Theorising Children’s Rights and Child Welfare Paradigms

2016 ◽  
Vol 24 (2) ◽  
pp. 304-329 ◽  
Author(s):  
Thomas Waldock
Keyword(s):  
Child Welfare ◽  
Child Protection ◽  
Children's Rights ◽  
Welfare States ◽  
Children’S Rights ◽  
Family Service ◽  
Rights Of The Child ◽  
Anglo American ◽  
Principles And Standards ◽  
Service Paradigm

By employing the principles and standards of the United Nations Convention on the Rights of the Child (crc), this paper explores the significance and implications of children’s rights for child welfare, with a specific focus on theoretical paradigms of practice. Reform discussions in child welfare scholarship often have centred on deficiencies in the Anglo-American child protection paradigm associated with liberal welfare states. Alternative paradigms are contrasted, most notably the family service approach to child welfare generally found in Nordic, social democratic welfare states. Whilst the crc supports a family service paradigm, the paper highlights disturbing tendencies in reform discussions that are traceable to theoretical roots in the widely adopted and referenced Esping-Andersen/Gilbert classifications of cultures and child welfare paradigms. Whilst the classifications have proven to be useful, the paper explores the need for a more nuanced and complex characterisation of cultures and paradigms, to avoid misunderstandings and conceptual confusion. In particular, children’s rights often are associated only with liberal welfare states and child protection paradigms, and therefore adopting a family service paradigm is conceptualised as moving away from a children’s rights or child protection focus. In fact, a children’s rights framework for child welfare would establish provision, protection and participation as equal and interrelated priorities, whilst still emphasising the importance of a child-centred analysis.

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.

scholarly journals Bycie dziecka w Polsce „dobrej zmiany”– między Konwencją o Prawach Dziecka a rzeczywistością

2018 ◽  
Vol 43 (4) ◽  
pp. 114-124
Author(s):  
Małgorzata Dagiel ◽  
Małgorzata Kowalik-Olubińska
Keyword(s):  
Child Welfare ◽  
State Policy ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Political Reality ◽  
Rights Of The Child ◽  
Family State

The aim of the authors is to show the situation of the child in contemporary Poland at a time of a policy of ‘good change’ viewed through the lens of children’s rights guaranteed by the Convention on the Rights of the Child. The authors analysed a discourse of the Ombudsmen for Children’s interventions in order to reconstruct the image of being of the child in a new socio-political reality in Poland. The analysis shows the disagreement between the assumptions of the pro-family state policy and the situation of the child in Poland. Concern about child welfare presented by the governmental authorities is apparent and insufficient, which adversely affects children’s well-being and the quality of their lives.

scholarly journals Understanding Child Support in the Pattern of Child Protection based on the Principle of Child Protection

2021 ◽  
Vol 8 (1) ◽  
pp. 92
Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Child Protection ◽  
Child Support ◽  
Analytical Techniques ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Research ◽  
Materials Used

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.

The Child’s Right to Family

2020 ◽  
pp. 236-256
Author(s):  
Barbara Bennett Woodhouse
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Child Protection ◽  
Children's Rights ◽  
Family Reunification ◽  
Children’S Rights ◽  
Family Identity ◽  
Rights Of The Child ◽  
European Court ◽  
Birth Records

This chapter discusses the role played by human rights charters, such as the UN Convention on the Rights of the Child, the European Charter of Human Rights, and the African Charter on the Rights and Welfare of the Child, in establishing that children are not mere property of their parents but persons with their own independent rights to protection of family relationships and family identity. The chapter identifies specific provisions in these charters relevant to children’s family rights. It then examines various decisions of the European Court of Human Rights that address claims of violations of children’s rights to family in contexts including adoption, child protection, family reunification, access to birth records, and immigration, and that define appropriate remedies. The chapter closes by highlighting the growing threat to children’s rights to know and be cared for by their families posed by the populist backlash in wealthier nations against migrants fleeing war, violence, and poverty.

Child Participation in Estonian and Finnish Child Welfare Removals – Professionals’ Perceptions and Practices

2021 ◽  
Vol 29 (3) ◽  
pp. 701-730
Author(s):  
Virve Toivonen ◽  
Jatta Muhonen ◽  
Laura Kalliomaa-Puha ◽  
Katre Luhamaa ◽  
Judit Strömpl
Keyword(s):  
Decision Making ◽  
Child Welfare ◽  
Children's Rights ◽  
Legal Regulation ◽  
Children’S Rights ◽  
Best Interest ◽  
Child Participation ◽  
Child Welfare Professionals ◽  
Rights Of The Child ◽  
Participation Rights

Abstract A child’s right to participate is one of the general principles of the Convention on the Rights of the Child (crc). It is an integral part of a child’s right to have his/her best interest taken into account as a primary consideration. Therefore, it is indispensable in the decision-making connected with child welfare removals, the effects of which on the child’s life are long lasting and profound. In this article we examine the perceptions and practices of child-welfare professionals in the context of children’s rights, especially participation rights, in two neighbouring countries: Finland and Estonia. The findings are based on a survey and suggest that in the context of children’s rights, legislation also has its role in making children’s rights a reality, both as a prerequisite for reform as well as in shaping attitudes. However, legal regulation is not enough – full realisation also reguires more information, education and resources.

