scholarly journals Implementing the Convention on the Rights of the Child for ‘youth’: who and how?

2012 ◽  
Vol 20 (1) ◽  
pp. 3-23 ◽  
Author(s):  
Ellen Desmet

From various perspectives, an ambiguous relationship between the Convention on the Rights of the Child and young persons emerges. Given the overlap between the target groups of children’s rights policies and youth policies, the current and potential connections between these two policies are explored, in order to assess whether (further) linking these policies could increase the realization of the rights of young persons. The inquiry is carried out at the international and European level (United Nations, Council of Europe and European Union), on the one hand, and within Flanders (Belgium), on the other. Contrasting results appear, calling for a middle ground in the degree of interconnection between children’s rights policies and youth policies.

EGALITA ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Dina Tsalist Wildana ◽  
Irham Bashori Hasba

<p>Marriage at the age of children still occur in some areas. Not only in Indonesia, in some areas is still high number of early marriages. Indonesia has had a regulation on the protection of children. But on the other hand the marriage at the age of children is still high even ranked second in Southeast Asia after Cambodia. This obviously shows that regulation owned does not run optimally. This article will discuss about some children's rights that are violated by the existence of early marriage. Despite showing some of the negative effects of marriage on the age of the child but at the end of this writing offers several formulations so that children in the age of marriage is not so much seized the rights of the child.</p><p>Perkawinan di usia anak masih marak terjadi di beberapa wilayah. Tidak hanya di Indonesia, di beberapa wilayah masih tinggi angka perkawinan dini.Di Indonesia telah memiliki regulasi tentang perlindungan anak. Namun disisi lain perkawinan di usia anak masih tinggi bahkan menduduki peringkat ke 2 se Asia Tenggara setelah Kamboja. Hal ini jelas menunjukkan regulasi yang dimiliki tidak berjalan optimal. Pada tulisan ini akan membahas tentang beberapa hak anak yang dilanggar dengan adanya perkawinan dini. Kendati menunjukkan beberapa dampak negatifdari perkawinan di usia anak namun di akhir tulisan ini menawarkan beberapa formulasi agar perkawinan di usia anak tidak begitu banyak menyita hak-hak anak.</p><p> </p><p align="center"> </p><p> </p>


2021 ◽  
Vol 65 (4) ◽  
pp. 307-326
Author(s):  
Emese Florian ◽  

"For obvious reasons, the child requires protection and is beneficiary of said protection, usually received by his/her parents; on the other hand, he/she possesses wide array of children's rights and freedoms stipulated in international documents and reflected in our domestic law. Parental rights and duties regarding the person and the child's property, generically designated by the phrase ""parental authority"", are impregnated by the rights of the child (I) and circumscribe the exercise of that authority (II)."


Childhood ◽  
2019 ◽  
Vol 26 (3) ◽  
pp. 386-406
Author(s):  
Johanna von Bahr

This article offers the first quantitative analysis of European Union external strategies for children’s rights. Drawing on original data, it finds that European Union diplomatic pressure and economic aid have increased over time but that the European Union still lacks independent policy positions on children’s rights. European Union strategies target states to different degrees and international non-governmental organizations are favoured over domestic organizations. Findings suggest that the European Union is becoming a more significant actor of child rights governance, underscoring the value of a comparative approach.


Author(s):  
Inta Siliniece

One of today's most important issues in the field of international civil justice is the provision of family and children's rights. These are the right of the child to be in contact with both parents and the right of parents to take part in the upbringing of children. This is especially important if parents live separately or even in different countries. The global processes of globalization and the active lifestyle of people moving from one country to another determine the topicality of the issue. Increasingly, children are illegally moved from one country to another, thus limiting both the rights of the child with the other parent and the right of the other parent in the upbringing of the child.


2011 ◽  
Vol 19 (3) ◽  
pp. 429-449 ◽  
Author(s):  
Nigel A Thomas ◽  
Karl C Hanson ◽  
Brian B Gran

AbstractThis article attempts to understand the distinctive role of independent human rights institutions for children (IHRICs) in Europe, in the context of the proposed EU strategy on the rights of the child. It begins by explaining the distinctive characteristics of IHRICs, their presence, location and organisation in Europe, and the role of the European Network of Ombudspersons for Children (ENOC). It goes on to examine their developing relationships, individually and collectively, with European institutions (in particular the institutions of the European Union, but also with reference to the Council of Europe). The article draws on observations of the annual conference of ENOC in 2010, and on interviews with members of ENOC. The article follows this with a discussion of how IHRICs may be understood as operating at the interface of regional, national, European and global mechanisms, and concludes with a review of current issues and some questions for future research.


2021 ◽  
Vol 2 (2) ◽  
pp. 241-255
Author(s):  
Marcin Wielec

The considerations undertaken in the scientific article constitute an analysis and evaluation of the solutions included in the government's legislative proposal aimed to change the provisions of the Code of Criminal Procedure, the Family and Guardianship Code, and the Law on the System of Common Courts with regard to the position of minor victims. The legislative initiative is a significant change that aims to improve the protection of children participating in criminal procedures. This legal act’s draft indicates the provision of a special position to children in the criminal procedure. If children happen to be the aggrieved parties in criminal procedures, they deserve to be met by the court and participants with exceptional awareness and sensitivity. I am of the opinion that the criminal procedure must be structured in such a way that the participating children feel safe. The judiciary should aim to be child-friendly. It is extremely important that children feel understood as well as they understand the new legal reality in which they find themselves. In this analysis, I have referred to the regulations on the protection of children's rights under the international law and the law of the European Union. In this study, I have laid emphasis on the point that the proposed legislative solutions should meet the assumptions of the European directives issued by the European Union institutions as well as the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice, the main act on the protection of children's rights issued by the Council of Europe.


