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1
Rayner, Moira. « Law Reform and Children’s Rights ». Children Australia 16, no 3 (1991) : 4–6. http://dx.doi.org/10.1017/s103507720001316x.
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I wasn’t born a Commissioner for Equal Opportunity. I spent my formative years as a child, and my re-educative years as a lawyer, a teacher of law, and a law reformer.As a child I swore that I would never be as insensitive to children’s needs and desires as adults were being to mine. As I became an adult I realised the seductive truth that it is much more reasonable, and pleasurable it was, to assert my assessment of children’s best interests over their own.
2
Field, Sarah M. « Law of Peace and Children’s Right to have Rights ». International Journal of Children’s Rights 27, no 3 (9 août 2019) : 425–54. http://dx.doi.org/10.1163/15718182-02703001.
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International law’s affirmation of everyone’s right to have rights came into being through a peacemaking process. Its deprivation continues to typify the emergent context that brings peace processes into being – and for some cohorts of the people, namely children, the process itself. The right is intuitively seductive. It resonates as self-evident: an inexorable abstraction of having rights. Yet it is also enigmatic and challenging to concretise. What is its content? What substantive rights are expressive of this right? What is their scope in peacemaking? And why is it – above for example more corporeal rights – so fundamental? Guided by these questions, the paper begins by reflecting on the right as crystallised by Hannah Arendt: it then shifts to reflecting on, first, its expression in international law and, second, its interrelations with the law of peace. In doing so, it yields legal and political opportunities for ensuring the right in peacemaking, and imagines a framework of evolving measures for bringing the right to life in the staged process. The paper concludes by arguing renewing engagement with this understated right offers a beacon for guiding responses to the complex child rights challenges yielded by peacemaking – and our interdependent and fragile twenty-first century world more generally.
3
Ross, Hamish. « Children’s Rights and Theories of Rights ». International Journal of Children’s Rights 21, no 4 (2013) : 679–704. http://dx.doi.org/10.1163/15718182-02104001.
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This essay revisits themes touched upon in an influential debate on the nature of rights between two of the leading jurists of the past century – H. L. A. Hart and Neil MacCormick. Consideration is given to how MacCormick uses children’s rights as a basis for a critique of Hart’s version of the will theory of rights towards support of MacCormick’s version of the rival interest theory of rights. While MacCormick argues, in some respects persuasively, that children’s rights and ‘rights’ apparently grounded in the criminal law present significant challenges to Hart’s version of the will theory of rights, these challenges – including the notion that Hartian will theory, in a sense, ‘disenfranchises’ children – are shown to have less force in the light of careful reassessment. It is also maintained that MacCormick’s version of the interest theory is itself significantly challenged by difficulties, including possible conflicts of interest, inherent in practical mechanisms – such as those enabling adult representatives to act on behalf of children – which the law provides to ensure that children’s rights may be properly exercised.
4
Novenanty, Wurianalya Maria. « Between Human Rights and Justice Principle in Children’s Civil Rights ». MELINTAS 32, no 2 (31 août 2017) : 132. http://dx.doi.org/10.26593/mel.v32i2.2675.132-147.
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Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as legitimate child. The reason behind such decision is the human rights which should apply nondiscriminative principle. Some parties disagree with the reasoning behind this decision. They consider the decision unjust and that it violates social and religious norms in giving illegitimate and legitimate children the same rights in spite of the status difference. The author will discuss children’s civil rights based on civil law, human rights, and justice principle in Indonesia.
5
van Daalen, Edward, Karl Hanson et Olga Nieuwenhuys. « Children’s Rights as Living Rights ». International Journal of Children’s Rights 24, no 4 (20 décembre 2016) : 803–25. http://dx.doi.org/10.1163/15718182-02404006.
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In this article we propose the notion of living rights to highlight that children, whilst making use of notions of rights, shape what these rights are, and become, in the social world. Emphasising children’s agency in living with and through their rights facilitates empirical enquiry, and moves the vectors of the debate on what children’s rights are to the interplay between how children understand their rights and the way others translate and make use of rights claims on children’s behalf. The argument builds upon a case study in Yogyakarta, Indonesia, where street children, claiming the right to safely live and work on the streets, were involved in a successful campaign against an anti-vagrancy draft law. However, the subsequent new legislation – although in line with international children’s rights standards – ignored their claims and offers little for those street children who do not want to be “rescued”.
6
Arce, Matías Cordero. « Maturing Children’s Rights Theory ». International Journal of Children’s Rights 23, no 2 (9 juin 2015) : 283–331. http://dx.doi.org/10.1163/15718182-02302006.
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Children’s rights research is an under-theorised field of studies. The Convention on the Rights of the Child (crc) has gained the status of source and (“theoretical”) framework of research, policy and practice, thus making most research efforts a matter of discussing implementation. This paper wishes to advance a critical, that is, politically committed theoretical agenda for children’s rights research that is not bounded by the institutional framework (i.e. crc) but intends to freely think it. Programmatically, it delves on the following issues, that call for further research, of the like that might start filling in this theoretical void: the position of children’s rights research within the wider interdisciplinary field of childhood studies, children’s citizenship (instead of “participation”), the normative legitimacy of children’s rights/laws, children’s law as a branch of antidiscrimination law, and the necessary independence of children’s laws from children’s sciences.
7
DeLaet, Debra L. « Genital Autonomy, Children’s Rights, and Competing Rights Claims in International Human Rights Law ». International Journal of Children’s Rights 20, no 4 (2012) : 554–83. http://dx.doi.org/10.1163/15718182-55680007.
