International Legal Regulation of the Children’s Rights

2019 ◽  
Vol 10 (7) ◽  
pp. 2002
Author(s):  
Kairat KAPSALYAMOV ◽  
Saule KAPSALYAMOVA ◽  
Dinara OSMANOVA ◽  
Baurzhan ZHUZBAEV ◽  
Bakhyt ZHUSIPOVA
Keyword(s):  
International Law ◽  
Children's Rights ◽  
Legal Regulation ◽  
Children’S Rights ◽  
Primary Sources ◽  
Educational Institutions ◽  
Sources Of Information ◽  
The People ◽  
Protection Mechanisms ◽  
The Right

This research discusses the urgent problems of regulating children’s rights at the global level. The goal is a comprehensive theoretical analysis of the children’s rights and their normative consolidation in international law; studying the effectiveness of protection mechanisms and the development of theoretical and practical proposals directed to improving the measures taken by Kazakhstan in this direction. The methodological basis of the study forms historical and comparative legal methods, which involved the analysis of scientific works on the issues of sociology, psychology, economics and law. At the same time, research methods include logical and systematic analyzes. The primary sources of information were laws and regulations defining the development aspects of the institution responsible for protecting the rights of children. Analyzing the situation in Kazakhstan showed that there are sufficient issues to be addressed. For instance, it is necessary to ensure that all children have the right to receiving high-quality educational services such as preschool organizations. Moreover, the existing ones should be modernized, and their total number should be increased. In villages, it is necessary to establish ungraded schools according to the desire of the people. The research results can be applied in the legal education system in studying the children’s rights; as well as in professional legal and pedagogical educational institutions, in the study of subjects such as ‘Human Rights’ and ‘Children's Rights’.

Critical Race Theory and Children’s Rights

2020 ◽  
pp. 137-157
Author(s):  
Natsu Taylor Saito ◽  
Akilah J. Kinnison
Keyword(s):  
Critical Race Theory ◽  
International Law ◽  
Children's Rights ◽  
Self Determination ◽  
Children’S Rights ◽  
Critical Race ◽  
Race And Racism ◽  
Race Theory ◽  
The Us ◽  
The Right

Racialized privilege and subordination impact children’s rights in many ways. This chapter begins with an overview of critical race theory (CRT), a framework that has been used primarily to assess the roles played by race and racism in the US legal system. It then summarizes key provisions of international law that prohibit racial discrimination and protect the right of all peoples to self-determination, focusing on how these norms impact children’s rights. Noting the importance of addressing the intersection of race and rights, this chapter suggests that the application of CRT principles could enhance the recognition of children’s rights in international law.

PERSONAL RIGHTS OF CHILDREN IN THE SUBJECT OF CONSTITUTIONAL AND LEGAL REGULATION

2021 ◽  
Vol 7 (4) ◽  
pp. 152-166
Author(s):  
Elena G. KOMISSAROVA ◽  
Tatiana V. KRASNOVA
Keyword(s):  
Children's Rights ◽  
Legal Regulation ◽  
Theoretical Concept ◽  
Children’S Rights ◽  
Theoretical Interpretation ◽  
Russian Scientific ◽  
Rights Of The Child ◽  
Personal Rights ◽  
Scientific Potential ◽  
The Right

The Russian scientific potential in promoting children’s rights is still largely limited by the interpretation of such a normative and theoretical construction as “protection of children’s rights”. The habitualness of such provision, however, does not imply that the theoretical interpretation of constitutional norms and of special legislation on the rights of the child excludes the positive regulatory aspect of the awareness of such rights. So far, little has been done in this field. In an effort to make their contribution to the creation of a harmonious theoretical concept covering the entire normative palette of children’s rights, including the personal non-property rights of the child, based on the theory of constitutional culture, the authors turn to the right of the child to know his/her origin, which is not named in the Constitution of the Russian Federation. Regarding the research methodology, such specific methods of scientific knowledge as intersectoral analysis, method of comparative law analysis, formal legal and logical methods, method of scientific generalization were used. The following theoretical conclusions are formulated in the article: the theory of children’s rights in the perspective of its constitutional development requires doctrinal support in the form of informal interdisciplinary research at the intersection of constitutional and family law; The mechanical references to constitutional norms should be replaced by a scientific understanding that constitutional provisions relating to human rights in general and the rights of the child in particular cannot be taken for granted by the doctrine, at least they need doctrinal support in the form of creating a harmonious theory of children’s rights.

