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.

17. Children’s Human Rights Advocacy

2016 ◽  
Author(s):  
Vanessa Pupavac
Keyword(s):  
Human Rights ◽  
Social Constructivism ◽  
Moral Agent ◽  
Children's Rights ◽  
Children’S Rights ◽  
History Of Childhood ◽  
Material Development ◽  
Human Rights Advocacy ◽  
History Of ◽  
Constructivist Approaches

This chapter examines some theoretical and practical problems in global children's rights advocacy. It begins with a discussion of the novelty of children's rights and the problem of identifying the moral agent of children's rights. It then considers the tensions between the universalism of human rights advocacy and the relativism of development advocacy. It shows that children's rights research is influenced by social constructivism, which highlights the history of childhood and childhood norms. Early social constructivist approaches identified the concept of childhood underpinning the Convention on the Rights of the Child as a Western construction based on Western experiences and its exclusion of the experience of childhood in developing countries. The chapter proceeds by looking at a case study involving attempts to eradicate corporal punishment of children globally. It suggests that there are social and political problems with attempting to globalize childhood norms without globalizing material development.

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.

scholarly journals Children's Rights and Education in Argentina, Chile and Spain

1999 ◽  
Vol 7 ◽  
pp. 31
Author(s):  
David Poveda ◽  
Viviana Gómez ◽  
Claudia Messina
Keyword(s):  
Private Education ◽  
Compulsory Education ◽  
Children's Rights ◽  
Children’S Rights ◽  
Ethnic Segregation ◽  
Public And Private ◽  
Rights Of The Child ◽  
Comparative Review ◽  
History Of ◽  
Legislative Changes

This article is a first attempt to relate the UN Convention on the Rights of the Child to education policy. It compares three countries, Argentina, Chile and Spain in an attempt to both present particular problems that are of pressing concern in each and to propose a framework that might reveal some possible obstacles to the implementation of children's rights. The article is divided into three sections. In the first section, a comparative review of the formal dispositions and legislative changes in the three countries is presented. Some of the most notable contrasts are briefly contextualized in the history of each nation-state. In the second section, particular problems in each nation are reassessed through the lens of the Convention. Three cases are examined: in Argentina, the funding and organization of public compulsory education; in Chile, an instance of international cooperation in education; in Spain, the relations between public and private education and ethnic segregation. Finally, a general framework is discussed using these three cases as examples.

scholarly journals Sejarah Sistem Peradilan Pidana Anak Di Indonesia

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Yory Fernando
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Children's Rights ◽  
International Community ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
Strategic Role ◽  
History Of ◽  
Legal Subjects

As national assets and who are also legal subjects, children have a strategic role in the life of the nation and state. Because of this strategic role, every problem regarding children cannot be underestimated. The Convention on the Rights of the Child (CRC) is proof that the international community guarantees children’s rights. In Indonesia, the rights of the child have been stated in Act No. 11/2012 concerning the Juvenile Criminal Justice System. However, these regulations do not just appear, it needs a long enough process to form regulations that guarantee the interests and rights of a child. The history of the formation of the Child Criminal Justice System is divided into 3 periods, namely; The period before the birth of Law Number 3 of 1997, the period after the birth of Act No. 3/1997, and the period after the birth of Act No. 11/2012. It can be concluded from these three periods that before the birth of Act No. 11/2012, there have been several regulations governing the interests of children but their implementation is far from perfect, and the birth of Act No. 11/2012 is a milestone that has brought major changes to ensuring children's rights in Indonesia.

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 World Declaration of the Rights of the Child: Anticipated Challenges

1993 ◽  
Vol 72 (3) ◽  
pp. 1011-1022 ◽  
Author(s):  
Mohammadreza Hojat
Keyword(s):  
Child Care ◽  
Children's Rights ◽  
The United States ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
History Of ◽  
Role Of Parents ◽  
Definition Of ◽  
Early Parent

The United Nations (UN) Convention on the Rights of the Child which was unanimously adopted by the UN General Assembly is described as a memorable chapter in the history of human civilization. This landmark document has neither been ratified by the United States nor publicized by child health professionals and media. A few of the Convention's guidelines related to early parent-child relations are briefly cited and the role of parents, particularly that of mothers, in protecting their children's rights is discussed. The author anticipates implementation of the guidelines might generate conflict of interest among groups with nontraditional views on family and child care and challenges to the implementations of the guidelines could therefore be expected. Among the reasons for such anticipated challenges are the ongoing controversial and emotional arguments in the literature on child development concerning maternal paid employment and alternative child care, changing views and emphasis on a new definition of marriage, family and motherhood by feminist groups, and inadequate educational indoctrination on child-care issues among some family physicians and pediatricians. The guidelines should not be buried under personal agendas, organizational biases, wishful thinking, ignorance, and political considerations Finally, the obligation of professionals in health and human services as well as State authorities to support positive ideology on children's rights is discussed.

