Toward a More Youthful Democracy

2021 ◽  
pp. 141-160
Author(s):  
Richard P. Hiskes

This concluding chapter begins with a discussion of how the global coronavirus pandemic called attention to children’s rights issues, specifically in how children were not allowed to participate in decisions directly affecting their “best interests,” as required by CRC. Granting children human rights will fundamentally alter the nature of both democracy and human rights. Giving children citizenship rights will renew democracy, as past enfranchisements have, but also will push democracies to resemble less Western, liberal models. Group rights will predominate in democracies where children are full citizens. Also, the human rights agendas of child-incorporating democracies will be dominated by social and economic rights issues, since children’s rights of protection and provision will be given priority. Finally, children’s participation rights will emerge as crucial in diminishing structural inequality in democratic societies, providing a pathway to a fuller form of social justice predicated on the human rights of children.

Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli

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.


2017 ◽  
Vol 25 (2) ◽  
pp. 320-334 ◽  
Author(s):  
Claire Cassidy

In advancing children’s rights, and human rights more broadly, this article supports the view that participation through deliberation by children is desirable. Practising Philosophy with Children, through an approach such as Community of Philosophical Inquiry, is proposed as a powerful way forward as a rights-based means of supporting children to deliberate about matters affecting them in society. In considering that children are educated about, through and for rights, an example of children’s philosophical dialogue is provided to illustrate children deliberating on rights issues, and how teachers might use such dialogue to influence their teaching in this area. The suggestion is that participating in practical philosophy enables children to practise human rights behaviour as a means of participating beyond consultation exercises and as an approach to facilitating their engagement with ideas and issues that are important to the promotion of rights for all.


Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.


2010 ◽  
Vol 18 (4) ◽  
pp. 619-635 ◽  
Author(s):  
Ann Quennerstedt

AbstractIn this paper, the widespread use of the "3 p's", provision, protection and participation, to categorise children's rights is critically examined. This conceptualisation is argued to have hampering effects on research in children's rights, in that it frames the research in a problematic way and hinders the possibilities of attaining theoretically driven analyses. In the paper, the emergence and use of the 3 p's is first traced and discussed. Thereafter, an alternative language for constructing and analysing children's rights is proposed, namely the vocabulary used for general human rights: civil, political and social rights. When children's rights are placed within the development of human rights and conceptualised accordingly, a different understanding of the content of children's rights surfaces. The theoretical contextualisation that is then added is suggested as a way of approaching contradictions and conflicts surrounding children's rights issues with more theoretical depth and nuances.


Author(s):  
Claire Fenton-Glynn

This chapter summarises how, as an instrument for the protection of children’s rights, the European Convention on Human Rights has come a long way from its limited beginnings in 1950, and the many achievements of the Court in enforcing and progressing children’s rights, both in terms of substantive rights and procedural safeguards. However, it also acknowledges the deficiencies of the Convention as a child rights instrument, noting in particular the lack of strong participation rights for children, the focus on ‘best interests’ rather than rights, and the emphasis placed on the margin of appreciation. Finally, the chapter outlines possible future challenges for children’s rights before the Court.


2016 ◽  
Vol 24 (3) ◽  
pp. 548-574
Author(s):  
Anette Faye Jacobsen

Legal research has shown mixed results regarding the application of a child-centred approach in judgments from the European Court of Human Rights. With an interdisciplinary perspective, however, a number of remarkable features become visible.This article explores case law from the European system with a blended methodology. First, a quantitative assessment of the Court’s judgments over the last decade reveals, surprisingly, that the child’s best interests doctrine has become widely used only recently, despite the principle being invoked as early as 1988. Secondly, an in-depth discourse analysis of selected landmark cases shows how the child-centred approach, in certain types of case, has gained status as the paramount consideration to the extent that it may sideline competing principles in the balancing exercise of adjudication. In the conclusion, the two types of enquiries, the statistical and the qualitative scrutiny of judgments, are combined to offer an assessment of the power of children’s rights alongside other interests in the European human rights machinery.


Childhood ◽  
2019 ◽  
Vol 27 (2) ◽  
pp. 143-157
Author(s):  
Sara Frödén ◽  
Ann Quennerstedt

In this article, we call for a gendering of children’s rights by using an intersectional approach. First, age and gender in different theoretical frameworks are highlighted. Second, we demonstrate the interconnection of age and gender in United Nations human rights treaties and interpretation guidance. Third, current gendered rights issues are identified and new ones are proposed. Finally, we argue that further gendering of children’s rights is necessary to acknowledge issues relating to children with different gender, sexual orientations and ethnicities.


2018 ◽  
Vol 26 (1) ◽  
pp. 16-37 ◽  
Author(s):  
Priscilla Alderson

Article 12 with its concern to give “due weight” to children’s views involves potential contradictions between human rights to self-determination and children’s rights. A set of conditions in Article 12 turns rights into highly qualified permissions that can transfer agency and control from children onto adults. These are further complicated by reports by the un Committee on the Rights of the Child and others that position children’s best interests against their expressed views, and by contrasting standards set by national laws and guidance. Theories about children’s rights in medical law differ from actual practice in reported cases, which are influenced by long-standing theories about childhood in philosophy and psychology that disregard realities in children’s lives. Barriers to due respect for children’s views in medical law and practice that need to be addressed are summarised.


2018 ◽  
Vol 26 (2) ◽  
pp. 228-250 ◽  
Author(s):  
Nessa Lynch

Children’s rights scholarship and guidance from human rights bodies has largely ignored the child victim, particularly where the perpetrator of the offence is also a child. This article reviews how provisions of international children’s rights standards deal with such situations, and highlights the lack of evidence on the extent of such victimisation and the experiences of child victims. Using two particular provisions (best interests and participation), it is argued that child victims appear primarily regarded as objects of concern rather than true rights holders. Increased recognition of “the other child” in practice and policy is urged.


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