scholarly journals Children’s Rights Are Human Rights and Why Canadian Implementation Lags Behind

2017 ◽  
Vol 4 (1) ◽  
pp. 24-47 ◽  
Author(s):  
Mona Pare
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Concept ◽  
Child Rights ◽  
Legal Norms ◽  
Critical Studies ◽  
Rights Of The Child

Child rights scholarship is increasingly calling for further theorization of children’s rights, and research using the Convention on the Rights of the Child as a framework is being criticized. This paper discusses children’s rights as a legal concept that is part of wider international human rights law. It recognizes the importance of critical studies and the contribution of other disciplines, but it makes a plea for not rejecting a legal reality. Children do have rights, and these are legal norms. The paper refers to Canadian practice as an example of how the lack of recognition of children’s rights as human rights can adversely affect the place of children in a country that is known for its respect for human rights.

Using international human rights law to mobilize for children’s rights and reproductive rights in Ireland

2021 ◽  
pp. 131-182
Author(s):  
Gráinne de Búrca
Keyword(s):  
Human Rights ◽  
Reproductive Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
The Government

This chapter uses the experimentalist framework to examine two processes of social change in Ireland in recent decades—children’s rights reform and reproductive rights reform—which included the engagement of domestic advocacy groups with international human rights law as a key element of those campaigns. In the case of child rights, a coalition of hitherto separate organizations and groups came together following Ireland’s ratification of the UN Convention on the Rights of the Child, and re-oriented their work and advocacy around the idea of children’s rights. By bringing issues before the Committee on the Rights of the Child, and requiring the government to engage repeatedly with the Committee and with the meaning and consequences in practice of the obligations taken on under the Convention, they injected fresh impetus into existing campaigns, opened a public conversation about children’s rights, and placed Ireland’s practices and attitudes towards children and the family in the context of international standards. In the case of abortion law reform which was a bitterly divisive and difficult issue in Ireland, domestic activists drew upon and engaged with a variety of international human rights institutions and laws over decades to keep pressure on the government and the state to introduce change, as well as to create public awareness of the suffering of specific women and to highlight existing and emerging international norms on reproductive rights. Both campaigns ultimately succeeded in pressing for the adoption of a range of important legislative and policy reforms.

17. Children’s rights

2017 ◽  
Author(s):  
Geraldine Van Bueren
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
Rights Of The Child ◽  
Survival And Development ◽  
Definition Of ◽  
The Right

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.

International Human Rights Law

2018 ◽  
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Respective Field ◽  
Protection Of Human Rights ◽  
International Human ◽  
The Ideal

Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as terrorism and poverty, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making the book the ideal companion for students and practitioners of human rights. Breadth and depth of coverage provide a thorough and complete guide for students of international human rights law. Each chapter is written by an expert in their respective field. The book includes useful features such as chapter summaries, charts, and suggestions for further reading. New to this third edition are chapters on children’s rights and the regional protection of human rights.

scholarly journals Incorporation of the UN Convention on the Rights of the Child in National Law

2020 ◽  
Vol 28 (1) ◽  
pp. 133-156
Author(s):  
Simon Hoffman ◽  
Rebecca Thorburn Stern
Keyword(s):  
Human Rights ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Analysis ◽  
Child Rights ◽  
Rights Of The Child ◽  
Human Rights Treaties ◽  
Legal Integration ◽  
Legislative Measures

Incorporation is amongst the legislative measures of implementation of the UN Convention on the Rights of the Child (crc) recommended by the Committee on the Rights of the Child. This article will discuss incorporation of the crc in national law. It will show how incorporation is understood in different contexts, and highlight possible tensions between child rights and international law discourse and analysis. It begins by reviewing literature on incorporation of human rights treaties before discussing how incorporation is conceptualised in the context of the crc. The focus then shifts to a review of studies that provide insights into how incorporation and legal integration of the crc impact on how children’s rights are treated in national legal systems. While primarily a commentary on the available literature, the authors reflect on the significance of incorporation and how this is understood for academic and legal analysis, and what the evidence tells us about its contribution to the realisation of children’s rights.

scholarly journals Human Rights as a Basis for Health Prevention and Promotion: Lessons Learned From Children's Rights and Tobacco Control

2018 ◽  
Vol 4 (Supplement 2) ◽  
pp. 19s-19s
Author(s):  
M.E. Gispen ◽  
B. Toebes
Keyword(s):  
Human Rights ◽  
Tobacco Control ◽  
Children's Rights ◽  
Children’S Rights ◽  
Vienna Convention ◽  
Negative Consequences ◽  
Human Rights Law ◽  
Health Prevention ◽  
Rights Of The Child ◽  
Promotion Strategies

Background: Exposure to tobacco smoke and tobacco smoking leads to numerous adverse health and developmental outcome including widespread cancers. The tobacco epidemic primarily roots in childhood as many adult smokers have started before the age of 18. Health prevention and promotion laws and policies are key to positive health change. Indeed, tobacco control legislation has positively impacted on child health and human rights may play a valuable basis and mechanism to foster health prevention and promotion strategies. Aim: To gain new knowledge on the added value of human rights law in fostering health prevention and promotion strategies by reference to specific findings in the case of tobacco control and children's rights. Methods: Literature research and document analysis. Interpretation on the basis of the treaty interpretation rules of the Vienna Convention on the Law of Treaties (art. 31-32). Results: Human rights are increasingly standard setting in the field of health prevention and health promotion in general. Even though human rights law largely includes open-ended norms, it provides for key legal obligations to protect child (and ultimately adult) health against the negative consequences of tobacco. The 1989 Convention on the Rights of the Child demonstrates that governments should take into account the best interests of the child, protect and promote the life, survival, and development of children, the right to health and its underlying determinants, and regulate the tobacco industry to the extent that it does not harm children's rights including health. Conclusion: The human rights framework may a valuable mechanism to support health prevention and promotion as it includes legally binding and enforceable obligations.

Protecting Children’s Rights in Asian Tourism

2014 ◽  
Vol 22 (3) ◽  
pp. 581-617 ◽  
Author(s):  
Afrooz Kaviani Johnson
Keyword(s):  
Human Rights ◽  
East Asia ◽  
Children's Rights ◽  
Children’S Rights ◽  
South East Asia ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Attention ◽  
Opportune Time ◽  
Protection Of Human Rights

International attention was first drawn to horrifying accounts of children being sexually exploited by foreign tourists in South East Asia in the early 1990s. This article reviews progress over the last two decades to combat this crime. With tourism reaching record levels and the relative vulnerability of children in South East Asia, I contend it is an opportune time to re-examine the response. Moving forwards, prevention initiatives must better address underlying vulnerabilities and acknowledge the indivisibility and interrelationship of children’s rights granted under international human rights law. This means broadening the response to address other disturbing violations of children’s rights in the tourism context, such as child labour and ‘orphanage tourism’. Those with the potential positively to influence the tourism environment must also be engaged in ‘child safe tourism’ as part of the wider commitment to responsible tourism and the protection of human rights.

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.

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