scholarly journals Human rights begin with the rights of the child

2020 ◽  
pp. 356-360
Author(s):  
Natalia Linnik
Keyword(s):  
Social Relations ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Vulnerable Groups ◽  
Legal Norms ◽  
Foreign Experience ◽  
Rights Protection ◽  
Rights Of The Child ◽  
Socially Vulnerable Groups

The state, with the help of legal norms and the use of power levers regulates social relations, establishes and maintains the necessary order in the country, but also obeys the society itself is called to serve it. The relationship between society and the state, its quality and level is determined in particular by the effectiveness of the policy in the field of children's rights protection. At the same time, the role of the institution of the ombudsman (or the commissioner) in the affairs of children is undoubtedly extremely important. Children as one of the most socially vulnerable groups of the population need full protection of their rights. The introduction of the Ombudsman's Office in Ukraine is a serious step in improving the protection of children's rights. At the same time the transformational processes that take place in the Ukrainian society today predetermine the need for further research on the content and mechanisms of implementation of state policy in the field of children's rights protection. To do this, it is necessary to conduct an analysis of the domestic and foreign experience of the functioning of the institution of the ombudsman for the rights of the child, which is the purpose of this article. Therefore, the purpose of this article is to analyze the national and foreign experience of functioning of the Ombudsman Institute for the Rights of the Child. The article discusses the prerequisites and features of the establishment of the Ombudsman for Child Rights in Ukraine and the problems of its modern functioning. The models of construction of the Ombudsman Institute in foreign countries are analyzed: Germany, Finland, Canada, New Zealand, Austria, Sweden and Australia. The article also emphasizes the need to improve the system of jurisdictional protection of the rights of the child and the adoption of the Law on the Commissioner for the Rights of the Child in Ukraine.

UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 14 (2) ◽  
pp. 109-120
Author(s):  
T N Sithole ◽  
Kgothatso B Shai
Keyword(s):  
South Africa ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Vulnerable Groups ◽  
Great Awareness ◽  
Policy Theory ◽  
Rights Of The Child ◽  
The Status ◽  
Customary Practices

Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.

The development of children’s medical rights in Ukraine (1919 – beginning of the XXI century)

2021 ◽  
Vol 28 (4) ◽  
pp. 181-189
Author(s):  
Viktor M. Yermolaiev ◽  
Aisel A. Omarova ◽  
Hanna P. Ponomarova
Keyword(s):  
Child Protection ◽  
Synthesis Method ◽  
Children's Rights ◽  
World Health Organisation ◽  
Global Scale ◽  
Children’S Rights ◽  
World Health ◽  
Historical Period ◽  
Legal Norms ◽  
Rights Of The Child

Children's medical rights were actively developed in the twentieth century after the First World War. It was an event of a global scale that prompted legislative changes in national legislations, including Ukraine. Ukraine's experience in children's health care is rich in examples of both successful reforms in this field, and also not that successful ones. The development of children's medical rights in Ukraine had passed different stages of its development. The period from 1919 to the beginning of the 21st century was taken to resolve this issue. The choice of this historical period is justified by the presence of different stages of state and legal development of Ukraine, and, as a consequence, the development of children's medical rights. This is because the development of children's rights is inextricably linked with the development of state policy in the field of child protection. The aim of this research is to analyse the development of children’s medical rights on the example of Ukraine. To achieve this goal, international legal documents, legislation of Ukraine, and works of scholars from various countries were analysed. During the study of this issue, a variety of scientific methods were used. Among them are the dialectical, historical method, method of analysis and synthesis, method of analogy and method of interpretation of legal norms. The main results obtained are: analysis of the history of the development of children’s medical rights in Ukraine and influence of the World Health Organisation and the Convention on the Rights of the Child (1989) on this development. The value of this paper lies in obtaining practical recommendations regarding children’s rights in general and the medical rights of children in particular

scholarly journals EFEKTIVITAS PEMENUHAN HAK ANAK SETELAH PERCERAIAN (Studi Kasus di Kota Makassar)

2020 ◽  
Vol 1 (2) ◽  
pp. 1
Author(s):  
Awaluddin Sallatu
Keyword(s):  
Juvenile Court ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
The Future ◽  
The Government

