scholarly journals Social, Cultural and Systemic Barriers to Child Justice Reform: Lessons from Vietnam

Youth Justice ◽  
2021 ◽  
pp. 147322542110361
Author(s):  
Le Thu Dao ◽  
Yvon Dandurand
Keyword(s):  
Children's Rights ◽  
Policy Transfer ◽  
Children’S Rights ◽  
The Past ◽  
Justice Systems ◽  
Laws And Policies ◽  
Systemic Barriers

The implementation of child justice reforms often lingers or fails because it has not been systematically planned, properly communicated or adequately resourced. There are also many social, cultural and systemic barriers to child justice reforms, but these barriers are often poorly understood and meekly addressed. Progress in implementing rights-based comprehensive child justice systems has been slow, and there is a growing interest in understanding why, in many countries, child justice reforms have made relatively little progress over the past 30 years. This article reviews the experience of child justice reforms in Vietnam and discusses the broader question of policy transfer, specifically the translation of international children’s rights standards and norms into national child justice laws and policies.

Preface

1973 ◽  
Vol 43 (4) ◽  
pp. 481-482
Keyword(s):  
Juvenile Justice System ◽  
Children's Rights ◽  
Policy Implications ◽  
Children’S Rights ◽  
Best Interests ◽  
Child Advocacy ◽  
Advocacy Groups ◽  
Right To Education ◽  
Laws And Policies ◽  
The Right

During the last decade concern for children has been put increasingly in terms of children's rights: the right to adequate nutrition, health care, and comprehensive child development services, the right to education, the right to read, the rights of students, the right to treatment under the juvenile justice system. Much of the discussion has been either narrowly legal, limited to law journals, or merely strategic,urging the formation of child advocacy groups, or largely rhetorical, proclaiming the fundamental preconditions for physical and psychological development without exploring their policy implications. It has become clear that the interests of children do not always coincide with those of their parents or the state, and that there is no longer confidence that current laws and policies, which give adults wide discretion to interpret the child's best interests, always achieve beneficial ends. What has been missing is a broad notion of what is appropriately included in the consideration of children's rights and, at the same time, a more specific application of these rights to particular institutions, policies, and legislation.

'Child-proofing' EU law and policy: interrogating the law-making processes behind European asylum and immigration provision

2011 ◽  
Vol 19 (3) ◽  
pp. 405-428 ◽  
Author(s):  
Eleanor Drywood
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Legislative Process ◽  
Specific Context ◽  
Immigration Laws ◽  
Adequate Knowledge ◽  
Laws And Policies ◽  
Law Making ◽  
Young Immigrants

AbstractThe EU is pursuing an increasingly explicit agenda in relation to young immigrants and asylum-seekers, leading the supra-national legislature to grapple with the question of how to ensure that children's rights are upheld through this body of law. The tool of mainstreaming, which ensures that a particular concern is promoted through its incorporation into the entire law-making process, has emerged as a key strategy in this regard. This article explores the use of mainstreaming within the specific context of children's rights and uses its implementation in the specific context of the European Union's (EU's) asylum and immigration laws as a case-study to assess both its successes and its shortcomings. Using similar mainstreaming activities in the gender equality arena by way of illustration, the analysis questions, in particular, the capacity of mainstreaming: to accommodate the heterogeneity of child migrants as a group; to ensure appropriate representation and coordination in relation to children's rights at institutional level; and to deliver an adequate knowledge base to underpin decision making in the legislative process in relation to young immigrants and asylumseekers. The discussion concludes by pointing to some of the current deficiencies of children's rights mainstreaming, and speculating on its capacity to successfully promote the needs of young people in EU laws and policies in the future.

