Preface

1973 ◽  
Vol 43 (4) ◽  
pp. 481-482

During the last decade concern for children has been put increasingly in terms of children's rights: the right to adequate nutrition, health care, and comprehensive child development services, the right to education, the right to read, the rights of students, the right to treatment under the juvenile justice system. Much of the discussion has been either narrowly legal, limited to law journals, or merely strategic,urging the formation of child advocacy groups, or largely rhetorical, proclaiming the fundamental preconditions for physical and psychological development without exploring their policy implications. It has become clear that the interests of children do not always coincide with those of their parents or the state, and that there is no longer confidence that current laws and policies, which give adults wide discretion to interpret the child's best interests, always achieve beneficial ends. What has been missing is a broad notion of what is appropriately included in the consideration of children's rights and, at the same time, a more specific application of these rights to particular institutions, policies, and legislation.

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini

Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law.  Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice  The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases


2020 ◽  
Vol 28 (1) ◽  
pp. 36-65
Author(s):  
Ruth Brittle ◽  
Ellen Desmet

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.


Author(s):  
Geraldine Van Bueren

This chapter considers the protections afforded to children by international human rights law. It begins with a consideration of the international legal definition of the ‘child’. Focusing on the UN Convention on the Rights of the Child, the chapter considers the basic principles underlying the rights of the child: non-discrimination, the best interests of the child, the right to life, survival and development, the right to be heard, and the evolving capacity of the child. The chapter then considers the 4Ps that reflect the diversity of protection afforded by international law to the rights of the child: prevention, provision, protection, and participation. Finally, the chapter examines the protection of children’s rights at the regional level.


2020 ◽  
Vol 62 (2) ◽  
pp. 167-182
Author(s):  
Lorenzo Wakefield

Article 40 of the United Nations Convention on the Rights of the Child requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure that their best interests are upheld. South Africa ratified the CRC in 1995, the provisions of which have influenced the children’s rights clause in its 1996 Constitution. Section 28(1)(g) of the Constitution stipulates that children may not be detained, except as a measure of last resort and, should they be detained, it should be for the shortest appropriate period of time. Section 28(1)(g) goes further to give domestic effect to the following guarantees stipulated in Article 40 of the CRC: (1) the right to be treated in a manner, and kept in conditions, that take account of the child’s age; and (2) to have a legal practitioner assigned to the child. Recently, SA has enacted its Child Justice Act 75 of 2008, which came into operation on 1 April 2010. The question to be covered in this article is whether this Act truly complies with the international standards set by the CRC (15 years after SA ratified it); the general comments by the United Nations Committee on the Rights of the Child and other non-binding, yet persuasive instruments like the Standard Minimum Rules on the Administration of Juvenile Justice and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. This article only examines four aspects of the Child Justice Act, being: criminal capacity; pretrial release and detention; diversion; and sentencing. It concludes that, but for a few technical aspects of the Child Justice Act, SA took significant steps to comply with its international obligations when it domesticated the CRC in relation to children who commit offences.


Author(s):  
Meda Couzens

Children are heavily reliant on the services provided by the government and irregularities in public procurement processes are bound to affect the realisation of children's rights. In the Freedom Stationery (Pty) Ltd v The Member of the Executive Council for Education, Eastern Cape the Court was urged by the Centre for Child Law acting as an amicus curiae to consider children's right to education and their best interests when deciding on an interim interdict which would result in a delay in the provision of stationery to several schools in the Eastern Cape. This case note contains a summary of the case, some comments on the court's approach to the rights of children in procurement adjudication, and an assessment of the significance of the case for the development of children's rights in South Africa.


2015 ◽  
Vol 14 (1) ◽  
pp. 67
Author(s):  
Atik Wartini

A child’s right to education within the family according to Imam Syafi’i and its significance for early childhood  education in Indonesia This research is based on library research on the rights of the child to education within the family from the viewpoint of Imam Shafi’i, and the impact of his teachings on early childhood education in Indonesia. The study is interesting because the first schools to appear in Indonesia were of the Syafi’i tradition. Imam Syafi’i jurists and ushuliyyin have collections of poems that express the need to develop education in early childhood. Despite this, the theory of children’s education in the school of Imam Syafi’i is under researched. This study examines three research questions. First, how does one undertake a  biography of the thought of Imam Syafi’i and Imam Syafi’i school of thought. Second, what is the concept of children’s rights in the family in the view of Imam Syafi’i. And third, is there reference to  early Childhood education that implies the concept of children’s rights to education in the view of Imam Syafi’i. This study concludes that Imam Syafi ‘i in scientific rihlah is purely academic. Imam Syafi’i also elicits several important ideas on a child’s rights within the family, the right to education and the right to self-expression. Imam Syafi’i schools are relevaant to early childhood education in Indonesia in which these (religious education) schools are widespread.


2017 ◽  
Vol 5 (3) ◽  
pp. 207-218 ◽  
Author(s):  
Helen Stalford ◽  
Liam Cairns ◽  
Jeremy Marshall

Making the justice process ‘child friendly’ is a key priority for the children’s rights community. An abundance of commentary has been produced by the UN Committee on the Rights of the Child to highlight how justice proceedings can be made more accessible for children and, in 2010, the Council of Europe issued its comprehensive ‘Guidelines on Child Friendly Justice’. Despite these efforts, children remain ill-informed, not just about the nature of justice proceedings in which they may be implicated, but about the very existence and scope of their rights and how to enforce them. Despite unequivocal acknowledgement that the availability and accessibility of information is the crucial starting point in a children’s rights-based approach to dispensing justice, there has been surprisingly little attempt to scrutinise the availability, quality and accessibility of information about laws and policies affecting children. This article takes a closer look at what, exactly, ‘child friendly’ information means in practice. In doing so, we argue that attempts to develop child friendly information have yet to progress beyond adult-driven, largely tokenistic and superficial re-branding exercises. As such, efforts to develop child friendly resources are often of limited value in empowering young people to develop their legal literacy and realise their rights in practice. We reflect on our attempt to develop an explicitly children’s rights-based approach to the development of child friendly resources with a view to enhancing their purchase. This took place in the context of a pilot project, commissioned by the Council of Europe in June 2014, to create a child friendly version of their Child Friendly Justice Guidelines.


