scholarly journals Juvenile Justice

2020 ◽  
pp. 278-306
Author(s):  
Ton Liefaard
Keyword(s):  
Juvenile Justice ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
Specific Approach ◽  
Implementation Challenges ◽  
Rights Of The Child ◽  
The Future ◽  
Rights Issue ◽  
Domestic Level

Juvenile justice is a children’s rights issue. This chapter sheds light on the international children’s rights framework for juvenile justice and elaborates on its implications for juvenile justice systems at the domestic level. It discusses the comprehensive nature of the international legal framework and addresses key implementation challenges in light of the complexity of and controversies inherently related to juvenile justice. In doing so, the chapter shows there are specific challenges that ought to be recognized in order to enhance the protection of children in conflict with the law and secure a fair and child-specific approach. At the same time, it points at the progress made since adoption of the UN Convention on the Rights of the Child (CRC), which justifies the conclusion that the future of children’s rights implementation in the context of juvenile justice is a hopeful one.

A Critical Analysis of the Kampala Convention from a Children’s Rights Perspective

2020 ◽  
Author(s):  
Charissa E Fawole
Keyword(s):  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Internally Displaced ◽  
Rights Of The Child ◽  
Displaced Children ◽  
African Charter

Abstract A notable proportion of the persons living in situations of internal displacement in Africa are children. Despite the near-universal ratification of the Convention on the Rights of the Child and the wide ratification of the African Charter on the Rights and Welfare of the Child among States in Africa, it is not clear the extent to which the ratification of these treaties has influenced the region’s legal framework for the protection and assistance of internally displaced children. This contribution addresses this issue through its analysis of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa from a children’s rights perspective. While the Convention does incorporate some principles of a children’s rights perspective, the analysis reveals that there are some inadequacies regarding the Convention’s overall incorporation of a children’s rights perspective. Based on the analysis, this contribution provides recommendations to use a children’s rights perspective to implement the Convention.

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 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.

scholarly journals EFEKTIVITAS PEMENUHAN HAK ANAK SETELAH PERCERAIAN (Studi Kasus di Kota Makassar)

2020 ◽  
Vol 1 (2) ◽  
pp. 1
Author(s):  
Awaluddin Sallatu
Keyword(s):  
Juvenile Court ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
The Future ◽  
The Government

AbstractThe Juvenile Court has included the rights of the child, the implementation of the obligations of parents, society and the government and the State, but the protection of children's rights still requires serious handling when there are things that are specific relating to legal protection for themselves. and if this can be overcome then every child will be able to assume their responsibilities as a child in the future so that the child is still given the broadest opportunity to grow and develop optimally, both physically, mentally and socially, with noble character, it is necessary to protect and to realize the welfare of children by providing guarantees for the fulfillment of their rights and the treatment without discrimination. This study aims to determine and analyze the effectiveness of fulfilling children's rights after divorce as well as factors that are inhibiting the fulfillment of children's rights after divorce.Keywords: Fulfillment Effectiveness, Children's Rights, After Divorce.AbstrakPengadilan Anak telah mencantumkan hak-hak anak, pelaksanaan kewajiban orang tua, masyarakat dan pemerintah serta Negara, namun perlindungan terhadap hak-hak anak masih memerlukan penanganan yang serius manakala ada hal-hal yang sifatnya spesifik yang berkaitan dengan perlindungan hukum bagi dirinya. dan apabila hal tersebut dapat diatasi maka setiap anak kelak mampu memikul tanggung jawabnya sebagai anak dikemudian hari sehingga dengan demikian anak tetap diberikan kesempatan yang seluas-luasnya untuk tumbuh dan berkembang secara optimal, baik fisik, mental maupun sosoial, berakhlak mulia, perlu dilakukan upaya perlindungan serta untuk mewujudkan kesejahteraan anak dengan memberikan jaminan terhadap pemenuhan hak-haknya serta adanyaperlakuan tanpa diskrimansi. Penelitian ini bertujuan untuk mengetahui dan menganalisis efektivitas pemenuhan hak anak setelah perceraian serta faktor-faktor yang menjadi penghambat dalam pemenuhan hak anak setelah perceraian.Kata Kunci :Efektivitas Pemenuhan, Hak Anak, Setelah Perceraian.

The United Nations Convention on the Rights of the Child: The Good, the Bad, and the Useless

2019 ◽  
Vol 3 ◽  
pp. 42-57
Author(s):  
Midori Matthew
Keyword(s):  
United Nations ◽  
International Law ◽  
Emotional Abuse ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
International Treaties ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Children (UNCRC), put forth in 1989, has generated a global movement in the direction of protecting and promoting children’s rights, resulting in a paradigm change in how children are perceived under the law. While the UNCRC is the most widely ratified international human rights treaty in human history, children’s fundamental right to protection continues to be violated through actions instigated by adults, such as neglect, physical, sexual, or emotional abuse, or being coerced into marriage, wartime activities, or slavery. This is largely a result of international law having no empirical legal binding; since countries are sovereign upon themselves, without domestic enforcement by each individual signatory country, there is no obligation to abide by the terms of international treaties. Applying both a philosophical and legal framework, this paper seeks to provide a critical analysis of whether or not treaties of international law, such as the Convention on the Rights of Children (UNCRC), have an unyielded potential to spark a tangible, beneficial change in the promotion of children’s rights, or if such doctrines are nothing more than glorified pieces of lip service paid to bolster the signatory country’s face value on a global level.

