Critical Race Theory and Children’s Rights

Author(s):  
Natsu Taylor Saito ◽  
Akilah J. Kinnison

Racialized privilege and subordination impact children’s rights in many ways. This chapter begins with an overview of critical race theory (CRT), a framework that has been used primarily to assess the roles played by race and racism in the US legal system. It then summarizes key provisions of international law that prohibit racial discrimination and protect the right of all peoples to self-determination, focusing on how these norms impact children’s rights. Noting the importance of addressing the intersection of race and rights, this chapter suggests that the application of CRT principles could enhance the recognition of children’s rights in international law.

2021 ◽  
pp. 002216782110627
Author(s):  
Hyung Chol Yoo ◽  
Abigail K. Gabriel ◽  
Sumie Okazaki

Research within Asian American psychology continually grows to include a range of topics that expand on the heterogeneity, hybridity, and multiplicity of the Asian American psychological experience. Still, research focused on distinct racialization and psychological processes of Asians in America is limited. To advance scientific knowledge on the study of race and racism in the lives of Asian Americans, we draw on Asian critical race theory and an Asian Americanist perspective that emphasizes the unique history of oppression, resilience, and resistance among Asian Americans. First, we discuss the rationale and significance of applying Asian critical race theory to Asian American psychology. Second, we review the racialized history of Asians in America, including the dissemination of essentialist stereotypes (e.g., perpetual foreigner, model minority, and sexual deviants) and the political formation of an Asian American racial identity beginning in the late 1960s. We emphasize that this history is inextricably linked to how race and racism is understood and studied today in Asian American psychology. Finally, we discuss the implications of Asian critical race theory and an Asian Americanist perspective to research within Asian American psychology and conclude with suggestions for future research to advance current theory and methodology.


Author(s):  
Ronald William Whitaker II ◽  
Angela Campbell ◽  
Jeramie Iannelli

In his classic book titled Race Matters, West courageously deals with issues of race and racism in an unapologetic manner. In this chapter, the authors also unapologetically deal with issues of race and racism within the context of education and society. Specifically, the authors highlight a graduate education course within their institution that compels both students and professors to be vulnerable and truthful about race, racism, diversity, equity, systemic inequalities, and White privilege through service learning. The authors argue that his approach is necessary give the fact that historically, the aforementioned has impacted the educational experiences for students of Color, but in particular, Black and Brown children. The authors explore this work through critical race theory. The authors conclude the chapter with implications for practice.


2019 ◽  
Vol 56 (3) ◽  
pp. 499-529
Author(s):  
Deena Khalil ◽  
Elizabeth Brown

Purpose: This article describes one charter school’s ‘diversity’ initiative—a relocation to a racially and socioeconomically diverse site—intended to reintegrate minoritized students displaced by gentrification. Research Design: We employ Critical Race Quantitative Intersectionality to frame the descriptive analyses of student enrollment, city census, and parent survey data that narrates the resulting student demographics after a school’s relocation. Our goal in utilizing an anti-racist framework rooted in Critical Race Theory is to a) quantify the racist material impact of “race-neutral” reform through intersectional data mining, b) disrupt the notion of letting “numbers speak for themselves” without critical analysis, and c) taking a transdisciplinary perspective to reveal the hidden patterns of whiteness under the guise of diversity. Findings: Our findings highlight the limits of a school’s agency to implement ‘diversity’ policies aimed at reintegrating minoritized students displaced from opportunity. While the relocation racially diversified the student population, the policy failed to reintegrate the district’s historically minoritized population. This exclusion both limited who had the right to use and enjoy the school and reinforced the school’s status and reputation, thus cementing its whiteness as property. Implications: We conceptualize diversity dissonance as a framework that challenges the unary ahistorical criteria that describe current school demographics, and calls for leaders and policymakers to problematize how the construct of diversity is interpreted when considering minoritized students’ access to programs and schools. Diversity dissonance situates diversity from solely an inclusive rhetoric to an exclusionary one, where limited access reinforces status—mimicking rather than juxtaposing whiteness.


2019 ◽  
Vol 10 (7) ◽  
pp. 2002
Author(s):  
Kairat KAPSALYAMOV ◽  
Saule KAPSALYAMOVA ◽  
Dinara OSMANOVA ◽  
Baurzhan ZHUZBAEV ◽  
Bakhyt ZHUSIPOVA

This research discusses the urgent problems of regulating children’s rights at the global level. The goal is a comprehensive theoretical analysis of the children’s rights and their normative consolidation in international law; studying the effectiveness of protection mechanisms and the development of theoretical and practical proposals directed to improving the measures taken by Kazakhstan in this direction. The methodological basis of the study forms historical and comparative legal methods, which involved the analysis of scientific works on the issues of sociology, psychology, economics and law. At the same time, research methods include logical and systematic analyzes. The primary sources of information were laws and regulations defining the development aspects of the institution responsible for protecting the rights of children. Analyzing the situation in Kazakhstan showed that there are sufficient issues to be addressed. For instance, it is necessary to ensure that all children have the right to receiving high-quality educational services such as preschool organizations. Moreover, the existing ones should be modernized, and their total number should be increased. In villages, it is necessary to establish ungraded schools according to the desire of the people. The research results can be applied in the legal education system in studying the children’s rights; as well as in professional legal and pedagogical educational institutions, in the study of subjects such as ‘Human Rights’ and ‘Children's Rights’.


