International Handbook on Child Participation in Family Law

2021 ◽  
Keyword(s):  
Family Law ◽  
Private International Law ◽  
Policy Makers ◽  
Child Participation ◽  
Child Abduction ◽  
Pedagogical Reasoning ◽  
Rights Of The Child ◽  
Participation Rights ◽  
Individual Contributions ◽  
Key Issues

This topical and timely book considers children's participation rights in the context of family law proceedings, and how their operation can be improved for the benefit of children and family justice systems globally. In doing so, it provides the pedagogical reasoning for child participation, as well as a thorough analysis of the relevant human rights instruments in this area, including the United Nations Convention on the Rights of the Child. <br><br>This comprehensive book examines the way in which private international law instruments deal with child participation in separation/divorce, parental responsibility and child abduction proceedings. In addition, the book includes individual contributions from renowned family law experts from 17 countries who describe and analyse the local laws and exercise of child participation rights in their own jurisdictions. These insightful texts include the authors' views on the improvements needed to ensure that child participation rights are fully respected and implemented in the countries under review. A detailed comparative analysis follows which helpfully pinpoints both the key commonalities and differences in these global processes. Finally, the concluding chapter draws together the different perspectives revealed across the handbook, and identifies several key issues requiring further reflection from scholars, policy makers and family justice professionals. <br><br><i>The International Handbook on Child Participation in Family Law</i> is a rich source of information and essential reading for all those working in this important and evolving field.

Children’s Participation Rights in Film Classification Systems

2017 ◽  
Vol 25 (2) ◽  
pp. 438-455 ◽  
Author(s):  
Tim Covell
Keyword(s):  
United Nations ◽  
Classification Systems ◽  
Data Sets ◽  
Child Participation ◽  
Rights Of The Child ◽  
Participation Rights ◽  
International Data ◽  
United Nations Convention ◽  
Administrative Proceeding ◽  
High Degree

Film classification helps countries meet their obligations to protect children under Article 17(e) of the United Nations Convention on the Rights of the Child. Classifying films is an administrative proceeding that affects children, by limiting and setting conditions on what they can view. Therefore, children should have their interests represented or otherwise participate, as required by Article 12. This paper researches the degrees and methods of child participation in film classification systems, primarily by a survey of agencies. Based on data from 22 agencies in 17 countries, 73 per cent have some degree of child participation. This ranges from providing a website for children, to children’s panels reviewing and discussing classification for pre-screened films. Comparison with other international data sets suggests countries with a high degree of child participation in film classification are those which are generally making good progress implementing children’s rights.

scholarly journals The Norwegian Ombudsman for Children on child participation

2017 ◽  
Vol 12 (2) ◽  
pp. 147-169 ◽  
Author(s):  
Polycarp Musinguzi ◽  
Ingunn T. Ellingsen
Keyword(s):  
Active Participation ◽  
Child Participation ◽  
The Core ◽  
Rights Of The Child ◽  
Recent Growth ◽  
Quantum Leap ◽  
Participation Rights ◽  
Core Elements ◽  
Children’S Views ◽  
Representative Function

The adoption in 1989 of the Convention on the Rights of the Child (CRC) has seen a quantum leap in the recognition- and expansion of initiatives to uphold children’s participation rights. The Ombudsman for Children plays an important role in promoting children’s rights, thus stressing the importance of authorities taking children’s opinions and experiences into consideration when making decisions which affect them. This article examines how the staff at the Ombudsman for Children in Norway understand and experience child participation through expert meetings and expert groups, in which children are regarded as the experts. The findings suggest that the existence of a consultative approach, where children’s views influence decisions, depends on the effectiveness of the Ombudsman’s representative function. While there is evidence of the recent growth of platforms for children to express their views, the core elements of participation largely remain monopolized by adults. We argue that active participation should be deliberately promoted beyond adult-led realms, and extended to ordinary contexts in which children interact with the society.

