the-future-united-nations-convention-on-the-rights-of-the-child-a-dciunicef-briefing-kit-second-edition-june-1988-28-pp

2009 ◽  
Vol 17 (1) ◽  
pp. 155-170 ◽  
Author(s):  
Joëlle Long

AbstractAlthough the direct effect of the United Nations Convention on the Rights of the Child (UNCRC) on the legal system have been limited, the UNCRC is for Italy one of the most important multilateral conventions: the legislator approves almost any act on children's rights, stating that the new legal instrument is necessary in order fully to implement the UNCRC; the courts use the Convention to justify judicial interpretations which cannot be given on the sole ground of domestic law and sometimes even to substantiate interpretations against the letter of domestic law. The analysis of the conflicts between the UNCRC and Italian law identified both by the Committee on the Rights of the Child and by Italian scholars shows the ways of implementing this international instrument in Italy are not likely to change in the future: the effects on the sources of Italian law will therefore probably remain the only path through which the Convention actually contributes to the improvement of children's protection in Italy.


Author(s):  
Gaëtan Cognard

Abstract This article focuses on article 28 (right to education), article 29 (goals of education) and article 30 (children from minority or indigenous groups) of the United Nations Convention on the Rights of the Child (UNCRC) and their implementation in the several national policies of Western Europe, especially the UK and Ireland, and to a lesser extent, France. The present research looked more particularly into the situation of children from two communities: Gypsy, Roma and Travellers (referred to as GRT) and Irish Travellers. Although they are from different backgrounds, the analysis proved relevant because of the bridges that exist between their cultures and lifestyles, and because of their minority status within larger dominant communities, placing their children in the frontline of the UNCRC battle. The text of the UNCRC itself was a starting point. The research was mainly based on a series of reports from governments, from organizations such as the Traveller Movement, on articles from newspapers, and testimonies from GRT children and Irish Travellers. The results showed that the implementation of articles 28 to 30 of the UNCRC was being by and large slowly carried out by the countries under study. Yet, national disparities were evident. Also, their national policies revealed different contexts. Ireland seemed to be paving the way for the inclusion of minorities within the educational system.


2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.


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