scholarly journals To their Fullest Potential?

2014 ◽  
Vol 22 (3) ◽  
pp. 618-640 ◽  
Author(s):  
Gerry Redmond

In this paper a framework is proposed for conceptualising ‘fullest potential’ towards which, according to the Convention on the Rights of the Child (crc), children’s education should be directed (Article 29). Children’s development to their fullest potential is linked explicitly to their right to a standard of living adequate for their development (Article 27). The paper argues that focus on ‘fullest potential’ as a human rights issue exposes a tension between the rights of children, the obligations of parents to their children and the obligations of the state to support all children’s development.

Afrika Focus ◽  
2007 ◽  
Vol 20 (1-2) ◽  
Author(s):  
Eva Brems

Among the many human rights conventions adopted by the UN, seven are known — together with their additional protocols — as the core international human rights instruments: - The International Convention on the Elimination of All Forms of Racial Discrimination;- The International Covenant on Civil and Political Rights;- The International Covenant on Economic, Social and Cultural Rights; - The Convention on the Elimination of all Forms of Discrimination against Women;- The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; - The Convention on the Rights of the Child; - The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state — Ethiopia - with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.Key Words: United Nations, Human Rights Conventions, State Reporting, Human Rights Situation in Ethiopia 


AN-NISA ◽  
2019 ◽  
Vol 11 (1) ◽  
pp. 372-383
Author(s):  
Ismail Aris

This article shows that the constitution or the 1945 Constitution of the Republic of Indonesia can not be regarded as children's constitution which adopts the principles of child protection under the Convention on the Rights of the Child. It also shows that Indonesia is not serious about the theme of child protection discourse such as Ecuador, Egypt, Finland and South Africa in protecting, fulfilling and respecting and explicitly specifying the rights of children in its constitution. Based on the argument above, it is very urgent for Indonesia to do constitutionalism the rights of the child. Based on the principles that adopted by the convention on the right of the child as a solution as an effort to save and protect the rights of the child from negligence and neglect of the State to protect and fulfill the human rights and constitutional rights of the child. The effort of constitutionalism is also considered as a strengthening effort in the formation of legislation in the future as well as the basis or test stone of the Constitutional Court in handling the future judicial review of the Law which violates the norm on the protection of children's rights under the Constitution. In addition, it is urgent for constitutionalism and incorporates the idea of constitutional complaints in the Constitutional Court through the Constitution. Thus, as a basis for constitutional protection of the child if the State has neglect to protect the human rights and constitutional rights of the child by conducting constitutional complaint in the Constitutional Court, in order for the State to fulfill its constitutional obligations which have been regulated under the constitution.


Author(s):  
Rodrigo Freitas Paixão ◽  
Ana Paula Motta Costa

O artigo busca traçar um paralelo entre a imposição da guarda compartilhada pela Lei 13.058/2014 e a Doutrina da Situação Irregular que estabelecia a forma como os direitos das crianças e dos adolescentes eram tutelados pelo Estado antes da Convenção Internacional sobre os Direitos da Criança. Para tanto, mostrará que, empesar da boa intenção do legislador, a imposição incondicional da guarda compartilhada pode configurar uma afronta à Doutrina da Proteção Integral, em especial ao Princípio do Melhor Interesse da Criança e do Adolescente, e um retorno aos principais pensamentos que embasavam a Doutrina da Situação Irregular.Title: The imposition of joint custody as a rule in the Brazilian legal system: a parallel with the Irregular Situation DoctrineAbstract: The article seeks to draw a parallel between the imposition of shared custody by Law 13.058/2014 and the Irregular Situation Doctrine which established how the rights of children and adolescents were protected by the State prior to the International Convention on the Rights of the Child. This study will demonstrate that, in spite of the good intentions of the legislator, the unconditional imposition of joint custody can constitute an affront to the Integral Protection Doctrine, especially to the Principle of the Best Interests of Children and Adolescents, and a return to the main thoughts that embase the Irregular Situation DoctrineKeywords: human rights of children and adolescents; principle of the best interests of children and adolescents; joint custody; irregular situation docrtine; integral protection doctrine


