scholarly journals CHILD'S HEALTH CARE: LEGAL FRAMEWORK AND ONGOING CHALLENGES

2020 ◽  
Vol 73 (12) ◽  
pp. 2789-2794
Author(s):  
Oleksandr V. Petryshyn ◽  
Marianna I. Liubchenko ◽  
Oleksii O. Liubchenko
Keyword(s):  
Health Care ◽  
Human Rights ◽  
International Law ◽  
Well Being ◽  
Children's Rights ◽  
Legal Framework ◽  
Private Life ◽  
Children’S Rights ◽  
Dialectical Approach ◽  
Legal Method

The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.

scholarly journals Children in Armed Conflict: A Human Rights Crisis in Somalia

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Salvador Santino Jr. Fulo Regilme ◽  
Elisabetta Spoldi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Children's Rights ◽  
Children’S Rights ◽  
Armed Groups ◽  
Public International Law ◽  
Rebel Groups ◽  
False Sense ◽  
Alternative Sources

Abstract Despite the consolidated body of public international law on children’s rights and armed conflict, why do armed rebel groups and state forces deploy children in armed conflict, particularly in Somalia? First, due to the lack of alternative sources of income and livelihood beyond armed conflict, children join the army due to coercive recruitment by commanders of armed groups. Their participation in armed conflict generates a fleeting and false sense of material security and belongingness in a group. Second, many Somali children were born in an environment of existential violence and material insecurity that normalized and routinized violence, thereby motivating them to view enlistment in armed conflict as morally permissible and necessary for existential survival.

scholarly journals The Foundations of Rights in the African Charter on the Rights and Welfare of the Child: A Historical and Philosophical Account

2009 ◽  
Vol 3 (1) ◽  
pp. 120-136 ◽  
Author(s):  
Thoko Kaime
Keyword(s):  
Human Rights ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Specific Reference ◽  
Philosophical Account ◽  
Welfare Of The Child ◽  
African Context ◽  
African Charter ◽  
Special Category

AbstractThis article examines the cultural-based critiques of the international human rights paradigm generally and children's rights in particular, with specific reference to Africa. In this regard, the paper attempts to identify gaps in the analyses of the African Charter on the Rights and Welfare of the Child. Towards that end, the paper proceeds in three parts. In the first section, it situates the discussion within the general framework of children's rights at international law. In the next section, it turns to an examination of the culture-based critiques of the idea of universal rights. Finally, in the fourth and fifth sections, it analyses the documents and literature that focus on the rights and welfare of the child. In the concluding section, the author raises several important questions regarding the propriety of this special category of human rights in the African context.

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.

Standards of human rights to palliative care: gaps and trends

2020 ◽  
Vol 13 (4) ◽  
pp. 293-298
Author(s):  
Varsha Agarwal ◽  
Ganesh L.
Keyword(s):  
Health Care ◽  
Palliative Care ◽  
Human Rights ◽  
Older Persons ◽  
Children's Rights ◽  
Right To Health ◽  
Children’S Rights ◽  
World Health ◽  
Content Type ◽  
Right To Health Care

Purpose The purpose of this paper is to investigate key milestones in development of standards of human rights to health care in particular context of addressing palliative care, relevant efforts of advocacy in past decade and future area of growth. Design/methodology/approach In this study, analysis of human rights and its standards in context of palliative care has been provided through the lens of freedom from ill treatment and torture, right to health care and older persons’ and children’s rights. Findings Findings of this study highlighted significant developments in this area which include following: first treaty of human rights which explained right to palliative care; first resolution on palliative care by World Health Assembly; special rapporteur’s report focussed on denial of pain; and addressing issue of controlled medicine availability in special session of UN General Assembly. Originality/value Human rights standards and their development in context of palliative care have been most significant in relation to freedom from ill treatment and torture, right to health care and older persons’ rights. Further work is required in context of children’s rights and treaty bodies of human rights need to consistently address state obligations towards palliative care.

The United Nations Convention on the Rights of the Child: The Good, the Bad, and the Useless

2019 ◽  
Vol 3 ◽  
pp. 42-57
Author(s):  
Midori Matthew
Keyword(s):  
United Nations ◽  
International Law ◽  
Emotional Abuse ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
International Treaties ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Children (UNCRC), put forth in 1989, has generated a global movement in the direction of protecting and promoting children’s rights, resulting in a paradigm change in how children are perceived under the law. While the UNCRC is the most widely ratified international human rights treaty in human history, children’s fundamental right to protection continues to be violated through actions instigated by adults, such as neglect, physical, sexual, or emotional abuse, or being coerced into marriage, wartime activities, or slavery. This is largely a result of international law having no empirical legal binding; since countries are sovereign upon themselves, without domestic enforcement by each individual signatory country, there is no obligation to abide by the terms of international treaties. Applying both a philosophical and legal framework, this paper seeks to provide a critical analysis of whether or not treaties of international law, such as the Convention on the Rights of Children (UNCRC), have an unyielded potential to spark a tangible, beneficial change in the promotion of children’s rights, or if such doctrines are nothing more than glorified pieces of lip service paid to bolster the signatory country’s face value on a global level.

