scholarly journals Evaluating the role of the African Committee of Experts on the Rights and Welfare of the Child in the COVID-19 era: Visualising the African child in 2050

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Robert Doya Nanima
Keyword(s):  
Armed Conflict ◽  
Asylum Seekers ◽  
African Child ◽  
Internally Displaced ◽  
Public Health Emergencies ◽  
The Third ◽  
Rights Of The Child ◽  
Proposed Model ◽  
Welfare Of The Child

SUMMARY Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment informed by adequately functional institutions that aid the implementation of all laws that improve the position of the child; second, an environment punctuated by emergencies such as armed conflict, public health emergencies or humanitarian situations. The third environment is where a child who has moved from humanitarian situations seeks solace. This may include internally-displaced persons and refugees/asylum seekers. This article evaluates the role of the African Committee of Experts on the Rights and Welfare of the Child as the only regional human rights body that monitors the promotion and protection of the rights of children. The evaluation covers the third environment in the context of the COVID-19 era. It is argued that the current traction by the Committee after the outbreak of the pandemic can be used to improve the position of the child towards the 2050 aspirations. An evaluation of the effects of the pandemic on the child is done followed by a visualisation of the child in 2050. An analysis of the normative, institutional and jurisprudential framework of the Committee in the Covid-19 era follows. A juxtaposition of the use of Agenda 2040 to realise the 2050 visualised child is done. This informs a proposed model that the Committee may adopt, followed by a conclusion and recommendations. Key words: African Children's Committee; African Children's Charter; Agenda 2040; jurisprudence; normative; COVID-19

Towards Effective Implementation of the African Charter on the Rights and Welfare of the Child in Egypt

2018 ◽  
Vol 11 (2-3) ◽  
pp. 141-177
Author(s):  
Michael Gyan Nyarko
Keyword(s):  
The State ◽  
Structured Interviews ◽  
African Child ◽  
Legal Recognition ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
Welfare Of The Child ◽  
African Charter ◽  
Desk Research

AbstractThe adoption of the Convention on the Rights of the Child (CRC) in 1989 marked an important step towards the ‘legal recognition and protection of the rights of children’. The inadequacies of the CRC regarding some issues peculiar to the African child, however, led to the adoption of the African Charter on the Rights and Welfare of the Child (ACRWC or African Children’s Charter) in 1990, to complement the CRC and provide protection to children in peculiar African realities. The desired effects of the Charter will, however, only be achieved if its provisions are diligently implemented. Based on desk research and semi-structured interviews, this article discusses the implementation of the ACRWC in Egypt, highlighting the legislative and other measures adopted by Egypt to implement the provisions of the ACRWC. It also considers the role of the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee) in ensuring implementation of the ACRWC in Egypt through the state reporting and complaint mechanisms and considers the measures adopted by Egypt towards the implementation of concluding observations of the African Children’s Committee. It concludes with recommendations on how Egypt can better implement the provisions of the ACRWC.

Simplifying the Complexities of Negligence Law – A Joint Academic/Judicial Proposal

2020 ◽  
Vol 10 (3) ◽  
pp. 207-256
Author(s):  
Israel Gilead
Keyword(s):  
Common Law ◽  
Simplified Model ◽  
Duty Of Care ◽  
Natural Evolution ◽  
The Third ◽  
Short Overview ◽  
Canadian Law ◽  
Proposed Model ◽  
Negligence Law

AbstractOver a century, common law judges, academics, and practitioners have struggled with the complexities of negligence law. All agree that negligence liability is imposed on a defendant whose unreasonable conduct caused foreseeable harm to the plaintiff, and who owed a duty of care to the plaintiff. But views differ considerably as to the meaning and role of each element (unreasonable conduct, harm causation, duty), the test and the relevant considerations that should be applied to each, the interrelation between these elements, and the meaning and role of the foreseeability requirement in each element. Against this background, the author has argued for years that the above complexities can be easily solved by a simplified model of negligence. Recently the author’s model has been embraced by Israeli justices and judges. The article presents the proposed model, explains how it solves the described complexities, and fends off criticism. It then demonstrates the model’s operation by applying it to the 2018 SCC’s decision in the Rankin case. A glimpse at the Third Restatement on Torts shows that it steers in the same direction, as evidenced by an analysis of the Palsgraf case and the unforeseeable plaintiff question. Following a short overview of leading British cases from Donoghue to the 2018 decision in Robinson, it is argued that a shift to the proposed model would be a natural evolution that can be easily achieved. In contrast, it is argued that Canadian law has moved in another direction, for incorrect reasons. The model is then compared with another reform recently suggested in the literature. Finally, fault-based liability in continental Europe is viewed from the perspective of the proposed model.

