scholarly journals Governing Children’s Rights in Global Social Policy—International Organizations and the Thin Line Between Child Protection and Empowerment

2021 ◽  
pp. 139-162
Author(s):  
Anna Holzscheiter
Keyword(s):  
Social Policy ◽  
International Organizations ◽  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Thin Line ◽  
Rights Of The Child ◽  
Social Governance ◽  
History Of ◽  
Traditional Approaches

AbstractThis chapter locates children’s rights in the context of global social governance. Social policy literature has hitherto neglected the centrality of child protection and children’s rights to many key areas of social governance such as education and healthcare. The chapter traces the history of children’s rights as a distinct sphere in international law from the first recognition of the special status of children, to the adoption of the UN Convention on the Rights of the Child (UNCRC), to the growth of the contemporary complex International Organization (IO) landscape. Children’s rights enjoy growing visibility and relevance and continue to be a cross-cutting issue in international organizations of all kinds, making them a central dimension of global social governance. Nonetheless, the chapter highlights that the growth of the children’s rights agenda has not been without conflict. International norms and measures surrounding children’s rights continue to be challenged and questioned by scholars and practitioners alike. Furthermore, the analysis of children’s rights provides opportunities to reconsider traditional approaches to global social policy.

scholarly journals El SENAME: Crónica de una crisis. Una mirada psicoanalítica sobre el sujeto de Derecho y la institución de protección de la infancia/The SENAME: Chronicle of a crisis. A psychoanalytic approach to the subject of Law and the institution of child protection

2017 ◽  
Vol 28 (4) ◽  
pp. 54
Author(s):  
Nicolás Pinochet
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Convention ◽  
Rights Of The Child ◽  
Palabras Clave ◽  
Child Psychoanalysis ◽  
History Of ◽  
Psychoanalytic Approach ◽  
Legal Frameworks

<p>El presente artículo problematiza la construcción del concepto de niño para el Servicio Nacional de Menores (SENAME); a través de los modelos de intervención que decantan en la institucionalización de niños en Chile. Situando al SENAME como un dispositivo del Estado –garante de la Ley y de la cultura–.</p><p>Se desarrolla un recorrido sobre la historia de institucionalización de niños en Chile, relato marcado por el concepto de los Derechos del Niño, la Convención Internacional sobre Derechos del Niño y la creación y crisis del SENAME. Finalizando con un debate que sitúa a esta institución en referencia al marco legal nacional e internacional, analizada desde el psicoanálisis sobre la institución y lo jurídico, con autores como Freud, Goffman, Enriquez y Legrendre.</p><p><strong>Palabras clave:</strong> Servicio Nacional de Menores (SENAME), Derechos del Niño, Convención Internacional sobre Derechos del Niño, Psicoanálisis e Institución.</p><p> </p><p class="Ttulo21"><strong>Abstract</strong></p><p>This article problematizes the construction of the concept of child in the Servicio Nacional de Menores (SENAME) by looking at the models of intervention that ended up in the institutionalization of the concept of children in Chile and understanding SENAME as a state tool—which represents law and culture—.</p><p>The article develops a review of the history of institutionalization of children in Chile, story marked by the concept of Children’s Rights, the International Convention on the Rights of the Child, and the creation and crisis of SENAME. It ends with a discussion that puts this institution in reference to the national and international legal frameworks, which are analyzed based on the psychoanalytical approach to institutions and judicial system developed by authors such as Freud, Goffman, Enriquez, and Legrendre.</p><p><strong>Keywords:</strong><em> </em>Servicio Nacional de Menores (SENAME), Children’s Rights, International Convention on the Rights of the Child, psychoanalysis and institution.</p>

From “Perverse” to Progressive?: Advocating for Children’s Rights in Argentina

2012 ◽  
Vol 20 (1) ◽  
pp. 72-89
Author(s):  
Amy Risley
Keyword(s):  
Child Protection ◽  
Social Issues ◽  
Children's Rights ◽  
Economic Reforms ◽  
Children’S Rights ◽  
Socioeconomic Conditions ◽  
Economic Rights ◽  
Rights Of The Child ◽  
The Social ◽  
United Nations Convention

This article argues that social issues are central to the children’s rights movement in Argentina. For more than a decade, child advocates have traced the plight of children to poverty, marginality, and neoliberal economic reforms. In particular, they have framed the issue of child welfare as closely related to socioeconomic conditions, underscored the “perverse” characteristics of the country’s existing institutions and policies, and called for reforms that accord with the United Nations Convention on the Rights of the Child. Although the country’s policies are gradually being transformed due to a landmark child-protection law passed in 2005, a dramatically more progressive framework for children’s rights has not yet been adopted. Given that policymakers have largely failed to reverse the trends that activists perceive as harming children, it is expected that advocates will continue to criticise the gap between domestic realities and the social and economic rights included in the Convention.