Author(s):  
Iryna Sofinska

In this article, I research on few fundamental issues regarding naming. All Nordic states (Denmark, Iceland, Norway, Finland, and Sweden) apply the traditional name repertoire. Also, they create a catalog of names which is recommended for usage by the competent public authorities during the state registration of the person's birth. Both issues are supposed not to be an obstacle for citizens of the Nordic states to realize/enjoy the right to a name, prescribed in the UN Convention on the Rights of the Child (1989). It is declared in article 7(1) that "the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality...".  It is the first step to recognize every newborn as an individual, a human being with rights, duties, and privileges. Without them, children remain invisible both on the national and international levels, and they can not identify with society and the state. On the contrary, these issues are fixed at the legislative level, demonstrate a part of the national identity of citizens, while taking into account current trends in the transformation of value perception of the name. Everybody must know himself/herself and how he/she fits into the world, state, community. Everybody must know who he/she is and to whom,  what and why they belong, or what they are a part of. For these essential reasons, having a name and nationality are fundamental human rights acquired by everybody after birth. When both rights are honored, children can know themselves and identify with their state of birth/origin. Parents, communities, and the state via government and other relevant public bodies should work for and support human rights for every child,  provide ethnic and national knowledge and roots for them. Parents name their children and help them to acquire a pure sense of belonging to the family, nation, state, and world. Through this kind of belonging, children become members of the community, society, and country via identification. Every citizen born in-country or extra-territory is responsible for the correct application of all-important rules determined by every state. Also, everyone who was born in one country and acquired name and nationality due to its rules and conditions should respect those of a host country while migrating. It is up to every country to formulate on the national level, its own indicators of identity regarding values, traditions, history, and culture. They draft a name catalog to preserve national identity from the erosion; they form it by names which are traditional for the particular nation-state. They adopt such a list of names (allowed or prohibited) by the legislature as an annex to the law/code. They implement rules, conditions, and the exact procedure to register the desired name or to reject it. All Nordic countries have some shared vision on name's application: a name should be written following the ordinary rules of state (official) language orthography, it must not be foreign to the naming tradition of a particular country; it must indicate gender (not unisex or used by another sex bearer); it cannot be a surname except a patronymic as last given name; it shall not be approved if it can cause offense or can be supposed to cause discomfort for the one using it, etc. The same naming practice should be adopted and used in Ukraine.


Author(s):  
V.I. Fridmansʹka

The article examines the legal nature of decent wages, assesses the concept of wages through the category of its dignity, fairness and sufficient and decent standard of living, as well as analyzes the advantages and disadvantages of legal regulation of decent wages. Fair and satisfactory remuneration in this study is considered as a guarantee of a dignified existence of the person and his family and is perceived in the context of fair working conditions. The analysis of the concept of a dignified life is analyzed through the prism of constitutional and legal doctrine in the context of the main duty of the state. To this end, the basic international and European standards for ensuring the fundamental human rights to a fair reward, a fair existence and a sufficient standard of living for individuals and their families are considered. The right to fair remuneration is considered through the constitutional provisions of determining the main direction of the state to ensure human rights and freedoms and decent living conditions, recognition of man, his life and health, honor and dignity, inviolability and security of the highest social value and the establishment and protection of human rights human freedoms as the main duty of the state. An analysis of the main legal positions of the court of constitutional jurisdiction on the issues of determining a sufficient and decent standard of living, a decent human life, the minimum requirements for living in conditions worthy of a person and protection from poverty. It is proved that the success of the implementation of the elements of decent work in Ukraine requires coordinated actions of the social partners on the way to guarantee a decent salary as an important factor in the concept of decent work. It is concluded that the concept of "decent pay" is still not established and is in constant development. No normative legal act of Ukraine mentions the concept of "decent pay", so there is an urgent need for its constitutionalization. It is not necessary to limit the wording only to the content of such a concept, but also to determine the conditions and guarantees of compliance, provision and protection.


Author(s):  
Tijana Milosevic

This chapter functions as a conclusion to the results presented in the book by applying the dignity framework to the findings, and placing the policy in the context of broader social and cultural context –showing how bullying is a form of humiliation and dignity deprivation that is by no means unique to youth. This less discussed aspect of the issue is nonetheless of key relevance to policy development. A policy framework that balances the need for child protection with child participation and empowerment, is proposed, thus honoring the full spectrum of children’s human rights. The proposed lens through which the issue can be approached is not so much about “protecting children from what happens on the platforms” but rather about finding a way to protect the vulnerable while ensuring participation in digital spaces that is necessary for children’s development.


