The Oxford Handbook of Children's Rights Law

Children’s rights law is a relatively young but rapidly developing discipline. The UN Convention on the Rights of the Child (CRC), the field’s core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children’s rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world’s population and every human being’s first stages of life. Now thirty years old, the CRC signaled a definitive shift in the way children are viewed and understood—from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children’s rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached the state in which more critical evaluation and assessment is needed of both the CRC and the large body of children’s rights law and policies that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children’s rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children’s rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children’s rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children’s rights law.

2020 ◽  
Vol 21 (2) ◽  
pp. 8-26 ◽  
Author(s):  
Patrick Dolan ◽  
Nevenca Zegarac ◽  
Jelena Arsic

This paper considers Family Support as a fundamental right of the child. It examines the relationship between the well-being of the child as the core concept of contemporary legal and welfare systems and family as a vital institution in society for the protection, development and ensuring the overall well-being of the child. Considering the fact that international legal standards recognise that children’s rights are best met in the family environment, the paper analyses what kind of support is being provided to families by the modern societies in the exercising of children’s rights and with what rhetoric and outcomes. Family Support is also considered as a specific, theoretically grounded and empirically tested practical approach to exercising and protecting the rights of the child. Finally, international legal standards are observed in the context of contemporary theory and practice of Family Support, while the conclusion provides the implications of such an approach.


2021 ◽  
pp. 1-4
Author(s):  
Richard P. Hiskes

The world does not really believe that human rights pertain to children. This is so in spite of the fact that the 1989 UN Convention on the Rights of the Child (CRC) has been ratified by all nations worldwide except for one, the United States. This book explores the reasons behind the US refusal in ...


2016 ◽  
Vol 8 (3) ◽  
pp. 1
Author(s):  
Cornelia Schneider

<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>


2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.


2020 ◽  
Vol 595 (8) ◽  
pp. 3-16
Author(s):  
Anna Górka-Strzałkowska

The issue of children’s rights is extensive and multi-threaded. Studies on this subject show different perspectives and views, referring to various areas of children’s functioning and development. The article presents the perspective of children’s rights in the activities of organizations, local governments, educational and culture institutions on the 30th anniversary of the adoption of the Convention on the Rights of the Child. The Declaration of the Rights of the Child was created, adopted on November 20, 1959 by the United Nations General Assembly, which developed the scope of children’s rights. However, it still had no legal value. It was only the Convention on the Rights of the Child, established on the initiative of Poland on November 20, 1989, that became a global constitution protecting children all over the world. The events related to the 30th anniversary of the adoption of the Convention became the culmination of the contemporary activities undertaken to mobilize the entire society to fight for children’s rights. These initiatives enabled the presentation of positions and views on the issue of the child. In a broad sense, they allowed the possibility of implementing program changes to improve the situation of children not only in Poland, but also in the world.


Author(s):  
Marta Santos Pais

Violence knows no geographic, cultural, or social borders. Around the world millions of children of all ages continue to be exposed to appalling levels of violence, in their neighborhoods, in their schools, in institutions aimed at their care and protection, as well as within the home. Children’s rights law, most notably the UN Convention on the Rights of the Child (CRC), provides a legal mandate to address all forms of violence against children. This chapter reviews the various forms of violence against children, their impact on child well-being, and the children’s rights law mandate to prevent it. It then discusses the global policy agenda for confronting violence against children and the challenges that must be overcome to achieve progress toward a world free of violence against children.


2009 ◽  
Vol 17 (4) ◽  
pp. 561-583
Author(s):  
Dubravka Hrabar

AbstractSince 1998 children's rights are part of the Croatian legal system, due to the ratification of the UN Convention on the Rights of the Child and their incorporation into family law. Changes to family law that have been made since then deal with the modernization of the legal parent-child relation that aims at mutual parental responsibility and separate children's rights. The crucial point in considering the child's legal and social position is his/her welfare as mentioned clearly in the Family Act. Considering the fact that the family is the natural and most desirable environment for a child, it may be stated that family law is the most important field that embraces the many different needs and rights of all children.


Šolsko polje ◽  
2020 ◽  
Vol XXXI (3-4) ◽  
pp. 27-44
Author(s):  
Suzana Kraljić

The United Nations Convention on the Rights of the Child was adopted in 1989, becoming the first international binding instrument to explicitly recognise children as human beings with innate rights. The Convention on the Rights of the Child sets out children's rights across all areas of their lives, including education. Given that education is crucial for the short-, medium- and long-run well-being of every child, the main stress is on implementing and protecting this right in important international human and children's rights treaties. The author highlights problems arising from selected cases of infringements of children’s right to education, especially in ECtHR decisions. In the last section, attention is paid to the COVID-19 crisis and its impact on children's right to education.


2009 ◽  
Vol 17 (4) ◽  
pp. 543-559
Author(s):  
Martha Dóczi

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).


Šolsko polje ◽  
2020 ◽  
Vol XXXI (3-4) ◽  
pp. 11-25
Author(s):  
Zoe Moody

Children’s rights in education incorporate many challenges in terms of both implementation and the pedagogical and social change opportunities they bring. First, ensuring access for all to quality education, regardless of characteristics like gender, migrant status, disability status, socio-economic status, ethnic background, family language etc., is a global concern. Second, effective implementation of the United Nations Convention on the Rights of the Child (1989) in schools – whether protecting them from discrimination and violence or creating a spirit of mutual understanding and acceptance, or fostering learning based on participatory pedagogies and structures for greater social justice – remains a challenge for the 21st century school. Finally, the ambition to enable children to become genuine agents of change capable of responding to today’s challenges in a globalised world, in all its complexity and diversity, while respecting the rights of all, raises many questions which the field of education faces now and will increasingly do so in the future. Exploring the multidimensional relationships between children’s rights and education, this article aims to give a clear picture of the field globally, through the prism of diversity, participation and social transformation as challenges for research and practice. Its aims are threefold: addressing the right of the child to, in and through education. First, the main obstacles to accessing education worldwide are identified; the issue of producing an inclusive, rights-infused environment in schools is then examined; finally, the transformative dimension of education and rights-education is discussed.


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