scholarly journals 1979: a Year of the Child, but Not of Children’s Human Rights

Diplomatica ◽  
2019 ◽  
Vol 1 (2) ◽  
pp. 202-220
Author(s):  
Linde Lindkvist
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Industrialized Countries ◽  
Political Awareness ◽  
Historical Case ◽  
Global Issues ◽  
International Agencies ◽  
Rights Of The Child ◽  
The Status

This article explores the diplomatic contestations over children’s rights in connection to the International Year of the Child (iyc) of 1979. At the time, the Year was celebrated as an outstanding success, an event which helped to heighten social and political awareness of the status of children in both developing and industrialized countries, and which brought to light a plethora of new global issues, including street children, children with disabilities and children in armed conflict. Today, the iyc is frequently reduced to a plotting point in histories charting the rise of an international discourse of children’s rights, a discourse that is intimately linked to the UN Convention on the Rights of the Child of 1989. This article shows how the concept of children’s rights was of peripheral importance to the overarching purposes of the iyc, which instead revolved around a notion of child welfare as integral to wider projects of social and economic development, either in the form of economic sovereignty or basic needs. The article then revisits the 1978–1979 UN debates on a human rights treaty for children, showing how this project initially garnered minimal support among states, international agencies and non-state actors. The article thus takes issue with teleological accounts that see the iyc primarily as a first step toward the subsequent breakthrough of children’s human rights. It also showcases how historical case studies of UN observances can be fruitful for scholars interested in the clashes and amalgamations of competing concepts and projects at an international level.

scholarly journals Juvenile Justitia and the protection of children’s rights in Europe: the practice of the European Court of Human Rights

2021 ◽  
Vol 39 (68) ◽  
pp. 167-185
Author(s):  
Mykola Bondaruk ◽  
Serhiy H. Melenko ◽  
Liubov Omelchuk ◽  
Liliya Radchenko ◽  
Anzhela Levenets
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Legal Tradition ◽  
Rights Of The Child ◽  
European Court ◽  
Analysis And Synthesis ◽  
The Status

The objective of the research is to analyze the main violations of children's rights within the European Convention on Human Rights to highlight the basic positions of the European Court of Human Rights ECHR on their protection, as well as to determine the advisability of applying the practice of this court by the European states. The methodological basis of the work consists of different methods, such as analysis and synthesis, dialectical, logical-legal and formal-legal. The result of this work allowed identifying the role of the decisions of the European Court of Human Rights as a source of European law and its importance for the protection of the rights of the child, interpreting the legal positions established in the pertinent decisions of the said court and comparing them, to justify the need for your careful observation of the practice of the ECHR in the application of the law. It is concluded that the practice of the ECHR is recognized as a source of law in most states. And although the Ukrainian legal tradition does not recognize the status of judicial precedent as a source of law, such precedents are actively used in everyday legal activity.

UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 14 (2) ◽  
pp. 109-120
Author(s):  
T N Sithole ◽  
Kgothatso B Shai
Keyword(s):  
South Africa ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Vulnerable Groups ◽  
Great Awareness ◽  
Policy Theory ◽  
Rights Of The Child ◽  
The Status ◽  
Customary Practices

Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

The Interrelated and Interdependent Nature of Children’s Rights

2020 ◽  
pp. 69-98
Author(s):  
Savitri Goonesekere
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Ad Hoc ◽  
Holistic Approach ◽  
Children's Rights ◽  
Children’S Rights ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
Global Agenda

The chapter analyses children’s human rights as universal norms and standards incorporated in the UN Convention on the Rights of the Child (CRC) that are relevant in diverse national contexts. Discussing national experiences and the quasi-jurisprudence of treaty bodies, the chapter argues that understanding the interrelated nature of the different groups of rights in the CRC is essential for effective implementation of these rights. It is suggested that the concept of the indivisibility of human rights and the global agenda of sustainable development reinforce the need for this approach. The chapter also discusses the interdependence, compatibility, and conflict between children’s rights and the human rights of other groups, such as parents, women, and a community with which a child connects as he or she grows to adulthood. The chapter argues that incorporating children’s rights in national constitutions, rather than ad hoc legislation, encourages this holistic approach to implementing children’s rights.

scholarly journals Children’s Rights in the Indonesian Oil Palm Industry: Improving Company Respect for the Rights of the Child

Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 500
Author(s):  
Stephany Iriana Pasaribu ◽  
Frank Vanclay
Keyword(s):  
Human Rights ◽  
Child Labor ◽  
Palm Oil ◽  
Oil Palm ◽  
Children's Rights ◽  
Business Case ◽  
Children’S Rights ◽  
Policy And Practice ◽  
Rights Of The Child ◽  
Social License