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Claims that genital autonomy should be considered a human right call into question medically unnecessary genital alterations, including genital cutting of both boy and girl children, the forced or coerced circumcision of adults, and surgical alterations performed on the genitals of intersex children prior to the age of consent. To date, global norms suggest only a narrow applicability of any right to genital autonomy. International organizations, states, and non-governmental organizations increasingly condemn genital cutting of girls and women but generally tolerate both the genital cutting of boys and men and the surgical alteration of the genitals of intersex children. In examining assertions that genital autonomy should be considered a human right, the article considers competing rights claims, including religious and cultural rights, parental rights, and contending perspectives on health rights. Ultimately, this article highlights the limitations of international human rights law as a tool for promoting a right to genital autonomy.
8
KAPSALYAMOV, Kairat, Saule KAPSALYAMOVA, Dinara OSMANOVA, Baurzhan ZHUZBAEV et Bakhyt ZHUSIPOVA. « International Legal Regulation of the Children’s Rights ». Journal of Advanced Research in Law and Economics 10, no 7 (31 décembre 2019) : 2002. http://dx.doi.org/10.14505/jarle.v10.7(45).08.
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This research discusses the urgent problems of regulating children’s rights at the global level. The goal is a comprehensive theoretical analysis of the children’s rights and their normative consolidation in international law; studying the effectiveness of protection mechanisms and the development of theoretical and practical proposals directed to improving the measures taken by Kazakhstan in this direction. The methodological basis of the study forms historical and comparative legal methods, which involved the analysis of scientific works on the issues of sociology, psychology, economics and law. At the same time, research methods include logical and systematic analyzes. The primary sources of information were laws and regulations defining the development aspects of the institution responsible for protecting the rights of children.
Analyzing the situation in Kazakhstan showed that there are sufficient issues to be addressed. For instance, it is necessary to ensure that all children have the right to receiving high-quality educational services such as preschool organizations. Moreover, the existing ones should be modernized, and their total number should be increased. In villages, it is necessary to establish ungraded schools according to the desire of the people. The research results can be applied in the legal education system in studying the children’s rights; as well as in professional legal and pedagogical educational institutions, in the study of subjects such as ‘Human Rights’ and ‘Children's Rights’.
9
Alderson, Priscilla. « Giving Children’s Views “Due Weight” in Medical Law ». International Journal of Children’s Rights 26, no 1 (7 mars 2018) : 16–37. http://dx.doi.org/10.1163/15718182-02601001.
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Article 12 with its concern to give “due weight” to children’s views involves potential contradictions between human rights to self-determination and children’s rights. A set of conditions in Article 12 turns rights into highly qualified permissions that can transfer agency and control from children onto adults. These are further complicated by reports by the un Committee on the Rights of the Child and others that position children’s best interests against their expressed views, and by contrasting standards set by national laws and guidance. Theories about children’s rights in medical law differ from actual practice in reported cases, which are influenced by long-standing theories about childhood in philosophy and psychology that disregard realities in children’s lives. Barriers to due respect for children’s views in medical law and practice that need to be addressed are summarised.
10
Erlings, Esther. « Is Anything Left of Children’s Rights ? » International Journal of Children’s Rights 24, no 3 (24 octobre 2016) : 624–56. http://dx.doi.org/10.1163/15718182-02403008.
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In this article it is argued that parental responsibility offers a weak basis for the protection of children’s rights due to its emphasis on (1) responsible parents’ determinations of welfare and (2) the concomitant nature of rights to duties. Based on these two premises, courts have often either neglected children’s rights, or have subordinated them to the rights of duty-holders (parents) when deciding on matters falling within the scope of parental responsibility. Recently, a third limitation on children’s rights has been added: theapplicationof a (non-derogable) right held by the child can now be prevented following an exercise of parental responsibility in circumstances where the child’s right would otherwise apply. The argument is therefore made that parental responsibility as applied under English law erodes children’s rights, leaving little left but the rhetoric surrounding them.
11
Nissen, Ellen. « A Children’s Rights Perspective to Ruiz Zambrano and Chavez-Vilchez : An Examination in Light of Theory, Practice and Child Development Research ». European Journal of Migration and Law 23, no 1 (18 mars 2021) : 68–101. http://dx.doi.org/10.1163/15718166-12340095.
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Abstract This contribution demonstrates that the CJEU cases Ruiz Zambrano and Chavez-Vilchez are particularly significant from a children’s rights perspective. The article connects these two judgments and their implementation in the national Dutch context, with three commonplace themes from children’s rights literature; (1) the child as an equal bearer of rights, (2) the child as a distinct bearer of rights, and (3) the important role of developmental research. This perspective shows that the approach adopted by the CJEU with regard to the EU citizen child is paradigm shifting, as it breaks with dominant approaches in fundamental rights law and immigration law which historically place parental rights front and centre. The contribution demonstrates that the importance of this shift cannot be underestimated, because it provides the contested notions of children’s rights and the Convention on the Right of the Child (CRC) with both legitimacy and meaning.
12
TURCZYK, MAŁGORZATA. « REALISING THE CHILD'S RIGHTS IN EARLY CHILDHOOD IN THE CONTEXT OF CHILDREN’S SOCIAL PARTICIPATION : THE CASE OF THE CHILD’S RIGHT TO A FAMILY ». Society Register 5, no 2 (15 mai 2021) : 69–82. http://dx.doi.org/10.14746/sr.2021.5.2.05.
