scholarly journals The Enigma of Article 5 of the United Nations Convention on the Rights of The Child

2020 ◽  
Vol 28 (3) ◽  
pp. 447-470
Author(s):  
Elaine E. Sutherland

Abstract The United Nations Convention on the Rights of the Child sets the gold standard for the rights of children and young people, placing the obligation on States parties to ensure their realisation. Since most children live in families, recognising their rights has implications for other family members, particularly their parents. Article 5 creates a framework for balancing the rights and obligations of the parties – the child, the parents and the state – in this triangular relationship, requiring States parties to respect the right of parents to direct and guide the child in the exercise of Convention rights. Yet other Convention provisions address the parties’ roles, calling into question the need for Article 5. This article sets the scene for those that follow in this issue, exploring what the drafters of the Convention were seeking to achieve in Article 5 and highlighting issues that proved controversial, before focussing on the work of the United Nations Committee on the Rights of the Child to drill down into its content and address its place in the Convention.

Author(s):  
Sonali Shah

Traditionally, disability was considered to be a personal trouble, as opposed to the social issue and public policy concern that it is today. Children with physical and cognitive impairments were shunned away from mainstream society into asylums or workhouses. They were typically discussed and analyzed through a medical lens, pathologized and conceived as a social problem to be regulated, cured, or killed. The emergence of ideologies constructing disabled children and adults as dependent victims unable to contribute to the development of society encouraged the development of charities for disabled people and exploitation of textual and nontextual narratives of the “vulnerable disabled child” to evoke sympathy and induce the public’s financial generosity. The ideological mantra that impairment was the cause of individual and family disadvantage was embedded in the cultural consciousness of society and thus influenced how disabled people (across the lifecourse) “made themselves known” and were made known to others (i.e., as inferior, developmentally delayed, financial and emotional burdens to their family and society). It led to the expansion of the rehabilitation industry and new social policies that focused on altering or incarcerating the impaired body. However this was challenged by the upsurge of the British Disabled People’s Movement in the 1960s and 1970s. Based on the ideas of the Union of Physically Impaired against Segregation, the movement campaigned for social equality and human rights legislation in all spheres of social life and generated a new understanding of disability. With the historic shift in thinking about both childhood and disability as a public issue rather than a personal matter, there has been increasing interest in the social world of both disabled people and all children and young people. The United Nations Convention on the Rights of the Child (particularly Article 12) and the Children Act 1989 initiated subsequent developments with regard to children having a right to be involved in decisions about their lives. The United Nations Convention on the Rights of Persons with Disabilities means that disabled children today are the first generation to grow up in an era of full international civil rights. This bibliography lists works that include the voices and experiences of disabled children and young people in research about their everyday lives, including health and medical treatment, education, and identity. These works demonstrate the richness and diversity of disabled children’s individual lives, thus challenging the traditional conception that disabled children are a homogenous group.


2015 ◽  
Vol 23 (1) ◽  
pp. 52-77 ◽  
Author(s):  
Helen Connolly

The rights and experiences of unaccompanied asylum seeking children living in industrialised nations are rarely seen from the perspectives of children themselves. This paper takes a narrative based approach to report on the lives 29 unaccompanied asylum seeking young people in the uk. The research from which this paper emerges explored the ways in which they thought the rights of the United Nations Convention on the Rights of the Child (1989) were or were not being realised on their behalf. It highlights the significance of making the promises that are held within the uncrc into viable strategies of protection for unaccompanied asylum seeking children as they search for a new place to belong to and a new place that belongs in them.


2017 ◽  
Vol 46 (1-2) ◽  
pp. 121-133
Author(s):  
Candice Ashley Pollack

The United Nations Convention on the Rights of the Child creates an express obligation on State parties to take into consideration the views and opinions of children and youth in matters that affect them. State parties, children’s rights advocates, scholars, and non-profits have all recognized the importance of the right to participation, and have undertaken many different approaches to ensure the authenticity of the experience for children and young people. The following note details some of the accepted principles for meaningful youth engagement, and reflects back on the experience of the Youth Rapporteur Programme at the 2015 edition of the International Summer Course on the Rights of the Child.


2019 ◽  
pp. 136749351987207 ◽  
Author(s):  
Clare Davies ◽  
Jennifer Fraser ◽  
Donna Waters

The principle that children and young people are capable of forming their own views, have the right to express those views, and are entitled to have those views taken seriously was introduced by the United Nations Convention on the Rights of the Child (UNCRC) in 1989. The implications for the delivery of healthcare are clear; however, children and young people continue to experience difficulty in having their views heard and taken seriously during healthcare encounters and the effectiveness of the UNCRC, in particular Article 12 appears to be limited. This article will discuss how, 30 years on, significant barriers continue to impede the full implementation of Article 12. In recognition of the limited awareness of its scope or even existence by health professionals working with children, a framework that can facilitate a better understanding of the concept of voice, and articulate healthcare organisations’ full responsibilities when it comes to Article 12, is presented.


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