Although companies have many direct and indirect impacts on the lives of children, discussion of the responsibility of business to respect the rights of children has primarily focused on child labor. Using UNICEF’s Children’s Rights and Business Principles as a framework for our analysis, we considered the activities of oil palm plantation companies operating in Indonesia. Our data come from key informant interviews and reflection on two programs established to promote respect for children’s rights in the Indonesian palm oil industry: one by Pusat Kajian Perlindungan Anak (PKPA) (Center for Child Study and Protection); and one by the Roundtable on Sustainable Palm Oil (RSPO) in conjunction with UNICEF. We considered: how plantation company activities impacted children’s lives; how companies demonstrated respect for children’s rights; and how observance of children’s rights can be improved. We discuss four problematic issues: getting company commitments to children’s rights into policy and practice; having a strong business case for respecting human rights and children’s rights; contradictory objectives within companies; and complexities around children in the workplace. We argue that a children’s rights based approach should be applied to the activities of all organizations. This children’s rights lens is needed to overcome the invisibility of children in society and industry, and to address the root causes of human rights harms. We note that respecting children’s rights will likely contribute to getting a social license to operate and grow.

Meeting the Challenge of Populism to Children’s Rights: The Value of Human Rights Education

2021 ◽  
Author(s):  
R Brian Howe ◽  
Katherine Covell
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Human Rights Education ◽  
New Right ◽  
Right Wing ◽  
Training Models ◽  
Human Needs ◽  
Rights Of The Child ◽  
Important Means

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.

Introduction: Children’s Rights as Human Rights

2021 ◽  
pp. 1-4
Author(s):  
Richard P. Hiskes
Keyword(s):  
United States ◽  
Human Rights ◽  
Children's Rights ◽  
The United States ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
The Us ◽  
The World

The world does not really believe that human rights pertain to children. This is so in spite of the fact that the 1989 UN Convention on the Rights of the Child (CRC) has been ratified by all nations worldwide except for one, the United States. This book explores the reasons behind the US refusal in ...

Children's Rights, Family Rights

2011 ◽  
Vol 4 (2) ◽  
pp. 171-188
Author(s):  
Karen M. Staller
Keyword(s):  
Human Rights ◽  
Social Work ◽  
Children's Rights ◽  
The United States ◽  
Qualitative Inquiry ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
Trade Offs ◽  
Depth Study ◽  
The Relationship

In this article I explore the intersections of children's human rights, social policy, and qualitative inquiry from a social work perspective. First, I consider the relationship between human rights work and social work. Second, I argue that children add complexity to the human rights debate. In doing so, I briefly examine the conflict between children's rights as developed in the United States and that of the United Nation's Convention on the Rights of the Child. Third, I turn to a specific qualitative research project in which a team of researchers conducted an in-depth study of the prosecution of child sexual abuse in one U.S. jurisdiction. I argue that the findings from this study illustrate how qualitative inquiry can reveal conflicting and often hidden value trade-offs that must be addressed when enacting and enforcing children's human rights. This study demonstrates what qualitative inquiry has to offer policy advocates who seek to promote children's human rights.

The New Complaints Mechanism for the Convention on the Rights of the Child

2014 ◽  
Vol 22 (1) ◽  
pp. 205-225 ◽  
Author(s):  
Suzanne Egan
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
General Assembly ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Child Friendly

The un General Assembly has recently adopted a third Optional Protocol to the crc, providing for an individual complaint mechanism for children. The product of a sustained campaign on the part of ngos and children’s rights advocates, the Protocol achieves a certain parity of esteem for children vis-à-vis complainants under other core un human rights instruments by enabling them to make complaints specifically with respect to rights guaranteed by the Convention and its two substantive protocols. This article examines the terms of this new procedure in the light of its drafting history and explains why the resulting text has in many respects disappointed in terms of delivering a much-hoped for “child-friendly” complaint mechanism for children.

Measuring Children's Rights: An Alternative Approach

2008 ◽  
Vol 16 (4) ◽  
pp. 545-563 ◽  
Author(s):  
Edzia Carvalho
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
Measurement Matrix ◽  
Academic Literature ◽  
Rights Of The Child ◽  
Alternative Approach ◽  
The Matrix ◽  
United Nations Convention

AbstractThe rights of the child, as recognised by the United Nations Convention on the Rights of the Child have been increasingly reiterated in international declarations and national commitments. However, there exists a disparity in ‘the de jure protection and de facto realization of human rights’ (Landman 2005: 5). The relative absence of systematic engagement within academia and without on the issue of mapping the operationalisation of children's rights by States not only hinders ongoing attempts to identify and explain the causes and variation in the failure to implement children's rights but also weakens national and international efforts to hold States accountable for their obligations. This article seeks to address the lack of utilisation of measures of children's rights and the deficiencies in the measures that are in use. By drawing on the existing academic literature and intergovernmental efforts to measure human rights, the article proposes a measurement matrix that could be used to chart the implementation of States' obligations towards children's rights. The matrix is an attempt to further the emerging international endeavours to develop children's rights indicators.

Sign in / Sign up

Export Citation Format

Share Document