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The article presents the need to make the culture of children's rights fundamental from the earliest years of their lives, given the idea of children's social participation. Creating and practising such a culture throughout childhood is a task that requires not only a thorough knowledge of the child’s rights among both parents and teachers but also the wider acceptance of these ideas and the creation of the right environment for sharing and speaking up for them both at home and in early education settings. The academic and colloquial discourse on parental practices and institutional childcare often overlooks the dimension/significance of recognising children's participation in safeguarding their human rights. Meanwhile, the processes of early normative socialisation are of great importance to their development and their future attitudes towards law in general and towards their human rights and others' rights. Social participation is where the child can experience his or her rights and learn about respecting others' rights. With this in mind, a question must be asked about how children's rights are realised in early childhood in the context of their participation in the socialisation process. The author uses the example of the child’s right to a family as a lens to observe how the idea of the children’s participation in securing children’s rights may be realised or violated. The article is based on an analysis of the subject's literature, in which legal discourse and teachings on child-rearing and early education are used as the interpretative context.
13
Mol, Charlotte. « Children’s Representation in Family Law Proceedings ». International Journal of Children’s Rights 27, no 1 (16 février 2019) : 66–98. http://dx.doi.org/10.1163/15718182-02701001.
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In the debate on child participation in family law proceedings, a pertinent question is whether or not to provide children with representation and if so, how to provide it. Article 12 of the United Nations Convention on the Rights of the Child (uncrc) provides minimum standards for the child’s right to express views and to do so, in judicial proceedings, through a representative. This article takes these minimum standards as a yardstick to evaluate the legal frameworks of child representation in the family law proceedings of four jurisdictions: Australia (New South Wales), France, the Netherlands and South Africa. On the basis of a systematic legal comparison and evaluation, this article presents a “compliance report card” and concludes with new insights and questions regarding children’s representation and Article 12, uncrc.
14
Kmak, Malgorzata. « DEVELOPMENT OF CHILDREN'S RIGHTS IN POLAND – SELECTED ASPECTS ». MEST Journal 9, no 1 (15 janvier 2021) : 46–53. http://dx.doi.org/10.12709/mest.09.09.01.06.
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Children’s rights are human rights, they result from the personal dignity and uniqueness of the child as a person. They apply to every child, they cannot be stripped away or renounced. It also means that if a child has a right, the state must ensure that it can be exercised. Further, if the child has a certain right, it means that there must also be procedures to enforce it. The beginning of the international movement for the protection of children's rights dates back to 1874, when the first organization for the protection of children's rights, the New York Society for the Prevention of Cruelty to Children, was founded in The United States. In Europe, at a similar time, since 1880, international societies of criminologists, youth court judges, care for abandoned and homeless children were being established to work on relaxing the criminal law for minors or establishing educational and care facilities for children. It was in the 19th century when the rights of the child were discussed in Poland for the first time. Moral, religious, or customary norms regulated children’s place in the community. However, the development of these rights was a long process that had started in Poland much earlier. The article aims to present selected historical situations affecting the development process and the current state of children's rights in Poland.
15
Trihastuti, Nanik, et Stephanie Apsari Putri. « REPOSITION OF CHILD PROTECTION THROUGH THE ENFORCEMENT OF HUMAN RIGHTS AND CONSTITUTIONAL RIGHTS ». Jurnal Hukum dan Peradilan 9, no 2 (30 juillet 2020) : 314. http://dx.doi.org/10.25216/jhp.9.2.2020.314-335.
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The number of violations of children’s rights in the form of exploitation and violence against children is increasing in Indonesia. The increase is due to the lack of understanding of children’s rights from related parties. Repositioning children’s rights is needed because children need a specific right and specific protection under a specific human rights framework, so that they do not lose power when establishing relationships with adults; where at this point, children are very vulnerable to treatment discriminatory. The repositioning of children’s rights is carried out by making a protection and enforcement of human rights as guaranteed constitutional rights, which is based on the understanding that human rights are human rights in toto and not merely as an individual’s legal rights in their capacity as legal subjects that are legally listed in the applicable law. The failure of the government to carry out this obligation is violation by omission.
16
Williams, Jane. « Incorporating children’s rights : the divergence in law and policy ». Legal Studies 27, no 2 (juin 2007) : 261–87. http://dx.doi.org/10.1111/j.1748-121x.2007.00049.x.
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The paper examines conceptual barriers to incorporation of children’s rights – understood in the context of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, the Human Rights Act 1998 and the United Nations Convention on the Rights of the Child 1989 – in the law of England and Wales. It identifies traditions in law and policy on children and young people, and competing political imperatives which militate against effective implementation of children’s rights to protection and provision, but suggests that participative rights pose fewer problems. It argues that the scope for further judicial development is limited in the absence of substantial changes in the legislative framework. It then examines rights-based reasoning in administrative practice and considers the impact here of ideological differences between the UK Government and the Welsh Assembly Government. It considers the scope for differential implementation within the evolving devolution settlement, and the potential impact of such difference on child law and practice in the ‘single jurisdiction’ of England and Wales. It concludes by arguing for greater attention to executive as well as legislative and judicial functions, and to extra-judicial mechanisms, for promoting rights-based decision making.
