scholarly journals Children’s rights and the regulations on the transfer of young players in football

2018 ◽  
Vol 55 (1) ◽  
pp. 115-124 ◽  
Author(s):  
Serhat Yilmaz ◽  
James Esson ◽  
Paul Darby ◽  
Eleanor Drywood ◽  
Carolynne Mason
Keyword(s):  
Young People ◽  
Monitoring And Evaluation ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Football Players ◽  
Transfer Processes ◽  
Regulatory Frameworks ◽  
The Status

Children who interact with football’s recruitment and transfer processes encounter a complex web of regulations and practices. Debates over how to ensure that the interests and well-being of young football players are adequately protected, and that risks to their rights and welfare are identified and addressed, have become a topic of academic, political and media concern. This commentary article provides an overview of the Fédération Internationale de Football Association (FIFA) regulations concerning the mobility and representation of minors in player recruitment processes, in particular the Regulations on the Status and Transfer of Players and the Regulations on Working with Intermediaries. We examine these regulations through the lens of the United Nations Children’s Rights Conventions (UNCRC). In so doing, the article demonstrates how football’s regulatory frameworks and commercial practices inadvertently yield consequences that operate against the best interests of children involved in the sport. To counteract this, it is proposed that all planning, implementation, monitoring and evaluation of regulations involving the recruitment and transfer of young people should be explicitly informed by globally accepted standards of children’s rights, such as the UNCRC. More specifically, it is argued that FIFA should adopt an approach that places the child at the centre of regulatory frameworks and characterises the child as a ‘rights holder’.

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 14 (2) ◽  
pp. 109-120
Author(s):  
T N Sithole ◽  
Kgothatso B Shai
Keyword(s):  
South Africa ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Vulnerable Groups ◽  
Great Awareness ◽  
Policy Theory ◽  
Rights Of The Child ◽  
The Status ◽  
Customary Practices

Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

scholarly journals Integrating Sustainable Development and Children’s Rights: A Case Study on Wales

2021 ◽  
Vol 10 (3) ◽  
pp. 100
Author(s):  
Rhian Croke ◽  
Helen Dale ◽  
Ally Dunhill ◽  
Arwyn Roberts ◽  
Malvika Unnithan ◽  
...  
Keyword(s):  
Sustainable Development ◽  
Integrated Approach ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Sustainable Development ◽  
Rights Of The Child ◽  
Development Goals ◽  
Deliberative Processes

The global disconnect between the Sustainable Development Goals (SDGs) and the Convention on the Rights of the Child (CRC), has been described as ‘a missed opportunity’. Since devolution, the Welsh Government has actively pursued a ‘sustainable development’ and a ‘children’s rights’ agenda. However, until recently, these separate agendas also did not contribute to each other, although they culminated in two radical and innovative pieces of legislation; the Rights of Children and Young Persons (Wales) Measure (2013) and the Well-being and Future Generations (Wales) Act (2015). This article offers a case study that draws upon the SDGs and the CRC and considers how recent guidance to Welsh public bodies for implementation attempts to contribute to a more integrated approach. It suggests that successful integration requires recognition of the importance of including children in deliberative processes, using both formal mechanisms, such as local authority youth forums, pupil councils and a national youth parliament, and informal mechanisms, such as child-led research, that enable children to initiate and influence sustainable change.

scholarly journals Multiple Practices of Social Pedagogy: The Case of The Smile of the Child , a Non-Profit Organization Dedicated to Children’s Protection and Well-Being

2015 ◽  
Author(s):  
Costas Yannopoulos ◽  
Stefanos Alevizos ◽  
Marina Kavallieraki
Keyword(s):  
Psychological Health ◽  
Child Protection ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Voluntary Organization ◽  
Non Profit ◽  
Social Pedagogy ◽  
Physical And Psychological Health

The Smile of the Child is a Greek non-profit, voluntary organization in the field of social pedagogy. It has been an NGO active in the field of child protection and children’s rights since 1996. It began as the dream of 10-year old Andreas Yannopoulos, who, shortly before losing his own battle for life, documented his vision in his journal. The Smile of the Child, empowered by committed employees and the support of hundreds of volunteers, provides services 24 hours a day throughout the year, including programmes for children’s welfare and protection of their physical and psychological health, as well as for the safety of thousands of children in danger in Greece.

scholarly journals The Enforcement of the Payment of Lobolo and its Impact On Children’s Rights in South Africa

2017 ◽  
Vol 16 (1) ◽  
pp. 404
Author(s):  
Nqobizwe Mvelo Ngema
Keyword(s):  
South Africa ◽  
Family Violence ◽  
Children's Rights ◽  
Main Issue ◽  
Children’S Rights ◽  
Best Interests ◽  
Current Form ◽  
Maternal Grandfather ◽  
Custody Of Children

Various communities in South Africa practise the custom of lobolo (payment in kind or cash by a prospective husband or the head of his family to the head of the prospective wife’s family in consideration of a customary marriage). These communities may be divided into two groups, those practicing theleka (the withholding of a wife by her father or guardian from her husband to coerce him to pay the outstanding lobolo) and those that do not. In the communities practising theleka the amount of lobolo is not fixed and the father or guardian of the wife may from time to time theleka the wife and demand one to three head of cattle from his son-in-law. The wife and her children, if there are any, may be held by their maternal grandfather until the payment of lobolo has been met. The main issue this article examines is whether the custom of theleka impacts on the custody of children or not. It also examines the concept of the best interests of the child and finds that theleka custom in its current form does impact on the custody of the child and conflicts with the child’s best interests. The article suggests that theleka custom needs to be developed to conform to the Constitution. It also examines whether or not the custom of theleka constitutes abduction and family violence. The writer submits that it does not constitute abduction and family violence and advocates that theleka custom be allowed to continue.

scholarly journals Children’s Views on Children’s Rights: A Systematic Literature Review

2021 ◽  
Vol 29 (4) ◽  
pp. 835-871
Author(s):  
Nicola Fairhall ◽  
Kevin Woods
Keyword(s):  
Young People ◽  
Literature Review ◽  
Systematic Literature Review ◽  
Children's Rights ◽  
Children’S Rights ◽  
Children And Young People ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Children’S Views ◽  
Broad Level

Abstract Children’s rights are set out in the United Nations Convention on the Rights of the Child. This systematic literature review aimed to investigate children’s views of children’s rights, at a broad level. Nine papers were included, from a range of countries and contexts. They all accessed the views of children and young people (aged up to 18 years). A content analysis was carried out using a recursive process of hybrid aggregative-configurative synthesis, and themes within children’s views and factors that may affect these were identified. These were ‘awareness of rights’, ‘value placed on (importance of) rights’, ‘impact of having/not having rights fulfilled’, ‘realisation and respect of rights’, ‘equality of rights’, ‘identifying and categorising of rights’, and ‘factors that may affect children’s views’. These were developed into a progression of rights realisation and implications for practice and further research were considered.

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.

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