International Conventions and the Regulation of Migration: The Convention on the Rights of the Child and Sweden

2012 ◽  
Vol 20 (1) ◽  
pp. 122-140 ◽  
Author(s):  
Hans E. Andersson
Keyword(s):  
Health Care ◽  
Human Rights ◽  
United Nations ◽  
Asylum Seekers ◽  
Undocumented Immigrants ◽  
Social Rights ◽  
Rights Of The Child ◽  
Ability To Act ◽  
United Nations Convention ◽  
International Conventions

It is a contested issue to what extent international conventions on human rights actually constrain states. While earlier shown that courts may invoke international conventions, this article investigates to what extent legislators, when it comes to migration, are similarly restrained. In a context where the trend is that states limit immigration and curb asylum seekers and undocumented immigrants’ social rights, the answer would seem to be that states are obviously unhampered. However, in Sweden there have been changes to the Swedish Aliens Act and to the entitlement to health care which have rather safeguarded asylum seeking and undocumented children’s situation. This article discusses the role that the United Nations Convention on the Rights of the Child (CRC) has played in this development and considers whether this has restrained Sweden’s ability to act.

scholarly journals Protection of Children’s Human Rights and Health: A Legacy of Julian Kramsztyk, Janusz Korczak, and Ludwik Rajchman

2018 ◽  
Vol 5 ◽  
pp. 2333794X1775415 ◽  
Author(s):  
Piotr Woltanowski ◽  
Andrzej Wincewicz ◽  
Stanisław Sulkowski
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Strong Association ◽  
League Of Nations ◽  
Medical Doctors ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Emergency Fund ◽  
Pediatric Disorders ◽  
Scientific Achievements

Tutor of generations of Warsaw medical doctors, Julian Kramsztyk (1851-1926) was son of Rabbi Izaak Kramsztyk, Polish patriot and fighter for independent Poland. Julian Kramsztyk graduated in medicine from Warsaw University in 1873 to soon work as a supervisor of the Internal Diseases Department of Bersohns and Baumans Children’s Hospital from 1878 to 1910, and despite of refusing professorship from Imperial Warsaw University, he worked as a lecturer of pediatric disorders from 1880 with strong association of his medical practice with scientific and editorial tasks as well as engaging in charity. This article focuses on selective retrieval of biographical data of social and scientific achievements of followers of Julian Kramsztyk: his student, pioneer of children human rights, and pioneer of healthy patterns of nutrition of children, pediatrician Janusz Korczak (Henryk Goldszmit; 1878 or 1879-1942); and a skilled bacteriologist and a brilliant epidemiologist who was a prominent activist of the League of Nations (later United Nations Organization), cofounder of the UNICEF (United Nations Children’s Emergency Fund), and the first chairman of the Organization from 1946 to 1950, which was primarily dedicated to “provide emergency food and health care to children in postwar time,” Ludwik Rajchman (1881-1965). Janusz Korczak works laid foundation for international recognition of children rights to health, respect, education, privacy, and all the other human rights to be included in the United Nations Convention on the Rights of the Child (UNCRC). In 1989, nutrition and vaccination issues were the main medical interests of these medical doctors and still remain major fields of UNICEF actions.

Measuring Children's Rights: An Alternative Approach

2008 ◽  
Vol 16 (4) ◽  
pp. 545-563 ◽  
Author(s):  
Edzia Carvalho
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
Measurement Matrix ◽  
Academic Literature ◽  
Rights Of The Child ◽  
Alternative Approach ◽  
The Matrix ◽  
United Nations Convention

AbstractThe rights of the child, as recognised by the United Nations Convention on the Rights of the Child have been increasingly reiterated in international declarations and national commitments. However, there exists a disparity in ‘the de jure protection and de facto realization of human rights’ (Landman 2005: 5). The relative absence of systematic engagement within academia and without on the issue of mapping the operationalisation of children's rights by States not only hinders ongoing attempts to identify and explain the causes and variation in the failure to implement children's rights but also weakens national and international efforts to hold States accountable for their obligations. This article seeks to address the lack of utilisation of measures of children's rights and the deficiencies in the measures that are in use. By drawing on the existing academic literature and intergovernmental efforts to measure human rights, the article proposes a measurement matrix that could be used to chart the implementation of States' obligations towards children's rights. The matrix is an attempt to further the emerging international endeavours to develop children's rights indicators.

