Postcolonial dilemmas of children’s rights

2020 ◽  
pp. 127-160
Author(s):  
Manfred Liebel
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Latin American ◽  
Latin American Country ◽  
Children's Rights ◽  
Children’S Rights ◽  
Asian Countries ◽  
Rational Thinking ◽  
Rights Of The Child ◽  
The World

The UN Convention on the Rights of the Child has strongly influenced the worldwide debates about what is suitable for children and what children are to be entitled to. In these debates, the Convention is not unanimously welcomed. In addition to those who question children's rights in general, because children are (supposedly) not capable of rational thinking, even children's rights advocates stand for at least two opposing positions. While some consider the Convention as a milestone on the way to a better childhood and only complain about the lack of implementation, others see it as an imperial Eurocentric project that globalizes the Western notions of childhood despite cultural diversity and imposes it on the ‘rest of the world’. This chapter goes beyond these controversial positions leading to a more differentiated assessment. Since children's rights are understood as human rights, the most pressing question is how the universal claim of these rights can be assessed. The chapter explores the main dilemmas in the realization of children’s rights in their postcolonial contexts. It challenges them with reference to concrete cases from some Asian countries (Vietnam, India and Indonesia) and one Latin American country (Bolivia) and discusses possible ways out.

Introduction: Children’s Rights as Human Rights

2021 ◽  
pp. 1-4
Author(s):  
Richard P. Hiskes
Keyword(s):  
United States ◽  
Human Rights ◽  
Children's Rights ◽  
The United States ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
The Us ◽  
The World

The world does not really believe that human rights pertain to children. This is so in spite of the fact that the 1989 UN Convention on the Rights of the Child (CRC) has been ratified by all nations worldwide except for one, the United States. This book explores the reasons behind the US refusal in ...

Children's Rights: Building From a Sense of Fairness. An Interview with Landon Pearson

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Mónica Ruiz-Casares
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
25Th Anniversary ◽  
Rights Of The Child ◽  
Time Period ◽  
The World ◽  
United Nations Convention ◽  
The Many

This year marks the 25th anniversary of the adoption of the United Nations Convention on the Rights of the Child (UNCRC). The most widely endorsed human rights instrument, the UNCRC represents a key legislative and advocacy tool to promote and protect children’s rights and, in so doing, to change attitudes towards childhood. Despite the many challenges that remain, children’s rights have transformed our way of looking at children and how children are treated around the world. In Canada, this time period is intimately tied to the figure of Landon Pearson, former Canadian Senator (1994-2005), founder of the Landon Pearson Resource Centre for the Study of Childhood & Children's Rights at Carleton University, and a tireless advocate for children’s rights. In this interview with McGill Professor Mónica Ruiz-Casares, Landon Pearson traces back her interest in children’s rights and children’s voice, and reflects on the UNCRC—the context in which it emerged, its achievements and shortcomings to date, and the opportunities and challenges ahead. She shares her views on leadership and provides advice to researchers and practitioners to advance children’s rights into the future.

scholarly journals Modern International Protection of Children's Rights

2021 ◽  
Vol 7 (2) ◽  
pp. 15-23
Author(s):  
Tetyana HNATIUK ◽  
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Clear Understanding ◽  
Active Member ◽  
International Protection ◽  
Rights Of The Child ◽  
The World ◽  
Global Movement

Human rights are an inalienable right of everyone from birth. Respect for human rights and freedoms is seen as an indicator of the development of society. The Convention on the Rights of the Child, adopted in 1989 by the UN General Assembly and entered into force a year later, profoundly changed the world treatment of children. Like the Universal Declaration of Human Rights, the Convention formulated something fundamental to human well-being and acted as a watershed and a guide for future generations. According to the provisions of the Convention, the child is an active member of the family, community and society. The announcement of the Global Movement for Children in 1999 marked the beginning of major changes. All over the world, the movement aims to unite all those who believe that children's rights should be a priority. One of the main goals of the movement is to provide a clear understanding that the world's citizens care for children and expect governments to keep their promises.

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.

The Interrelated and Interdependent Nature of Children’s Rights

2020 ◽  
pp. 69-98
Author(s):  
Savitri Goonesekere
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Ad Hoc ◽  
Holistic Approach ◽  
Children's Rights ◽  
Children’S Rights ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
Global Agenda

The chapter analyses children’s human rights as universal norms and standards incorporated in the UN Convention on the Rights of the Child (CRC) that are relevant in diverse national contexts. Discussing national experiences and the quasi-jurisprudence of treaty bodies, the chapter argues that understanding the interrelated nature of the different groups of rights in the CRC is essential for effective implementation of these rights. It is suggested that the concept of the indivisibility of human rights and the global agenda of sustainable development reinforce the need for this approach. The chapter also discusses the interdependence, compatibility, and conflict between children’s rights and the human rights of other groups, such as parents, women, and a community with which a child connects as he or she grows to adulthood. The chapter argues that incorporating children’s rights in national constitutions, rather than ad hoc legislation, encourages this holistic approach to implementing children’s rights.

scholarly journals Children’s Rights in the Indonesian Oil Palm Industry: Improving Company Respect for the Rights of the Child

Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 500
Author(s):  
Stephany Iriana Pasaribu ◽  
Frank Vanclay
Keyword(s):  
Human Rights ◽  
Child Labor ◽  
Palm Oil ◽  
Oil Palm ◽  
Children's Rights ◽  
Business Case ◽  
Children’S Rights ◽  
Policy And Practice ◽  
Rights Of The Child ◽  
Social License

