Children's Rights

2013 ◽  
Author(s):  
Karen M. Staller
Keyword(s):  
Common Law ◽  
Children's Rights ◽  
State Intervention ◽  
Children’S Rights ◽  
Chronological Age ◽  
Rights Of The Child ◽  
Parens Patriae ◽  
The Common ◽  
The Right ◽  
Family Autonomy

Children's rights can refer to moral rights—basic human rights regardless of age or station—and legal rights, those awarded based on chronological age or level of maturity. They are conceptualized in three categories: protection rights (the right to be free from harm and exploitation), provision rights (the right to have their basic needs met), and participation rights (the right to have a say). Children's rights can conflict with family autonomy, and state intervention is based on the common law doctrine of parens patriae. The UN's Convention on the Rights of the Child is the most comprehensive statement of children's rights to date.

scholarly journals Beyond the Life Sentence – A Children’s Rights Lens on Sentencing for Murder

2021 ◽  
Vol 29 (4) ◽  
pp. 972-1005
Author(s):  
Yannick van den Brink ◽  
Nessa Lynch
Keyword(s):  
Common Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Public ◽  
Rights Of The Child ◽  
Legitimate Interest ◽  
Life Sentence ◽  
The Common ◽  
Selection Of ◽  
Compliant Approach

Abstract Children around the world who have been found responsible for murder continue to be sentenced to indeterminate or long periods of detention. This is in contravention of children’s rights standards which urge a ban on the life sentence and require that detention is used only for the shortest appropriate period of time. Nonetheless, the public and victims of crime have a legitimate interest in the protection of public safety and appropriate accountability for serious offending. Further, there is little guidance on what a rights compliant approach in such cases might involve. This work builds on previous studies of how children are sentenced for murder across the common law world and extends the analysis to a selection of European civil law jurisdictions. It explores and applies recent updated guidance from the Committee on the Rights of the Child and seeks to develop a framework for a children’s rights and human rights compliant approach to such cases.

scholarly journals Recognizing and Respecting the Rights of Children with Disabilities in the Classroom

2016 ◽  
Vol 8 (3) ◽  
pp. 1
Author(s):  
Cornelia Schneider
Keyword(s):  
Children With Disabilities ◽  
Children's Rights ◽  
Relationship Building ◽  
Children’S Rights ◽  
Social Model ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Rights Of The Child ◽  
The Right

<p>The UN Convention on the Rights of the Child was adopted and ratified in 1990 by the UN<br />General Assembly, and signed by most member countries of the United Nations. However, its<br />implementation is slow, complex, and can to-date be considered as incomplete in most<br />countries, particularly as children’s rights often seem to be in contradiction with traditional<br />perceptions of children as dependent, immature and incompetent human beings under their<br />parents’ tutelage. Furthermore, it appears that children’s rights are at risk of colliding with the<br />rights of the family. These issues are even more strongly highlighted when it comes to<br />children with disabilities, as those children often are perceived as vulnerable and incompetent.<br />The UN Convention on the Rights of Persons with Disabilities of 2006 emphasizes the right<br />to full participation based on the social model of disability, including the right to inclusive<br />education for children with disabilities. This article addresses both conventions, the<br />contradictions within but also with each other, which impede the rights of children with<br />disabilities as much as traditional perceptions of childhood do. It will then demonstrate how<br />the recognition of the rights of children with disabilities can be improved by using the<br />frameworks of sociology of childhood (Corsaro, 2015) and the work on relationship building<br />and solidarity by Honneth (1995). Lastly, the article will give examples of how to implement<br />and respect the rights of children with disabilities in schools, by using the example of the<br /><em>Index for Inclusion</em>.</p>

scholarly journals Does the Differential Criterion for Vesting Parental Rights and Responsibilities of Unmarried Parents Violate International Law? A Legislative and Social Study of Three African Countries

2011 ◽  
Vol 55 (2) ◽  
pp. 203-229
Author(s):  
Julia Sloth-Nielsen ◽  
Lorenzo Wakefield ◽  
Nkatha L Murungi
Keyword(s):  
Common Law ◽  
Social Study ◽  
Children's Rights ◽  
Customary Law ◽  
Children’S Rights ◽  
International Human Rights Law ◽  
African Countries ◽  
The Face ◽  
International Obligations ◽  
The Right