Children’s Rights and Theories of Rights

2013 ◽  
Vol 21 (4) ◽  
pp. 679-704 ◽  
Author(s):  
Hamish Ross
Keyword(s):  
Criminal Law ◽  
Conflicts Of Interest ◽  
Children's Rights ◽  
Children’S Rights ◽  
Past Century ◽  
Interest Theory ◽  
The Past ◽  
The Will ◽  
The Law ◽  
Will Theory

This essay revisits themes touched upon in an influential debate on the nature of rights between two of the leading jurists of the past century – H. L. A. Hart and Neil MacCormick. Consideration is given to how MacCormick uses children’s rights as a basis for a critique of Hart’s version of the will theory of rights towards support of MacCormick’s version of the rival interest theory of rights. While MacCormick argues, in some respects persuasively, that children’s rights and ‘rights’ apparently grounded in the criminal law present significant challenges to Hart’s version of the will theory of rights, these challenges – including the notion that Hartian will theory, in a sense, ‘disenfranchises’ children – are shown to have less force in the light of careful reassessment. It is also maintained that MacCormick’s version of the interest theory is itself significantly challenged by difficulties, including possible conflicts of interest, inherent in practical mechanisms – such as those enabling adult representatives to act on behalf of children – which the law provides to ensure that children’s rights may be properly exercised.

scholarly journals The 1990 World Summit for Children: An Interview with Landon Pearson

2020 ◽  
Vol 7 (1) ◽  
pp. 314-325
Author(s):  
Raven Griffin ◽  
Sarah Ham
Keyword(s):  
Children's Rights ◽  
Youth Activism ◽  
Children’S Rights ◽  
University Campus ◽  
World Summit ◽  
The Past ◽  
Rights Of The Child ◽  
The World ◽  
Research Assistants

This interview with the Hon. Landon Pearson was held in the Landon Pearson Resource Centre for the study of Childhood and Children’s Rights on the Carleton University campus. Virginia Caputo, the Director of the Centre, was present, alongside two research assistants, Raven Griffin and Sarah Ham, who formulated a series of questions for Landon Pearson regarding the 1990 World Summit and associated children’s rights initiatives. As a dedicated advocate for children’s rights, Landon Pearson provides a unique perspective on the 1990 World Summit, the UN Declaration on the Rights of the Child, and the Convention on the Rights of the Child as part of a broader look at the past thirty years of the children’s rights. In looking to the past of children’s rights, Landon Pearson shares insights on the inception and context of the World Summit, as well as an outlook on the present and future of youth activism.

scholarly journals “It’s easier to be with them”: How children with mental health concerns perceive their experiences with equine-assisted therapies

2021 ◽  
Author(s):  
Erin Harvey
Keyword(s):  
Mental Health ◽  
Children's Rights ◽  
Animal Assisted Therapy ◽  
Children’S Rights ◽  
Structured Interviews ◽  
The Past ◽  
Equine Assisted Therapy ◽  
Sociology Of Childhood ◽  
Equine Assisted ◽  
Insight Into

Animal assisted therapy was founded as early as 1792 to support an individual’s health (Wilson, Buultjens, Monfries & Karimi, 2017). One form of animal assisted therapy drawing attention over the past few decades is equine-assisted therapy and interventions (EAT/I). Research in this area has largely considered adults’ perspectives of EAT/I and has failed to consider how children using EAT/I perceive treatments. Using a sociology of childhood framework (Prout & James, 1997), a children’s rights perspective (Di Santo & Keannelly, 2014), and a disability justice framework (Devlieger, 1999) the present research employed qualitative, semi-structured interviews with open-ended questions and play-based methods. Five children aged five to twelve were interviewed, each of whom were enrolled in EAT/I. The findings demonstrated the children’s appreciation for their experiences with horses and experiences at the farm. They provided insight into how EAT/I benefit them and contrasted these experiences to their lived experiences outside the farm. Keywords: Equine assisted therapy, sociology of childhood, children’s rights, mental health

scholarly journals Achieving Child Friendly Justice through Child Friendly Methods: Let’s Start with the Right to Information

2017 ◽  
Vol 5 (3) ◽  
pp. 207-218 ◽  
Author(s):  
Helen Stalford ◽  
Liam Cairns ◽  
Jeremy Marshall
Keyword(s):  
Children's Rights ◽  
Pilot Project ◽  
Children’S Rights ◽  
Council Of Europe ◽  
Rights Of The Child ◽  
Starting Point ◽  
Child Friendly ◽  
Laws And Policies ◽  
Right To Information ◽  
The Right

