international conventions, this article investigates to what extent legislators, when it comes to migration, are similarly restrained. In a context where the trend is that states limit immigration and curb asylum seekers and undocumented immigrants’ social rights, the answer would seem to be that states are obviously unhampered. However, in Sweden there have been changes to the Swedish Aliens Act and to the entitlement to health care which have rather safeguarded asylum seeking and undocumented children’s situation. This article discusses the role that the United Nations Convention on the Rights of the Child (CRC) has played in this development and considers whether this has restrained Sweden’s ability to act.
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Coveney, Fiona Broughton. "Does Ireland Measure Up?" International Journal of Children’s Rights 26, no. 4 (November 24, 2018): 626–63. http://dx.doi.org/10.1163/15718182-02604001.
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This article examines protection rights under the United Nations Convention on the Rights of the Child 1989 (crc) and assesses the extent to which such protection rights are afforded to prenatal children in Ireland in the context of prenatal exposure to alcohol. It follows on from the article, “Overstepping the Mark?” (Broughton, 2016: 687–717) in which the author demonstrates the possibilities for the application of the crc to prenatal children. Within the context of protection rights under the crc, this article examines Irish law and policy on protecting children from prenatal alcohol exposure, through the lenses of both child protection and public policy. The central thesis of the article is that although Irish law has the potential to offer prenatal children crc protection rights from this type of harm, legal interpretation has hindered this potential and legal clarity is now necessary to bolster policy and practice, in the best interest of children.
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Vaghri, Ziba, Lothar Krappmann, and Jaap Doek. "From the Indicators of General Comment No. 7 to GlobalChild." International Journal of Children’s Rights 27, no. 4 (November 21, 2019): 821–51. http://dx.doi.org/10.1163/15718182-02704009.
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Implementation of the United Nations Convention on the Rights of the Child (crc) hinges on appropriate data collection to clarify actors’ accountability and the impact of this on children. In spite of widespread ratification and revised legislation, most State Parties have not adequately implemented the crc. The evidence demonstrates that indicators can assist with implementing and monitoring human rights. We present an account of a decade of work conducted under the auspices of the UN Committee on the Rights of the Child, towards developing indicator sets which map the degree of rights implementation. The work started with the rights of young children, outlined in the Committee’s General Comment No. 7. It will culminate in a comprehensive monitoring platform, called GlobalChild, to improve State Parties’ accountability to children through pointing at crucial aspects of the process of compliance with the crc for which the State Party and its administration are accountable.
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Rizky, Lucitania, Muhammad Ade Safri Salampessy, and Isna Achdyana. "Effectiveness of The Convention on the Rights of the Child (CRC) Regime by UNICEF in Encouraging the Implementation of Child Protection in SoutheastAsian Countries." JASSP 2, no. 1 (May 30, 2022): 12–20. http://dx.doi.org/10.23960/jassp.v2i1.50.
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The Convention on the Rights of the Child is a regime that exists as a humanitarian effort in the context of realizing protection and becoming a real guarantee of children's rights in the world. This regime was conceived as a convention since the end of World War I, in which the war has left sadness and trauma for the global community. The Convention on the Rights of the Child emerged at the instigation of women activists and wanted to draw world attention to the plight of children who were victims of war. In its development, the CRC regime was later ratified as an international regime by the United Nations on November 20, 1989 and has coercive power on September 2, 1990. To this day, CRC has been ratified by 196 countries in the world, including all ASEAN member countries. In its implementation, ASEAN has become an international organization with a regional orientation in Southeast Asia that focuses on upholding children's rights. ASEAN established various blueprints to encourage countries in Southeast Asia to work together to protect children. So far, all ASEAN countries have implemented CRC in positive law and various strategic programs in their countries. This study aims to compare the effectiveness of a regime in encouraging real efforts of a country in implementing a regime. In line with the issue of protecting children's rights in Southeast Asia, this research is encouraged to examine the effectiveness of the implementation of the Convention on the Rights of the Child in Southeast Asia using Stokke's theory of regime effectiveness.
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Happold, Matthew. "The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict." Yearbook of International Humanitarian Law 3 (December 2000): 226–44. http://dx.doi.org/10.1017/s1389135900000635.
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On 25 May 2000, the United Nations General Assembly, adopted, without a vote, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (‘the Optional Protocol’). The adoption of the Optional Protocol was the culmination of a long process, extending over some ten years and originating in the dissatisfaction felt by a number of states and NGOs at the level of protection afforded to children by the 1989 Convention on the Rights of the Child (‘the CRC’). The Optional Protocol marks a significant step towards the prohibition of the recruitment of children into armed forces and groups and their participation in hostilities. However, its contents were the result of a compromise that left many dissatisfied, and questions remain about the likely efficacy of the Optional Protocol in ending the phenomenon of child soldiers. Critics see the Optional Protocol as the product of a dialogue between developed states, western-based NGOs and the United Nations' bureaucracy, who prefer standard-setting to tackling the root causes of the use of child soldiers.
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Hailu, Tseday Gizaw. "The Holy See: The Government of the Catholic Church." International Journal of Children’s Rights 25, no. 3-4 (November 17, 2017): 779–816. http://dx.doi.org/10.1163/15718182-02503011.
