Economic and Social Rights, Budgets and the Convention on the Rights of the Child

2013 ◽  
Vol 21 (2) ◽  
pp. 248-277 ◽  
Author(s):  
Aoife Nolan
Keyword(s):  
Decision Making ◽  
Social Rights ◽  
Child Rights ◽  
Rights Of The Child ◽  
Budget Analysis ◽  
Key Issues ◽  
Significant Obstacle ◽  
The Right ◽  
The Relationship

Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.

scholarly journals The Role of Open and Distance Learning in the Implementation of the Right to Education in Zambia

2008 ◽  
Vol 9 (1) ◽  
Author(s):  
Richard Siaciwena ◽  
Foster Lubinda
Keyword(s):  
Human Rights ◽  
Distance Learning ◽  
Right To Education ◽  
Youth Policy ◽  
Child Rights ◽  
Rights Of The Child ◽  
Child Policy ◽  
Open And Distance Learning ◽  
The Right

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.

scholarly journals Markets as Mere Means

2015 ◽  
Vol 47 (2) ◽  
pp. 263-281 ◽  
Author(s):  
Rutger Claassen
Keyword(s):  
Health Care ◽  
Decision Making ◽  
Division Of Labor ◽  
Public Services ◽  
The State ◽  
Social Rights ◽  
Efficient Markets ◽  
Main Argument ◽  
Center Stage ◽  
The Relationship

There has been a remarkable shift in the relationship between market and state responsibilities for public services like health care and education. While these services continue to be financed publicly, they are now often provided through the market. The main argument for this new institutional division of labor is economic: while (public) ends stay the same, (private) means are more efficient. Markets function as ‘mere means’ under the continued responsibility of the state. This article investigates and rejects currently existing egalitarian liberal theories about this division of labor and it presents and defends a new theory of marketization, in which social rights and democratic decision-making occupy center-stage.

Part III The right To Terminate, 8 Express Rights of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
General Law ◽  
Key Issues ◽  
The Right ◽  
The Relationship

This chapter discusses express rights of termination. It is not always easy for a party to know for certain whether they are entitled to terminate or not. This is particularly so where the right in question depends on proof of fundamental breach or repudiation. For this reason, parties to a contract frequently, in the interests of certainty, make express provision for this by agreeing in advance that one or both of them may terminate if certain conditions are met. Such express rights of termination can depend on a wide variety of contingencies, but very frequently these will include a breach by the other party. Where this is the case, it is often difficult to distinguish termination under the express right from termination under the general law, particularly where the latter involves termination for breach of condition. The chapter then assesses four key issues with regard to express rights of this sort, most notably: (1) the relationship between express rights of termination and conditions at common law; (2) the requirements for the exercise of such rights; (3) the effect of termination under such a right; and (4) the problem of concurrent rights of termination.

L'État-nation, Une forme de fermeture sociale

1996 ◽  
Vol 37 (1) ◽  
pp. 163-179 ◽  
Author(s):  
Andreas Wimmer
Keyword(s):  
Critical Examination ◽  
Social Rights ◽  
Nation State ◽  
Social Formation ◽  
Public And Private ◽  
Southern States ◽  
The Third ◽  
The People ◽  
The Right ◽  
The Relationship

The study begins with a critical examination of two opposing, theories of nationalism. Next, the relationship between the State and nationalism in the form of the nation state is seen as a process of social formation during which a compromise is established between public and private elites, and the people: loyalty is exchanged for the right to participate in social rights. In the third part, the author considers the future of a number of Southern states in relation to the fundamentals of nation formation.

The Other T. H. Marshall

1995 ◽  
Vol 24 (3) ◽  
pp. 341-362 ◽  
Author(s):  
A. M. Rees
Keyword(s):  
The Other ◽  
The Political ◽  
Social Rights ◽  
Current Interest ◽  
Capitalist Class ◽  
Class System ◽  
The Right ◽  
Right To Welfare ◽  
National Membership ◽  
The Relationship

ABSTRACTThis article argues that the writings of T. H. Marshall contain not one, but two, theories of citizenship, and there is a problem about whether they are compatible with one another. The second, less familiar, theory is mainly developed in Marshall's later works, especially The Right to Welfare, but many of its essential features can be found in Citizenship and Social Class, although not in the sections of that work which are most frequently quoted. Several areas where Marshall's shifting views contributed to this second version of citizenship are discussed: citizenship as national membership and as a body of obligations, the reality of social rights, discretion versus enforceable entitlements, citizenship as a bearer of its own inequalities, the relationship with the capitalist class system. Increasingly, Marshall came to restrict citizenship to the political sphere, thereby endorsing a conventional liberal view: but then he was, it is argued, in many respects a pretty conventional liberal. The article concludes by noting the paradox that much of the current interest in Marshall's thought is because a ‘strong’ view of citizenship is attributed to him which he may never have held, and which he certainly relinquished towards the end of his writing career.

scholarly journals Anonymous birth versus child's right to identity

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 443-463
Author(s):  
Tamara Mladenović
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Biological Origin ◽  
Child Rights ◽  
Rights Of The Child ◽  
Anonymous Birth ◽  
European Court ◽  
National Legal System ◽  
Conflicting Interests ◽  
The Right

