scholarly journals Do Children still need to Escape Childhood?

2016 ◽  
Vol 24 (1) ◽  
pp. 113-134 ◽  
Author(s):  
Bronagh Byrne
Keyword(s):  
Children's Rights ◽  
Self Determination ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
Current State ◽  
Rights Discourse

The work of children’s liberationists have been long been critiqued for pushing the parameters of rights discourse too far; specifically, by suggesting that there are no significant differences between children and adults, including their ability for self-determination. John Holt’s 1974 text, Escape from Childhood, is one such work which was deemed highly controversial for its time. This article uses Holt’s Escape from Childhood as an overarching framework against which to examine the current state of play on children’s rights as explicated through the Convention on the Rights of the Child. It suggests that whilst Holt has often been critiqued for being too radical, in the context of current children’s rights discourse, Holt’s visioning is not as radical as it might first appear.

Hong Kong pre-service teachers’ attitudes towards and knowledge of children’s rights

2018 ◽  
Vol 15 (2) ◽  
pp. 119-135
Author(s):  
Yan Lam Lo
Keyword(s):  
Hong Kong ◽  
Children's Rights ◽  
Self Determination ◽  
Children’S Rights ◽  
Adequate Knowledge ◽  
Rights Of The Child ◽  
Positive Attitudes ◽  
Training Institutions ◽  
The Government ◽  
Teachers Attitudes

The Convention on the Rights of the Child emphasizes that the education of the child should be directed to the development of respect for human rights and fundamental freedoms. However, though Hong Kong is a one of the States Parties to the Convention on the Rights of the Child, the government does not put much emphasis on promoting Convention on the Rights of the Child. Children’s rights education is not compulsory in schools or in teacher training institutions in Hong Kong. It is detrimental if teachers do not possess adequate knowledge and positive attitudes towards children’s rights as they hold a crucial role in educating children about their rights and nurturing rights-respecting students. Through modifying Rogers and Wrightsman’s Children’s Rights Attitudes Scale, the present research examined pre-service teachers’ attitudes towards children’s self-determination rights, nurturance rights, and the conflict between self-determination and nurturance rights, and also their knowledge of children’s rights, in order to uncover the areas of improvements.

Reflections on how Selected Shona and Ndebele Proverbs Highlight a Worldview that Promotes a Respect and/or a Violation of Children’s Rights

2014 ◽  
Vol 22 (3) ◽  
pp. 660-671 ◽  
Author(s):  
Tendai Mangena ◽  
Sambulo Ndlovu
Keyword(s):  
Human Rights ◽  
Child Care ◽  
Children's Rights ◽  
Children’S Rights ◽  
Modern Concept ◽  
Rights Of The Child ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Modern Sense ◽  
Universal Application

This paper sets out to demonstrate that though the un Convention on the Rights of the Child (1989) is the most widely accepted Human Rights Convention and Zimbabwe is one of the 193 states acceding to the treaty, there are still challenges in the promotion of children’s rights. Irrespective of the fact that human rights discourse is believed to be a modern concept and its universal application is contested, this paper also demonstrates that children’s rights have always been moral imperatives for both the Shona and Ndebele of Zimbabwe since time immemorial, as shown in their proverbs. Nevertheless, it is also imperative there were some beliefs that, if considered in the modern sense of the human rights paradigm, promoted the violation of some children’s rights. The following discussion shows that children’s autonomy is not culturally a Shona or Ndebele concept, and is often not realized in these cultures even if Zimbabwe adheres to the Convention of the Child’s Rights that stipulates that the child be viewed and treated as an autonomous being. In both Shona and Ndebele traditional cultures, as expressed in their proverbs, parents have an obligation to offer protection to their children. This paper also demonstrates the cultural ambivalence in two specific aspects of child care: the beating up of children as a discipline factor and the raising up of orphans.

scholarly journals DEVELOPMENT OF CHILDREN'S RIGHTS IN POLAND – SELECTED ASPECTS

MEST Journal ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 46-53
Author(s):  
Malgorzata Kmak
Keyword(s):  
New York ◽  
Children's Rights ◽  
The United States ◽  
Children’S Rights ◽  
Similar Time ◽  
Youth Court ◽  
Rights Of The Child ◽  
Current State ◽  
Personal Dignity ◽  
The 19Th Century

Children’s rights are human rights, they result from the personal dignity and uniqueness of the child as a person. They apply to every child, they cannot be stripped away or renounced. It also means that if a child has a right, the state must ensure that it can be exercised. Further, if the child has a certain right, it means that there must also be procedures to enforce it. The beginning of the international movement for the protection of children's rights dates back to 1874, when the first organization for the protection of children's rights, the New York Society for the Prevention of Cruelty to Children, was founded in The United States. In Europe, at a similar time, since 1880, international societies of criminologists, youth court judges, care for abandoned and homeless children were being established to work on relaxing the criminal law for minors or establishing educational and care facilities for children. It was in the 19th century when the rights of the child were discussed in Poland for the first time. Moral, religious, or customary norms regulated children’s place in the community. However, the development of these rights was a long process that had started in Poland much earlier. The article aims to present selected historical situations affecting the development process and the current state of children's rights in Poland.

scholarly journals Giving Children’s Views “Due Weight” in Medical Law

2018 ◽  
Vol 26 (1) ◽  
pp. 16-37 ◽  
Author(s):  
Priscilla Alderson
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Self Determination ◽  
Children’S Rights ◽  
Best Interests ◽  
Medical Law ◽  
Highly Qualified ◽  
Rights Of The Child ◽  
Children’S Views ◽  
And Control

Article 12 with its concern to give “due weight” to children’s views involves potential contradictions between human rights to self-determination and children’s rights. A set of conditions in Article 12 turns rights into highly qualified permissions that can transfer agency and control from children onto adults. These are further complicated by reports by the un Committee on the Rights of the Child and others that position children’s best interests against their expressed views, and by contrasting standards set by national laws and guidance. Theories about children’s rights in medical law differ from actual practice in reported cases, which are influenced by long-standing theories about childhood in philosophy and psychology that disregard realities in children’s lives. Barriers to due respect for children’s views in medical law and practice that need to be addressed are summarised.