2019 ◽  
Vol 1 (2) ◽  
pp. 87-94
Author(s):  
Arhjayati Rahim

Crimes committed by children in Indonesia has reached its peak it signified the increasing rate of crimes committed by children. A dilemma when it comes to handling the perpetrators of crimes committed by children, on the other hand children are vulnerable creatures and  tend not to be accountable as a result of his actions, on the other hand the child has committed a criminal offense that harm others. That many regulations that have been published  to address the issue. The most recent is the Law No. 11 Year 2012 on child criminal justice system, which emphasizes the process of diversion in solving criminal cases involving children.             Diversion destination is clear in Act No. 11 of 2012 concerning juvenile justice system Article 6 of diversion aims: Achieving peace victims and children, Resolving cases of children outside the judicial process, Protects children from the deprivation of liberty, Encouraging people to participate, Instill a sense of responsibility answer to this Child. Hal accordance with the principle of fulfillment of children's rights. So in this paper will discuss setting How Diversion Law as a form of Human Rights Protection. The existence of a diversion process in some cases of child crime that must be sought, it is hoped that in the future it will provide ideal and comprehensive protection for handling cases of children facing the law so that the fulfillment of children's rights both as victims and perpetrators can be carried out effectively and lead to fulfillment human rights because the truth is that human rights are inherent rights and exist in every human being and must be protected by the state  Keywords : Human Rights , Rights of the Child , Diversion


2018 ◽  
Vol 14 (2) ◽  
pp. 119-126
Author(s):  
Małgorzata Turczyk

Turczyk Małgorzata, Kategoria praw dziecka w refleksji dydaktyki akademickiej [The category of children’s rights in the reflection of academic didactics]. Kultura – Społeczeństwo – Edukacja nr 2(14) 2018, Poznań 2018, pp. 119–126, Adam Mickiewicz University Press. ISSN 2300-0422. DOI 10.14746/kse.2018.14.10. This paper concerns the place and meaning of a new category of children’s rights, which also finds its place in the area of interest of academic didactics. The current approach to human rights in schooling is basically normative, thus, the present academic didactics is challenged to prepare students of education – and teaching – related faculties to confront the issues in the field of children’s rights at work in a professional manner. The paper illustrates an author’s concept of didactics in terms of education to children’s rights at higher schools which was elaborated based of the research on the didactic aspects of children’s rights education for teachers and educationists on the academic level. The following issues were put in question and served as a basis for specific approaches to academic didactics in terms of education on children’s rights: an essence and need for inclusion of content related to children’s rights in academic learning practice, didactic tools at teacher’s disposal and their role in education for children’s rights. On the one hand, the paper presents a discussion on theprofessional preparation of teachers and educationists to face challenges related to protection and promotion of children’s rights within educational environments. On the other hand, it includes an attempt to merge the discrepancy between theory and practice in this field.


2017 ◽  
Vol 5 (3) ◽  
pp. 207-218 ◽  
Author(s):  
Helen Stalford ◽  
Liam Cairns ◽  
Jeremy Marshall

Making the justice process ‘child friendly’ is a key priority for the children’s rights community. An abundance of commentary has been produced by the UN Committee on the Rights of the Child to highlight how justice proceedings can be made more accessible for children and, in 2010, the Council of Europe issued its comprehensive ‘Guidelines on Child Friendly Justice’. Despite these efforts, children remain ill-informed, not just about the nature of justice proceedings in which they may be implicated, but about the very existence and scope of their rights and how to enforce them. Despite unequivocal acknowledgement that the availability and accessibility of information is the crucial starting point in a children’s rights-based approach to dispensing justice, there has been surprisingly little attempt to scrutinise the availability, quality and accessibility of information about laws and policies affecting children. This article takes a closer look at what, exactly, ‘child friendly’ information means in practice. In doing so, we argue that attempts to develop child friendly information have yet to progress beyond adult-driven, largely tokenistic and superficial re-branding exercises. As such, efforts to develop child friendly resources are often of limited value in empowering young people to develop their legal literacy and realise their rights in practice. We reflect on our attempt to develop an explicitly children’s rights-based approach to the development of child friendly resources with a view to enhancing their purchase. This took place in the context of a pilot project, commissioned by the Council of Europe in June 2014, to create a child friendly version of their Child Friendly Justice Guidelines.


2012 ◽  
Vol 20 (1) ◽  
pp. 155-168 ◽  
Author(s):  
Didier Reynaert ◽  
Maria Bouverne-De Bie ◽  
Stijn Vandevelde

Practices in the field of children’s rights presuppose an agreement on what children’s rights are. Consequently, the implementation of more children’s rights is logically better for children. But is this really the case? In this paper, we try to answer this question critically. The problem with this question however is that from the outset, it becomes overshadowed by a highly polarised discussion between what Stammers (2009) calls ‘uncritical proponents’ at the one hand and ‘uncritical opponents’ at the other hand. The former have a blind belief in the obvious positive effects of children’s rights. The latter radically deny the value children’s rights can have in the aim to realise a greater respect for children. Neither positions are constitutive in strengthening the framework of children’ rights since they both start from a ‘consensus thinking’ on children’s rights. What current thinking in children’s rights lacks is “critique”, considered as questioning and analyzing assumptions that are embedded in current practices in the field of children’s rights. In this article, we argue for the development of a tradition of “critical proponents” in children’s rights in a plea for a tradition of ‘critical children’s rights studies’.


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