scholarly journals Symbiotic Harms of Imprisonment and the Effect on Children’s Right to Family Life

2021 ◽  
Vol 29 (2) ◽  
pp. 305-325
Author(s):  
Shona Minson ◽  
Catherine Flynn
Keyword(s):  
Family Life ◽  
Children's Rights ◽  
Interview Data ◽  
Children’S Rights ◽  
Face To Face ◽  
Health And Wellbeing ◽  
Alternate Forms ◽  
The Uk ◽  
Parents And Caregivers

Abstract Measures taken by governments to address covid-19 in prisons, have impacted significantly on the lives and rights of children. There has been consequential interference with children’s rights to family life and to contact with a parent from whom they have been separated. Since the onset of the pandemic, prisoners in many jurisdictions have lived under restricted regimes with almost universal bans on family visits. Children have not had face-to-face contact with their imprisoned parents, and alternate forms of contact have not always been available to them. Using survey and interview data collected during lockdowns in the UK and Australia, we consider the implications of the interference with the rights of children with an imprisoned parent. Focusing on their relationships, health and wellbeing and using the concept of symbiotic harms, we note how children’s experiences of the cessation of contact interacted with parents’ and caregivers’ experiences, amplifying the harms to children.

scholarly journals Recognising and responding to the maltreatment of disabled children: A children’s rights approach

2015 ◽  
Vol 17 (3) ◽  
pp. 61-77
Author(s):  
J Hernon ◽  
M Brandon ◽  
J Cossar ◽  
T Shakespeare
Keyword(s):  
Young People ◽  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Disabled Children ◽  
The Uk ◽  
To Receive

Research has established that disabled young people are at greater risk of experiencing all forms of maltreatment, especially neglect (Jones et al, 2012). Despite increasing awareness of their heightened vulnerability, the maltreatment of disabled children remains under-recognised and is under-reported. Disabled children have the same rights as all children to be protected from maltreatment; to have their concerns listened to; to participate fully in decisions made about them; and to receive help to recover from maltreatment. In this paper Cossar et al’s (2013) framework for understanding the processes of recognition, telling and receiving help following maltreatment from the child’s perspective, is applied to disabled children. The particular barriers that disabled children and those working with them face in recognising and responding to maltreatment are analysed by reviewing what is known about child protection practice with disabled children, mainly in the UK. Suggestions are made about how practice with disabled children could be improved.

The Ten Hours Movement and the Rights of Childhood

2012 ◽  
Vol 20 (4) ◽  
pp. 457-485 ◽  
Author(s):  
Colin Creighton
Keyword(s):  
Political Economy ◽  
Family Life ◽  
Children's Rights ◽  
Children’S Rights ◽  
Physical Protection ◽  
Public Discussion ◽  
Law Of Nature ◽  
The Hours ◽  
Recent Origin ◽  
Textile Industries

It is generally accepted that sustained public discussion of children’s rights is of relatively recent origin. In this article I endeavour to demonstrate that a powerful discourse of children’s rights emerged in Britain in the 1830s in connection with the campaign of the Ten Hours Movement to limit the hours of labour of children in the textile industries. The Movement asserted that factory children, no less than those more privileged, had rights to life, health, physical protection, education, play, a caring family life and a happy childhood, and argued that these rights were grounded in both the law of nature and the laws of God. Opposing the doctrines of utilitarianism and political economy, the Movement maintained that the absolute nature of these rights meant that they overrode pragmatic considerations and that social arrangements which precluded their realisation should be changed to accommodate children’s needs.

Incorporating children’s rights: the divergence in law and policy

Legal Studies ◽  
2007 ◽  
Vol 27 (2) ◽  
pp. 261-287 ◽  
Author(s):  
Jane Williams
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
England And Wales ◽  
Rights Of The Child ◽  
Law And Policy ◽  
Legislative Framework ◽  
The Uk ◽  
The Impact

The paper examines conceptual barriers to incorporation of children’s rights – understood in the context of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, the Human Rights Act 1998 and the United Nations Convention on the Rights of the Child 1989 – in the law of England and Wales. It identifies traditions in law and policy on children and young people, and competing political imperatives which militate against effective implementation of children’s rights to protection and provision, but suggests that participative rights pose fewer problems. It argues that the scope for further judicial development is limited in the absence of substantial changes in the legislative framework. It then examines rights-based reasoning in administrative practice and considers the impact here of ideological differences between the UK Government and the Welsh Assembly Government. It considers the scope for differential implementation within the evolving devolution settlement, and the potential impact of such difference on child law and practice in the ‘single jurisdiction’ of England and Wales. It concludes by arguing for greater attention to executive as well as legislative and judicial functions, and to extra-judicial mechanisms, for promoting rights-based decision making.

13. Human Rights, Children’s Rights, and Family Law

Family Law ◽  
2018 ◽  
Author(s):  
Helen Stalford ◽  
Seamus Byrne
Keyword(s):  
Human Rights ◽  
Corporal Punishment ◽  
Family Life ◽  
Family Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Rights Of The Child

This chapter explores children's rights in the context of family law and family life. It aims to look at family law through the lens of the human rights of children and the associated theoretical, doctrinal, and empirical scholarship. It begins with a brief overview of the international children's rights framework underpinning this area, including the UN Convention on the Rights of the Child and the European Convention on Human Rights. It then points to some of the cultural, legal, and practical obstacles to the protection of children's rights in the context of family law. It also discusses the issue of corporal punishment.

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