scholarly journals THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND PROTECTION OF CHILDREN’S RIGHTS AT CONSTITUTIONAL LEVEL

2016 ◽  
pp. 0-0
Author(s):  
Марина Шелютто ◽  
Marina SHyelyutto
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
Venice Commission

The adoption of the United Nations Convention on the Rights of the Child in 1989 meant the international recognition of children as autonomous right-holders. The Convention includes practically all traditional human rights: civil, political, economic, social and cultural rights, to which every child is entitled. The Report on the Protection of Children’s Rights: International Standards and Domestic Constitutions adopted by the Venice Commission in 2014 shows that national constitutions of some Council of Europe Member States have implemented the provisions of the Convention in different manner after its adoption. Some constitutions (the Russian Constitution is among them, too) reflect the traditional paternalistic approach (according to which children need protection) but not the rights-based approach. The inclusion in the Constitution of guarantees of rights for everyone may be insufficient to ensure respect for these rights for every child. The recommendations of the UN Committee on the Rights of the Child and the Venice Commission to include in national constitutions the key message that children are holders of human rights and the general principals of the Convention are topical for the Russian Federation.

scholarly journals PERLINDUNGAN HAM PEKERJA MIGRAN: KAJIAN NORMATIF KEWAJIBAN INDONESIA BERDASAR PRINSIP-PRINSIP DAN NORMA-NORMA HUKUM INTERNASIONAL

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Sri Lestari Rahayu ◽  
Siti Muslimah ◽  
Sasmini ,
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Migrant Workers ◽  
Legal Argumentation ◽  
Customary International Law ◽  
Legal Principles ◽  
Protection Of Human Rights ◽  
United Nations Convention ◽  
International Conventions

<p align="center"><strong><em>A</em></strong><strong><em>b</em></strong><strong><em>s</em></strong><strong><em>t</em></strong><strong><em>r</em></strong><strong><em>a</em></strong><strong><em>c</em></strong><strong><em>t</em></strong></p><p><em>T</em><em>h</em><em>i</em><em>s research is conducted to get a legal argumentation related to responsibility of Indonesia on protection of its citizen, especially migrant workers. The question will be answered by determining the norms and principles that underlie Indonesia in protecting the human rights of its citizens. The sources of this research are international conventions, customary international law, doctrine, legal instruments in Indonesia and some of publications concerning the state responsibility to protect migrant workers. The legal sources collected by study documentation are analyzed by interpretation and content analysis. The results show that the general legal principles in which become basic of Indonesia associated with its obligation to provide protection of human rights of women migrant workers are based on the principle of nationality/citizenship of Indonesia, the principle of pacta sunt servanda, the principle of exhaustion of local remedies, the shift in meaning of the sovereignty principle and recognition principles theory of natural rights which inherent in every human being. While the norms are contained in the Migration for Employment Convention (Revised), 1949 (No. 97), the Convention on Migrant Workers (Supplementary Provisions), 1975 (No. 143), United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1</em><em>9</em><em>9</em><em>0</em><em>.</em></p><p><strong><em>Key words: </em></strong><em>human rights, migrant workers, obligations, international law</em></p><p align="center"><strong>A</strong><strong>b</strong><strong>s</strong><strong>t</strong><strong>ra</strong><strong>k</strong></p><p>Penelitian ini dilakukan untuk memperolah gambaran yang lebih mendalam mengenai tanggung jawab Negara Indonesia dalam memberikan perlindungan terhadap hak-hak warga negaranya, khususnya pekerja migran. Penulis mencoba menjawab permasalahan tersebut dari sisi normatif yaitu dengan mendasarkan pada norma-norma dan prinsip-prinsip yang mewajibkan setiap negara termasuk Indone- sia untuk melindungi hak asasi warga negaranya. Bahan penelitian yang digunakan meliputi perjanjian- perjanjian internasional, doktrin, hukum kebiasaan internasional, peraturan perundang-undangan di Indonesia, serta beberapa publikasi yang terkait dengan kewajiban negara atas perlindungan pekerja migran. Bahan hukum yang dikumpulkan melalui studi dokumen selanjutnya dianalisis melalui interpretasi teks dan analisis isi. Hasil pembahasan menunjukkan bahwa prinsip-prinsip hukum umum yang menjadi dasar Indonesia terkait dengan kewajibannya untuk memberikan perlindungan HAM pekerja migran didasarkan pada prinsip nasionalitas, prinsip <em>pacta sunt servanda</em>, prinsip <em>exhaustion of local remedies</em>, pergeresan makna prinsip kedaulatan dan diakuinya prinsip teori hak-hak kodrati yang melekat dalam diri setiap manusia. Sedangkan norma-normanya terdapat dalam Konvensi Migrasi untuk Pekerjaan (Revisi), 1949 (No. 97), Konvensi Pekerja Migran (Ketentuan-Ketentuan Tambahan), 1975 (No. 143), <em>United Nations Convention on The Protection of The Rights of All Migran Workers and Member of Their Families </em>tahun 1990.</p><strong>Kata kunci: </strong>hak asasi manusia (HAM), pekerja migran, kewajiban, hukum internasional