The Child’s Right to Family

2020 ◽  
pp. 236-256
Author(s):  
Barbara Bennett Woodhouse
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Child Protection ◽  
Children's Rights ◽  
Family Reunification ◽  
Children’S Rights ◽  
Family Identity ◽  
Rights Of The Child ◽  
European Court ◽  
Birth Records

This chapter discusses the role played by human rights charters, such as the UN Convention on the Rights of the Child, the European Charter of Human Rights, and the African Charter on the Rights and Welfare of the Child, in establishing that children are not mere property of their parents but persons with their own independent rights to protection of family relationships and family identity. The chapter identifies specific provisions in these charters relevant to children’s family rights. It then examines various decisions of the European Court of Human Rights that address claims of violations of children’s rights to family in contexts including adoption, child protection, family reunification, access to birth records, and immigration, and that define appropriate remedies. The chapter closes by highlighting the growing threat to children’s rights to know and be cared for by their families posed by the populist backlash in wealthier nations against migrants fleeing war, violence, and poverty.

The development of children’s medical rights in Ukraine (1919 – beginning of the XXI century)

2021 ◽  
Vol 28 (4) ◽  
pp. 181-189
Author(s):  
Viktor M. Yermolaiev ◽  
Aisel A. Omarova ◽  
Hanna P. Ponomarova
Keyword(s):  
Child Protection ◽  
Synthesis Method ◽  
Children's Rights ◽  
World Health Organisation ◽  
Global Scale ◽  
Children’S Rights ◽  
World Health ◽  
Historical Period ◽  
Legal Norms ◽  
Rights Of The Child

Children's medical rights were actively developed in the twentieth century after the First World War. It was an event of a global scale that prompted legislative changes in national legislations, including Ukraine. Ukraine's experience in children's health care is rich in examples of both successful reforms in this field, and also not that successful ones. The development of children's medical rights in Ukraine had passed different stages of its development. The period from 1919 to the beginning of the 21st century was taken to resolve this issue. The choice of this historical period is justified by the presence of different stages of state and legal development of Ukraine, and, as a consequence, the development of children's medical rights. This is because the development of children's rights is inextricably linked with the development of state policy in the field of child protection. The aim of this research is to analyse the development of children’s medical rights on the example of Ukraine. To achieve this goal, international legal documents, legislation of Ukraine, and works of scholars from various countries were analysed. During the study of this issue, a variety of scientific methods were used. Among them are the dialectical, historical method, method of analysis and synthesis, method of analogy and method of interpretation of legal norms. The main results obtained are: analysis of the history of the development of children’s medical rights in Ukraine and influence of the World Health Organisation and the Convention on the Rights of the Child (1989) on this development. The value of this paper lies in obtaining practical recommendations regarding children’s rights in general and the medical rights of children in particular

The Long Awaited: Past Futures of Children’s Rights

2013 ◽  
Vol 21 (2) ◽  
pp. 209-232
Author(s):  
Anne McGillivray
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
History Of Childhood ◽  
World State ◽  
Social Interventions ◽  
Rights Of The Child ◽  
The Future ◽  
Utopian Thinking ◽  
History Of ◽  
Good For

This paper is an invitation to re-think how we think about the future of children’s rights. Utopias, science fictions, and the trajectories of history are invoked in futurist imaginings. Utopian thinking across centuries has both marked and marred social interventions into the conduct of childhood. Visionaries from More to Comenius to H.G. Wells have to a greater or lesser extent focused on childhood as means to a utopian end. While utopianism has deeply harmed children, the Convention on the Rights of the Child is in some ways indebted to Wells’s imagined World State. The long history of childhood discloses intimations of rights millennia before rights existed. It also discloses how doing good for children often has gone terribly wrong due to failure of the imagination. Science fictions are rapidly becoming fact. Rights thinking has failed to keep pace with developments profoundly affecting children and the conduct of their childhood.

scholarly journals Children's Rights and Education in Argentina, Chile and Spain

1999 ◽  
Vol 7 ◽  
pp. 31
Author(s):  
David Poveda ◽  
Viviana Gómez ◽  
Claudia Messina
Keyword(s):  
Private Education ◽  
Compulsory Education ◽  
Children's Rights ◽  
Children’S Rights ◽  
Ethnic Segregation ◽  
Public And Private ◽  
Rights Of The Child ◽  
Comparative Review ◽  
History Of ◽  
Legislative Changes