Refugees and internally displaced persons — International humanitarian law and the role of the ICRC

1995 ◽  
Vol 35 (305) ◽  
pp. 162-180 ◽  
Author(s):  
Jean-Philippe Lavoyer
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Geneva Conventions

The main purpose of this brief study is to show the importance of international humanitarian law, in particular the Geneva Conventions of 1949 and their Additional Protocols of 1977, for internally displaced persons, i.e. persons displaced within their own country, and to refugees, i.e. persons who have fled their country. Not only does this body of international law protect them when they are victims of armed conflict, but its rules — if scrupulously applied — would make it possible to avoid the majority of displacements.

Challenging the Frame in the News

2009 ◽  
Vol 21 (4) ◽  
pp. 161-170 ◽  
Author(s):  
Baldwin Van Gorp ◽  
Paul Hendriks Vettehen ◽  
Johannes W.J. Beentjes
Keyword(s):  
External Validity ◽  
Asylum Seekers ◽  
Newspaper Article ◽  
Mixed Condition ◽  
The Third ◽  
Issue Involvement ◽  
Moderating Role ◽  
Newspaper Articles

The present study contributes to the external validity of the framing concept by studying the effects of frames actually utilized in newspaper articles. The study assesses the persuasive influence of such frames on the interpretation of news, and how issue involvement and attitude interfere in this process. A total of 282 participants were presented with one of three experimental versions of a newspaper article about asylum. In the first condition the asylum seekers were implicitly labeled as innocent victims, in the second as intruders. The third version is a mixed condition in which both competing frames were applied. In all three conditions an identical photograph was inserted. The findings indicate that the frame suggests how the photograph can be interpreted. However, no indications were found for a moderating role of the news readers’ issue involvement or attitude.

scholarly journals Epilogue

2021 ◽  
pp. 151-162
Author(s):  
David Beaumont
Keyword(s):  
Health Systems ◽  
Medical Training ◽  
Positive Health ◽  
Third Way ◽  
Call To Action ◽  
The Third ◽  
Proposed Model ◽  
Patient Consultation ◽  
Health Model

The author returns to the challenge presented by Ivan Illich in Medical Nemesis, and the concept of iatrogenesis—the inadvertent harm caused by doctors. The dispute over the numbers: is it the third-highest cause of death (after heart disease and cancer)? Or is this an underestimate? Illich’s book should be seen as a call to action. UK GP Dr Marshall Marinker’s response to Illich’s challenge; the flaws in medical training embodied in the unspoken assumptions guiding the clinical behaviour of its teachers. The inherent power imbalance in the doctor–patient consultation. The profession may have misunderstood Illich, but health systems have improved; medical curricula have been rewritten. The role of society in determining how care is provided, and the influence of health systems. New models of practice altering the person–doctor relationship, incorporating self-management (the ‘third way’ of medical practice). The author’s proposed model (the positive health model) empowers patients, as Illich advocated. The role of medical colleges and governments in positive change.

scholarly journals Investigating The Influence of Socio-Demographic and Family Factors on Perceptions of Safety Among Conflict Displaced Children in Nigeria

2019 ◽  
Author(s):  
Esther Ariyo ◽  
Dimitri Mortelmans ◽  
Edwin Wouters
Keyword(s):  
Armed Conflict ◽  
Family Relationship ◽  
Economic Stress ◽  
Family Factors ◽  
Parent Child Relationship ◽  
Internally Displaced ◽  
Perception Of Safety ◽  
Child Relationship ◽  
Displaced Children