2015 ◽  
Vol 17 (1) ◽  
pp. 70-103
Author(s):  
Ciara Smyth

The principle of the best interests of the child is regularly referred to by the European Court of Human Rights in its jurisprudence involving children. However, the principle is notoriously problematic, and nowhere more so than in the immigration context where the state’s sovereign interests are keenly at stake. This article critically examines the expulsion and first-entry jurisprudence of the European Court of Human Rights under Article 8 of the European Convention on Human Rights, interrogating whether a ‘principled’ approach is adopted to the best interests principle. It is argued that a principled approach is one which sees the best interests principle interpreted in the light of its parent document, the un Convention on the Rights of the Child, as interpreted by the un Committee on the Rights of the Child. It is demonstrated that despite widespread recourse to the best interests principle, the European Court of Human Rights fails to adopt a rights-based approach when identifying the best interests of the child and does not always give sufficient weight to the best interests of the child when balancing the interests of the state against those of the individual. The analysis also reveals a way for the Court to develop a more principled approach to the best interests principle.


2020 ◽  
Vol 11 (4) ◽  
pp. 74
Author(s):  
A. Abdu ◽  
I. Rabiu ◽  
A. L. Usman

Child Labour has become devilishly ubiquitous with negative implications on Nigerian child’s development. Unfortunately, most researches concentrated on child labour issues at national level while little exists in literature at state level particularly Katsina. The study investigated effect of child labour on children’s education in Katsina State using descriptive survey design. Multi-stage sampling technique was used to select 216 child labourers from three senatorial districts of Katsina States. Structured interview schedule was used to collect data on respondents’ socio-economic characteristics, involvement in child labour, causes and effect. Descriptive and inferential statistics were used in analysing data. Level of child labour in the State was high. Poverty, lack of uniform, books and problem of transportation fare were push factors. Majority perceived effect of child labour on education to be unfavourable. Being too fatigued for school work and to read, constrained enrolment in school, inability to recall learned experience and dropped out, lack of appraisal ability and disruption of school attendance were major effects. Significant correlation existed between level of involvement in child labour, causes and perceived effects on education. Family type and mother’s occupation showed significant relationship with effect. Causes of child labour involvement were major determinants of effect. Result provided support to show that level of child labour involvement was worrisomely high. Total free and compulsory primary and secondary education in the state should be taken serious and sanctions mated to parents who may attempt to deny their children schooling opportunity.


Author(s):  
Rumiati Rumiati ◽  
Siska Fitri Purbayani ◽  
Tri Irmawati ◽  
Ratna Hidayah

<em>The purpose of writing this article is to examine the urgency of parents to become smart parenting in educating children in the industrial revolution era 4.0. In the era of the industrial revolution 4.0 the challenges faced by parents in educating their children are increasingly severe. The characteristics of children in this era have different characteristics from previous generations. The difference in characteristics requires parents to provide appropriate parenting strategies in improving the quality of children's education. Smart parenting is a parenting strategy that has a smart way to educate their children in order to achieve optimal development and can solve problems in their child's development. Smart parenting is suitable to be used in educating children in the industrial revolution era 4.0 because it can improve the ability of parents in terms of educating children so that they can optimally support children's development.</em>


2021 ◽  
Vol 14 (3) ◽  
pp. 51
Author(s):  
Felix A. Aguettant

There are hundreds of children of French jihadists detained in northeast Syrian camps, being in direct danger of irreparable damage to their physical and psychological development. France has been denying the existence of any competence in Syria that could impose international obligations regarding these children. However, in November 2020, the Committee on the Rights of the Child decided in an individual communication procedure that the French State has jurisdiction over these children, marking a significant development in the extraterritorial application of human rights that is not immune to severe criticism. The Committee established that competence is found entirely upon a factual assessment and used the nationality of the children as a central criterion, posing arbitrariness concerns. The decision is nevertheless a decisive basis to uphold the positive obligation to protect child nationals, making the refusal of the State to systematically repatriate them less and less defensible. Finally, an understanding of security concerns was found to be crucial in a policy change. Any future decisions should therefore strike a better balance between public security and the rights of the child.


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