scholarly journals Silence please!

2015 ◽  
pp. 175-178
Author(s):  
Jane Maeve O'Sullivan

“Shut up and eat your dinner!” Given that I grew up in an era in which it was considered that children should be seen and not heard the preceding demands were not at all unusual and regularly demanded at our family dinner table. In the not-so-distant past children were viewed as empty vessels in need of being filled with knowledge and “manners”. Their role was not to question but to accept the guidance, wisdom and discipline of knowing adults. Our view of childhood, however, has evolved. Today we recognise that children play an active role in their own lives and development. Instead of viewing children as human becomings we recognise them as human beings, as citizens, and like all citizens, children hold rights. In 1992 Ireland ratified the United Nations Convention on the Rights of the Child (CRC). Amongst other rights, this treaty affords children the right to be heard. ...

Author(s):  
Sydney Chapados

When schools shut down in Ontario during the COVID-19 Pandemic, many voices chimed in to discuss where children should be. However, children’s voices were largely missing from these discussions by virtue of being excluded by those in charge. Under the United Nations Convention on the Rights of the Child (1989), children are granted the right to express themselves, have that expression be taken seriously, and to be given information on matters that concern them. By conducting an analysis of the Ontario Government’s Back-to-School Plan and announcements, I argue that the developmental and economic framing of the decision to return to school denied children their expression rights guaranteed under the UN-CRC. The Ontario Government missed a vital opportunity to value children as full human beings with integral experiences. I conclude by arguing that it is imperative that the Government commits to using a rights-respecting approach to all policy and programming with potential to impact children or childhood.


Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.


Author(s):  
Nizar Smitha

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.


2013 ◽  
Vol 21 (4) ◽  
pp. 590-615
Author(s):  
Claire Fenton-Glynn

The right of the child to be heard in adoption proceedings flows directly from the provisions of the United Nations Convention on the Rights of the Child, ratified by almost every country in the world. In this paper, the interpretation of this principle across European jurisdictions will be analysed, both in terms of children who are old enough to make a determinative decision concerning their future, and those who are younger yet still possess the right to be heard. The wide variety of practices in Europe highlight the lack of progress in this field of law, which is not assisted by the conservative jurisprudence of the European Court of Human Rights.


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