scholarly journals INTERNATIONAL STANDARDS REGULATING LABOUR OF UNDERAGE WORKERS

10.23856/4623 ◽  
2021 ◽  
Vol 46 (3) ◽  
pp. 179-189
Author(s):  
Anna Sydorenko ◽  
Inna Polkhovska
Keyword(s):  
Children's Rights ◽  
Legal Regulation ◽  
Child Labour ◽  
International Standards ◽  
Children’S Rights ◽  
The European Union ◽  
Labour Law ◽  
Right To Work ◽  
Labour Legislation ◽  
The Right

The paper presents an analysis of the international standards governing child labour. It is determined that the right to work is every able-bodied person’s inalienable and indispensable right. Under current conditions of social development, the issues of legal regulation of labour of specific categories of workers are becoming of vital importance. It is proved that their regulation is based on differentiation which is defined by the extension of children rights. It is researched that in legislation of most countries, regulation of child labour is allocated in a separate institute whose rules, to a greater extent, correspond to international standards. It is determined that all countries should take measures to protect children’s rights and freedoms in the exercise of their right to work. It is proved that the acts of the European Union contain a specified list of children’s rights which should be the basis for developing and enhancing national labour legislation. It is determined that labour law, as well as any field of law, is distinguish by unity and differentiation. Unity is characterized by spreading labour law rules for all workers without exception, and differentiation of legal regulation of labour is characterized by the specification of the rules governing labour of specific categories of workers. It is investigated that differentiation of child labour is based on a subjective feature and is determined by the age, physiological, psychological and social factors. It is determined that differentiation of labour of this category of workers implies providing them with additional social and labour guarantees, as well as the use of restrictions and prohibitions when performing certain types of work. It was researched that the main criterion for child labour is differentiation of their age and working conditions. Their basic requirements are established by international rules and implemented in the national legislation.

scholarly journals Children in Armed Conflict: A Human Rights Crisis in Somalia

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Salvador Santino Jr. Fulo Regilme ◽  
Elisabetta Spoldi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Children's Rights ◽  
Children’S Rights ◽  
Armed Groups ◽  
Public International Law ◽  
Rebel Groups ◽  
False Sense ◽  
Alternative Sources

Abstract Despite the consolidated body of public international law on children’s rights and armed conflict, why do armed rebel groups and state forces deploy children in armed conflict, particularly in Somalia? First, due to the lack of alternative sources of income and livelihood beyond armed conflict, children join the army due to coercive recruitment by commanders of armed groups. Their participation in armed conflict generates a fleeting and false sense of material security and belongingness in a group. Second, many Somali children were born in an environment of existential violence and material insecurity that normalized and routinized violence, thereby motivating them to view enlistment in armed conflict as morally permissible and necessary for existential survival.

scholarly journals Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

scholarly journals Special courtroom as an element of child-friendly justice: organizational and legal aspect

2021 ◽  
pp. 16-26
Author(s):  
Pavlo Parkhomenko
Keyword(s):  
Legal Aspect ◽  
Children's Rights ◽  
Case Law ◽  
Legal Regulation ◽  
International Standards ◽  
Children’S Rights ◽  
European Court ◽  
Child Friendly ◽  
Basic Approaches ◽  
The Impact

The entry of a child into the sphere of justice, regardless of its status, requires the creation of such conditions that would minimize the possibility of the impact of negative factors in the process of administering justice on the child himself. In this regard, one of the effective and important elements in the child-friendly justice system may be the organization of a special courtroom, which would be adapted to hear cases involving a child, which is not widely used in national practice and does not have the appropriate legal regulation in general. In addition, to date, there are no studies that would reflect the problems of organizing a courtroom, in which it is possible to try different categories of cases with the participation of the child. The article attempts to conduct a theoretical and legal study of existing international standards and national legal regulation of the organization of child-friendly courtrooms, identifying the basic elements for its creation, through which it is possible to formulate basic approaches to the administration of child-friendly justice. The author stressed that international standards refer to the components of child-friendly justice, including the issue of creating the most comfortable conditions for the child in the courtroom and directly during the hearing. To substantiate the conclusions, we analyzed the national case law and the case law of the European Court of Human Rights, which demonstrates cases of violation of children's rights by not creating appropriate conditions for the trial of children, and emphasizes the importance of the situation in which the trial took place. from litigation involving adults. Positive practices of organization of special courtrooms in some courts of Ukraine are given. Based on the analysis, it was found that the issue of arranging a courtroom friendly to children has no legislative and departmental regulations, in connection with which proposed ways to address the legislative gap in this direction and guidelines for organizing a special courtroom, which is positively assessed. Рrovided children who were invited to court and who had the opportunity to compare the general courtroom and the special. Keywords: international standards, children's rights, child-friendly justice, child interview, courtroom.