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The Holy See ratified the United Nations Convention on the Rights of the Child (crc) in its dual personae as the government of the Catholic Church, and as the government of Vatican City State (vcs). The extent of the Holy See’s obligations under the crc in its former capacity is a current international debate, and the focus of this paper. The Committee on the Rights of the Child in its recent review process concluded that by ratifying the crc, the Holy See committed to its implementation, not only within the territory of vcs, but worldwide on behalf of Catholics “under its authority.” Conversely, the Holy See restricts its duty to that of the transmission of moral principles recognised in the crc to all people. This paper critically reviews the Committee’s concluding observations on the Holy See’s second periodic report, and ends by presenting possible alternatives to the Committee’s recommendations.
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Driskill, Samantha Tisdale, Paige LeForce DeFalco, Jill Holbert Lang, and Janette Habashi. "Constitutional Analysis: A Proclamation of Children's Right to Protection, Provision, and Participation." International Journal of Children's Rights 18, no. 2 (2010): 267–90. http://dx.doi.org/10.1163/157181809x12615514762046.
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AbstractThe study of children's images as delineated in constitutional documents highlights the historical transitions that have occurred within and among countries, as manifested in the Convention of the Rights of the Child. As such, content analysis was administered to examine constitutional and amendment documents of 179 nation-states listed and recognized by the United Nations Development Programme in the Human Developmental Index. This analysis produced quantitative and qualitative data in which it described the ranking of each country and it's postulation toward children's protection, provision and participation as outlined by CRC. The findings provide greater understanding of the nation-state posture towards children as active rights bearers.
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Pearson, Kim. "Children Are Human." Texas A&M Law Review 8, no. 3 (May 2021): 495–536. http://dx.doi.org/10.37419/lr.v8.i3.2.
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There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (“CRC”). The mystery of the United States’s ultimate reluctance to ratify the CRC, despite the nation’s central role in the drafting process, has been interrogated for years. Scholars and policy- makers have developed compelling narratives regarding obstacles to the United States’s ratification and implementation of the CRC. However well- reasoned the arguments for ratification are, there has been little progress in persuading the United States to ratify the CRC. While the work toward ratification should continue on every level, informal implementation before ratification would be advantageous and in line with historical methods of reform in the United States. One area that has been over- looked to the advantage of minority and vulnerable populations is domestic relations courts in the United States. In the United States, children’s rights advocacy work should be conducted like cause advocacy for historically disfavored groups to achieve legal recognition and protection of their rights. For example, parenting equality efforts were primarily focused on creating change in individual courts over time, allowing advocates to teach judicial officers and other legal decision-makers about positive outcomes for children of lesbian and gay parents while dispelling myths, misperceptions, and negative stereotypes about sexual minorities. Similarly, other disfavored parents, like working mothers, religious, and racial minorities, have used individual court cases to advocate and educate until new, progressive norms are adopted as national standards. Advocates for children’s rights should adopt institutional change theory and tailor cause advocacy efforts to implement the CRC principles in local domestic relations courts. Focusing on change from within institutions may shift legal norms more quickly, so children are recognized as fully human and thus rights holders in the United States, rather than relying on external legislative changes.
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Waldock, Thomas. "Theorising Children’s Rights and Child Welfare Paradigms." International Journal of Children’s Rights 24, no. 2 (July 23, 2016): 304–29. http://dx.doi.org/10.1163/15718182-02401007.
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By employing the principles and standards of the United Nations Convention on the Rights of the Child (crc), this paper explores the significance and implications of children’s rights for child welfare, with a specific focus on theoretical paradigms of practice. Reform discussions in child welfare scholarship often have centred on deficiencies in the Anglo-American child protection paradigm associated with liberal welfare states. Alternative paradigms are contrasted, most notably the family service approach to child welfare generally found in Nordic, social democratic welfare states. Whilst the crc supports a family service paradigm, the paper highlights disturbing tendencies in reform discussions that are traceable to theoretical roots in the widely adopted and referenced Esping-Andersen/Gilbert classifications of cultures and child welfare paradigms. Whilst the classifications have proven to be useful, the paper explores the need for a more nuanced and complex characterisation of cultures and paradigms, to avoid misunderstandings and conceptual confusion. In particular, children’s rights often are associated only with liberal welfare states and child protection paradigms, and therefore adopting a family service paradigm is conceptualised as moving away from a children’s rights or child protection focus. In fact, a children’s rights framework for child welfare would establish provision, protection and participation as equal and interrelated priorities, whilst still emphasising the importance of a child-centred analysis.
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Danjuma, Ibrahim, and Karatu Afabwaje Joel. "The Legal Conundrum in the Implementation of the Convention on the Rights of the Child in Nigeria." Sriwijaya Law Review 5, no. 1 (January 31, 2021): 1. http://dx.doi.org/10.28946/slrev.vol5.iss1.603.pp1-13.
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International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.
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Moinipour, Shabnam. "The Islamic Republic of Iran and children’s right to education: acceptability & adaptability." Human Rights Education Review 4, no. 2 (May 12, 2021): 26–48. http://dx.doi.org/10.7577/hrer.3930.