scholarly journals From the Indicators of General Comment No. 7 to GlobalChild

2019 ◽  
Vol 27 (4) ◽  
pp. 821-851 ◽  
Author(s):  
Ziba Vaghri ◽  
Lothar Krappmann ◽  
Jaap Doek
Keyword(s):  
Human Rights ◽  
Data Collection ◽  
United Nations ◽  
State Party ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The Impact ◽  
Improve State ◽  
Monitoring Platform ◽  
Indicator Sets

Implementation of the United Nations Convention on the Rights of the Child (crc) hinges on appropriate data collection to clarify actors’ accountability and the impact of this on children. In spite of widespread ratification and revised legislation, most State Parties have not adequately implemented the crc. The evidence demonstrates that indicators can assist with implementing and monitoring human rights. We present an account of a decade of work conducted under the auspices of the UN Committee on the Rights of the Child, towards developing indicator sets which map the degree of rights implementation. The work started with the rights of young children, outlined in the Committee’s General Comment No. 7. It will culminate in a comprehensive monitoring platform, called GlobalChild, to improve State Parties’ accountability to children through pointing at crucial aspects of the process of compliance with the crc for which the State Party and its administration are accountable.

The child’s voice in adoption proceedings: A European perspective

2013 ◽  
Vol 21 (4) ◽  
pp. 590-615
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
United Nations ◽  
European Perspective ◽  
Rights Of The Child ◽  
European Court ◽  
The World ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

The right of the child to be heard in adoption proceedings flows directly from the provisions of the United Nations Convention on the Rights of the Child, ratified by almost every country in the world. In this paper, the interpretation of this principle across European jurisdictions will be analysed, both in terms of children who are old enough to make a determinative decision concerning their future, and those who are younger yet still possess the right to be heard. The wide variety of practices in Europe highlight the lack of progress in this field of law, which is not assisted by the conservative jurisprudence of the European Court of Human Rights.

scholarly journals Children's rights in Swedish teacher education

2020 ◽  
Vol 3 (2) ◽  
pp. 49-67
Author(s):  
Åsa Olsson
Keyword(s):  
Teacher Education ◽  
Human Rights ◽  
Social Change ◽  
United Nations ◽  
Teacher Educators ◽  
Children's Rights ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Domestic Law

In 2020, the United Nations Convention on the Rights of the Child (UNCRC) was incorporated into Swedish domestic law. In the proposals for new legislation, it is emphasised that steps be taken to develop knowledge of children’s rights among professionals at all levels. This article explores the presence and status of children’s rights in Swedish teacher education. A total of 362 teacher-education course plans and syllabi at 12 universities were examined, and a questionnaire was conducted among 156 teacher educators. Although teacher educators judge knowledge around children’s rights to be important for pre-service teachers, the syllabi provide little guidance as to what knowledge pre-service teachers need. Using the framework for analysing human rights education designed by educational specialist Felisa Tibbitts, it is concluded that Swedish teacher education fits with a Values and Awareness Model, which is associated with socialisation but not with social change.

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