Unaccompanied migrant youth in the Nordic countries

2019 ◽  
pp. 235-256
Author(s):  
Hilde Lidén
Keyword(s):  
Human Rights ◽  
Quantitative Data ◽  
Nordic Countries ◽  
Best Interests ◽  
Court Cases ◽  
Unaccompanied Minors ◽  
Rights Of The Child ◽  
Migrant Youth ◽  
New Policies ◽  
Human Rights Standards

This chapter explores the ambiguities and changes in regulations concerning unaccompanied asylum-seeking minors within, as well across, the Nordic countries, with regard to the gap between restrictions, new policies and practices on one hand, and the human rights standards set out in the UN Convention on the Rights of the Child and in immigrant-related legislation on the other. The chapter focuses on Sweden, Denmark and Norway. The chapter draws on research combining studies on documents and legal analyses (human rights conventions, national laws, regulations and court cases); an analysis of quantitative data from immigration authorities to identify particular areas of concern; and qualitative research, including fieldwork and interviews with unaccompanied minors, staff in reception centres, legal guardians and immigration authorities. The chapter highlights the growth in the discourse and policy of stricter immigration regulations over the best interests of the child.

Strengthening the Monitoring of and Compliance with the Rights of the African Child

2015 ◽  
Vol 23 (2) ◽  
pp. 365-390
Author(s):  
Robert Johnson
Keyword(s):  
Human Rights ◽  
Cultural Practices ◽  
Best Interests ◽  
African Child ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
African Charter ◽  
Human Rights Standards ◽  
Monitoring Practice

The African Charter on the Rights and Welfare of the Child is a progressive human rights instrument by international human rights standards. The provisions of theunConvention on the Rights of the Child and the African Charter are contrasted, noting stronger African provisions for the child’s ‘best interests’, stronger safeguards in areas of traditional or ‘cultural’ practices, and provisions concerning the ‘duties’ of the child and its implications for the child’s empowerment. Additionally, the African oversighting Committee holds stronger mandates than exist for theunCommittee on the Rights of the Child. However, reporting and monitoring practice by states parties and the oversight mechanism fall well short of such obligations and mandates. The paper proposes a range of measures to better ensure the rights of the African child, and their importance for the rights of all children and in advancing the international human rights treaty system.

scholarly journals The Islamic Republic of Iran and children’s right to education: acceptability & adaptability

2021 ◽  
Vol 4 (2) ◽  
pp. 26-48
Author(s):  
Shabnam Moinipour
Keyword(s):  
Human Rights ◽  
Best Interests ◽  
Islamic Republic ◽  
Right To Education ◽  
Cultural Rights ◽  
Educational Rights ◽  
Rights Of The Child ◽  
Islamic Republic Of Iran ◽  
The Right ◽  
Human Rights Standards

Iran, as a United Nations member state, has made moral and legal commitments to conform to international human rights standards, including the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC), which address the right to education. This article reviews Iran’s commitments to children’s educational rights, drawing on the 4-A scheme developed by the former Special Rapporteur of the UN High Commission for Human Rights on Education, Katarina Tomaševski, whereby education should be available, accessible, acceptable, and adaptable. It examines the State’s obligation to ensure education is acceptable and adaptable. It identifies a number of legal and political reasons why children are unable to claim their educational rights. It calls for substantial educational and societal reform and the prioritisation of the child’s best interests, over those of the State.

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.

Working Toward Recognition of the Rights of Migrant and Refugee Children

2020 ◽  
pp. 674-695
Author(s):  
Sarah Paoletti
Keyword(s):  
Human Rights ◽  
Civil War ◽  
Best Interests ◽  
Refugee Children ◽  
Next Generation ◽  
Rights Of The Child

This chapter addresses the rights of migrant and refugee children who increasingly are forced into migration, either alone or with members of their family, due to violence, civil war, poverty, economic degradation, and other often-intersecting factors. While addressing the rights and obligations set forth in the Convention on the Rights of the Child and other international and regional human rights instruments, the chapter further seeks to bring attention to the complexity and fluidity of migration and the motives that spurn migration; the role of family in serving the child’s best interests; and the scope of considerations that must be accounted for in seeking to ensure that the next generation of immigrants is positioned to thrive.

scholarly journals Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas

Laws ◽  
2019 ◽  
Vol 8 (4) ◽  
pp. 31
Author(s):  
Alejandro Fuentes ◽  
Marina Vannelli
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Level ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Effective Protection ◽  
Rights Of The Child ◽  
Unaccompanied Children ◽  
Human Rights Standards ◽  
Scope Of Protection

This paper proposes a critical analysis of the innovative jurisprudential approaches taken by the Inter-American Court of Human Rights in integrating the content and scope of protection of the human rights of children, in the context of migration processes. How might one provide an effective protection to unaccompanied children that enter irregularly into the territory of a given country, when the safeguards guaranteed at the national level are elusive or inefficient? By focusing on the pioneering jurisprudence developed by the Inter-American Court of Human Rights in recent years, this paper intends to unveil how a systemic integration of children’s rights, under the light of the current international law developments, could provide an effective protection for the rights of children in the context of migration processes. In fact, as a result of an evolutive, dynamic and effective interpretation, the regional tribunal has expanded the scope of protection of the American Convention on Human Rights, by taking into consideration and making known, references to instruments and provisions enshrined within the corpus juris of international human rights law, such as the UN Convention of the Rights of the Child, and—consequently—improving the level of protection of millions of children in the Americas.