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Iran, as a United Nations member state, has made moral and legal commitments to conform to international human rights standards, including the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC), which address the right to education. This article reviews Iran’s commitments to children’s educational rights, drawing on the 4-A scheme developed by the former Special Rapporteur of the UN High Commission for Human Rights on Education, Katarina Tomaševski, whereby education should be available, accessible, acceptable, and adaptable. It examines the State’s obligation to ensure education is acceptable and adaptable. It identifies a number of legal and political reasons why children are unable to claim their educational rights. It calls for substantial educational and societal reform and the prioritisation of the child’s best interests, over those of the State.
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Joamets, Kristi, and Muy Seo ngouv. "A Child’s Right to Be Heard and Be Represented in the Criminal Procedure: A Comparative Analysis of Estonian and Cambodian Law to CRC." Baltic Journal of European Studies 9, no. 4 (December 1, 2019): 127–49. http://dx.doi.org/10.1515/bjes-2019-0040.
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Abstract This paper analyses the legal and practical implementation of the right to be heard and be represented of children in criminal proceedings, both in the framework of the United Nations Convention on the Rights of the Child (CRC) and in the context of Estonian and Cambodian legal systems. Estonia has been chosen as a model state of EU by which also the EU principles are reflected. Particularly, this paper provides a comparative analysis of the implementation of a child’s right to be heard and be represented in Estonia and Cambodia by examining the legal standards concerning children’s right to be heard and be represented enshrined under the CRC together with the regulations and policies of each respective country, and, to a smaller extent, how the principles of the CRC are reflected in EU law and policies. Examples of actual practices in Estonia and Cambodia are discussed to understand whether both countries are compliant with the principles of the CRC. This paper suggests that Estonia and Cambodia both acknowledge their human rights obligations regarding children’s rights, and their legal regulations and policies are in accordance with the CRC principles. However, there remain gaps in the implementation of these policies and regulations in both countries. This view is justified by the analysis of the performance of judicial professionals, including judicial police, lawyers, prosecutors and judges. While critically analyzing the challenges, this article also suggests changes to address the problem.
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Fakunle, Damilola. "The Key to Translation: An Examination of Children’s Human Rights Under Government Care and Protection in Manchester and Santa Cruz, Jamaica." Journal for Undergraduate Ethnography 12, no. 2 (July 6, 2022): 69–87. http://dx.doi.org/10.15273/jue.v12i2.11411.
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According to the Care and Protection Act of Jamaica (2004), protection and provisional rights have historically taken precedence over the participation rights of children – that is, the right to freely express views and maintain a voice in decisions that affect them. To fulfill the participation rights of children, as outlined by the United Nations Convention on the Rights of the Child (CRC), government organizations are encouraged to develop practices that optimize the individual freedom, autonomy, and views of children. I conducted an ethnographic study of the practices used to address the human rights and social needs of abused and neglected children placed under government care and protection in Manchester, Jamaica. My ethnographic research reveals how government staff and caretakers prioritized children’s participation rights, giving them input into their standard of care. As such, it illustrates the process of “vernacularization,” which refers to the translation of global human rights ideas to socially relevant norms in communities.
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Kadir, Nadhilah A., Azizah Mohd, Roslina Che Soh@ Yusoff, and Najibah Mohd Zin. "Child Protection through Intercountry Adoption with Special Reference to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993." Global Journal of Business and Social Science Review (GJBSSR) Vol. 3(2) 2015 3, no. 2 (April 23, 2015): 78–86. http://dx.doi.org/10.35609/gjbssr.2015.3.2(11).
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Objective - This paper seeks to examine the practice of intercountry adoption as prescribed in the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1993 (the Hague Convention 1993) particularly relating to its requirements and procedures. This is in order to describe the minimum safeguards provided by The Hague Convention 1993 to ensure that such adoption takes place in the child's best interests. This paper also discusses the relationship between the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (CRC) relating to the position of intercountry adoption as one of the available means of child care. Methodology/Technique - This paper adopts qualitative research method. Analysis focuses on international policies provided by International Legal Frameworks that include The Hague Convention 1993 and the CRC. Findings - The Hague Convention 1993 recognizes intercountry adoption as one of the alternative care options that provides the advantage of a permanent family setting to a child whom, a suitable family is unavailable for him or her in the birth country. Accordingly, this paper suggests that family setting should be preferred over institutional setting in deciding a child's placement. Novelty - The paper deliberates on the position of intercountry adoption at the international level as one of the alternative care options. Type of Paper - Conceptual Keywords: Alternative Care; Child Protection; Hague Convention 1993; Intercountry Adoption; Permanent Family Care.
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Saunders, Bernadette J., Gaye Lansdell, and John Frederick. "Understanding Children’s Court Processes and Decisions: Perceptions of Children and Their Families." Youth Justice 20, no. 3 (November 28, 2019): 272–92. http://dx.doi.org/10.1177/1473225419890691.
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This article presents preliminary findings regarding children’s and families’ experiences of Children’s Court proceedings in which they are participants. The findings come from a systematic review of Australian and international qualitative literature in relation to how children and their families perceive and understand these court processes. The review reveals that we know little about children’s and parents’ perspectives. However, their insights are vital so that courts can reasonably address issues and concerns, give effect to obligations under the United Nations Convention on the Rights of the Child (CRC) 1989 and foster a problem-solving, therapeutic court approach.
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Chapados, Sydney. "Disrupting Notions of 'Choice': Missteps in Ontario’s COVID-19 Back-to-School Plan." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 8, no. 1 (November 10, 2021): 94–111. http://dx.doi.org/10.22215/cjcr.v8i1.3147.