Although companies have many direct and indirect impacts on the lives of children, discussion of the responsibility of business to respect the rights of children has primarily focused on child labor. Using UNICEF’s Children’s Rights and Business Principles as a framework for our analysis, we considered the activities of oil palm plantation companies operating in Indonesia. Our data come from key informant interviews and reflection on two programs established to promote respect for children’s rights in the Indonesian palm oil industry: one by Pusat Kajian Perlindungan Anak (PKPA) (Center for Child Study and Protection); and one by the Roundtable on Sustainable Palm Oil (RSPO) in conjunction with UNICEF. We considered: how plantation company activities impacted children’s lives; how companies demonstrated respect for children’s rights; and how observance of children’s rights can be improved. We discuss four problematic issues: getting company commitments to children’s rights into policy and practice; having a strong business case for respecting human rights and children’s rights; contradictory objectives within companies; and complexities around children in the workplace. We argue that a children’s rights based approach should be applied to the activities of all organizations. This children’s rights lens is needed to overcome the invisibility of children in society and industry, and to address the root causes of human rights harms. We note that respecting children’s rights will likely contribute to getting a social license to operate and grow.

Meeting the Challenge of Populism to Children’s Rights: The Value of Human Rights Education

2021 ◽  
Author(s):  
R Brian Howe ◽  
Katherine Covell
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Human Rights Education ◽  
New Right ◽  
Right Wing ◽  
Training Models ◽  
Human Needs ◽  
Rights Of The Child ◽  
Important Means

Abstract This article analyses the rise of the new right-wing, nationalistic, xenophobic, and authoritarian populism as a challenge to children’s human rights. Informed by human needs theory, it situates the new populism in the context of globalization, economic grievances, and cultural resentment and backlash against out-groups. Fuelling the rise in support for populism has been growing existential insecurity combined with a lack of effective education on human rights. The outcome, as shown in countries where populism has come into power, has been a threat and an attack on the human rights of children, as described in the UN Convention on the Rights of the Child. An important means of meeting the challenge of populism, we contend, is comprehensive and robust human rights education in schools, underpinned by education on children’s rights. As called for by the UN Committee on the Rights of the Child, children’s rights education needs to be integrated into school curricula, policies, practices, teaching materials, and teacher training. Models of human rights education in schools are available and studies have shown positive results in promoting knowledge, understanding, and support for human rights. As described by the United Nations, through providing education about, through, and for human rights, the ultimate goal—yet to be realized—is to advance a culture of human rights. Such a culture would serve as a counter to populism.

Children's Rights, Family Rights

2011 ◽  
Vol 4 (2) ◽  
pp. 171-188
Author(s):  
Karen M. Staller
Keyword(s):  
Human Rights ◽  
Social Work ◽  
Children's Rights ◽  
The United States ◽  
Qualitative Inquiry ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
Trade Offs ◽  
Depth Study ◽  
The Relationship

In this article I explore the intersections of children's human rights, social policy, and qualitative inquiry from a social work perspective. First, I consider the relationship between human rights work and social work. Second, I argue that children add complexity to the human rights debate. In doing so, I briefly examine the conflict between children's rights as developed in the United States and that of the United Nation's Convention on the Rights of the Child. Third, I turn to a specific qualitative research project in which a team of researchers conducted an in-depth study of the prosecution of child sexual abuse in one U.S. jurisdiction. I argue that the findings from this study illustrate how qualitative inquiry can reveal conflicting and often hidden value trade-offs that must be addressed when enacting and enforcing children's human rights. This study demonstrates what qualitative inquiry has to offer policy advocates who seek to promote children's human rights.

The Convention on the Rights of the Child – 30th Anniversary

2020 ◽  
Vol 595 (8) ◽  
pp. 3-16
Author(s):  
Anna Górka-Strzałkowska
Keyword(s):  
Local Governments ◽  
Children's Rights ◽  
Children’S Rights ◽  
General Assembly ◽  
United Nations General ◽  
Rights Of The Child ◽  
30Th Anniversary ◽  
The World ◽  
Entire Society ◽  
United Nations General Assembly

The issue of children’s rights is extensive and multi-threaded. Studies on this subject show different perspectives and views, referring to various areas of children’s functioning and development. The article presents the perspective of children’s rights in the activities of organizations, local governments, educational and culture institutions on the 30th anniversary of the adoption of the Convention on the Rights of the Child. The Declaration of the Rights of the Child was created, adopted on November 20, 1959 by the United Nations General Assembly, which developed the scope of children’s rights. However, it still had no legal value. It was only the Convention on the Rights of the Child, established on the initiative of Poland on November 20, 1989, that became a global constitution protecting children all over the world. The events related to the 30th anniversary of the adoption of the Convention became the culmination of the contemporary activities undertaken to mobilize the entire society to fight for children’s rights. These initiatives enabled the presentation of positions and views on the issue of the child. In a broad sense, they allowed the possibility of implementing program changes to improve the situation of children not only in Poland, but also in the world.

The New Complaints Mechanism for the Convention on the Rights of the Child

2014 ◽  
Vol 22 (1) ◽  
pp. 205-225 ◽  
Author(s):  
Suzanne Egan
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
General Assembly ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Child Friendly

The un General Assembly has recently adopted a third Optional Protocol to the crc, providing for an individual complaint mechanism for children. The product of a sustained campaign on the part of ngos and children’s rights advocates, the Protocol achieves a certain parity of esteem for children vis-à-vis complainants under other core un human rights instruments by enabling them to make complaints specifically with respect to rights guaranteed by the Convention and its two substantive protocols. This article examines the terms of this new procedure in the light of its drafting history and explains why the resulting text has in many respects disappointed in terms of delivering a much-hoped for “child-friendly” complaint mechanism for children.

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