Children’s human rights and diversity in schools: Framing and measuring

2018 ◽  
Vol 13 (2) ◽  
pp. 276-298 ◽  
Author(s):  
Audrey Osler ◽  
Trond Solhaug
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Measurement Instrument ◽  
Implementation Strategies ◽  
United Nation Convention ◽  
Child Rights ◽  
School Settings ◽  
Rights Of The Child ◽  
Human Rights Standards ◽  
United Nation

We report on the development of an instrument to measure attitudes to children’s human rights and diversity in schools. It was developed to investigate perceptions of human rights and diversity among students and then teachers in two contrasting areas of Norway. The instrument draws on human rights standards articulated in the United Nations Convention on the Rights of the Child. It is intended for use in future baseline studies, allowing for transnational and comparative analysis of child rights in education. The near-universal ratification of the United Nation Convention on the Rights of the Child provides an agreed international framework for evaluating rights implementation strategies over time. We contextualise the measurement instrument, focusing on rights provision, child protection, and participation in schools. We consider its strengths and possible limitations and discuss the need for a sound human rights conceptual model through which child rights in school settings can be interpreted.

scholarly journals International adoption: lex adoptio and the plurality of connecting factors

2021 ◽  
pp. 10-21
Author(s):  
Kseniya Olegovna Trinchenko
Keyword(s):  
Human Rights ◽  
International Adoption ◽  
Single Case ◽  
Hague Convention ◽  
Best Interests ◽  
Intercountry Adoption ◽  
Conflict Of Laws ◽  
Rights Of The Child ◽  
European Court ◽  
Substantive Law

This article analyzes the substantive law and conflict of laws law of such countries as Austria, Venezuela, Germany, Dominican Republic, Iceland, Spain, Canada (Quebec), Norway, Poland, Portugal, Switzerland, as well as bilateral agreements on legal aid, case law of the European Court of Human Rights, which demonstrates the presence general principles of law, as well as the principle of protecting the weaker party to the legal relationship, the principle of observance of best interests of a child established by the universal multilateral international agreements: Convention on Human Rights of 1950, Convention on the Rights of the Child of 1989, Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The author examines the relevant issues of the conflict of laws regarding the manifestation of the conflict of jurisdictions, plurality of connecting factors in regulation of a set of private law relations associated with international adoption. The result of the conducted research consists in formulation of a special statute of adoption (lex adoptio), analysis of its legal nature and scope. In the context of examination of the procedure for establishing international adoption, the author identifies the problem of dépeçage (different issues within a single case are governed by the laws of different jurisdictions). A classification is provided to the combinations of plurality of connecting factors established by the legislation of foreign countries, as well as multilateral international agreement – the Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors of 1984).

scholarly journals A imposição da guarda compartilhada como regra no ordenamento jurídico brasileiro: um paralelo com a Doutrina da Situação Irregular

2017 ◽  
Vol 3 (1) ◽  
pp. 14
Author(s):  
Rodrigo Freitas Paixão ◽  
Ana Paula Motta Costa
Keyword(s):  
Human Rights ◽  
Children And Adolescents ◽  
Legal System ◽  
The State ◽  
Best Interests ◽  
Joint Custody ◽  
International Convention ◽  
System A ◽  
Rights Of The Child

O artigo busca traçar um paralelo entre a imposição da guarda compartilhada pela Lei 13.058/2014 e a Doutrina da Situação Irregular que estabelecia a forma como os direitos das crianças e dos adolescentes eram tutelados pelo Estado antes da Convenção Internacional sobre os Direitos da Criança. Para tanto, mostrará que, empesar da boa intenção do legislador, a imposição incondicional da guarda compartilhada pode configurar uma afronta à Doutrina da Proteção Integral, em especial ao Princípio do Melhor Interesse da Criança e do Adolescente, e um retorno aos principais pensamentos que embasavam a Doutrina da Situação Irregular.Title: The imposition of joint custody as a rule in the Brazilian legal system: a parallel with the Irregular Situation DoctrineAbstract: The article seeks to draw a parallel between the imposition of shared custody by Law 13.058/2014 and the Irregular Situation Doctrine which established how the rights of children and adolescents were protected by the State prior to the International Convention on the Rights of the Child. This study will demonstrate that, in spite of the good intentions of the legislator, the unconditional imposition of joint custody can constitute an affront to the Integral Protection Doctrine, especially to the Principle of the Best Interests of Children and Adolescents, and a return to the main thoughts that embase the Irregular Situation DoctrineKeywords: human rights of children and adolescents; principle of the best interests of children and adolescents; joint custody; irregular situation docrtine; integral protection doctrine

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