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When schools shut down in Ontario during the COVID-19 Pandemic, many voices chimed in to discuss where children should be. However, children’s voices were largely missing from these discussions by virtue of being excluded by those in charge. Under the United Nations Convention on the Rights of the Child (1989), children are granted the right to express themselves, have that expression be taken seriously, and to be given information on matters that concern them. By conducting an analysis of the Ontario Government’s Back-to-School Plan and announcements, I argue that the developmental and economic framing of the decision to return to school denied children their expression rights guaranteed under the UN-CRC. The Ontario Government missed a vital opportunity to value children as full human beings with integral experiences. I conclude by arguing that it is imperative that the Government commits to using a rights-respecting approach to all policy and programming with potential to impact children or childhood.
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O'Sullivan, Jane Maeve. "Silence please!" Boolean: Snapshots of Doctoral Research at University College Cork, no. 2015 (January 1, 2015): 175–78. http://dx.doi.org/10.33178/boolean.2015.36.
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“Shut up and eat your dinner!” Given that I grew up in an era in which it was considered that children should be seen and not heard the preceding demands were not at all unusual and regularly demanded at our family dinner table. In the not-so-distant past children were viewed as empty vessels in need of being filled with knowledge and “manners”. Their role was not to question but to accept the guidance, wisdom and discipline of knowing adults. Our view of childhood, however, has evolved. Today we recognise that children play an active role in their own lives and development. Instead of viewing children as human becomings we recognise them as human beings, as citizens, and like all citizens, children hold rights. In 1992 Ireland ratified the United Nations Convention on the Rights of the Child (CRC). Amongst other rights, this treaty affords children the right to be heard. ...
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Kristin, Debby, and Chloryne Trie Isana Dewi. "THE RIGHTS OF CHILDREN REFUGEE IN TRANSIT COUNTRY UNDER THE CRC, A CASE OF INDONESIA: AN INTENDED NEGLIGENCE?" Padjadjaran Journal of International Law 5, no. 1 (January 30, 2021): 114–36. http://dx.doi.org/10.23920/pjil.v5i1.349.
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AbstractCivil wars in Middle Eastern countries and several countries in Africa have resulted in an increased influx of refugees seeking refuge in Indonesia every year. Although Indonesia is not their final destination, they prefer to wait in a transit country rather than experience terror and persecution in their home country., As a non-signatory country to the 1951 Geneva Convention, for humanitarian reasons, Indonesia allows those people who already in the territory of Indonesia to temporary stay until they status are clear. 28% of the refugees registered with the United Nations High Commissioner for Refugees (UNHCR) in Indonesia are under 18 years of age. Being a refugee child in a transit country keeps them away from the threat of war crimes in their country, nonetheless it turns out that there are basic rights that cannot be fully fulfilled. The 1989 Convention on the Rights of the Child (CRC) regulates state obligation to fulfil the rights of the child in any situation without discrimination. Indonesia as a transit country and state party to the CRC facing dilemma in assisting the child refugees. This article will analyse whether Indonesia has responsibility for child refugee in its jurisdiction as regulated in the CRC. By research, Indonesia can be considered fail to conduct its obligation under CRC. Hence Indonesia can be held responsible for its negligence in complying its obligation under the CRC. Nonetheless, there are measures that can be taken by the Indonesian Government through cooperation with international communities as well as corporations to tackle the challenges in implementing the CRC particularly in regards to refugee children. Keywords: Basic Rights, Refugee Children, State Responsibility
AbstrakPerang sipil di negara Timur Tengah dan beberapa negara di Afrika menghasilkan gelombang pengungsi yang mencari perlindungan ke Indonesia meningkat setiap tahunnya. Mereka lebih memilih untuk menunggu di negara transit daripada harus merasakan teror dan persekusi di negara asalnya. Indonesia bukan negara peserta Konvensi Jenewa 1951, namun dengan alasan kemanusiaan menampung untuk sementara para pencari suaka sampai status mereka jelas berdasarkan penilaian UNHCR. Sebesar 28% dari pengungsi yang terdaftar di United Nations High Commissioner for Refugees (UNHCR) Indonesia berumur di bawah 18 tahun. Menjadi anak yang berada di negara transit memang menjauhkan mereka dari ancaman kejahatan perang di negaranya, namun ternyata tidak seluruh hak asasi mereka dapat dipenuhi di negara transit. Konvensi Hak Anak 1989 mengatur kewajiban negara untuk memenuhi hak asasi anak dalam situasi apapun tanpa diskriminasi. Indonesia sebagai negara transit dan juga a peratifikasi Konvensi Hak-hak Anak 1989 (KHA) menghadapi dilema dalam menghadapi anak-anak pencari suaka. Artikel ini akan menganalisa apakah Indonesia melakukan pelanggaran terhadap pemenuhan hak bagi para pengungsi anak sehingga dapat dikenai tanggung jawab negara. Indonesia dapat dikatakan gaal dalam memenuhi kewajibannya berdsarkan KHA sehingga dapat diminta pertanggungjawaban atas kelalalainya. Namun terdapat berbagai upaya yang dapat dilakukan oleh pemerintah Indonesia dengan bekerjasama dengan berbagai Lembaga internasional maupun nasional serta perusahaan untuk mengatasi permasalahan dalam penerapan KHA terutama terkait hak pengungsi anak.