scholarly journals Unchained freedom in cyberspace: a new danger for children’s rights

2020 ◽  
pp. 391-395
Author(s):  
Shahin Sabir Mammadrzali
Keyword(s):  
Moral Development ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Internet ◽  
State Control ◽  
Entertainment Education ◽  
Child Rights ◽  
Digital Rights ◽  
Rights Of The Child

The article is dedicated to the harm of cyberspace over children's digital rights in the Internet and introduces conclusions for better defeating digital violations. Digital violations against child rights exist in various forms. Although violation of children's digital rights is the reality of current life, still there is no unified and well-developed system of solutions to restrict freedom in cyberpace. Cyberspace opens new borders for entertainment, education, cultural and moral development of children. Yet, possible difficulties arise when it comes to suitable child rights. Children's digital rights is significantly more complex and multifaceted. Few norms in international law can be found for the regulation of cyberspace and the digital rights of children in this new medium. The content and scope of digital rights of children have not been defined yet. Thus, systemic international and national cyberspace mechanisms relating to the rights of the child should be created on the basis of state control.

Reduced Legal Equality of Combatants in War

2021 ◽  
Vol 35 (3) ◽  
pp. 443-465
Author(s):  
Philipp Gisbertz-Astolfi
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Moral Rights ◽  
Moral Reasons ◽  
Correct Interpretation ◽  
Laws Of War ◽  
Ethics Of War ◽  
Legal Equality ◽  
The Right

AbstractThe focus on the moral rights of combatants in the ethics of war ignores a very important point: although morally unjust combatants cannot be considered moral equals to just combatants, especially with regard to the right to kill, there are sound moral reasons why the laws of war should accept a kind of equality between them, a concept referred to as “reduced legal equality.” Reduced legal equality is not about equal moral rights but about granting legal immunity to combatants for their conduct in accordance with the laws of war. This article shows that reduced legal equality of combatants is not only the morally best legal regulation in our nonideal international world but also the correct interpretation of international law.

scholarly journals Recognizing and Respecting the Rights of Children with Disabilities in the Classroom

2016 ◽  
Vol 8 (3) ◽  
pp. 1
Author(s):  
Cornelia Schneider
Keyword(s):  
Children With Disabilities ◽  
Children's Rights ◽  
Relationship Building ◽  
Children’S Rights ◽  
Social Model ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Rights Of The Child ◽  
The Right

<p>The UN Convention on the Rights of the Child was adopted and ratified in 1990 by the UN<br />General Assembly, and signed by most member countries of the United Nations. However, its<br />implementation is slow, complex, and can to-date be considered as incomplete in most<br />countries, particularly as children’s rights often seem to be in contradiction with traditional<br />perceptions of children as dependent, immature and incompetent human beings under their<br />parents’ tutelage. Furthermore, it appears that children’s rights are at risk of colliding with the<br />rights of the family. These issues are even more strongly highlighted when it comes to<br />children with disabilities, as those children often are perceived as vulnerable and incompetent.<br />The UN Convention on the Rights of Persons with Disabilities of 2006 emphasizes the right<br />to full participation based on the social model of disability, including the right to inclusive<br />education for children with disabilities. This article addresses both conventions, the<br />contradictions within but also with each other, which impede the rights of children with<br />disabilities as much as traditional perceptions of childhood do. It will then demonstrate how<br />the recognition of the rights of children with disabilities can be improved by using the<br />frameworks of sociology of childhood (Corsaro, 2015) and the work on relationship building<br />and solidarity by Honneth (1995). Lastly, the article will give examples of how to implement<br />and respect the rights of children with disabilities in schools, by using the example of the<br /><em>Index for Inclusion</em>.</p>

scholarly journals Thirty Years of Research on Children’s Rights in the Context of Migration

2020 ◽  
Vol 28 (1) ◽  
pp. 36-65
Author(s):  
Ruth Brittle ◽  
Ellen Desmet
Keyword(s):  
Academic Research ◽  
Children's Rights ◽  
Migrant Children ◽  
Children’S Rights ◽  
Best Interests ◽  
Cultural Rights ◽  
Economic Migration ◽  
International Refugee Law ◽  
And Migration ◽  
The Right

This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration. However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.

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