This article is a first attempt to relate the UN Convention on the Rights of the Child to education policy. It compares three countries, Argentina, Chile and Spain in an attempt to both present particular problems that are of pressing concern in each and to propose a framework that might reveal some possible obstacles to the implementation of children's rights. The article is divided into three sections. In the first section, a comparative review of the formal dispositions and legislative changes in the three countries is presented. Some of the most notable contrasts are briefly contextualized in the history of each nation-state. In the second section, particular problems in each nation are reassessed through the lens of the Convention. Three cases are examined: in Argentina, the funding and organization of public compulsory education; in Chile, an instance of international cooperation in education; in Spain, the relations between public and private education and ethnic segregation. Finally, a general framework is discussed using these three cases as examples.

scholarly journals Fulfilment of Formal Education for Children with Criminal Sentences: Analysis of Law Number 11 of 2012 concerning the Juvenile Justice System

2021 ◽  
Vol 13 (3) ◽  
pp. 1747-1755
Author(s):  
Subarsyah Subarsyah
Keyword(s):  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Formal Education ◽  
Juvenile Justice System ◽  
Children's Rights ◽  
Vital Role ◽  
Children’S Rights ◽  
Literature Study ◽  
Rights Of The Child

Crimes committed by children are currently experiencing a very significant increase. In Indonesia, the settlement of criminal cases against children is included in vulnerable children who need more attention in fulfilling their rights. However, there are still many violations of children's rights during their status as perpetrators of crimes and afterwards. This study aims to analyze the fulfilment of the formal education of criminal children by Law Number 11 of 2012 concerning the Juvenile Justice System. This study uses a qualitative approach with a literature study. The results of the study explain that Indonesia as a country that has ratified the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990 dated August 25, 1990, has further integrated children's rights into national law, namely into Law Number 23 of 2002 concerning Child Protection. Protection of children was created as an effort to educate and build quality and affluent children in education. These forms of protection include providing comfort, security, health, and adequate education. The existence of The Child Special Guidance Institute plays a vital role in fulfilling the educational needs of formal and non-formal children.

Children's Rights in Hungary in the Aftermath of the Revolution of 1989

2009 ◽  
Vol 17 (4) ◽  
pp. 543-559
Author(s):  
Martha Dóczi
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Rights Of The Child ◽  
The Family ◽  
Child Adoption ◽  
Human Rights Act ◽  
United Nations Convention ◽  
Family Code

AbstractThe Hungarian Family Act was adopted in 1952 (Act No. VI.1952. on Marriage, Family and Guardianship) and amended on several occasions. Part one of the Family Code contains the regulations relating to marriage. The second part of the family Code summarizes the rules relating to the family (family, child, adoption, maintenance, custody etc.). The third part of the Family Act deals with guardianship. The other legislation regarding the children's rights are the Child Protection Act and the Decree on Guardianship. (Act XXXI/1997 on the protection of children and on the administration of guardianship affairs.) In 1991 and 1993, Hungary adopted provisions both from the United Nations Convention on the Rights of the Child (Act LXIV of 1991) and from the European Convention on Human Rights (Act XXXI of 1993).

scholarly journals Sejarah Sistem Peradilan Pidana Anak Di Indonesia

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Yory Fernando
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Children's Rights ◽  
International Community ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
Strategic Role ◽  
History Of ◽  
Legal Subjects

As national assets and who are also legal subjects, children have a strategic role in the life of the nation and state. Because of this strategic role, every problem regarding children cannot be underestimated. The Convention on the Rights of the Child (CRC) is proof that the international community guarantees children’s rights. In Indonesia, the rights of the child have been stated in Act No. 11/2012 concerning the Juvenile Criminal Justice System. However, these regulations do not just appear, it needs a long enough process to form regulations that guarantee the interests and rights of a child. The history of the formation of the Child Criminal Justice System is divided into 3 periods, namely; The period before the birth of Law Number 3 of 1997, the period after the birth of Act No. 3/1997, and the period after the birth of Act No. 11/2012. It can be concluded from these three periods that before the birth of Act No. 11/2012, there have been several regulations governing the interests of children but their implementation is far from perfect, and the birth of Act No. 11/2012 is a milestone that has brought major changes to ensuring children's rights in Indonesia.

Theorising Children’s Rights and Child Welfare Paradigms

2016 ◽  
Vol 24 (2) ◽  
pp. 304-329 ◽  
Author(s):  
Thomas Waldock
Keyword(s):  
Child Welfare ◽  
Child Protection ◽  
Children's Rights ◽  
Welfare States ◽  
Children’S Rights ◽  
Family Service ◽  
Rights Of The Child ◽  
Anglo American ◽  
Principles And Standards ◽  
Service Paradigm

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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