Kata Kunci: Hak-Hak Dasar, Pengungsi Anak, Tanggung Jawab Negara
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Davidson, Emma, and Laura H. V. Wright. "Realising children's rights in an ACE-aware nation." Scottish Affairs 29, no. 4 (November 2020): 538–55. http://dx.doi.org/10.3366/scot.2020.0343.
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An established body of multi-disciplinary evidence demonstrates that children and young people's lived experiences and spheres of influence are fundamental to their wellbeing and realisation of rights, with adversity suggested to have significant and long-term consequences. For the past two decades the Scottish Government has responded with a sustained strategic commitment to children and preventive policy measures. Only recently have Adverse Childhood Experiences (ACEs) assumed a prominent role in this context. A corresponding policy development in Scotland has been on children's rights, with significant steps taken towards implementing the United Nations Convention on the Rights of the Child (CRC). This has involved a focus on incorporation, with the tag line ‘making rights real’. By analysing key literature and policy documents, this article considers the extent and shape of the interconnections between these policy areas. Informed by Carol Bacchi's problem representation framework, we identify evidence of conceptual pairing. However, deep engagement in children's rights appears to be lacking, as is children and young people's active role in national ACE-policy review and development.
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Egan, Anne. "Access and the non-custodial parent in the Republic of Ireland." Northern Ireland Legal Quarterly 62, no. 2 (March 10, 2020): 199–215. http://dx.doi.org/10.53386/nilq.v62i2.416.
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Maintaining a relationship between parents and children following the breakdown of a marriage or relationship can be fraught with difficulties, particularly where acrimony exists between parents. This article explores the right of a non-custodial parent to have access to their child under Irish law and discusses the results of an interview-based study undertaken by the author using qualitative research methods. The interviewees in the study included practitioners as well as separated, divorced and unmarried fathers and mothers who outlined their views on access and the study found that the majority of non-custodial parents had some level of access to their child. The article further outlines the author’s experience of successfully applying to attend family court as a bona fide researcher and discusses some of the results of observations in those courts which reinforced the results of the interview-based study. Article 9(3) of the United Nations Convention on the Rights of the Child (CRC) states that in the event of separation of parents, it is the right of the child to maintain personal relations and contact with both parents. Article 7(1) of the Convention further supports the right of a child to be cared for by his or her parents. These articles have proved useful for fathers’ rights campaigners who advocate that they should have more contact with their children post-separation. The Convention, however, while ratified by Ireland, has not yet been incorporated into Irish law. The article concludes by examining whether the incorporation of the Convention would advance the rights of Irish children to maintain a relationship with their parents, unless such a relationship would be contrary to the children’s best interests. In light of this, this article examines the proposed wording of the Constitutional Referendum on Children which was published in early 2010 and assesses what impact the passing of such a referendum would have on children’s rights in Ireland.
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Field, Sarah M. "UN Security Council Resolutions Concerning Children Affected by Armed Conflict: In Whose ‘Best Interest’?" International Journal of Children’s Rights 21, no. 1 (2013): 127–61. http://dx.doi.org/10.1163/15718182-5680023.
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The agreement by the Security Council to adopt thematic resolutions on children is a powerful expression of our collective commitment to children and their rights: specifically to ensuring children’s right to protection from serious violations of international law. Still history is replete with examples of protectionism by powerful decision-makers; not all follow a rights-based approach as entrenched within international human rights law. The objective of this paper is to investigate the decision-making processes and related outcomes of the Security Council from the perspective of international law. At the core of this investigation is an analysis of two interconnected dynamics: first the extent to which the Council is bound – under the Charter of the United Nations – by the Convention on the Rights of the Child (CRC); and second the extent to which the Council is in compliance with these obligations. This includes de-constructing the resolutions from the perspective of the procedural right of the best interests of the child and also assessing the outcomes with reference to the Council’s primary responsibility – the maintenance of peace and security. Attentive to the normative power of the Security Council’s decisions and recommendations, the paper cuts deeper to investigate: (i) the legal effects of the resolutions for the development international law relating to children and (ii) the consequences for children’s right to protection from serious violations of international law – present and future.
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Moore, Shannon. "CONSTRUCTING CRITICAL CITIZENSHIP WITH YOUNG PEOPLE: ALTERNATIVE PEDAGOGIES." International Journal of Child, Youth and Family Studies 2, no. 3/4 (July 8, 2011): 494. http://dx.doi.org/10.18357/ijcyfs23/420117764.
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<p>The authors present theoretical and empirical arguments for adopting the United Nations Convention on the Rights of the Child (or CRC) to renew the teaching of citizenship to young students from a social justice standpoint (Giroux, 2003; Giroux & Searls-Giroux, 2004; Mitchell, 2010; Moore, 2008; Smith, 2007). The paper draws its analysis and conclusions from a descriptive, exploratory study with key participants from a 2009 rally hosted by Nobel nominee, child rights activist, and founder of <em>Free the Children</em>, Craig Kielburger. Four of the paper’s co-authors were senior elementary students initially chosen as interviewees for the investigation and subject to traditional research protocols for minors. During data collection, however, their status shifted reflexively to include their contributions – not as objects under study or subjects of the interviewer’s questions – but as co-constructors of new knowledge. Relative to the dominance of their teachers and other adult groups “engaging” their participation, this new status allowed a deeper exploration of the meanings they attached to active citizenship through an innovative dialogue (see Kellett & Ward, 2008; Kellett, Forrest, Dent, & Ward, 2004; also Devine, 2002). Through participatory lenses embedded within CRC principles, particularly Article 12, the analysis transcends traditional disciplinary silos to offer a critical and transdisciplinary alternative pedagogy.</p>
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Kumar, Shailesh. "Shifting Epistemology of Juvenile Justice in India." Contexto Internacional 41, no. 1 (April 2019): 113–40. http://dx.doi.org/10.1590/s0102-8529.2019410100006.