2020 ◽  
Vol 15 (3(57)) ◽  
pp. 9-20
Author(s):  
Małgorzata Turczyk ◽  
Sylwia Jaskulska

The aim of this article is to analyze distance learning, which was introduced in Poland during the COVID-19 outbreak, in the con- text of children’s rights. The main issues discussed herein are con- nected with incidents of excluding students and failing to respect their rights. The right to education of those children who do not have the conditions to fulfill their obligation of compulsory online school- ing is not our only concern. This article also touches on the issue of school’s insufficient guardianship and protective function and, in consequence, the aggravation of inequalities between people with lower and higher family income. The analysis is based on the authors’ appeal that was disseminated in April 2020 by Komitet Ochrony Praw Dzieci [Committee for the Protection of Children’s Rights] and the Ja Teacher’ka [I Teacher] foundation. The study was based on a perusal of the literature on the subject and a legal and normative scrutiny of the binding legal acts on distance learning. The first section presents the school as an institution of nor- mative inclusion in the historical and contemporary perspectives. In the second part, we shed light on areas of exclusion in the context of the changes introduced in connection with the pandemic.


Law Review ◽  
2021 ◽  
pp. 323
Author(s):  
Cynthia Phillo ◽  
Hessa Arteja ◽  
M Faiz Rizqi

<p><em>Children as the forerunners of the successor to the future Indonesia nation make children individuals who become priorities in holding the right to education. The law itself has governed the rights that a child must have, including the right to get a proper education. Due to the COVID-19 Pandemic, the government finds it difficult in providing legal protection for a proper education rights of children. By using normative legal method, this paper will explain how the legal protection of children’s rights  over education during the COVID-19 Pandemic that’s happening and how the government’s role is in fulfilling childern’s rights in getitng an education.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Anak sebagai cikal bakal penerus bangsa Indonesia menjadikan anak sebagai individu yang menjadi prioritas dalam memegang hak pendidikan. Undang-undang sendiri telah mengatur tentang hak-hak yang harus diteirma oleh anak, termasuk hak dalam pendidikan. Karena Pandemi COVID-19 yang terjadi, menambah kesulitan bagi pemerintah untuk memberikan perilundungan hukum bagi hak anak atas pendidikan. Dengan menggunakan penelitian hukum normatif, tulisan ini akan menjelaskan bagaimana perlindungan hukum hak anak atas pendidikan pada masa Pandemi COVID-19 yang sedang tejadi dan bagaimana peran negara dalam memenuhi hak anak dalam mendapat pendidikan.</p>


2020 ◽  
Vol 9 (1) ◽  
pp. 91
Author(s):  
Ramdani Ramdani

Penelitian ini membahas tentang “Hak Anak Dalam Sistem Peradilan Pidana Anak di Indonesia”. Penelitian ini bertujuan untuk mengentahui, menganalisis dan membahasn konsep serta bentuk dari hak anak dalam sistem peradilan pidana anak di Indonesia. Penelitian ini merupakan penelitian normativ dengan menggunakan pendekatan studi kepustakaan dengan menelaah, meneliti dan mengkaji perundang-undangan yang membahas tentang hak anak baik secara konsep maupun bentuk. Hasil dari penelitian ini secara garis besar dapat disimpulkan bahwa anak dalam dalam perkara pidana mendapat jaminan perlindungan hukum dalam berbagai bentuk seperti jaminan keselamatan baik fisik, mental maupun sosial dan memiliki akses terhadap informasi mengenai perkembangan perkara. Anak harus mendapatkan haknya berdasarkan kepentingan terbaik anak penghargaan terhadap anak. Jaminan perlindungan yang didapat tidak hanya dari Undang-undang No 11 tahun 2012 tentang sistem peradilan pidana anak namun juga dari Undang-undang No 13 tahun 2006 tentang perlindungan saksi dan korban. Negara dalam hal ini pemerintah dan aparatur penyelenggara memperhatikan implementasi yang efektif dengan pertimbangan kepentingan terbaik anak.Kata kunci: Sistem peradilan pidana anak, perlindungan anak, hak anakThis research discusses "Children's Rights in the Child Criminal Justice System in Indonesia". This study aims to identify, analyze and discuss the concepts and forms of children's rights in the juvenile justice system in Indonesia. This research is a normative study using a literature study approach by examining, researching and examining laws that discuss children's rights both in concept and form. The results of this study can be broadly concluded that children in criminal cases receive legal protection guarantees in various forms such as safety guarantees both physically, mentally and socially and have access to information regarding case developments. Children must get their rights based on the best interests of the child and respect for the child. The guarantee of protection is obtained not only from Law No. 11 of 2012 concerning the juvenile criminal justice system but also from Law No. 13 of 2006 concerning the protection of witnesses and victims. The state in this case the government and the apparatus organizers pay attention to effective implementation with consideration of the best interests of children.Keywords: Child criminal justice system, child protection, children's rights


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