AbstractThe Juvenile Court has included the rights of the child, the implementation of the obligations of parents, society and the government and the State, but the protection of children's rights still requires serious handling when there are things that are specific relating to legal protection for themselves. and if this can be overcome then every child will be able to assume their responsibilities as a child in the future so that the child is still given the broadest opportunity to grow and develop optimally, both physically, mentally and socially, with noble character, it is necessary to protect and to realize the welfare of children by providing guarantees for the fulfillment of their rights and the treatment without discrimination. This study aims to determine and analyze the effectiveness of fulfilling children's rights after divorce as well as factors that are inhibiting the fulfillment of children's rights after divorce.Keywords: Fulfillment Effectiveness, Children's Rights, After Divorce.AbstrakPengadilan Anak telah mencantumkan hak-hak anak, pelaksanaan kewajiban orang tua, masyarakat dan pemerintah serta Negara, namun perlindungan terhadap hak-hak anak masih memerlukan penanganan yang serius manakala ada hal-hal yang sifatnya spesifik yang berkaitan dengan perlindungan hukum bagi dirinya. dan apabila hal tersebut dapat diatasi maka setiap anak kelak mampu memikul tanggung jawabnya sebagai anak dikemudian hari sehingga dengan demikian anak tetap diberikan kesempatan yang seluas-luasnya untuk tumbuh dan berkembang secara optimal, baik fisik, mental maupun sosoial, berakhlak mulia, perlu dilakukan upaya perlindungan serta untuk mewujudkan kesejahteraan anak dengan memberikan jaminan terhadap pemenuhan hak-haknya serta adanyaperlakuan tanpa diskrimansi. Penelitian ini bertujuan untuk mengetahui dan menganalisis efektivitas pemenuhan hak anak setelah perceraian serta faktor-faktor yang menjadi penghambat dalam pemenuhan hak anak setelah perceraian.Kata Kunci :Efektivitas Pemenuhan, Hak Anak, Setelah Perceraian.

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.

scholarly journals Anak dan Kejahatan (Faktor Penyebab dan Perlindungan Hukum)

Jurnal Selat ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 225-234
Author(s):  
Ria Juliana ◽  
Ridwan Arifin
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Applicable Law ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
Rule Out

The State of Indonesia has never been separated from existing regulations, given that the State of Indonesia is a rule of law and all actions taken refer to the applicable law. The problem of a law lies in the procedure for the application of the law and the implementation of the law, in legal protection for children in Indonesia, both victims and perpetrators have the right to be protected, for this reason a rule of law has been set against the child’s own misconduct applicable. Problematics of arrest and detention and punishment of crimes committed by children enactment of article 43 of Act No. 3 of 1997 which explains that child detainees are basically still in effect the provisions of the Criminal Procedure Code (KUHAP) are the loss of children's rights and protection against applicable law. The development of the rights of the child is a public concern because at this time child perseverance has spread and the application of the law continues to apply to that the rights of children must also be considered to see that children's rights must also be fought for. Above everything discussed above that neglected the rights of children and their protection was due to the lack of attention from parents and families and a small part of this resulted from an environment that was not good for the character of the child himself. To create high peace and stability then the basis of the change is parents. Improvements made to the guidance of children that are carried out fundamentally with love and love, it does not rule out the possibility of child delinquency or criminal acts that are done less, other things if the child is allowed to grow without attention then does not rule out the greater the crime that will be committed.

scholarly journals Protection of children's rights in Ukraine, Azerbaijan and Turkey

2021 ◽  
pp. 43-50
Author(s):  
A. A. Omarova
Keyword(s):  
United Nations ◽  
State Policy ◽  
National Level ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Major Event ◽  
Founding Member ◽  
Rights Of The Child ◽  
The World

One of the most pressing issues in the world today is the protection of children's rights. A major event in this area was the adoption of the 1989 UN Convention on the Rights of the Child. At the time of the development and adoption of the Convention, Ukraine and Azerbaijan were part of the USSR. However, the Ukrainian SSR, unlike the Azerbaijani SSR, was the primary founding member of the United Nations and therefore participated in the development and adoption of the UN Convention on the Rights of the Child, like Turkey, whose observers also participated in this process. This article examines the participation of Ukraine, Azerbaijan and Turkey in the development and adoption of the 1989 UN Convention on the Rights of the Child. However, the adoption and ratification of the Convention is only the first step in the realization of children's rights at the national level. The national special laws of Ukraine, Azerbaijan and Turkey in the field of protection of children's rights are also studied. This article concludes on the different direction of the special laws of these countries. Moreover, there are some differences in the content of the laws, namely some of them includes not only rights, but also the duties of the child. The state of protection of children's rights in Ukraine, Azerbaijan and Turkey is a priority and urgent issue in the state policy of these countries and needs to be improved. The conclusions provide recommendations for improving the legislation of these countries.