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Abstract The conception of juvenile justice has its ontological root in the internationalisation of childhood and construction of children as a distinct social class. The Euro-centric vision of children as rights-possessors that informed the United Nations Convention on the Rights of the Child (CRC) (1989) transformed the epistemology of juvenile justice. India ratified the CRC in 1992, and defined ‘child’ uniformly, irrespective of sex, unlike in the past, thereby challenging its gendered subjectivity of ‘female child.’ Such an emergence of a new modality of delivering juvenile justice that I see as the epistemic shift did not last long, and one gory incident, alongside mediatised demonisation of male children, and brewing social discontent on women’s safety, changed its landscape. This paper foregrounds an analysis of the role of gender in juvenile justice jurisprudence from the colonial period to the present time. Reflecting on the populist punitiveness at play, it talks about the Indian state’s poverty of understanding of children’s rights. Mapping legislative, juridical and political dimensions of the journey of the juvenile justice framework in India, the paper shows how construction of gendered notions of a particular group of male child offenders has resulted in the punitive turn of the juvenile justice system in India. It further unpacks the potentiality of repercussions of such punitiveness, and offers reasons as to why a retributive response by the state is a step backwards in reforming juvenile delinquents. Overall, it narrates the story of a political-systemic failure to deal with an important social issue, which may act as a lesson to be learnt with respect to the child governance framework, both for the countries in South Asia and the wider global South.
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Chaney, Paul. "Civil Society Perspectives on Children’s Rights in the Occupied Palestinian Territories." International Journal of Children’s Rights 30, no. 1 (February 14, 2022): 7–40. http://dx.doi.org/10.1163/15718182-30010003.
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Abstract “This study analyses civil society organisations’ (cso s’) discourse on children’s rights in the Occupied Palestinian Territories (opt). This is a troubled context, for Israel – the ‘State Party’ to the United Nation’s Convention on the Rights of the Child (crc), disputes that its obligations extend to the opt. In consequence, there has been a dearth of official data and scholarly attention to the situation. Discourse analysis of cso s’ reports to the UN’s monitoring mechanism, the Universal Periodic Review (upr), shows children are affected by a raft of violations including: sexual abuse, violence and inadequate access to health and education. The Israeli state’s engagement with the upr, whilst denying responsibility for the opt, raises questions about legitimation and performativity. The pathologies are compounded by state repression of civil society meaning that the upr is a singular means of highlighting children’s rights abuses in the Occupied Territories.
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Santoso, Muhamad Abdul Fatah. "The rights of the child in Islam: their consequences for the roles of state and civil society to develop child friendly education." Indonesian Journal of Islam and Muslim Societies 7, no. 1 (June 1, 2017): 101. http://dx.doi.org/10.18326/ijims.v7i1.101-124.
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Islam as a religion concerned with justice and respect places great emphasis on human rights and responsibility. Child as a small human also has certain rights categorized into social, educational and financial rights. The social rights are divided into two categories: before birth and after birth. The social rights before birth includes right to noble parent having character and right to unborn child while the social rights after birth includes rights to lineage, suckle and nutrition, and being received by the Muslim society. The educational rights cover rights to life, general care and socialization as well as basic education, just and equal treatment, and physical education. The financial rights encompass rights to livelihood, property and inheritance. Such rights of the child guaranteed by Islam absolutely have relevance with the Convention on the Rights of the Child (CRC) adopted by the United Nations General Assembly in 1989. For enabling children to enjoy their rights, parental care plays role as a main foundation. But state and civil society organization also have key roles to play in this regard. A child friendly education may be a manifestation of social responsibility of state and civil society organization to respect and fulfill the rights of child. Such education provides a safe, clean, healthy and protective environment as well as meaningful learning for children with diverse abilities and backgrounds. Islam sebagai agama yang memperhatikan keadilan dan penghormatan memberikan penekanan yang tinggi pada hak asasi manusia dan tanggung jawab. Anak sebagai manusia kecil juga memiliki hak-hak yang dikategorisasikan ke hak-hak sosial, pendidikan, dan financial. Hak-hak sosial terbagi ke dalam duakategori: sebelum dan sesudah kelahiran. Hak-hak sosial sebelum kelahiran mencakup hak mendapatkan orangtua yang baik dan memiliki karakter, dan hak untuk tidak digugurkan dari kandungan, sementara hak-hak sosial sesudah kelahiran berupa hak mendapat silsilah keturunan yang jelas, hak mendapat air susu ibu dan gizi, dan hak diterima sebagai warga masyarakat Muslim. Adapun hak-hak pendidikan meliputi hak untuk hidup (sebagai prasyarat), hak memperoleh pengasuhan umum, hak sosialisasi, sebagaimana juga hakpendidikan dasar, hak perlakuan yang adil dan setara, serta hak pendidikan fisik. Sedangkan hak-hak finansial terdiri dari hak mendapatkan nafkah, hak memiliki harta, dan hak memperoleh warisan. Hak-hak anak yang dijamin oleh Islam tersebut ternyata relevan dengan Konvensi Hak-hak Anak yang disepakati dalam Sidang Umum Perserikatan Bangsa-bangsa (PBB) pada 1989. Untuk memungkinkan anak mendapatkan hak-haknya, perlindungan orangtua memainkan peranan sebagai landasan utama. Namun, dalam hal ini negara dan organisasi masyarakat sipil dapat juga memainkan peranan masing-masing. Pendidikan ramah anak dapat menjadi suatu perwujudan tanggung jawab sosial negara dan organisasi masyarakat sipil dalam menghormati dan memenuhi hak-hak anak. Pendidikan tersebut memberikan suatu lingkungan yang aman, bersih, sehat, dan protektif, serta pembelajaran penuh makna bagi anak-anak dengan keanekaragaman kemampuan dan latar belakang.