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.

The Health Rights of Children

2020 ◽  
pp. 366-385
Author(s):  
Ursula Kilkelly
Keyword(s):  
Health Care ◽  
Children's Rights ◽  
Children’S Rights ◽  
Agenda 2030 ◽  
Rights Of The Child ◽  
Development Agenda ◽  
Development Goals ◽  
Health Rights ◽  
Missed Opportunity ◽  
Specific Health

Article 24 of the UN Convention on the Rights of the Child (CRC) recognizes the child’s right to health and health care. Despite its importance, surprisingly little international advocacy focuses exclusively on child’s health. The Committee on the Rights of the Child has addressed health and health care issues in many of its General Comments, but it has been surprisingly slow to adopt a General Comment dedicated to Article 24. There has also been an apparent disconnect between children’s rights law and the global development agenda. While the UN Sustainable Development Goals address many of children’s specific health needs, they do not mention the CRC and are not framed in rights terms. Although progress continues in advancing Agenda 2030, it is not clear whether greater progress would have been possible were these goals expressed as a matter of children’s rights. Overall, this process appears to be a missed opportunity to advance the child’s rights to health.

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.

The Interrelated and Interdependent Nature of Children’s Rights

2020 ◽  
pp. 69-98
Author(s):  
Savitri Goonesekere
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Ad Hoc ◽  
Holistic Approach ◽  
Children's Rights ◽  
Children’S Rights ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
Global Agenda

The chapter analyses children’s human rights as universal norms and standards incorporated in the UN Convention on the Rights of the Child (CRC) that are relevant in diverse national contexts. Discussing national experiences and the quasi-jurisprudence of treaty bodies, the chapter argues that understanding the interrelated nature of the different groups of rights in the CRC is essential for effective implementation of these rights. It is suggested that the concept of the indivisibility of human rights and the global agenda of sustainable development reinforce the need for this approach. The chapter also discusses the interdependence, compatibility, and conflict between children’s rights and the human rights of other groups, such as parents, women, and a community with which a child connects as he or she grows to adulthood. The chapter argues that incorporating children’s rights in national constitutions, rather than ad hoc legislation, encourages this holistic approach to implementing children’s rights.

scholarly journals Children’s Rights in the Indonesian Oil Palm Industry: Improving Company Respect for the Rights of the Child

Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 500
Author(s):  
Stephany Iriana Pasaribu ◽  
Frank Vanclay
Keyword(s):  
Human Rights ◽  
Child Labor ◽  
Palm Oil ◽  
Oil Palm ◽  
Children's Rights ◽  
Business Case ◽  
Children’S Rights ◽  
Policy And Practice ◽  
Rights Of The Child ◽  
Social License

Although companies have many direct and indirect impacts on the lives of children, discussion of the responsibility of business to respect the rights of children has primarily focused on child labor. Using UNICEF’s Children’s Rights and Business Principles as a framework for our analysis, we considered the activities of oil palm plantation companies operating in Indonesia. Our data come from key informant interviews and reflection on two programs established to promote respect for children’s rights in the Indonesian palm oil industry: one by Pusat Kajian Perlindungan Anak (PKPA) (Center for Child Study and Protection); and one by the Roundtable on Sustainable Palm Oil (RSPO) in conjunction with UNICEF. We considered: how plantation company activities impacted children’s lives; how companies demonstrated respect for children’s rights; and how observance of children’s rights can be improved. We discuss four problematic issues: getting company commitments to children’s rights into policy and practice; having a strong business case for respecting human rights and children’s rights; contradictory objectives within companies; and complexities around children in the workplace. We argue that a children’s rights based approach should be applied to the activities of all organizations. This children’s rights lens is needed to overcome the invisibility of children in society and industry, and to address the root causes of human rights harms. We note that respecting children’s rights will likely contribute to getting a social license to operate and grow.

From “Perverse” to Progressive?: Advocating for Children’s Rights in Argentina

2012 ◽  
Vol 20 (1) ◽  
pp. 72-89
Author(s):  
Amy Risley
Keyword(s):  
Child Protection ◽  
Social Issues ◽  
Children's Rights ◽  
Economic Reforms ◽  
Children’S Rights ◽  
Socioeconomic Conditions ◽  
Economic Rights ◽  
Rights Of The Child ◽  
The Social ◽  
United Nations Convention

This article argues that social issues are central to the children’s rights movement in Argentina. For more than a decade, child advocates have traced the plight of children to poverty, marginality, and neoliberal economic reforms. In particular, they have framed the issue of child welfare as closely related to socioeconomic conditions, underscored the “perverse” characteristics of the country’s existing institutions and policies, and called for reforms that accord with the United Nations Convention on the Rights of the Child. Although the country’s policies are gradually being transformed due to a landmark child-protection law passed in 2005, a dramatically more progressive framework for children’s rights has not yet been adopted. Given that policymakers have largely failed to reverse the trends that activists perceive as harming children, it is expected that advocates will continue to criticise the gap between domestic realities and the social and economic rights included in the Convention.

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