scholarly journals Governing Children’s Rights in Global Social Policy—International Organizations and the Thin Line Between Child Protection and Empowerment

2021 ◽  
pp. 139-162
Author(s):  
Anna Holzscheiter
Keyword(s):  
Social Policy ◽  
International Organizations ◽  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Thin Line ◽  
Rights Of The Child ◽  
Social Governance ◽  
History Of ◽  
Traditional Approaches

AbstractThis chapter locates children’s rights in the context of global social governance. Social policy literature has hitherto neglected the centrality of child protection and children’s rights to many key areas of social governance such as education and healthcare. The chapter traces the history of children’s rights as a distinct sphere in international law from the first recognition of the special status of children, to the adoption of the UN Convention on the Rights of the Child (UNCRC), to the growth of the contemporary complex International Organization (IO) landscape. Children’s rights enjoy growing visibility and relevance and continue to be a cross-cutting issue in international organizations of all kinds, making them a central dimension of global social governance. Nonetheless, the chapter highlights that the growth of the children’s rights agenda has not been without conflict. International norms and measures surrounding children’s rights continue to be challenged and questioned by scholars and practitioners alike. Furthermore, the analysis of children’s rights provides opportunities to reconsider traditional approaches to global social policy.

The Moscow Declaration on the Rights of the Child (1918)

2016 ◽  
Vol 24 (1) ◽  
pp. 3-28 ◽  
Author(s):  
Manfred Liebel
Keyword(s):  
Children's Rights ◽  
Theory And Practice ◽  
Russian Revolution ◽  
Children’S Rights ◽  
Valuable Contribution ◽  
Rights Of The Child ◽  
History Of

The Moscow Declaration on the Rights of the Child, which came into being during the course of the Russian Revolution in 1917–18, thanks to a group of socially and politically engaged pedagogues, exemplifies an emancipatory current in the history of children’s rights. Exploring original sources, the author presents this little-known declaration in detail, explains its political and intellectual background, and commends its impact and historical relevance. He concludes that the declaration provides a valuable contribution to the theory and practice of children’s rights, which deserves enhanced attention.

scholarly journals El SENAME: Crónica de una crisis. Una mirada psicoanalítica sobre el sujeto de Derecho y la institución de protección de la infancia/The SENAME: Chronicle of a crisis. A psychoanalytic approach to the subject of Law and the institution of child protection

2017 ◽  
Vol 28 (4) ◽  
pp. 54
Author(s):  
Nicolás Pinochet
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Convention ◽  
Rights Of The Child ◽  
Palabras Clave ◽  
Child Psychoanalysis ◽  
History Of ◽  
Psychoanalytic Approach ◽  
Legal Frameworks

<p>El presente artículo problematiza la construcción del concepto de niño para el Servicio Nacional de Menores (SENAME); a través de los modelos de intervención que decantan en la institucionalización de niños en Chile. Situando al SENAME como un dispositivo del Estado –garante de la Ley y de la cultura–.</p><p>Se desarrolla un recorrido sobre la historia de institucionalización de niños en Chile, relato marcado por el concepto de los Derechos del Niño, la Convención Internacional sobre Derechos del Niño y la creación y crisis del SENAME. Finalizando con un debate que sitúa a esta institución en referencia al marco legal nacional e internacional, analizada desde el psicoanálisis sobre la institución y lo jurídico, con autores como Freud, Goffman, Enriquez y Legrendre.</p><p><strong>Palabras clave:</strong> Servicio Nacional de Menores (SENAME), Derechos del Niño, Convención Internacional sobre Derechos del Niño, Psicoanálisis e Institución.</p><p> </p><p class="Ttulo21"><strong>Abstract</strong></p><p>This article problematizes the construction of the concept of child in the Servicio Nacional de Menores (SENAME) by looking at the models of intervention that ended up in the institutionalization of the concept of children in Chile and understanding SENAME as a state tool—which represents law and culture—.</p><p>The article develops a review of the history of institutionalization of children in Chile, story marked by the concept of Children’s Rights, the International Convention on the Rights of the Child, and the creation and crisis of SENAME. It ends with a discussion that puts this institution in reference to the national and international legal frameworks, which are analyzed based on the psychoanalytical approach to institutions and judicial system developed by authors such as Freud, Goffman, Enriquez, and Legrendre.</p><p><strong>Keywords:</strong><em> </em>Servicio Nacional de Menores (SENAME), Children’s Rights, International Convention on the Rights of the Child, psychoanalysis and institution.</p>

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.

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