scholarly journals Conclusion: How Can the EU Be a Better Children’s Rights Actor?

2015 ◽  
pp. 311-324
Author(s):  
Helen Stalford ◽  
Ingi Iusmen
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
The Eu

An independent voice for children's rights in Europe? The role of independent children's rights institutions in the EU

2011 ◽  
Vol 19 (3) ◽  
pp. 429-449 ◽  
Author(s):  
Nigel A Thomas ◽  
Karl C Hanson ◽  
Brian B Gran
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Future Research ◽  
Annual Conference ◽  
The European Union ◽  
Council Of Europe ◽  
Rights Of The Child ◽  
Distinctive Role ◽  
The Eu

AbstractThis article attempts to understand the distinctive role of independent human rights institutions for children (IHRICs) in Europe, in the context of the proposed EU strategy on the rights of the child. It begins by explaining the distinctive characteristics of IHRICs, their presence, location and organisation in Europe, and the role of the European Network of Ombudspersons for Children (ENOC). It goes on to examine their developing relationships, individually and collectively, with European institutions (in particular the institutions of the European Union, but also with reference to the Council of Europe). The article draws on observations of the annual conference of ENOC in 2010, and on interviews with members of ENOC. The article follows this with a discussion of how IHRICs may be understood as operating at the interface of regional, national, European and global mechanisms, and concludes with a review of current issues and some questions for future research.

scholarly journals Harmful Commercial Marketing and Children’s Rights: For a Better Use of EU Powers

2020 ◽  
Vol 11 (4) ◽  
pp. 841-850
Author(s):  
Amandine GARDE
Keyword(s):  
Public Health ◽  
European Union ◽  
Children's Rights ◽  
Children’S Rights ◽  
Unhealthy Food ◽  
The European Union ◽  
Tobacco Products ◽  
Cross Border ◽  
The Eu

The marketing of tobacco, alcohol, unhealthy food and gambling services is harmful to public health, the European economy and sustainability. If the European Union (EU) has embraced the regulation of cross-border marketing for tobacco products for over two decades, it has consistently resisted evidence-driven calls to regulate the marketing of other harmful commodities, preferring instead to rely on ineffective industry pledges. This contribution reflects on why the EU has failed to use its competence to regulate cross-border marketing more systematically to protect health and highlights why the time is ripe to reconsider the issue, before concluding with a possible way forward.

Children's Rights in EU External Action: Beyond Charity and Protection, Beyond Instrumentalisation and Conditionality

2011 ◽  
Vol 19 (3) ◽  
pp. 477-500 ◽  
Author(s):  
Wouter Vandenhole
Keyword(s):  
Conceptual Framework ◽  
Children's Rights ◽  
External Action ◽  
Shared Responsibility ◽  
Children’S Rights ◽  
Development Projects ◽  
Starting Point ◽  
Eu Policies ◽  
The Eu

AbstractThe inclusion of children in EU external action, though welcome in principle, has failed so far to avoid the pitfalls of instrumentalisation – by invoking children's rights to serve other goals; charity – by only setting up development projects for children; protection – by focusing exclusively on offering protection to children in situations of crisis or violence; and conditionality – by using the observance of children's rights as a condition for aid or trade. While instrumentalisation, charity and protection may apply to EU policies in general, the criticism of conditionality is more specific to external action. An alternative starting point is then proposed, i.e. that of children's rights obligations incumbent on the EU itself rather than on third countries, in order to move beyond instrumentalisation and conditionality. It is believed that the emerging concept of transnational children's rights obligations may provide a useful conceptual framework in this regard. These transnational obligations are based on the acceptance of a shared responsibility for children's rights, and oblige powerful actors minimally to abstain from violating children's rights.

scholarly journals A Children’s Rights Perspective to Ruiz Zambrano and Chavez-Vilchez: An Examination in Light of Theory, Practice and Child Development Research

2021 ◽  
Vol 23 (1) ◽  
pp. 68-101
Author(s):  
Ellen Nissen
Keyword(s):  
Children's Rights ◽  
Fundamental Rights ◽  
Children’S Rights ◽  
Immigration Law ◽  
Parental Rights ◽  
Development Research ◽  
The Right ◽  
Paradigm Shifting ◽  
The Eu

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.

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