17
Ferguson, Lucinda. « Not merely rights for children but children’s rights : The theory gap and the assumption of the importance of children’s rights ». International Journal of Children’s Rights 21, no 2 (2013) : 177–208. http://dx.doi.org/10.1163/15718182-55680015.
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This article aims to reinvigorate the debate over the nature and value of the claim that children have children’s rights. Whilst the language of rights and children’s rights continues to be widely employed, and even relied upon, in many situations involving the legal regulation of children we lack strong child-centred evidence that it is better to regulate children through the lens of children’s rights, rather than their ‘best interests’ or in terms of duties owed to them. My argument proceeds in four stages. First, I distinguish between rights for children and children’s rights. Understood in the sense of fundamental human rights, children are plainly rights-holders. The critical debate relates to children’s rights. Secondly, I argue that the expressive and procedural reasons for affirming that children hold children’s rights are contingent upon improved outcomes. Thirdly, I contend that we do not currently have a child-centred theory of children’s rights that improves, or increases the likelihood of improved outcomes in legal practice. This is not a claim that children do not have children’s rights. My argument critiques the current potential of both individual children’s rights and a rights-based framework of reasoning to improve outcomes for children. Finally, I argue that without a theory of children’s rights, we currently have no good evidence that it benefits children to think of them in terms of children’s rights in law. This is an optimistic conclusion as it suggests that with greater attention on making decision-making truly child-centred, or explicitly recognizing the inability to do so, the purposes for which we want to believe that children have children’s rights might be better achieved than they are at present.
18
Tobin, John. « Understanding Children’s Rights : A Vision beyond Vulnerability ». Nordic Journal of International Law 84, no 2 (1 juin 2015) : 155–82. http://dx.doi.org/10.1163/15718107-08402002.
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The idea of children’s vulnerability played a critical role in motivating the adoption of the un Convention on the Rights of a Child, but should vulnerability provide the basis for special human rights for children? Are children especially vulnerable relative to adults? This article seeks to explore the idea of children’s vulnerability in understanding the concept of children’s rights. It argues that vulnerability is not a condition peculiar to children. At the same time it recognizes that children experience special vulnerabilities relative to adults. It is these vulnerabilities that provide a justification for the special rights accorded to them under the Convention. The characterisation of children as vulnerable carries the risk that they will be defined by their vulnerabilities. To address the unintended consequences of a vulnerability paradigm, there is a need to expand the conception of children in a way that recognises their evolving capacities and right to participation.
19
Pare, Mona. « Children’s Rights Are Human Rights and Why Canadian Implementation Lags Behind ». Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 4, no 1 (23 novembre 2017) : 24–47. http://dx.doi.org/10.22215/cjcr.v4i1.1163.
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Child rights scholarship is increasingly calling for further theorization of children’s rights, and research using the Convention on the Rights of the Child as a framework is being criticized. This paper discusses children’s rights as a legal concept that is part of wider international human rights law. It recognizes the importance of critical studies and the contribution of other disciplines, but it makes a plea for not rejecting a legal reality. Children do have rights, and these are legal norms. The paper refers to Canadian practice as an example of how the lack of recognition of children’s rights as human rights can adversely affect the place of children in a country that is known for its respect for human rights.
20
Nurdina, Melista Aulia. « Implementation of Children Rights Fulfilment In Bandar Lampung Special Development Institution For Childrens ». Constitutionale 2, no 1 (23 avril 2021) : 01–12. http://dx.doi.org/10.25041/constitutionale.v2i1.2254.
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Protection of children faced in conflict with the law and undergoing a criminal period in the Special Development Institution for Children, their rights and needs must always be fulfilled. These children's rights consist of the right to education, skills guidance, health care, and others. This study aims to identify and analyze the fulfillment of children's rights that must be fulfilled in the Special Development Institution for Children. The problem in this research is children's rights that must be fulfilled in the Special Development Institution for Children. The method of implementing the fulfillment of children’s rights in the Special Development Institute for Children, factors that hinder the implementation of the fulfillment of rights in the Special Development Institution for Children. The approach to the problem used in this research is normative and empirical juridical. The data analysis in this study was conducted qualitatively. This study found that the rights of children in the Class II of Bandar Lampung Special Development Institution have been carried out well. The assisted children get formal and non-formal education; the assisted children receive self-development guidance such as hair shaving, electric welding, planting, and mind preservation. The assisted children are also free to play music, exercise, and perform worship according to their respective beliefs. Implementing the fulfillment of children's rights uses an individual approach, and its implementation uses an assessment. Officers have programs to fulfill children’s rights, such as service, guidance, implementation, and supervision. The author suggests that Class II of Bandar Lampung Special Development Institute’s officers can fulfill children's rights ranging from formal education, non-formal education, skills, self-development, religion, maximizing the individual approach method to assisted children so that they can know more about the backgrounds, needs, emotions and interests of these children, as well as improve the quality of existing advice and infrastructure.
21
Almog, Shulamit, et Lotem Perry-Hazan. « Conceptualizing the Right of Children to Adaptable Education ». International Journal of Children’s Rights 20, no 4 (2012) : 486–500. http://dx.doi.org/10.1163/157181812x634463.
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The contention put forward here is that a conceptualization of the right to adaptable education, derived from international human rights law, may be a key factor in interpreting and reviving the notion of multiculturalism in education. We will begin by analyzing two interrelated dimensions of the right to adaptable education: adaptability to the children’s circles of cultural affiliations and adaptability to the children’s preferences. We will continue by describing the need to balance between the right to adaptable education and other features of the right to education - available education, accessible education and acceptable education - as well as with parental rights and social interests. We will conclude by suggesting that the right to adaptable education, as it is defined by international human rights law, can be employed both as a safeguard against denying children educational rights by using the pretext of multiculturalism and as a means for furnishing the notion of multiculturalism with honed, multilayered relevance.