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Farzana, Kazi Fahmida, Siti Darwinda Mohamed Pero, and Muhammad Fuad Othman. "The Dream’s Door: Educational Marginalization of Rohingya Children in Malaysia." South Asian Journal of Business and Management Cases 9, no. 2 (February 20, 2020): 237–46. http://dx.doi.org/10.1177/2277977920905819.
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In Malaysia, refugees remain mostly invisible and face various challenges in terms of protection, healthcare and education. They are often preserved as ‘illegal immigrants’, therefore always at risk of arrest, detention, punishment and deportation. The worse sufferers of these are the children and youth, who are also considered to be illegitimate and deprived of rights including the right to education. This is a case study of a young Rohingya refugee man whose dedication and struggles, despite his problematic identity imposed by various authorities, continue to find a way out and serve fellow refugees through a community organization. However, the dream to have an education and flourish as a full-fledged human being remains a far cry for those marginalized, underprivileged Rohingya refugees and their children. Their experience in Malaysia is far from exceptional, of the sufferings that refugees are forced to bear in many countries in South and Southeast Asia. Nonetheless, this case aims to facilitate the basic understanding of displacement, the refugee situation, international law and particularly refugee children’s rights to education. It provides a deeper understanding of the root causes of Rohingya’s current ‘stateless’ situation in Malaysia, identifies the challenges faced by a refugee community organization, refugee children’s struggles and rights to education. It initiates thoughts to examine the government policies and look for alternative strategies that may benefit the refugee children as well as the national development in the long run. Dilemma: Are Rohingya in Malaysia ‘refugees’ or ‘economic migrants’? Should the children of Rohingya be given access to education? Should Malaysia sign the 1951 Refugee Convention? Theory: Statelessness theory Type of the Case: Experience-based applied single case study Protagonist: Present Options Malaysia can take the stand that being nonsignatory to the 1951 Refugee Convention and its 1967 protocol, it is not bound to come up with policies for refugees. By providing ‘temporary’ shelter to a significant number of refugees and asylum-seekers, Malaysia has done enough for the refugees. At the international level, Malaysia is considered to be sympathetic towards refugees. Refugee and asylum seekers’ presence has been exerting pressure on Malaysian culture and society. In contrast, refugee and migration issues are receiving attention from the government and civil society in Malaysia. Former government has tried to adopt some policies like providing short-term work permit for a small number of registered Rohingya refugees in certain plantations and manufacturing sectors on an experimental basis to avoid social and economic risks posed by unemployed refugees. Malaysia should sign the 1951 Refugee Convention and its 1967 protocol because it is a member of the United Nations (UN) and party to many other major international human rights documents such as Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) and Convention on the Rights of the Child (CRC) to name a few. Discussions and Case Questions What are the root causes of Rohingyas’ current statelessness situation and how should the Malaysian government tackle the issue? What are the challenges faced by Rohingya community organizations in integrating with the society? Should Malaysia look at improving the Rohingya children’s access to education or the community should take on the responsibility?
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Wijngaarde, R. O., I. Hein, J. Daams, J. B. Van Goudoever, and D. T. Ubbink. "Chronically ill children’s participation and health outcomes in shared decision-making: a scoping review." European Journal of Pediatrics 180, no. 8 (April 5, 2021): 2345–57. http://dx.doi.org/10.1007/s00431-021-04055-6.
