scholarly journals The Children's Bill of Mauritius: A critical assessment of key aspects

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Roopanand Mahadew
Keyword(s):  
Child Protection ◽  
Juvenile Offender ◽  
Children's Rights ◽  
Critical Assessment ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Previous Child ◽  
United Nations Convention ◽  
Key Aspects

This article critically assesses the Children's Bill that has been presented as a law that will revolutionise the sphere of children's rights in Mauritius. It is set to replace the Child Protection Act which was way below the required international standard for children's rights. Essential aspects of the Bill are reviewed by using as barometers the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Some of the aspects explored are the principle of the best interests of the child, the protection of the child, the child as a juvenile offender and the Children's Court. The article also compares the Bill to the previous Child Protection Act to evaluate the efficacy of the changes brought about by the Bill.

From “Perverse” to Progressive?: Advocating for Children’s Rights in Argentina

2012 ◽  
Vol 20 (1) ◽  
pp. 72-89
Author(s):  
Amy Risley
Keyword(s):  
Child Protection ◽  
Social Issues ◽  
Children's Rights ◽  
Economic Reforms ◽  
Children’S Rights ◽  
Socioeconomic Conditions ◽  
Economic Rights ◽  
Rights Of The Child ◽  
The Social ◽  
United Nations Convention

This article argues that social issues are central to the children’s rights movement in Argentina. For more than a decade, child advocates have traced the plight of children to poverty, marginality, and neoliberal economic reforms. In particular, they have framed the issue of child welfare as closely related to socioeconomic conditions, underscored the “perverse” characteristics of the country’s existing institutions and policies, and called for reforms that accord with the United Nations Convention on the Rights of the Child. Although the country’s policies are gradually being transformed due to a landmark child-protection law passed in 2005, a dramatically more progressive framework for children’s rights has not yet been adopted. Given that policymakers have largely failed to reverse the trends that activists perceive as harming children, it is expected that advocates will continue to criticise the gap between domestic realities and the social and economic rights included in the Convention.

Children's Rights in Hungary in the Aftermath of the Revolution of 1989

2009 ◽  
Vol 17 (4) ◽  
pp. 543-559
Author(s):  
Martha Dóczi
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Rights Of The Child ◽  
The Family ◽  
Child Adoption ◽  
Human Rights Act ◽  
United Nations Convention ◽  
Family Code

AbstractThe Hungarian Family Act was adopted in 1952 (Act No. VI.1952. on Marriage, Family and Guardianship) and amended on several occasions. Part one of the Family Code contains the regulations relating to marriage. The second part of the family Code summarizes the rules relating to the family (family, child, adoption, maintenance, custody etc.). The third part of the Family Act deals with guardianship. The other legislation regarding the children's rights are the Child Protection Act and the Decree on Guardianship. (Act XXXI/1997 on the protection of children and on the administration of guardianship affairs.) In 1991 and 1993, Hungary adopted provisions both from the United Nations Convention on the Rights of the Child (Act LXIV of 1991) and from the European Convention on Human Rights (Act XXXI of 1993).

scholarly journals Exploring the Tension between the Rights of the Child and Parental Rights: Voices from Ghana

2021 ◽  
Author(s):  
Obed Adonteng-Kissi
Keyword(s):  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Parental Rights ◽  
Cultural Variations ◽  
Rights Of The Child ◽  
Role Of The State ◽  
United Nations Convention ◽  
The United Nations

The principle of “best interests of the child” is firmly established in legal jurisprudence and has taken a firm hold on several domestic and global instruments. Generally, the courts rely on this principle in many cases of child custody, child work, child labour, and compulsory education. The norm of best interests of the child seems to be placed at the core of international law in relation to children’s rights by Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC). Nevertheless, there is no one universal “best interests of the child” norm owing to cultural variations. In Ghana, this raises issues of conflicts between expectations in the rights and duties of the parent and the right of the child as expressed in the United Nations Convention on the Rights of the Child (UNCRC) and offers a genuine opportunity for reform. The United Nations Convention on the Rights of the Child (UNCRC) adopted the rights of the child that can be classified into three groups: protection rights, provision rights, and participation rights. It appears the best interests of the child is at the centre of international children’s rights law which is articulated through Article 3(1) of the UNCRC. Presently, the advocacy of a child’s right to welfare grounded on human dignity has generated the present discussion on the rights of the child. Article 18 of the UNCRC provides that parents have a shared and core responsibility for the nurturing of their children and that in undertaking their child upbringing responsibilities, appropriate support shall be offered to parents and legal guardians by State Parties. Usually, the variation between children’s rights and parental rights, nonetheless, is not acknowledged by the UNCRC. Furthermore, the UNCRC views children to be competent individuals who should be an essential component of decision-making on issues affecting them. The parent/child contrast demonstrates that there is the need for cooperation that protects the rights of the child, the parent and defines the role of the state. There is the need to explore the best legal and judicial processes for realising this cooperation.

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 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 Barnkonventionens implementering i svensk lagstiftning och praktik – barns bästa och barns rätt att uttrycka sina åsikter vid vårdnadstvister

2020 ◽  
Vol 37 (3-4) ◽  
Author(s):  
Annika Rejmer ◽  
Ann-Sofie Bergman
Keyword(s):  
Empirical Data ◽  
Empirical Studies ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Custody Disputes ◽  
Good Contact

Implementation of the Convention on the Rights of the Child in Swedish legislationand practice – children’s best interests and children’s rights to express their viewsin custody disputes: The article examines the implementation of articles 3 and 12 of the UN Convention on the Rightsof the Child (CRC) in the parental code regulations on custody, residence and access and how theyare applied in practice. The best interests of the child are, according to the regulations of the parentalcode, the superior principle in handling custody disputes, which includes an examination ofthe risk of abuse, the child’s need for close and good contact with both parents and the child’s will.The results of conducted empirical studies show that articles 3 and 12 of the CRC have not beenimplemented in the parental code. Children lack an independent right to express their opinionin the handling of custody disputes. The article is based on empirical data from sources of law,custody cases, and interviews with parents in dispute.

scholarly journals Cascading impacts of climate change and the rights of children in Africa: A reflection on the principle of intergenerational equity

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Rongedzayi Fambasayi ◽  
Michael Addaney
Keyword(s):  
Climate Change ◽  
Regional Climate ◽  
Children's Rights ◽  
Intergenerational Equity ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Sustainable Future ◽  
Climate Action ◽  
Impacts Of Climate Change

SUMMARY This article explores the manner in which climate action at the African regional level protects and promotes children's rights with considerations being had to the principle of intergenerational equity. It establishes that while the concept of intergenerational equity is entrenched in the international and African regional climate change framework for the protection of children, neither the Convention on the Rights of the Child nor the African Children's Charter mentions the concept. However, CRC and the African Children's Charter oblige states to take into consideration the views of children and protect their best interests in climate action (to ensure intergenerational equity) and in achieving a sustainable future. Using a doctrinal research method, the article examines the regional legal and institutional responses to the cascading impacts of climate change and how they safeguard children's rights to a sustainable future. It proceeds to critically analyse child rights-responsive provisions in the African Children's Charter that could potentially enhance the utility of the principle of intergenerational equity in the context of climate action in Africa. The article argues that the principle of intergenerational equity could, in theory, be used as a useful tool for the protection and promotion of the rights and interests of children from climate change impacts. Key words: children's rights; climate change; climate justice; future generations; intergenerational equity

Sign in / Sign up

Export Citation Format

Share Document