22
Tzouvala, Ntina. « The Holy See and Children’s Rights : International Human Rights Law and Its Ghosts ». Nordic Journal of International Law 84, no 1 (20 février 2015) : 59–88. http://dx.doi.org/10.1163/15718107-08401003.
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The revelation of a series of child abuse incidents committed by Catholic priests and other members of religious orders has given rise to the question of establishing the responsibility of the Holy See for these acts under international human rights law. This article focuses on the report issued in 2014 by the Committee on the Rights of the Child, the monitoring body of the Convention of the Rights of the Child (crc). It is argued that in order to fulfil this task we need to take three steps: first, to establish the relationship between the Vatican City state and the Hole See, a distinct and peculiar international legal subject. To do so, a historical account of the Holy See and its position within the fabric of international law is considered necessary. Secondly, this article argues that the crc was ratified by the Holy See both in its capacity as the government of the Vatican City and as a non-territorial legal subject. Hence, the application of the crc is not confined within the limited territory of the Vatican City, but ‘follows’ the authority of the Holy See irrespective of state borders. Thirdly, it is argued that the vertical, hierarchical structure of the Holy See is homologous to that of the modern state and, therefore, attribution rules can be applied by analogy in this case. The final conclusion is that it is possible to hold the Holy See responsible under the crc for acts of child abuse that occurred under its authority around the globe.
23
Mezmur, Benyam Dawit. « “Acting Like a Rich Bully” ? : Madonna, Mercy, Malawi, and international children’s rights law in adoption ». International Journal of Children's Rights 20, no 1 (2012) : 24–56. http://dx.doi.org/10.1163/157181812x608255.
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Although it may seem ironic that a policy affecting so few children should engage so much political and social attention, the symbolic significance of intercountry adoption far outweighs its practical import. A recent reminder of this fact on the African continent is the 2009 Madonna adoption case. This note considers Madonna’s second adoption of a child from Malawi in the light of international children’s rights laws. Although human rights groups have alleged that Madonna was “acting like a rich bully” in the main, Madonna’s adoption can withstand the scrutiny of children’s rights, and in fact, has contributed towards helping the discourse of children’s rights in Malawi “stumble” forward.
24
Bernuz Beneitez, Maria José, et Els Dumortier. « Why Children Obey the Law : Rethinking Juvenile Justice and Children’s Rights in Europe through Procedural Justice ». Youth Justice 18, no 1 (24 janvier 2018) : 34–51. http://dx.doi.org/10.1177/1473225417741225.
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This article explores how the idea of procedural justice can help us to rethink juvenile justice and research children’s rights in Europe differently. To frame the following argument, we will question four implications of the procedural justice perspective: 1) the need to implement rights and not just proclaim them, 2) the need to investigate a ‘double perspective’ on children’s rights implying both juvenile justice professionals and children in conflict with the law, 3) the child’s right to effectively participate and be involved in the process and 4) the idea that age matters in the judicial reaction to crime. The resulting conclusions and discussions revolve around the scientific consequences and challenges we must face when we take procedural justice perspective seriously.
25
Lynch, Nessa, et Ton Liefaard. « What is Left in the “Too Hard Basket” ? Developments and Challenges for the Rights of Children in Conflict with the Law ». International Journal of Children’s Rights 28, no 1 (10 mars 2020) : 89–110. http://dx.doi.org/10.1163/15718182-02801007.
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The 30 years since the enactment of the United Nations Convention on the Rights of the Child has seen extensive developments in the theory and practice of children’s rights. Children’s rights are now an established academic discipline with the study of children in conflict with the law being a fundamental area of analysis. This paper takes the approach of highlighting three areas of development of children’s rights scholarship in relation to the criminal justice system: children’s rights, developmental science and notable themes emerging from cross-national scholarship, including age limits, diversion, effective participation and deprivation of liberty. In addition, it analyses three gaps or challenges which are “left in the too-hard basket” for the coming decades.
26
Pike, Kenneth R. « The Trust Model of Children’s Rights ». Moral Philosophy and Politics 7, no 2 (26 novembre 2020) : 219–37. http://dx.doi.org/10.1515/mopp-2019-0040.
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AbstractIs parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is unclear who grants moral trusts, how trustees are actually selected, or how to identify proper beneficiaries. By considering these and other classical elements of relationships of trust, this essay seeks to clarify and explore the trust model’s role, if any, in understanding children’s rights. Such exploration raises the possibility that another element of common law, the duty to rescue, may serve to enhance the trust model of children’s rights.
27
Aridi, Vicky. « Finding a Legal Balance between the Right to Strike and Right to Education in Kenya ». Strathmore Law Review 5, no 1 (1 août 2020) : 85–109. http://dx.doi.org/10.52907/slr.v5i1.119.