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AbstractBased on the United Nations Conventions on the Rights of the Child (CRC), it is a child’s right to participate in all matters concerning its wellbeing. Little is known about chronically and/or critically ill children’s participation in pediatric shared decision-making (SDM). We explored medical literature to see if and how these children participate in pediatric SDM. We searched relevant medical databases published between January 2008 and January 2020 for studies targeting children aged 4–18 years old, suffering from a chronic and/or critical disease. We found 9 relevant studies. SDM interventions mostly used were decision aids (n=8), questionnaires for caretakers/parents and children (n=4), and a SDM toolkit (n=2). Perceived involvement in SDM and knowledge increased amongst children, adolescents, and caretakers following these interventions. Decisional conflict measured using the 0–100 point DCS scale (higher scores indicate more decisional conflict) was reduced by 15.9 points in one study (p<0.01) and 17.8 points in another (95%CI: 13.3–22.9). Lower scores were associated with higher satisfaction with the decision aid by children, caretakers, and clinicians.Conclusion: Stakeholders should advocate initiatives to facilitate a child’s participation preferences regarding pediatric SDM since decision support tools help chronically ill children to be more involved in SDM as they increase the children’s knowledge and satisfaction and reduce decisional conflicts. What is Known:• Decision aids can help improve participation, knowledge, satisfaction, and health outcomes.• Quality and consistency of the information exchange impact quality and outcome of SDM. What is New:• Depending on a child’s age, evolving capacities, and communication and participation preferences, more evidence is needed on which tools are suitable for chronically ill children to ensure their preferred participation in pediatric SDM.• Pediatricians adopt healthcare SDM tools and techniques that do not always take into account that a child’s right to participate in pediatric SDM including the tendency to use interventions that are not specifically designed for pediatrics.
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Goldhagen, Jeffrey. "Children’s Rights and the United Nations Convention on the Rights of the Child." Pediatrics 112, Supplement_3 (September 1, 2003): 742–45. http://dx.doi.org/10.1542/peds.112.s3.742.
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The Issue. Disparities and inequities characterize the health and social well-being of children in the United States and the United Kingdom. Children’s rights and the United Nations Convention on the Rights of the Child are among the most powerful tools available to respond to and increase the relevance of pediatrics to contemporary disparities and determinants of child health outcomes. The articles of the convention establish the framework for a redefinition of what constitutes child health. The convention establishes a template for child advocacy, a matrix for establishing new approaches to health services, a curriculum for professional education, and a set of challenges for future child health outcomes and health systems research.
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Cohen, Cynthia Price. "United Nations: Convention on the Rights of the Child." International Legal Materials 28, no. 6 (November 1989): 1448–76. http://dx.doi.org/10.1017/s0020782900017228.
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Asamoah, Yvonne. "United Nations Convention on the Rights of the Child." Journal of Multicultural Social Work 1, no. 1 (November 29, 1990): 101–4. http://dx.doi.org/10.1300/j285v01n01_08.
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McGOLDRICK, DOMINIC. "THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD." "International Journal of Law, Policy and the Family" 5, no. 2 (1991): 132–69. http://dx.doi.org/10.1093/lawfam/5.2.132.
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D'Sa, Rose. "The United Nations convention on the rights of the child." Commonwealth Law Bulletin 19, no. 3 (July 1993): 1274–83. http://dx.doi.org/10.1080/03050718.1993.9986304.
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Brems, Eva. "Ethiopia Before The United Nations Treaty Monitoring Bodies." Afrika Focus 20, no. 1-2 (February 15, 2007): 49–74. http://dx.doi.org/10.1163/2031356x-0200102004.
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Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights; ‒ The Convention on the Elimination of all Forms of Discrimination against Women; ‒ The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; ‒ The Convention on the Rights of the Child; ‒ The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state – Ethiopia – with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.
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Sutherland, Elaine E. "The Enigma of Article 5 of the United Nations Convention on the Rights of The Child." International Journal of Children’s Rights 28, no. 3 (August 24, 2020): 447–70. http://dx.doi.org/10.1163/15718182-02803008.
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Abstract The United Nations Convention on the Rights of the Child sets the gold standard for the rights of children and young people, placing the obligation on States parties to ensure their realisation. Since most children live in families, recognising their rights has implications for other family members, particularly their parents. Article 5 creates a framework for balancing the rights and obligations of the parties – the child, the parents and the state – in this triangular relationship, requiring States parties to respect the right of parents to direct and guide the child in the exercise of Convention rights. Yet other Convention provisions address the parties’ roles, calling into question the need for Article 5. This article sets the scene for those that follow in this issue, exploring what the drafters of the Convention were seeking to achieve in Article 5 and highlighting issues that proved controversial, before focussing on the work of the United Nations Committee on the Rights of the Child to drill down into its content and address its place in the Convention.
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Schaaf, Robert W. "Compendium of United Nations Norms in Criminal Justice." International Journal of Legal Information 18, no. 3 (1990): 221–23. http://dx.doi.org/10.1017/s0731126500006740.
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Included among the documentation prepared for the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana August 27-September 7, 1990, is an item that should be of interest to readers of this journal. This is a Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice. Issued with the date May 11, 1990, the document carries the symbol A/CONF.144/INF.2 and covers 140 pages. Part I on “Crime Prevention and Criminal Justice” includes the text of 22 norms and standards and runs to 80 pages. Part II, entitled “Human Rights,” is not detailed here, but includes the texts of the Universal Declaration of Human Rights and the two International Covenants—on Economic, Social and Cultural Rights and on Civil and Political Rights (instruments collectively known as the International Bill of Human Rights). Also included in Part II are the two optional protocols to the Covenant on Civil and Political Rights, the Convention against Torture, the recently adopted Convention on the Rights of the Child (see below) and two other norms concerning the rights of prisoners.
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Tang, Kwong-Leung. "Implementing the United Nations Convention on the Rights of the Child." International Social Work 46, no. 3 (July 2003): 277–88. http://dx.doi.org/10.1177/00208728030463002.
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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.
Full textAbstract:
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.”