scholarly journals Beginning of Protection of Children’s Rights in the Vietnamese Legal Development

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 105-118
Author(s):  
Giang HUYNH THI TRUC
Keyword(s):  
United Nations ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Colonial Rule ◽  
Legal Development ◽  
Rights Of The Child ◽  
French Colonial ◽  
United Nations Convention ◽  
The Government

In Vietnam, the government has focused on protecting children’s rights for many years, especially after the State signed the United Nations Convention on the Rights of the Child; however, whether such rights existed during the French colonial rule in Vietnam is an issue that needs to be clarified. This paper is formulated on the premise that the protection of children’s right was legislated in the Vietnamese law during the French occupation. In order to prove this position, this paper considers the laws enforced during the French colonial rule in Vietnam (1858–1945).

scholarly journals Children Are Human

2021 ◽  
Vol 8 (3) ◽  
pp. 495-536
Author(s):  
Kim Pearson
Keyword(s):  
United States ◽  
Children's Rights ◽  
The United States ◽  
National Standards ◽  
Children’S Rights ◽  
Negative Stereotypes ◽  
Legal Norms ◽  
Domestic Relations ◽  
Rights Of The Child ◽  
Legislative Changes

There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (“CRC”). The mystery of the United States’s ultimate reluctance to ratify the CRC, despite the nation’s central role in the drafting process, has been interrogated for years. Scholars and policy- makers have developed compelling narratives regarding obstacles to the United States’s ratification and implementation of the CRC. However well- reasoned the arguments for ratification are, there has been little progress in persuading the United States to ratify the CRC. While the work toward ratification should continue on every level, informal implementation before ratification would be advantageous and in line with historical methods of reform in the United States. One area that has been over- looked to the advantage of minority and vulnerable populations is domestic relations courts in the United States. In the United States, children’s rights advocacy work should be conducted like cause advocacy for historically disfavored groups to achieve legal recognition and protection of their rights. For example, parenting equality efforts were primarily focused on creating change in individual courts over time, allowing advocates to teach judicial officers and other legal decision-makers about positive outcomes for children of lesbian and gay parents while dispelling myths, misperceptions, and negative stereotypes about sexual minorities. Similarly, other disfavored parents, like working mothers, religious, and racial minorities, have used individual court cases to advocate and educate until new, progressive norms are adopted as national standards. Advocates for children’s rights should adopt institutional change theory and tailor cause advocacy efforts to implement the CRC principles in local domestic relations courts. Focusing on change from within institutions may shift legal norms more quickly, so children are recognized as fully human and thus rights holders in the United States, rather than relying on external legislative changes.

The Health Rights of Children

2020 ◽  
pp. 366-385
Author(s):  
Ursula Kilkelly
Keyword(s):  
Health Care ◽  
Children's Rights ◽  
Children’S Rights ◽  
Agenda 2030 ◽  
Rights Of The Child ◽  
Development Agenda ◽  
Development Goals ◽  
Health Rights ◽  
Missed Opportunity ◽  
Specific Health

Article 24 of the UN Convention on the Rights of the Child (CRC) recognizes the child’s right to health and health care. Despite its importance, surprisingly little international advocacy focuses exclusively on child’s health. The Committee on the Rights of the Child has addressed health and health care issues in many of its General Comments, but it has been surprisingly slow to adopt a General Comment dedicated to Article 24. There has also been an apparent disconnect between children’s rights law and the global development agenda. While the UN Sustainable Development Goals address many of children’s specific health needs, they do not mention the CRC and are not framed in rights terms. Although progress continues in advancing Agenda 2030, it is not clear whether greater progress would have been possible were these goals expressed as a matter of children’s rights. Overall, this process appears to be a missed opportunity to advance the child’s rights to health.

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.

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