The right to identity of the child, internationally recognized by the UN Convention on the Rights of the Child, is one of the most important in the corpus of child rights. Its structure is complex since it includes several narrower rights. Nevertheless, the situations where it comes to restriction of the right to identity are not negligible. One of them is the right to anonymous birth, the possibility acknowledged by legislators in a certain number of European countries. Conflicting interests between a mother and a child are inevitable consequence of the anonymous birth. The aim of this article is to compare the right to identity of a child and the mother's right to anonymous birth as insurmountable barrier in determining biological origin. Special attention is paid to the possibility of establishing an adequate balance between their interests, by comparing the importance that national legal system offers to each of them, with appropriate arguments, several different models of motherhood regulations are presented and can be found in European legislations. The analysis also includes the stances of international bodies, especially the European Court of Human Rights.

scholarly journals SOCIAL AND LEGAL DISCOURSE OF CHILDREN’S PARTICIPATION IN DECISION-MAKING IN POLAND AND RUSSIA: COMPARATIVE ANALYSIS

2020 ◽  
Vol 4 (1) ◽  
pp. 61-70
Author(s):  
KRYSTYNA HELAND-KURZAK ◽  
ALEXANDRA FILIPOVA
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Search Process ◽  
The Core ◽  
Rights Of The Child ◽  
Children’S Participation ◽  
Participation In Decision Making ◽  
Legal Policies ◽  
Children's Participation ◽  
The Right

This article draws attention to online discourse of children’s participation in decision-making. The participation of children is located in one of the core principles of the Convention on the Rights of the Child (CRC). This study examines the right of the child to express his/her opinion and the participation of the child in matters affecting his/her interests. This paper aims to compare Poland and Russia results in the search process in the Google global search engine, level from 2004 to 2019 using Google Trends. We discover that there are connecting discourses among legal policies in Poland and Russia. There are also differences between clusters of arguments about existence of children’s rights in practice. ice.

Child Rights in India

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Compulsory Education ◽  
Policy And Practice ◽  
Child Rights ◽  
Governmental Organizations ◽  
Rights Of The Child ◽  
Non Governmental Organizations ◽  
The Law ◽  
Education Act ◽  
Rights Discourse ◽  
The Right

Legislation is one of the most important tools for empowering children. Recent years have seen several key developments in the law, policy, and practice related to child rights. Significantly, with the adoption of the United Nations Convention on the Rights of the Child in 1989, a rights-based approach has acquired prominence in the child rights discourse across the world. The book analyses the laws in the light of court judgments and policy initiatives taken in India. It also examines the interventions and strategies employed by non-governmental organizations in recommending legislative reforms in support of children. This fully revised third edition focuses on the new legal developments in India—such as the Juvenile Justice (Care and Protection of Children) Act, 2015; the new Central Adoption Resource Agency guidelines; the Right of Children to Free and Compulsory Education Act, 2009; and the National Food Security Act, 2013—thus attempting to integrate the law in theory and field practice. It is clear that realization of the rights of the child calls for a well defined, child friendly, national movement involving individuals, ad masses, peoples and societies, families and communities, states, and nations. Awareness of child rights by stakeholders is crucial.

Birth Registration in Crisis: Exploring a Rights-Based Approach to Birth Registration through the Experience of Syrian Refugees

2019 ◽  
Vol 31 (4) ◽  
pp. 541-566
Author(s):  
Jazmine Hesham Elmolla
Keyword(s):  
Human Rights ◽  
Birth Registration ◽  
International Human Rights Law ◽  
Political Rights ◽  
Syrian Refugees ◽  
Rights Of The Child ◽  
The Many ◽  
The Right ◽  
The Relationship

Abstract The right to birth registration is protected under international human rights law. While this protection clearly confers an obligation on States to register births, it is less clear how this birth registration process should be carried out in order to ensure that individuals can realize numerous other human rights. For example, how should States register the births of children born to refugees or asylum seekers in order to give effect to the right to a nationality? The question is particularly relevant given the increasing number of people who are fleeing the many contemporary conflicts. The article investigates this question, along with the precise meaning and requirements of the right to birth registration under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. It argues that the birth registration frameworks established by States often fail to protect the human rights of the child. Using Syrian refugees in Lebanon as a case study, the conclusion reached is that there is an urgent need for States to adopt a rights-based approach to birth registration that reflects the relationship between birth registration and other human rights.

Does Your Organization Have the Right Climate for Merit?

1987 ◽  
Vol 16 (2) ◽  
pp. 127-133 ◽  
Author(s):  
Barry Wisdom ◽  
Dennis Patzig
Keyword(s):  
Decision Making ◽  
Organizational Climate ◽  
Decision Making Process ◽  
The Public ◽  
And Performance ◽  
Merit Systems ◽  
The Individual ◽  
The Right ◽  
Performance Results ◽  
The Relationship

The success of merit systems is closely linked to the establishment of key expectations in the minds of employees concerning the relationship between pay and performance. Results of a national survey suggest that different expectations are being formed in the public versus the private sectors. The role organizational climate plays in this finding and in the individual employee's decision making process regarding effort expended at work is modeled and discussed. Suggestions for fostering merit success are also addressed.

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