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The teachers’ right to strike and the children’s right to education are both essential rights recognised by national and international laws in Kenya. Despite this fact, there are instances where conflicts arise between these two rights. The courts have a mandate to balance competing human rights in instances of conflict. However, whenever there has been a conflict between the two rights, Kenyan courts have issued injunctions that require public-school teachers to suspend their strike. By doing so, the courts are leaving the teachers with no effective alternative mechanism to address their pertinent needs. The question of how a balance between the teachers’ right to strike and the children’s right to education in Kenya can be attained is thus an essential concern that is at the focal point of this paper. In a bid to address this question, Kenya’s Constitution, Children’s Act, Labour Relations Act, and case law from the Court of Appeal; namely, TSC v KNUT & 3 others, are analysed to reveal Kenya’s position on the two rights and the various balancing approaches available.
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HUYNH THI TRUC, Giang. « Beginning of Protection of Children’s Rights in the Vietnamese Legal Development ». DÍKÉ 5, no 1 (1 septembre 2021) : 105–18. http://dx.doi.org/10.15170/dike.2021.05.01.07.
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In Vietnam, the government has focused on protecting children’s rights for many years, especially after the State signed the United Nations Convention on the Rights of the Child; however, whether such rights existed during the French colonial rule in Vietnam is an issue that needs to be clarified. This paper is formulated on the premise that the protection of children’s right was legislated in the Vietnamese law during the French occupation. In order to prove this position, this paper considers the laws enforced during the French colonial rule in Vietnam (1858–1945).
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Daly, Aoife. « Assessing Children’s Capacity ». International Journal of Children’s Rights 28, no 3 (24 août 2020) : 471–99. http://dx.doi.org/10.1163/15718182-02803011.
Texte intégralRésumé :
Abstract This article seeks to reconceptualise approaches to assessing children’s capacity, particularly in light of Article 5 of the crc, which enshrines the principle of the evolving capacities of the child. Professionals regularly assess children’s capacity, for example when doctors treat children, or when lawyers represent child clients. They usually do this assessment intuitively however, as there is little guidance on how assessment should work in practice. Medical law in England and Wales serves as a case study to examine law and practice as well as challenges in the area. It is concluded that it may not necessarily be possible objectively to measure children’s capacity, and it may need to be done intuitively. Yet it should be done via a process which is rights-based. An approach to children’s capacity is proposed through four concepts based on the UN Convention on the Rights of the Child: Autonomy, Evidence, Support and Protection.
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Ammann, Kira. « RIGHT AND WRONG FROM THE PERSPECTIVE OF 8- AND 12-YEAR-OLD CHILDREN : AN EXPLORATORY ANALYSIS ». International Journal of Child, Youth and Family Studies 9, no 2 (15 mai 2018) : 109. http://dx.doi.org/10.18357/ijcyfs92201818215.
Texte intégralRésumé :
Understanding rights not only means knowing what is permitted by law and what is not, but also being aware of and knowing one’s own rights as a human being. This analysis explores how children understand right and wrong, how they gain moral orientations and a sense of justice, and whether they are aware of human rights and children’s rights, and if so to what extent. Twelve children aged either 8 or 12 participated in an interview on a dilemma story, as pioneered by Kohlberg, and were also asked about children’s rights and human rights. Qualitative content analysis showed that the majority used moral judgements based on fairness and justice, taking the view that behaviour that is wrong should be duly punished. Eight children were able to make substantive statements on human rights; of the eight, three also had some knowledge of children’s rights. There were differences between the types of arguments used by the two age groups. There were also some differences between boys and girls, but they were negligible. In German-speaking countries there is little empirical research on children’s rights. Few studies have focused on the topic of human rights from the perspective of educational science, and there is also little research on moral concepts and children’s rights. What follows is therefore a first attempt to link two neglected research topics.
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Johnson, Afrooz Kaviani. « Protecting Children’s Rights in Asian Tourism ». International Journal of Children’s Rights 22, no 3 (27 octobre 2014) : 581–617. http://dx.doi.org/10.1163/15718182-02201001.
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International attention was first drawn to horrifying accounts of children being sexually exploited by foreign tourists in South East Asia in the early 1990s. This article reviews progress over the last two decades to combat this crime. With tourism reaching record levels and the relative vulnerability of children in South East Asia, I contend it is an opportune time to re-examine the response. Moving forwards, prevention initiatives must better address underlying vulnerabilities and acknowledge the indivisibility and interrelationship of children’s rights granted under international human rights law. This means broadening the response to address other disturbing violations of children’s rights in the tourism context, such as child labour and ‘orphanage tourism’. Those with the potential positively to influence the tourism environment must also be engaged in ‘child safe tourism’ as part of the wider commitment to responsible tourism and the protection of human rights.
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Todres, Jonathan. « Children and Disasters : the Essential Role of Children’s Rights Law ». Yearbook of International Disaster Law Online 2, no 1 (19 février 2021) : 177–203. http://dx.doi.org/10.1163/26662531_00201_008.
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Matthew, Midori. « The United Nations Convention on the Rights of the Child : The Good, the Bad, and the Useless ». Legal Studies Undergraduate Journal 3 (4 mars 2019) : 42–57. http://dx.doi.org/10.15353/lsuj.v3i0.434.
Texte intégralRésumé :
The United Nations Convention on the Rights of Children (UNCRC), put forth in 1989, has generated a global movement in the direction of protecting and promoting children’s rights, resulting in a paradigm change in how children are perceived under the law. While the UNCRC is the most widely ratified international human rights treaty in human history, children’s fundamental right to protection continues to be violated through actions instigated by adults, such as neglect, physical, sexual, or emotional abuse, or being coerced into marriage, wartime activities, or slavery. This is largely a result of international law having no empirical legal binding; since countries are sovereign upon themselves, without domestic enforcement by each individual signatory country, there is no obligation to abide by the terms of international treaties. Applying both a philosophical and legal framework, this paper seeks to provide a critical analysis of whether or not treaties of international law, such as the Convention on the Rights of Children (UNCRC), have an unyielded potential to spark a tangible, beneficial change in the promotion of children’s rights, or if such doctrines are nothing more than glorified pieces of lip service paid to bolster the signatory country’s face value on a global level.
