The Interest Theory, Children’s Rights and Social Authorities

2015 ◽  
Vol 23 (4) ◽  
pp. 752-768
Author(s):  
Lars-Göran Sund ◽  
Marie Vackermo
Keyword(s):  
Explanatory Power ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Rights ◽  
Interest Theory ◽  
Child Art ◽  
Rights Of The Child ◽  
Long Run ◽  
Analytical Tools

The principle of ‘the best interests of the child’ (art. 3 of the Convention on the Rights of the Child) is sometimes put forward as being the leading guide, i.e. it will in the long run – via, e.g. court cases and legal writing – give accurate and detailed information on the scope of children’s rights and the responsibilities of, e.g., parents. We claim that this principle does not provide us with the necessary analytical tools to enhance the legal rights of children. To this end it is more efficient to accept the explanatory power and apply the elements of the Interest theory, i.e. the chain of children’s interests and rights, obligations of e.g. parents and sanctions against failures. In this context we also illustrate that rights can have different strengths by briefly examining the role of social authorities in relation to the rights of children.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

scholarly journals Barnkonventionens implementering i svensk lagstiftning och praktik – barns bästa och barns rätt att uttrycka sina åsikter vid vårdnadstvister

2020 ◽  
Vol 37 (3-4) ◽  
Author(s):  
Annika Rejmer ◽  
Ann-Sofie Bergman
Keyword(s):  
Empirical Data ◽  
Empirical Studies ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Custody Disputes ◽  
Good Contact

Implementation of the Convention on the Rights of the Child in Swedish legislationand practice – children’s best interests and children’s rights to express their viewsin custody disputes: The article examines the implementation of articles 3 and 12 of the UN Convention on the Rightsof the Child (CRC) in the parental code regulations on custody, residence and access and how theyare applied in practice. The best interests of the child are, according to the regulations of the parentalcode, the superior principle in handling custody disputes, which includes an examination ofthe risk of abuse, the child’s need for close and good contact with both parents and the child’s will.The results of conducted empirical studies show that articles 3 and 12 of the CRC have not beenimplemented in the parental code. Children lack an independent right to express their opinionin the handling of custody disputes. The article is based on empirical data from sources of law,custody cases, and interviews with parents in dispute.

scholarly journals Cascading impacts of climate change and the rights of children in Africa: A reflection on the principle of intergenerational equity

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Rongedzayi Fambasayi ◽  
Michael Addaney
Keyword(s):  
Climate Change ◽  
Regional Climate ◽  
Children's Rights ◽  
Intergenerational Equity ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Sustainable Future ◽  
Climate Action ◽  
Impacts Of Climate Change

SUMMARY This article explores the manner in which climate action at the African regional level protects and promotes children's rights with considerations being had to the principle of intergenerational equity. It establishes that while the concept of intergenerational equity is entrenched in the international and African regional climate change framework for the protection of children, neither the Convention on the Rights of the Child nor the African Children's Charter mentions the concept. However, CRC and the African Children's Charter oblige states to take into consideration the views of children and protect their best interests in climate action (to ensure intergenerational equity) and in achieving a sustainable future. Using a doctrinal research method, the article examines the regional legal and institutional responses to the cascading impacts of climate change and how they safeguard children's rights to a sustainable future. It proceeds to critically analyse child rights-responsive provisions in the African Children's Charter that could potentially enhance the utility of the principle of intergenerational equity in the context of climate action in Africa. The article argues that the principle of intergenerational equity could, in theory, be used as a useful tool for the protection and promotion of the rights and interests of children from climate change impacts. Key words: children's rights; climate change; climate justice; future generations; intergenerational equity

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

Justifying Children’s Rights

2013 ◽  
Vol 21 (3) ◽  
pp. 395-441 ◽  
Author(s):  
John Tobin
Keyword(s):  
Human Rights ◽  
Social Interest ◽  
Children's Rights ◽  
Culturally Sensitive ◽  
Children’S Rights ◽  
Interest Theory ◽  
Traditional Conception ◽  
Rights Of The Child ◽  
Conceptual Foundations

The conceptual foundations of children’s rights remain under theorized. This paper develops a social interest theory of rights to offer a justification for the conception of rights under the UN Convention on the Rights of the Child. It reveals that this conception is capable of producing a culturally sensitive, dynamic, inclusive and relational conception of rights that remedies many of the deficiencies associated with the traditional conception of human rights as being Western, individualistic trumps.

scholarly journals Implementation and Protection of the Child’s Right to Education

Šolsko polje ◽  
2020 ◽  
Vol XXXI (3-4) ◽  
pp. 27-44
Author(s):  
Suzana Kraljić
Keyword(s):  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Human Beings ◽  
Right To Education ◽  
Rights Of The Child ◽  
Main Stress ◽  
Long Run ◽  
United Nations Convention ◽  
International Human

The United Nations Convention on the Rights of the Child was adopted in 1989, becoming the first international binding instrument to explicitly recognise children as human beings with innate rights. The Convention on the Rights of the Child sets out children's rights across all areas of their lives, including education. Given that education is crucial for the short-, medium- and long-run well-being of every child, the main stress is on implementing and protecting this right in important international human and children's rights treaties. The author highlights problems arising from selected cases of infringements of children’s right to education, especially in ECtHR decisions. In the last section, attention is paid to the COVID-19 crisis and its impact on children's right to education.

Restorative Justice through a Children's Rights Lens

2010 ◽  
Vol 18 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Nessa Lynch
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Due Process ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Best Interests ◽  
Youth Justice ◽  
Rights Of The Child ◽  
Due Process Rights

AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.

Beyond Victimhood

2021 ◽  
pp. 73-96
Author(s):  
Richard P. Hiskes
Keyword(s):  
Children's Rights ◽  
The United States ◽  
Children’S Rights ◽  
Best Interests ◽  
Public Agency ◽  
The Public ◽  
The Third ◽  
Rights Of The Child ◽  
The Us ◽  
First Time

The 1990 UN Convention on the Rights of the Child (CRC) has been ratified by all nations except the United States. The reasons for the US refusal have to do with national sovereignty and the alleged conflict of children’s rights with the rights of parents. Both are explored here. The CRC advances children’s rights by making protection and provision rights universal for all children, but also by adding the “third P,” rights of participation. Rights of participation (Article 12) in decisions that affect them give children for the first time the public agency to be heard in decision-making forums concerned with protecting the “best interests” of the child. Allowing children into the public realm challenges Arendt’s insistence that child security must keep them in the private sphere and away from politics.

17. Children’s rights

2017 ◽  
Author(s):  
Geraldine Van Bueren
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
Rights Of The Child ◽  
Survival And Development ◽  
Definition Of ◽  
The Right

This chapter considers the protections afforded to children by international human rights law. It begins with a consideration of the international legal definition of the ‘child’. Focusing on the UN Convention on the Rights of the Child, the chapter considers the basic principles underlying the rights of the child: non-discrimination, the best interests of the child, the right to life, survival and development, the right to be heard, and the evolving capacity of the child. The chapter then considers the 4Ps that reflect the diversity of protection afforded by international law to the rights of the child: prevention, provision, protection, and participation. Finally, the chapter examines the protection of children’s rights at the regional level.

JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini
Keyword(s):  
Restorative Justice ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Law ◽  
The Right

Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law.  Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice  The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases

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