scholarly journals ‘Warm Eyes’, ‘Warm Breath’, ‘Heart Warmth’: Using Aroha (Love) and Warmth to Reconceptualise and Work towards Best Interests in Child Protection

2020 ◽  
Vol 9 (4) ◽  
pp. 54
Author(s):  
Susan Young ◽  
Margaret McKenzie ◽  
Cecilie Omre ◽  
Liv Schjelderup ◽  
Shayne Walker

The attributes ‘warm eyes’, ‘breathe warm air’, ‘heart warmth’ and aroha (love) guide our work in child protection. These quotes are from a young person from the Change Factory 2020, a MFAMILY student in 2020 and Jan Erik Henricksen Key Note at the 4th International Indigenous Voices in Social Work Conference, Alta, Norway 2017 respectively, to describe the way young people and families want workers to be. We reflect on the child rights and family inclusion provisions of the United Nations Convention on the Rights of the Child (UNCRoC), and the Aotearoa New Zealand (ANZ) legislation Children, Young Persons and their Families Act (1989), in contributing to the best interests of the child. We examine current events in our locations, Aotearoa New Zealand, Norway and Western Australia, as demonstrating that these joint principles are far from universally used in child protection practice. The sole use of Article 3 of the UNCRoC, in particular, often results in excluding families as legitimate stakeholders. In seeking to achieve the best interests of the child, we apply a practice framework to example vignettes. Here, we have added micro-practices to address the identified gaps in relationship building, engagement and enabling practices in working towards the practice of best interests.

2019 ◽  
Vol 31 (2) ◽  
Author(s):  
Sue Hanna ◽  
Charlotte Chisnell

INTRODUCTION: This paper discusses the situation of young carers, a population of children, young people and young adults who have received little attention in Aotearoa New Zealand social policy, social work practice and research.METHOD: The authors draw attention to the status and needs of this group through a review of literature and through their reflections, as two English-registered social workers, on practice with young carers in the United Kingdom.FINDINGS AND IMPLICATIONS: The paper argues that young carers are a vulnerable, invisible group who require recognition and respect. Using a children’s rights framework,it is suggested that more attention should be given by social workers to understanding the complexity of this role, and the rights of young carers as children under the United Nations Convention on the Rights of the Child.


2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Roopanand Mahadew

This article critically assesses the Children's Bill that has been presented as a law that will revolutionise the sphere of children's rights in Mauritius. It is set to replace the Child Protection Act which was way below the required international standard for children's rights. Essential aspects of the Bill are reviewed by using as barometers the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Some of the aspects explored are the principle of the best interests of the child, the protection of the child, the child as a juvenile offender and the Children's Court. The article also compares the Bill to the previous Child Protection Act to evaluate the efficacy of the changes brought about by the Bill.


2012 ◽  
Vol 20 (1) ◽  
pp. 72-89
Author(s):  
Amy Risley

This article argues that social issues are central to the children’s rights movement in Argentina. For more than a decade, child advocates have traced the plight of children to poverty, marginality, and neoliberal economic reforms. In particular, they have framed the issue of child welfare as closely related to socioeconomic conditions, underscored the “perverse” characteristics of the country’s existing institutions and policies, and called for reforms that accord with the United Nations Convention on the Rights of the Child. Although the country’s policies are gradually being transformed due to a landmark child-protection law passed in 2005, a dramatically more progressive framework for children’s rights has not yet been adopted. Given that policymakers have largely failed to reverse the trends that activists perceive as harming children, it is expected that advocates will continue to criticise the gap between domestic realities and the social and economic rights included in the Convention.


2007 ◽  
Vol 31 (1) ◽  
pp. 123 ◽  
Author(s):  
Karen J Hoare ◽  
Denise L Wilson

This paper examines the experience of poverty and child maltreatment among New Zealand?s children as compared with international statistics. New Zealand was a signatory to the United Nations Convention on the Rights of the Child in 1993, yet indicators suggest that implementation of the Articles of the Convention is limited. In the league of Organisation for Economic Co-operation and Development countries it ranks 23rd out of 26 for child poverty and 24th out of 27 for the child maltreatment death rate. A case will be made for coordination of existing and new services for children and families through a dedicated children?s centre, modelled on the United Kingdom?s Sure Start and Children?s Centre program that was modelled in part on the Head Start program of the United States. The paper reports on Wellsford, a rural community north of Auckland, which has embraced the children?s centre concept and is investigating ways to obtain funding to implement the idea.


2020 ◽  
Vol 62 (2) ◽  
pp. 199-215
Author(s):  
Anne Egan

Maintaining a relationship between parents and children following the breakdown of a marriage or relationship can be fraught with difficulties, particularly where acrimony exists between parents. This article explores the right of a non-custodial parent to have access to their child under Irish law and discusses the results of an interview-based study undertaken by the author using qualitative research methods. The interviewees in the study included practitioners as well as separated, divorced and unmarried fathers and mothers who outlined their views on access and the study found that the majority of non-custodial parents had some level of access to their child. The article further outlines the author’s experience of successfully applying to attend family court as a bona fide researcher and discusses some of the results of observations in those courts which reinforced the results of the interview-based study. Article 9(3) of the United Nations Convention on the Rights of the Child (CRC) states that in the event of separation of parents, it is the right of the child to maintain personal relations and contact with both parents. Article 7(1) of the Convention further supports the right of a child to be cared for by his or her parents. These articles have proved useful for fathers’ rights campaigners who advocate that they should have more contact with their children post-separation. The Convention, however, while ratified by Ireland, has not yet been incorporated into Irish law. The article concludes by examining whether the incorporation of the Convention would advance the rights of Irish children to maintain a relationship with their parents, unless such a relationship would be contrary to the children’s best interests. In light of this, this article examines the proposed wording of the Constitutional Referendum on Children which was published in early 2010 and assesses what impact the passing of such a referendum would have on children’s rights in Ireland.


2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.


Author(s):  
Bantekas Ilias

This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.


2020 ◽  
Vol 28 (3) ◽  
pp. 588-612
Author(s):  
Mark Henaghan

Abstract Article 5 of the UN Convention on the Rights of the Child recognises the importance of parents and wider family members in ensuring that children are given appropriate directions on their rights in the UN Convention on the Rights of the Child. This paper analyses the wording of Article 5 and four New Zealand case studies to test the possible interpretations of Article 5. The paper builds on the work of Landsdown and Kamchedzera (Landsdown, 2005; Kamchedzera, 2012) who have done previous comprehensive analyses of the ambit and significance of the wording in Article 5. Article 5, like all international instruments, is not designed to provide prescriptive answers to challenging problems where there is a clash of which rights should prevail for children in particular situations. The central theme of this paper is that where there is a clash of a child’s rights, the tiebreaker should be which right in the particular situation will best enhance the unique identity of a particular child. The paper draws on the work of Ronen (Ronen, 2004) which argues that the purpose of a child’s rights framework is so the child can construct their individualised identity which is authentic and real for that particular child. The New Zealand case studies have been chosen to exemplify particular aspects of Article 5 and see how they are played out in particular court settings and whether the outcome enhances or inhibits the child’s opportunity to develop their unique identity.


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