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Tisdall, E. Kay M. « Challenging Competency and Capacity ? » International Journal of Children’s Rights 26, no 1 (7 mars 2018) : 159–82. http://dx.doi.org/10.1163/15718182-02601003.
Texte intégralRésumé :
Galvanised by the un Convention on the Rights of the Child, many jurisdictions have introduced or strengthened children’s rights to participate in family law proceedings. Yet, the research and legal literature continues to show difficulties in implementation. According to the literature, decisions makers frequently view children as insufficiently competent or lacking in capacity to participate in proceedings or for much weight to be given to the children’s views. This article unpicks the concepts of competence and capacity, both in relevant literature and reported case law from Scotland. The article asks three questions: What are meant by competence and capacity? How are they used? Do the concepts enhance or detract from children’s participation rights? The article finds that competence is often casually used in the literature, alternative terms are used in reported case law (such as maturity), and judging capacity remains problematic in both law and practice. The article concludes that both concepts detract from children’s participation rights, as the concepts suggest competence and capacity are inherent to the child rather than contextual and relational. If the concepts were to be used, they should be subject to more critique and precise definition. However, children’s participation rights are more likely to be furthered by alternatives, such as fresh ideas about recognising and supporting people’s legal capacity within the un Convention on the Rights of Persons with Disabilities.
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Helmholz, R. H. « Children’s Rights and the Canon Law : Law and Practice in Later Medieval England ». Jurist : Studies in Church Law and Ministry 67, no 1 (2007) : 39–57. http://dx.doi.org/10.1353/jur.2007.0047.
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Riddell, Sheila, et E. Kay M. Tisdall. « Transforming children’s rights ? Dilemmas, challenges and implementation ». Journal of Social Welfare and Family Law 43, no 1 (2 janvier 2021) : 1–7. http://dx.doi.org/10.1080/09649069.2021.1876304.
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Sloth-Nielsen, Julia, et Helen Kruuse. « A maturing manifesto : The constitutionalisation of children’s rights in South African jurisprudence 2007-2012 ». International Journal of Children’s Rights 21, no 4 (2013) : 646–78. http://dx.doi.org/10.1163/15718182-02102005.
Texte intégralRésumé :
This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as a point of departure, the study suggests that it is in the public sphere that children’s rights have had their most impact in the period under review. The article highlights eight areas of distinction in this five-year period: these include judicial approval of resource mobilisation for the fulfilment of children’s rights, emphasis on the quality of and standards in education; the development of innovative remedies to deal with unreasonable state measures affecting children, and an increasing focus on the right to dignity of the child. The authors conclude that the scope of the cases cited points to the growing insertion of children’s rights considerations in increasingly diverse areas of legal interaction. Furthermore, the authors posit that the CRC and ACRWC – together with non-binding sources of international law – have substantively informed and enriched the jurisprudence of South African courts.
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Listyarini, Dyah. « JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY ». Diponegoro Law Review 2, no 1 (28 avril 2017) : 168. http://dx.doi.org/10.14710/dilrev.2.1.2017.168-184.
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Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law. Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases
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Pelfrey, Theresa M. « A Survey : Children’s Rights Post Termination of Parental Rights and Pre‐Adoption ». Juvenile and Family Court Journal 71, no 1 (mars 2020) : 45–61. http://dx.doi.org/10.1111/jfcj.12160.
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Polonko, Karen A., Lucien X. Lombardo et Ian M. Bolling. « Law Reform, Child Maltreatment and the un Convention on the Rights of the Child ». International Journal of Children’s Rights 24, no 1 (19 avril 2016) : 29–64. http://dx.doi.org/10.1163/15718182-02401010.
Texte intégralRésumé :
Scholars and practitioners stress the need for systematic research on the implementation of the un Convention on the Rights of the Child (crc) and its potential impact on children’s rights. Our study focused on one aspect of implementation – law reform. Drawing primarily on reports to the crc Committee for 179 countries, results show for most countries, implementation is limited and focused far more on child-welfare than child-rights based legislation. The relationship of measures of law reform/legal regime (most notably, the existence of customary law and laws banning corporal punishment) to children’s experience of rights, child physical abuse and mortality, is analysed and theoretically grounded.
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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.
Texte intégralRésumé :
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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Brittle, Ruth, et Ellen Desmet. « Thirty Years of Research on Children’s Rights in the Context of Migration ». International Journal of Children’s Rights 28, no 1 (10 mars 2020) : 36–65. http://dx.doi.org/10.1163/15718182-02801008.
Texte intégralRésumé :
This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration. However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.
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Agarwal, Pukhraj. « Children’s Rights and Refugee Law : Conceptualizing Children within the Refugee Convention ». Christ University Law Journal 9, no 1 (1 janvier 2020) : 99–109. http://dx.doi.org/10.12728/culj.16.5.
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Peleg, Noam. « Illusion of inclusion : challenging universalistic conceptions in international children’s rights law ». Australian Journal of Human Rights 24, no 3 (2 septembre 2018) : 326–44. http://dx.doi.org/10.1080/1323238x.2018.1542924.