Children's Rights in Bulgaria after the End of Communism

2009 ◽  
Vol 17 (4) ◽  
pp. 623-646 ◽  
Author(s):  
Velina Todorova
Keyword(s):  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
Political Agenda ◽  
The European Union ◽  
Health Care Education ◽  
Political Will ◽  
Rights Of The Child ◽  
Communist System ◽  
Residential Institutions

AbstractNot surprisingly, the end of communism marked a swift collapse of the protection of children's rights in Bulgaria. The paper critically examines the complete lack of humane 'communism exit' strategies in the country. Rather, the state quietly withdrew from guaranteeing the basic rights of the child such as rights to health care, education and day care deserting families to cope with child upbringing in a hostile and deregulated environment. At the end of the 20th century the only remainings of the former communist system appeared to be the residential institutions providing care for 30,000 abandoned or delinquent children. The new system for the protection of children' rights has to be built besides the lack of a clear political will but within the supportive milieu both of the accession to the European Union negotiations and the UN CRC being part of the national legal framework. The essential safeguards of the children's rights are in place in Bulgaria of today. This raises the expectations that the children's rights will receive adequate place in the political agenda and in resource allocation.

Leveraging International Law to Strengthen the National Legal Framework on Child Sexual Abuse Material in Namibia

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Sabine Katharina Witting ◽  
Markus Angula
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
International Law ◽  
Child Pornography ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
Child Prostitution ◽  
Optional Protocol ◽  
Rights Of The Child

With the gazetting of the Regulations of the Child Care and Protection Act 3 of 2015, on 30 January 2019, a crucial regulatory piece of children’s rights in Namibia has finally been operationalised. However, the Act insufficiently addresses new emerging online offences against children such as the possession and distribution of child sexual abuse material, and hence leaves a considerable gap in the protection of children’s rights. As the Namibian Constitution follows a monist approach to international law, this article argues that the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography can be directly applied to complement the national legal framework to prosecute cases of possessing and disseminating child sexual abuse material, while upholding fair-trial principles.

scholarly journals Policy and legal framework on protecting children’s rights in Latvia and Sri Lanka

2022 ◽  
Vol 131 ◽  
pp. 03001
Author(s):  
Shelomi Perera ◽  
Ilze Trapenciere ◽  
Lolita Vilka
Keyword(s):  
Social Work ◽  
Sri Lanka ◽  
Implementation Process ◽  
Children's Rights ◽  
Legal Framework ◽  
Global Perspective ◽  
Children’S Rights ◽  
Cultural Economic ◽  
Domestic Servants ◽  
Rights Of The Child

The article focuses on comparing policies and legislation, that affect social-work professionals in implementing children’s rights of Latvia and Sri Lanka. It attempts to disclose legal framework of the two countries in different socio-cultural, economic and geographical contexts (European and South-Asian) on implementing children’s rights, with base of United Nations Convention on the Rights of the Child (UNCRC). This study analyses local policies, laws, institutional structure and its implementation processes. Policy review has been made by a content analysis, empirical research conducted doing expert interviews (n = 10) focusing on implementation process. Similarities and differences are discussed between two contexts with the standpoint of global perspective of Social work as a global profession. Research results reveal that both countries have sufficient level of policies and legislation to adapt UNCRC, and established specific government bodies for ensuring children’s rights. At the same time differences are identified in application of Foster Families, Engagement of children in employments, Children employed as domestic servants, Corporal Punishment to children, in Policy implementation process in Latvia and Sri Lanka.

UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 14 (2) ◽  
pp. 109-120
Author(s):  
T N Sithole ◽  
Kgothatso B Shai
Keyword(s):  
South Africa ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Vulnerable Groups ◽  
Great Awareness ◽  
Policy Theory ◽  
Rights Of The Child ◽  
The Status ◽  
Customary Practices

Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.

The Health Rights of Children

2020 ◽  
pp. 366-385
Author(s):  
Ursula Kilkelly
Keyword(s):  
Health Care ◽  
Children's Rights ◽  
Children’S Rights ◽  
Agenda 2030 ◽  
Rights Of The Child ◽  
Development Agenda ◽  
Development Goals ◽  
Health Rights ◽  
Missed Opportunity ◽  
Specific Health

Article 24 of the UN Convention on the Rights of the Child (CRC) recognizes the child’s right to health and health care. Despite its importance, surprisingly little international advocacy focuses exclusively on child’s health. The Committee on the Rights of the Child has addressed health and health care issues in many of its General Comments, but it has been surprisingly slow to adopt a General Comment dedicated to Article 24. There has also been an apparent disconnect between children’s rights law and the global development agenda. While the UN Sustainable Development Goals address many of children’s specific health needs, they do not mention the CRC and are not framed in rights terms. Although progress continues in advancing Agenda 2030, it is not clear whether greater progress would have been possible were these goals expressed as a matter of children’s rights. Overall, this process appears to be a missed opportunity to advance the child’s rights to health.

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