The development of children’s medical rights in Ukraine (1919 – beginning of the XXI century)

2021 ◽  
Vol 28 (4) ◽  
pp. 181-189
Author(s):  
Viktor M. Yermolaiev ◽  
Aisel A. Omarova ◽  
Hanna P. Ponomarova
Keyword(s):  
Child Protection ◽  
Synthesis Method ◽  
Children's Rights ◽  
World Health Organisation ◽  
Global Scale ◽  
Children’S Rights ◽  
World Health ◽  
Historical Period ◽  
Legal Norms ◽  
Rights Of The Child

Children's medical rights were actively developed in the twentieth century after the First World War. It was an event of a global scale that prompted legislative changes in national legislations, including Ukraine. Ukraine's experience in children's health care is rich in examples of both successful reforms in this field, and also not that successful ones. The development of children's medical rights in Ukraine had passed different stages of its development. The period from 1919 to the beginning of the 21st century was taken to resolve this issue. The choice of this historical period is justified by the presence of different stages of state and legal development of Ukraine, and, as a consequence, the development of children's medical rights. This is because the development of children's rights is inextricably linked with the development of state policy in the field of child protection. The aim of this research is to analyse the development of children’s medical rights on the example of Ukraine. To achieve this goal, international legal documents, legislation of Ukraine, and works of scholars from various countries were analysed. During the study of this issue, a variety of scientific methods were used. Among them are the dialectical, historical method, method of analysis and synthesis, method of analogy and method of interpretation of legal norms. The main results obtained are: analysis of the history of the development of children’s medical rights in Ukraine and influence of the World Health Organisation and the Convention on the Rights of the Child (1989) on this development. The value of this paper lies in obtaining practical recommendations regarding children’s rights in general and the medical rights of children in particular

scholarly journals Fulfilment of Formal Education for Children with Criminal Sentences: Analysis of Law Number 11 of 2012 concerning the Juvenile Justice System

2021 ◽  
Vol 13 (3) ◽  
pp. 1747-1755
Author(s):  
Subarsyah Subarsyah
Keyword(s):  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Formal Education ◽  
Juvenile Justice System ◽  
Children's Rights ◽  
Vital Role ◽  
Children’S Rights ◽  
Literature Study ◽  
Rights Of The Child

Crimes committed by children are currently experiencing a very significant increase. In Indonesia, the settlement of criminal cases against children is included in vulnerable children who need more attention in fulfilling their rights. However, there are still many violations of children's rights during their status as perpetrators of crimes and afterwards. This study aims to analyze the fulfilment of the formal education of criminal children by Law Number 11 of 2012 concerning the Juvenile Justice System. This study uses a qualitative approach with a literature study. The results of the study explain that Indonesia as a country that has ratified the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990 dated August 25, 1990, has further integrated children's rights into national law, namely into Law Number 23 of 2002 concerning Child Protection. Protection of children was created as an effort to educate and build quality and affluent children in education. These forms of protection include providing comfort, security, health, and adequate education. The existence of The Child Special Guidance Institute plays a vital role in fulfilling the educational needs of formal and non-formal children.

scholarly journals Antara child protection dan child liberation (Dilema Kebijakan Perlindungan Hak-hak Anak di Indonesia)

2006 ◽  
Vol 4 (2) ◽  
pp. 253
Author(s):  
Muhrisun Afandi
Keyword(s):  
Child Welfare ◽  
General Population ◽  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Government Policies ◽  
General Belief ◽  
The Government ◽  
Age Range

Determining children's rights and self detemtination has been problematic in the discussion of child welfare in Indonesia. Indonesian law regards children's rights as defined solely by the basis of age, regardless of a child's competence. This could be seen from the government policies that mention that children's rights are formulated as protection rights, which has been criticized as being a denial of the autonomy and capacity of the child, in the sense that they are considered incompetent and need to be taken care and protected by adults. However, in some cases the behavior of children from some populations demonstrates that they are more mature than the general population in their age range, so that their rights should not be based solely on the basis of their age without considering their competence and autonomy. Efforts to provide more and better defined legislation on child welfare in Indonesia have been an ongoing struggle for activists and various parties. The child liberationist formulations of children's rights seems to offer the greatest possibility for a child's autonomy in relation to children's rights, which is also a critique of the tendency to underestimate the capacities of children and the general belief in the lack child's competency in society.

Children's Rights in Hungary in the Aftermath of the Revolution of 1989

2009 ◽  
Vol 17 (4) ◽  
pp. 543-559
Author(s):  
Martha Dóczi
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Rights Of The Child ◽  
The Family ◽  
Child Adoption ◽  
Human Rights Act ◽  
United Nations Convention ◽  
Family Code

AbstractThe Hungarian Family Act was adopted in 1952 (Act No. VI.1952. on Marriage, Family and Guardianship) and amended on several occasions. Part one of the Family Code contains the regulations relating to marriage. The second part of the family Code summarizes the rules relating to the family (family, child, adoption, maintenance, custody etc.). The third part of the Family Act deals with guardianship. The other legislation regarding the children's rights are the Child Protection Act and the Decree on Guardianship. (Act XXXI/1997 on the protection of children and on the administration of guardianship affairs.) In 1991 and 1993, Hungary adopted provisions both from the United Nations Convention on the Rights of the Child (Act LXIV of 1991) and from the European Convention on Human Rights (Act XXXI of 1993).

Sign in / Sign up

Export Citation Format

Share Document