Child Participation in Estonian and Finnish Child Welfare Removals – Professionals’ Perceptions and Practices

2021 ◽  
Vol 29 (3) ◽  
pp. 701-730
Author(s):  
Virve Toivonen ◽  
Jatta Muhonen ◽  
Laura Kalliomaa-Puha ◽  
Katre Luhamaa ◽  
Judit Strömpl
Keyword(s):  
Decision Making ◽  
Child Welfare ◽  
Children's Rights ◽  
Legal Regulation ◽  
Children’S Rights ◽  
Best Interest ◽  
Child Participation ◽  
Child Welfare Professionals ◽  
Rights Of The Child ◽  
Participation Rights

Abstract A child’s right to participate is one of the general principles of the Convention on the Rights of the Child (crc). It is an integral part of a child’s right to have his/her best interest taken into account as a primary consideration. Therefore, it is indispensable in the decision-making connected with child welfare removals, the effects of which on the child’s life are long lasting and profound. In this article we examine the perceptions and practices of child-welfare professionals in the context of children’s rights, especially participation rights, in two neighbouring countries: Finland and Estonia. The findings are based on a survey and suggest that in the context of children’s rights, legislation also has its role in making children’s rights a reality, both as a prerequisite for reform as well as in shaping attitudes. However, legal regulation is not enough – full realisation also reguires more information, education and resources.

The Participation Disc

2015 ◽  
Vol 23 (1) ◽  
pp. 154-188 ◽  
Author(s):  
Katrien Herbots ◽  
Johan Put
Keyword(s):  
Academic Disciplines ◽  
Literature Analysis ◽  
Child Participation ◽  
Rights Of The Child ◽  
Participation Rights

Over twenty years after the adoption of the un Convention on the Rights of the Child, child participation and the child’s right to participate still remain subjects of discussion and interpretation. This article aims to examine critically the notion of “participation” through a literature analysis that cuts across several academic disciplines. A framework for understanding participation is proposed in the form of a participation disc. the crc is critically examined against the background of this participation disc. The significance to be attached to the crc participation rights will be ascertained with a particular focus on Article 12. An assessment, by means of a theoretical review, leads to the conclusion that enacting the participation rights in the crc is a result of a casuistic and fragmentary approach to participation rather than a well-considered view of participation. Therefore, a certain vigilance is required when interpreting, implementing and monitoring crc participation rights.

scholarly journals Mexican Consular and Diplomatic Functions vis-à-vis Private International Law and Nationality Conflicts: Towards a New Normative Framework for the Twenty-First Century

2019 ◽  
Vol 12 (1) ◽  
pp. 57
Author(s):  
Jorge Cicero Fernández
Keyword(s):  
International Law ◽  
Information Technologies ◽  
Family Law ◽  
Human Mobility ◽  
Private International Law ◽  
Child Abduction ◽  
International Child ◽  
Definition Of ◽  
High Level ◽  
Judicial Assistance

The study of Mexican law and practice makes it apparent that the regulation of several consular and diplomatic functions within the framework of the protection of nationals and dual or multiple nationals abroad, inheritance upon death (successions mortis causa), family law and international judicial assistance, needs to be updated in accordance with the development of private international law, information technologies and ciberspace. Ongoing preparatory work in drafting National Rules on Civil and Family Law Procedure presents an opportunity and framework to that effect, opening space for inter alia: the legal recognition of electronic apostilles (e-APPs); for regulating consular intervention on behalf of minors and persons lacking full capacity; for reasserting the mandatory six-week deadline for the child’s return in international child abduction procedures; as well as for enacting domestic provisions on the transmission and execution of requests of international judicial assistance by electronic means; as well as for digital research into foreign law. Mexico’s leadership would likewise be enhanced through the promotion of multilateral protocols on the subject and the negotiation of international judicial technologi-cal interconnection agreements; through the updating of official guidelines on consular protection for dual or multiple nationals; through the statutory definition of Mexican authorities entrusted with executing foreign requests regarding Mexican law; and in particular through the launching of a Presidential Program on International Human Mobility and high level programs connected to The law of the international movement of persons.

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.

Economic and Social Rights, Budgets and the Convention on the Rights of the Child

2013 ◽  
Vol 21 (2) ◽  
pp. 248-277 ◽  
Author(s):  
Aoife Nolan
Keyword(s):  
Decision Making ◽  
Social Rights ◽  
Child Rights ◽  
Rights Of The Child ◽  
Budget Analysis ◽  
Key Issues ◽  
Significant Obstacle ◽  
The Right ◽  
The Relationship

Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.

Sign in / Sign up

Export Citation Format

Share Document