scholarly journals Children’s Rights to, in and through Education: Challenges and Opportunities

Šolsko polje ◽  
2020 ◽  
Vol XXXI (3-4) ◽  
pp. 11-25
Author(s):  
Zoe Moody
Keyword(s):  
Social Transformation ◽  
Economic Status ◽  
Children's Rights ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
Disability Status ◽  
Challenges And Opportunities ◽  
Agents Of Change ◽  
Family Language ◽  
The Right

Children’s rights in education incorporate many challenges in terms of both implementation and the pedagogical and social change opportunities they bring. First, ensuring access for all to quality education, regardless of characteristics like gender, migrant status, disability status, socio-economic status, ethnic background, family language etc., is a global concern. Second, effective implementation of the United Nations Convention on the Rights of the Child (1989) in schools – whether protecting them from discrimination and violence or creating a spirit of mutual understanding and acceptance, or fostering learning based on participatory pedagogies and structures for greater social justice – remains a challenge for the 21st century school. Finally, the ambition to enable children to become genuine agents of change capable of responding to today’s challenges in a globalised world, in all its complexity and diversity, while respecting the rights of all, raises many questions which the field of education faces now and will increasingly do so in the future. Exploring the multidimensional relationships between children’s rights and education, this article aims to give a clear picture of the field globally, through the prism of diversity, participation and social transformation as challenges for research and practice. Its aims are threefold: addressing the right of the child to, in and through education. First, the main obstacles to accessing education worldwide are identified; the issue of producing an inclusive, rights-infused environment in schools is then examined; finally, the transformative dimension of education and rights-education is discussed.

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>

Children's Rights

2013 ◽  
Author(s):  
Karen M. Staller
Keyword(s):  
Common Law ◽  
Children's Rights ◽  
State Intervention ◽  
Children’S Rights ◽  
Chronological Age ◽  
Rights Of The Child ◽  
Parens Patriae ◽  
The Common ◽  
The Right ◽  
Family Autonomy

Children's rights can refer to moral rights—basic human rights regardless of age or station—and legal rights, those awarded based on chronological age or level of maturity. They are conceptualized in three categories: protection rights (the right to be free from harm and exploitation), provision rights (the right to have their basic needs met), and participation rights (the right to have a say). Children's rights can conflict with family autonomy, and state intervention is based on the common law doctrine of parens patriae. The UN's Convention on the Rights of the Child is the most comprehensive statement of children's rights to date.

8. The Law Relating to Children:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Medical Treatment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Private Law ◽  
The Third ◽  
Rights Of The Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Law ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s.8 of the Children Act 1989, the welfare principle and the Welfare Checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

COMMUNICATION ROLE OF RIGHTS AND LEGAL STATUS

2019 ◽  
pp. 233
Author(s):  
Inta Siliniece
Keyword(s):  
Legal Status ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Civil Justice ◽  
Active Lifestyle ◽  
Rights Of The Child ◽  
The Right

One of today's most important issues in the field of international civil justice is the provision of family and children's rights. These are the right of the child to be in contact with both parents and the right of parents to take part in the upbringing of children. This is especially important if parents live separately or even in different countries. The global processes of globalization and the active lifestyle of people moving from one country to another determine the topicality of the issue. Increasingly, children are illegally moved from one country to another, thus limiting both the rights of the child with the other parent and the right of the other parent in the upbringing of the child.

scholarly journals Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 84
Author(s):  
Alejandro Fuentes ◽  
Marina Vannelli
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Effective Protection ◽  
American System ◽  
Rights Of The Child ◽  
The Right ◽  
International Instruments ◽  
Normative Integration ◽  
Dignified Life

The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention of the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence.

9. The Law Relating to Children: Children’s Rights and Private Law

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Medical Treatment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Private Law ◽  
The Third ◽  
Rights Of The Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Law ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s. 8 of the Children Act 1989, the welfare principle, and the welfare checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

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.

The Oxford Handbook of Children's Rights Law

2020 ◽  
Keyword(s):  
Critical Evaluation ◽  
Large Body ◽  
Children's Rights ◽  
Children’S Rights ◽  
Human Beings ◽  
Rights Of The Child ◽  
The Family ◽  
The World ◽  
Challenges And Opportunities ◽  
Evaluation And Assessment

Children’s rights law is a relatively young but rapidly developing discipline. The UN Convention on the Rights of the Child (CRC), the field’s core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children’s rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world’s population and every human being’s first stages of life. Now thirty years old, the CRC signaled a definitive shift in the way children are viewed and understood—from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children’s rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached the state in which more critical evaluation and assessment is needed of both the CRC and the large body of children’s rights law and policies that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children’s rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children’s rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children’s rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children’s rights law.

JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini
Keyword(s):  
Restorative Justice ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Law ◽  
The Right

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

scholarly journals Representation of Children’s Views in Finnish Newspaper Media Across Three Decades

2020 ◽  
Vol 37 (3-4) ◽  
Author(s):  
Marleena Mustola ◽  
Eija Sevón ◽  
Maarit Alasuutari
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
News Stories ◽  
Rights Of The Child ◽  
Thirtieth Anniversary ◽  
Public Actor ◽  
The Media ◽  
United Nations Convention ◽  
Children’S Views ◽  
The Right

As the United Nations Convention on the Rights of the Child (UNCRC) celebrates its thirtieth anniversary,it is relevant to explore how understandings of children’s rights have appeared duringthese three decades. As a key public actor in society, the media provides an interesting field inwhich to study the salience of children’s rights in societal and public discussions. Thus, in this article,we examine how children’s views are represented in «Helsingin Sanomat», the main nationalnewspaper of Finland, in 1997, 2007, and 2017. This examination is based on articles 12 and 13of the UNCRC, where it is stated that children have the right to express themselves in all mattersaffecting them. The data collection for this article was based on a systematic random samplingmethod of these issues in the years mentioned above, and a systematic content analysis was alsoapplied. The results show that, somewhat surprisingly, in 2017, less than a third of news storiesconcerning childhood and children reported children’s views on the matter, while in 2007, almosthalf of news stories reported on children’s views. Based on the data, it appears that macro-levelissues remained within adults’ sphere of discussion during these years.

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