Feeling safe is important for children’s wellbeing and a requisite in humanitarian interventions with children affected by armed conflict during the post displacement phase. This study investigates the role of demographic factors, family factors (parent-child relationship, economic stress, family conflict, family composition) and length of stay in 384 randomly selected internally displaced children (Mage 12.9, female 55.7%) living within six post displacement communities in Nigeria.Regression analysis indicates the prominent role of family functioning variables in the perception of safety for the children. Residing longer within the community and younger age contributes positively to feeling safer. These findings suggest that interventions for armed-conflict affected children may need to include programs that will improve family relationship and functioning

The diffusion of the United Nations Convention on the Rights of the Child (UNCRC) more than the African Charter on the Rights and Welfare of the Child (ACRWC) in Africa: The influence of coercion and emulation

2016 ◽  
Vol 60 (5) ◽  
pp. 1233-1243 ◽  
Author(s):  
Amana Talala Mbise
Keyword(s):  
United Nations ◽  
Research Policy ◽  
Policy And Practice ◽  
African Countries ◽  
African Child ◽  
Social Work Research ◽  
Rights Of The Child ◽  
Welfare Of The Child ◽  
African Charter ◽  
The United Nations

In 1989, the United Nations adopted the Convention on the Rights of the Child (UNCRC), a seminal instrument in protecting the rights of children. Uniquely, this convention was the only one to receive near universal ratification, with African countries comprising half of the first 20 to sign the convention. Ghana was first among these countries to ratify the convention. This set off a bandwagon effect of other African countries quickly ratifying the convention. However, a year later, African governments reacted to their low involvement in the drafting process of the UNCRC and also to what they thought to be an inadequate representation of the real experience of the African child in the UNCRC. Consequently, this group adopted their own version of the convention – the African Charter on the Rights and Welfare of the Child (ACRWC). However, unlike the experience with the UNCRC, African nations were not quick to ratify their own Charter; the ACRWC is hardly discussed in public and policy forums in Africa, and its use among those charged with the protection of children is minimal. Using the lenses of policy diffusion, I assess the influence of coercion and emulation mechanisms on privileging the UNCRC which is used as the main organizing framework for child rights in most African countries. Additionally, I look at how Ghana’s political reputation influenced other African adopters, an effect which was not replicated with the ratification of the ACRWC. Implications for social work research, policy and practice are discussed.

OMBUDSMEN AS NATIONAL INSTITUTION FOR PROTECTION OF THE RIGHT TO EDUCATION IN UKRAINE

2018 ◽  
Vol 1 ◽  
pp. 394-404
Author(s):  
Olga Melnychuk ◽  
Maksym Melnychuk
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Scientific Literature ◽  
Judicial System ◽  
Annual Reports ◽  
Human Right ◽  
Right To Education ◽  
Rights Of The Child ◽  
The Right

Under the conditions of an armed conflict in Eastern Ukraine the level of ensuring the fundamental human right to education is being reduced. Therefore there is a need to search for additional mechanisms of the protection of the right to education, among which must be singled out such an extra-judicial human rights mobile institution as an ombudsman. All this stipulates the purpose of the article: to find out the role of the Ukrainian Parliament Commissioner for Human Rights, the Commissioner of Ukraine on the rights of the Child and the Educational Ombudsman to ensure the right to education in Ukraine. During the study, such methods as the analysis of scientific literature, normative legal acts in the field of the right to education and annual reports of the Ukrainian Parliament Commissioner for Human Rights were used. The research results of the Razumkov Center (Ukraine) regarding the attitude of citizens to the Ukrainian Parliament Commissioner for Human Rightshave been analyzed. As a resultit was discovered that the measures taken by the Ukrainian Parliament Commissioner for Human Rights and the Commissioner on the rights of the Child for the right to education are active and effective. In the society the legislative introduction of the post of educational ombudsman as an additional human rights institution in the field of education in Ukraine is positively evaluated. The conducted study shows that subsidiary, non-judicial means of protection of the right to education in Ukraine have greater authority among Ukrainian citizens than the judicial system.

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