Leveraging International Law to Strengthen the National Legal Framework on Child Sexual Abuse Material in Namibia

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Sabine Katharina Witting ◽  
Markus Angula
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
International Law ◽  
Child Pornography ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
Child Prostitution ◽  
Optional Protocol ◽  
Rights Of The Child

With the gazetting of the Regulations of the Child Care and Protection Act 3 of 2015, on 30 January 2019, a crucial regulatory piece of children’s rights in Namibia has finally been operationalised. However, the Act insufficiently addresses new emerging online offences against children such as the possession and distribution of child sexual abuse material, and hence leaves a considerable gap in the protection of children’s rights. As the Namibian Constitution follows a monist approach to international law, this article argues that the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography can be directly applied to complement the national legal framework to prosecute cases of possessing and disseminating child sexual abuse material, while upholding fair-trial principles.

scholarly journals Missed opportunities. Why is Canada missing out on the opportunity to implement a National Children’s Rights Commissioner?

2021 ◽  
Vol 8 (1) ◽  
pp. 112-130
Author(s):  
Elena Gallitto ◽  
Patrick Ladouceur ◽  
Seyda Celebi
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Children And Youth ◽  
Missed Opportunities ◽  
Essential Step ◽  
Beneficial Impact ◽  
Children’S Views

Policies can impact the well-being of children both directly and indirectly. Despite the growing acceptance of children as active citizens, they are often neglected in decision-making regarding policy. The Canadian government, which is built on principles of liberty and respect of human rights has the duty to guarantee that children’s views and needs are taken into account. In this regard, the creation of a National Children’s Rights Commissioner is an essential step to the establishment of a system that is accountable to children and the entire community. In this paper, we present the arguments in support of the need for a National Commissioner of Children and Youth in Canada. Recent research on the beneficial impact of the National Commissioner and their successes across different Commonwealth countries will be presented, and implications will be discussed.  

scholarly journals Modern International Protection of Children's Rights

2021 ◽  
Vol 7 (2) ◽  
pp. 15-23
Author(s):  
Tetyana HNATIUK ◽  
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Clear Understanding ◽  
Active Member ◽  
International Protection ◽  
Rights Of The Child ◽  
The World ◽  
Global Movement

Human rights are an inalienable right of everyone from birth. Respect for human rights and freedoms is seen as an indicator of the development of society. The Convention on the Rights of the Child, adopted in 1989 by the UN General Assembly and entered into force a year later, profoundly changed the world treatment of children. Like the Universal Declaration of Human Rights, the Convention formulated something fundamental to human well-being and acted as a watershed and a guide for future generations. According to the provisions of the Convention, the child is an active member of the family, community and society. The announcement of the Global Movement for Children in 1999 marked the beginning of major changes. All over the world, the movement aims to unite all those who believe that children's rights should be a priority. One of the main goals of the movement is to provide a clear understanding that the world's citizens care for children and expect governments to keep their promises.

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.

Citizenship and Rights of Children

2020 ◽  
pp. 221-236
Author(s):  
David B. Thronson
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Critical Role ◽  
Forced Migration ◽  
Children's Rights ◽  
Children’S Rights ◽  
Central Factor ◽  
Family Unity

Citizenship plays a larger and more critical role in the life of children than it should. Children who lack citizenship are incredibly vulnerable to exploitation. In the migration context, a child’s citizenship can be largely determinative of where and with whom a child lives. Despite a modern children’s rights framework that recognizes the humanity and autonomy of children, citizenship and nationality still form an integral part of a child’s identity and play a critical role in a child’s development. It has a pervasive impact in securing other rights for children and can be a central factor in a child’s cultural and linguistic background, education, economic and environment exposures, and virtually all aspects of a child’s daily life. This chapter examines children’s right to citizenship and explores the ongoing crisis of statelessness that undermines these rights. It reviews the role that citizenship plays in both voluntary and forced migration of children, child-specific protections found in both universal and regional human rights frameworks, and the role of children’s citizenship in promoting family unity.

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