Making the justice process ‘child friendly’ is a key priority for the children’s rights community. An abundance of commentary has been produced by the UN Committee on the Rights of the Child to highlight how justice proceedings can be made more accessible for children and, in 2010, the Council of Europe issued its comprehensive ‘Guidelines on Child Friendly Justice’. Despite these efforts, children remain ill-informed, not just about the nature of justice proceedings in which they may be implicated, but about the very existence and scope of their rights and how to enforce them. Despite unequivocal acknowledgement that the availability and accessibility of information is the crucial starting point in a children’s rights-based approach to dispensing justice, there has been surprisingly little attempt to scrutinise the availability, quality and accessibility of information about laws and policies affecting children. This article takes a closer look at what, exactly, ‘child friendly’ information means in practice. In doing so, we argue that attempts to develop child friendly information have yet to progress beyond adult-driven, largely tokenistic and superficial re-branding exercises. As such, efforts to develop child friendly resources are often of limited value in empowering young people to develop their legal literacy and realise their rights in practice. We reflect on our attempt to develop an explicitly children’s rights-based approach to the development of child friendly resources with a view to enhancing their purchase. This took place in the context of a pilot project, commissioned by the Council of Europe in June 2014, to create a child friendly version of their Child Friendly Justice Guidelines.

scholarly journals “It’s easier to be with them”: How children with mental health concerns perceive their experiences with equine-assisted therapies

2021 ◽  
Author(s):  
Erin Harvey
Keyword(s):  
Mental Health ◽  
Children's Rights ◽  
Animal Assisted Therapy ◽  
Children’S Rights ◽  
Structured Interviews ◽  
The Past ◽  
Equine Assisted Therapy ◽  
Sociology Of Childhood ◽  
Equine Assisted ◽  
Insight Into

Animal assisted therapy was founded as early as 1792 to support an individual’s health (Wilson, Buultjens, Monfries & Karimi, 2017). One form of animal assisted therapy drawing attention over the past few decades is equine-assisted therapy and interventions (EAT/I). Research in this area has largely considered adults’ perspectives of EAT/I and has failed to consider how children using EAT/I perceive treatments. Using a sociology of childhood framework (Prout & James, 1997), a children’s rights perspective (Di Santo & Keannelly, 2014), and a disability justice framework (Devlieger, 1999) the present research employed qualitative, semi-structured interviews with open-ended questions and play-based methods. Five children aged five to twelve were interviewed, each of whom were enrolled in EAT/I. The findings demonstrated the children’s appreciation for their experiences with horses and experiences at the farm. They provided insight into how EAT/I benefit them and contrasted these experiences to their lived experiences outside the farm. Keywords: Equine assisted therapy, sociology of childhood, children’s rights, mental health

scholarly journals Welfare, Justice, and Diverse Models of Youth Justice: A Children’s Rights Analysis

2021 ◽  
Vol 29 (4) ◽  
pp. 920-945
Author(s):  
Louise Forde
Keyword(s):  
New Zealand ◽  
Comparative Study ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Obligation ◽  
Youth Justice ◽  
Child Rights ◽  
Justice Systems

Abstract While States have a legal obligation to ensure that uncrc rights are fully vindicated in youth justice systems, States’ responses to offending by children are often dictated by other concerns. The need to ensure accountability and the protection of society, and the need to ensure children are treated as children and with respect for their needs – epitomised by the “welfare/justice debate” – are often seen as contradictory goals, meaning that identifying an overall “model” of youth justice that will also ensure uncrc-compliance can be difficult. Derived from a comparative study of child rights compliance in the youth justice systems of Scotland, Ireland and New Zealand, this article poses the question whether the uncrc mandates a particular approach to youth justice. It examines the balance between welfare and justice concerns found within the text of the uncrc and reflects on what this means for the development of rights-compliant youth justice systems.

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