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Kelly, Fiona. « Conceptualising the child through an ‘ethic of care’ : lessons for family law ». International Journal of Law in Context 1, no 4 (décembre 2005) : 375–96. http://dx.doi.org/10.1017/s1744552305004039.
Texte intégralRésumé :
In this article I critically analyse the two historical models for conceptualising the child: the protectionist model and the children’s rights model. I argue that both models are inappropriate ways in which to conceptualise the child. Protectionism is paternalistic, essentialises the child, and denies the child a voice. Equally problematic, the children’s rights model presumes the social desirability of the liberal individual, and emphasises rights over relationships, and universal principles over concrete situations. Given the flaws inherent in these models, I propose a third way in which to conceptualise the child based on a feminist ‘ethic of care’. Drawing on the work of proponents of an ethic of care, I consider how the ethic might conceptualise the child, and how it might translate into a family law context.
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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 (24 mai 2020) : 1–26. http://dx.doi.org/10.1163/22131035-00901007.
Texte intégralRésumé :
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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Howe, R. Brian, et Katherine Covell. « Meeting the Challenge of Populism to Children’s Rights : The Value of Human Rights Education ». Journal of Human Rights Practice 13, no 1 (1 février 2021) : 45–66. http://dx.doi.org/10.1093/jhuman/huab002.
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Abstract This article analyses the rise of the new right-wing, nationalistic, xenophobic, and authoritarian populism as a challenge to children’s human rights. Informed by human needs theory, it situates the new populism in the context of globalization, economic grievances, and cultural resentment and backlash against out-groups. Fuelling the rise in support for populism has been growing existential insecurity combined with a lack of effective education on human rights. The outcome, as shown in countries where populism has come into power, has been a threat and an attack on the human rights of children, as described in the UN Convention on the Rights of the Child. An important means of meeting the challenge of populism, we contend, is comprehensive and robust human rights education in schools, underpinned by education on children’s rights. As called for by the UN Committee on the Rights of the Child, children’s rights education needs to be integrated into school curricula, policies, practices, teaching materials, and teacher training. Models of human rights education in schools are available and studies have shown positive results in promoting knowledge, understanding, and support for human rights. As described by the United Nations, through providing education about, through, and for human rights, the ultimate goal—yet to be realized—is to advance a culture of human rights. Such a culture would serve as a counter to populism.
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Hoffman, Simon, et Rebecca Thorburn Stern. « Incorporation of the UN Convention on the Rights of the Child in National Law ». International Journal of Children’s Rights 28, no 1 (10 mars 2020) : 133–56. http://dx.doi.org/10.1163/15718182-02801001.
Texte intégralRésumé :
Incorporation is amongst the legislative measures of implementation of the UN Convention on the Rights of the Child (crc) recommended by the Committee on the Rights of the Child. This article will discuss incorporation of the crc in national law. It will show how incorporation is understood in different contexts, and highlight possible tensions between child rights and international law discourse and analysis. It begins by reviewing literature on incorporation of human rights treaties before discussing how incorporation is conceptualised in the context of the crc. The focus then shifts to a review of studies that provide insights into how incorporation and legal integration of the crc impact on how children’s rights are treated in national legal systems. While primarily a commentary on the available literature, the authors reflect on the significance of incorporation and how this is understood for academic and legal analysis, and what the evidence tells us about its contribution to the realisation of children’s rights.
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Olsson, Åsa. « Children's rights in Swedish teacher education ». Human Rights Education Review 3, no 2 (21 octobre 2020) : 49–67. http://dx.doi.org/10.7577/hrer.3925.
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In 2020, the United Nations Convention on the Rights of the Child (UNCRC) was incorporated into Swedish domestic law. In the proposals for new legislation, it is emphasised that steps be taken to develop knowledge of children’s rights among professionals at all levels. This article explores the presence and status of children’s rights in Swedish teacher education. A total of 362 teacher-education course plans and syllabi at 12 universities were examined, and a questionnaire was conducted among 156 teacher educators. Although teacher educators judge knowledge around children’s rights to be important for pre-service teachers, the syllabi provide little guidance as to what knowledge pre-service teachers need. Using the framework for analysing human rights education designed by educational specialist Felisa Tibbitts, it is concluded that Swedish teacher education fits with a Values and Awareness Model, which is associated with socialisation but not with social change.
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Colliver, Yeshe, et Holly Doel-Mackaway. « Article 31, 31 Years On : Choice and Autonomy as a Framework for Implementing Children’s Right to Play in Early Childhood Services ». Human Rights Law Review 21, no 3 (5 mai 2021) : 566–87. http://dx.doi.org/10.1093/hrlr/ngab011.
Texte intégralRésumé :
Abstract Article 31(1) of the Convention on the Rights of the Child (CRC) provides all children, everywhere, with the right to play. The CRC is the most widely ratified international human rights treaty, yet children’s right to play is considered ‘the forgotten right’. The widespread State inaction to fulfil this right could be partly due to continued uncertainty about how to define play. This Article argues for the application a large body of recent research with the group most qualified to determine whether activities are play or not: young children. This research demonstrates that choice and autonomy are two universal and essential indicia for an activity to be experienced as play. The Article contends that the fulfilment of young children’s right to play would significantly increase if early childhood education and care (ECEC) institutions within States utilised these two indicia within daily programmed activities and in ECEC policies.