AbstractThe right to non-discrimination for all children is established in international human rights law. International children's rights law further provides for the common responsibility of parents for the maintenance of their children. African customary law and common law have always made a distinction between children born in and out of wedlock so far as the duty to maintain them is concerned. The resilience of this customary and common law approach is evident in statutory provisions of the countries discussed in this article. This is despite international obligations under children's rights treaties ratified by these countries. On the face of it, the distinction of responsibility based on marital status seems harmless. However, in view of gender inequities and resource distribution between men and women in society, such a distinction has serious implications for the rights of affected children.

8. The Law Relating to Children:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Medical Treatment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Private Law ◽  
The Third ◽  
Rights Of The Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Law ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s.8 of the Children Act 1989, the welfare principle and the Welfare Checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

COMMUNICATION ROLE OF RIGHTS AND LEGAL STATUS

2019 ◽  
pp. 233
Author(s):  
Inta Siliniece
Keyword(s):  
Legal Status ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Civil Justice ◽  
Active Lifestyle ◽  
Rights Of The Child ◽  
The Right

One of today's most important issues in the field of international civil justice is the provision of family and children's rights. These are the right of the child to be in contact with both parents and the right of parents to take part in the upbringing of children. This is especially important if parents live separately or even in different countries. The global processes of globalization and the active lifestyle of people moving from one country to another determine the topicality of the issue. Increasingly, children are illegally moved from one country to another, thus limiting both the rights of the child with the other parent and the right of the other parent in the upbringing of the child.

scholarly journals Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 84
Author(s):  
Alejandro Fuentes ◽  
Marina Vannelli
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Effective Protection ◽  
American System ◽  
Rights Of The Child ◽  
The Right ◽  
International Instruments ◽  
Normative Integration ◽  
Dignified Life

The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention of the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence.

9. The Law Relating to Children: Children’s Rights and Private Law

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Medical Treatment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Private Law ◽  
The Third ◽  
Rights Of The Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Law ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s. 8 of the Children Act 1989, the welfare principle, and the welfare checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

17. Children’s rights

2017 ◽  
Author(s):  
Geraldine Van Bueren
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
Rights Of The Child ◽  
Survival And Development ◽  
Definition Of ◽  
The Right

This chapter considers the protections afforded to children by international human rights law. It begins with a consideration of the international legal definition of the ‘child’. Focusing on the UN Convention on the Rights of the Child, the chapter considers the basic principles underlying the rights of the child: non-discrimination, the best interests of the child, the right to life, survival and development, the right to be heard, and the evolving capacity of the child. The chapter then considers the 4Ps that reflect the diversity of protection afforded by international law to the rights of the child: prevention, provision, protection, and participation. Finally, the chapter examines the protection of children’s rights at the regional level.

The Magic of the Atelier "Tales of the Rights of the Child"

2020 ◽  
Vol 8 (3) ◽  
pp. 87-98
Author(s):  
Viara Gyurova
Keyword(s):  
Primary School ◽  
20Th Century ◽  
Group Work ◽  
Main Part ◽  
Children's Rights ◽  
Children’S Rights ◽  
Creative Work ◽  
Common Experience ◽  
Rights Of The Child ◽  
The Common

The great French educator of the first half of the 20th century, Celestin Freinet, said that in order to learn something, it must be experienced. The ateliers (workshops), conceived by him as a form of joint practical and creative work of children in primary school, are just such an opportunity for common experience of ideas and problems, for learning in the process of work - with others and from others, for the common achievements and for the joy of the success. Today the ateliers are held with children / students and adults on various topics. They look like interactive seminars or group work (workshops). The main part of it is the experience, the variety of changing activities, the overall "product", the emotion.In this case, the atelier on children's rights are a way and opportunity to return to childhood, to look at children's rights through the eyes of the child, through the magic of the fairy world and through the problems of today's reality of children. And to consider whether, as adults, we are really doing the best for children, in the name of their highest interests.

JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini
Keyword(s):  
Restorative Justice ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Law ◽  
The Right

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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