Challenges for Children’s Rights in Health Care: Future Research and Actions

2018 ◽  
pp. 535-554
Keyword(s):  
Health Care ◽  
Children's Rights ◽  
Children’S Rights ◽  
Future Research

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.

scholarly journals CHILD'S HEALTH CARE: LEGAL FRAMEWORK AND ONGOING CHALLENGES

2020 ◽  
Vol 73 (12) ◽  
pp. 2789-2794
Author(s):  
Oleksandr V. Petryshyn ◽  
Marianna I. Liubchenko ◽  
Oleksii O. Liubchenko
Keyword(s):  
Health Care ◽  
Human Rights ◽  
International Law ◽  
Well Being ◽  
Children's Rights ◽  
Legal Framework ◽  
Private Life ◽  
Children’S Rights ◽  
Dialectical Approach ◽  
Legal Method

The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.

scholarly journals Children's rights as law in Sweden–every health‐care encounter needs to meet the child's needs

2020 ◽  
Vol 23 (4) ◽  
pp. 860-869
Author(s):  
Sofia Sahlberg ◽  
Katarina Karlsson ◽  
Laura Darcy
Keyword(s):  
Health Care ◽  
Children's Rights ◽  
Children’S Rights

Children's rights in and out of the womb

2011 ◽  
Vol 19 (1) ◽  
pp. 3-19 ◽  
Author(s):  
Heather Montgomery ◽  
Marc Cornock
Keyword(s):  
Health Care ◽  
Health Care Professionals ◽  
Children's Rights ◽  
Children’S Rights ◽  
Childhood Studies ◽  
England And Wales ◽  
Legal Personhood ◽  
The Law ◽  
Sociology Of Childhood

AbstractThis article looks at the extent to which children's rights are applicable to the unborn. It focuses on England and Wales but also uses law and practice in other countries for comparative purposes. From the dual perspectives of the law and the anthropology/sociology of childhood, the authors examine how the unborn are constructed in law and culture and what this says about the boundaries between life and non-life, child and foetus, person and non-person. They also discuss the reluctance that many who work in childhood studies, and on children's rights, have shown in discussing the controversial question of when childhood begins. The article then examines differing ideas about when children are granted social and legal personhood and the various and often-contradictory positions taken by the law, parents, health care professionals and in more general debates.

Examining the complementarity of ‘children’s rights’ and ‘bioethics’ moral frameworks in pediatric health care

2016 ◽  
Vol 20 (4) ◽  
pp. 437-445 ◽  
Author(s):  
Franco A Carnevale ◽  
Irma Manjavidze
Keyword(s):  
Health Care ◽  
Child Health ◽  
Children's Rights ◽  
Children’S Rights ◽  
Pediatric Health ◽  
Pediatric Health Care ◽  
Rights Of The Child ◽  
The Republic ◽  
Moral Frameworks ◽  
Pediatric Bioethics

The United Nations Convention on the Rights of the Child has inspired numerous initiatives to recognize children’s health-related rights. Whereas children’s rights have served as the dominant moral framework for child health concerns in Europe, pediatric bioethics has emerged as the principal framework used in North America. Despite their similarities, these two frameworks differ significantly. Children’s rights initiatives tend to be universalist, highlighting substantive standards for all children, while pediatric bioethics has developed norms, models, and procedures for the ethical analysis and management of individual cases. The aim of this article is to critically examine the respective contributions and intersections of children’s rights and pediatric bioethics moral frameworks in child health. We describe our collaboration bridging our work with these two frameworks to address pediatric health-care concerns in the Republic of Georgia. We conclude with recommendations for how the complementarity of these two frameworks can be further bridged and promoted internationally.

An independent voice for children's rights in Europe? The role of independent children's rights institutions in the EU

2011 ◽  
Vol 19 (3) ◽  
pp. 429-449 ◽  
Author(s):  
Nigel A Thomas ◽  
Karl C Hanson ◽  
Brian B Gran
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Future Research ◽  
Annual Conference ◽  
The European Union ◽  
Council Of Europe ◽  
Rights Of The Child ◽  
Distinctive Role ◽  
The Eu

AbstractThis article attempts to understand the distinctive role of independent human rights institutions for children (IHRICs) in Europe, in the context of the proposed EU strategy on the rights of the child. It begins by explaining the distinctive characteristics of IHRICs, their presence, location and organisation in Europe, and the role of the European Network of Ombudspersons for Children (ENOC). It goes on to examine their developing relationships, individually and collectively, with European institutions (in particular the institutions of the European Union, but also with reference to the Council of Europe). The article draws on observations of the annual conference of ENOC in 2010, and on interviews with members of ENOC. The article follows this with a discussion of how IHRICs may be understood as operating at the interface of regional, national, European and global mechanisms, and concludes with a review of current issues and some questions for future research.

Grandparent Visitation Rights

2005 ◽  
Vol 26 (5) ◽  
pp. 638-664 ◽  
Author(s):  
Tammy L. Henderson
Keyword(s):  
Grounded Theory ◽  
Child Development ◽  
Social Construction ◽  
Critical Review ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Future Research ◽  
Parental Rights ◽  
The Social

The purpose of the study was to review grandparent visitation cases to determine how justices interpreted the best interests of the child standard. Using grounded theory methods, the author conducted a study on 46 grandparent visitation cases. Based on the critical review of these cases, three themes emerged: parental rights, children’s rights, and child development. These themes help to explain how courts influence the social construction of power within families. The author closes the study with implications and suggestions for future research.

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