1998 ◽  
Vol 28 (4) ◽  
pp. 683
Author(s):  
K Upston-Hooper

This article considers the perspectives of four contributors to the current discourse on the Treaty of Waitangi: Professor Jane Kelsey, Dr Paul McHugh, Professor F M Brookfield and Moana Jackson.  The jurisprudential underpinnings of each authors arguments are examined.  The article focuses on the degree to which two new forms of jurisprudential thought, Critical Legal Studies and Critical Race Theory, have informed the Treaty discourse. The article concludes that, although such critical jurisprudence has yet to permeate New Zealand jurisprudence in any meaningful way, Critical Race Theory could help transform post-settler legal thinking. This article was awarded the Quentin-Baxter LLM prize in Public and International Law in 1997.


2020 ◽  
Vol 3 (1) ◽  
pp. 52-71
Author(s):  
Andrea N Smith

Teacher education programs are charged with preparing teacher candidates to successfully educate student populations that are more racially and culturally diverse than ever. However, a look at graduation rates among teacher education programs proves that the majority still produce, on average, a teaching force that is 80% White, although White students make up less than 49% the total Kindergarten-12th grade public school population (U.S. Department of Education, 2016). Absent from the dialogue on diversity in teacher education is a discussion on how race and racism are institutionalized and maintained within such programs (Sleeter, 2016). In this article, the use of Critical Race Theory (CRT) offers tools to examine the role of race and racism in teacher education. I further consider the role CRT can play in the disruption of postsecondary rhetoric about teacher education programs. Focus is placed on my own experiences in a Teaching Internship Seminar course when applying the structures of CRT to encourage conversations on disruptive practices that facilitate social justice in a course within a teacher preparation program. The tenets of interest convergence and permanence of racism are examined in the context of course development as pedagogical practices that disrupt normative patterns in teacher education. I conclude by envisioning how faculty in teacher education programs might address these challenges in such a way that offers suggestions derived from these tenets.


2021 ◽  
Author(s):  
Alauna Safarpour ◽  
David Lazer ◽  
Jennifer Lin ◽  
Caroline H Pippert ◽  
James Druckman ◽  
...  

In a few short years, the scholarly approach known as Critical Race Theory (CRT) went from a relatively obscure academic framework to the new front in the American culture wars. CRT has made its way to the front pages of newspapers, cable news show’s primetime specials, Presidential executive orders, and a slate of laws and regulations dictating how history can be taught in public schools. Critical Race Theory1 is an academic movement of scholars who investigate and seek to change the existing power dynamic between race and racism in society.CRT began in the 1970s among legal scholars and has since influenced other fields such as sociology, education, and ethnic studies. CRT consists of several basic tenants or themes, although substantial individual variation exists across scholars. Among these is the notion that race is socially constructed (there is no biological basis for what we think of as race), the idea that racism is normalized as part of everyday society (it is entrenched in modern institutions and policies and can be difficult to combat), and the idea that the dominant group have little incentive to eliminate racism because the current racial hierarchy serves important material and psychological needs. Other themes in CRT include the idea of intersectionality which argues that belonging to multiple oppressed groups is a distinctive experience that is more than just the sum of its parts.


2021 ◽  
Vol 27 (2) ◽  
pp. 281-307
Author(s):  
Dean Spade ◽  
Aaron Belkin

Does advocating for queer and trans people to serve in the US military move the struggle for queer and trans justice forward toward liberation by improving the lives of queer and trans soldiers and increasing societal acceptance of queer and trans people? Or does it legitimize US military imperialism and increase the likelihood of more queer and trans people being abused and traumatized in the US military? This article consists of a conversation between Aaron Belkin, director of the Palm Center, who has spent decades advocating for queer and trans military inclusion, and Dean Spade, a trans racial- and- economic- justice–focused activist and scholar who opposes military inclusion advocacy. The conversation examines fundamental debates about the possibilities and limits of legal equality for marginalized and stigmatized groups, drawing on critical race theory, women of color feminisms, anticolonial critique, and competing theories of queer and trans liberation work.


Genre ◽  
2021 ◽  
Vol 54 (2) ◽  
pp. 167-193
Author(s):  
Valentina Montero Román

This essay argues that Valeria Luiselli's Lost Children Archive (2019) experiments with literary techniques often associated with the “big, ambitious novel” to represent the pervasive problems created by US racial construction. More specifically, it contends that Luiselli's novel evokes the archive in its fragmentation, recombinant organization, and narrative multiplicity as a means for demonstrating the complexity and relentlessness of the refugee crisis and the constructions of Latinx difference that develop alongside it. Creating a recursive, referential narrative form, Lost Children Archive highlights the absences of refugee voices, attends to the histories of violence that have led to their disappearance, and refuses to posit an answer to how the story of the crisis ends. This analysis reroutes theories of the big, ambitious novel through discussions of archival recovery, immigrant maximalism, and historical revision developed in feminist and critical race theory, and suggests that big, ambitious novel strategies like polyphony, fragmentation, and centripetal connectivity are the provenance of women and people of color at least as much as they are the domain of the white men often associated with the form.


2009 ◽  
Vol 40 (3) ◽  
pp. 395-410 ◽  
Author(s):  
Christopher J. Metzler

This article provides the theoretical and conceptual grounding for understanding how critical race theory (CRT), as a discourse of liberation, can be used as a methodological and epistemological tool to expose the ways that race and racism affect the lives of Blacks in the United States, post-Obama. To that extent, the goal is threefold. First, CRT is adequately defined by situating it within a specific sociohistorical context. Further, an argument is presented for why there is a need for CRT in current racial discourse. In doing so, a discussion is presented of why the term postracial is meaningless as a critique. Finally, the current racial discourse in the Obama presidency is examined, including his attempt to discuss race in a nuanced way that placates Whites and panders to Blacks, some of whom are so caught up in the symbolism of his presidency that they are willing to collude with many Whites who do not want a Black president but a president who happens to be Black. But the devil is in the details. As such, the case is made that Obama’s racial bargaining—as in the metaphorical Faustian bargain—is dangerous and tantamount to a deal with the devil.


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