scholarly journals Children Are Human

2021 ◽  
Vol 8 (3) ◽  
pp. 495-536
Author(s):  
Kim Pearson

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.

2021 ◽  
pp. 1-4
Author(s):  
Richard P. Hiskes

The world does not really believe that human rights pertain to children. This is so in spite of the fact that the 1989 UN Convention on the Rights of the Child (CRC) has been ratified by all nations worldwide except for one, the United States. This book explores the reasons behind the US refusal in ...


Troublemakers ◽  
2019 ◽  
pp. 209-214
Author(s):  
Kathryn Schumaker

The epilogue explains how the development of students’ rights between the 1960s and the 1980s shaped understandings of children’s rights more broadly. The epilogue discusses the Convention on the Rights of the Child, a United Nations treaty that the United States has refused to ratify, and argues that the Convention conflicts with understandings of children’s rights as expressed by American constitutional law. The epilogue then shows how a current students’ rights case from Detroit, Gary B. v. Snyder, which claims a right to literacy, shows how difficult it has become for students to make claims in relation to racial disparities. The epilogue then discusses what scholars call the “school-to-prison pipeline,” which supports the theory that the development of students’ rights has reinforced rather than challenged existing racial disparities. Finally, the epilogue briefly discusses the ideas about rights and schooling embodied by a new student movement against gun violence.


2011 ◽  
Vol 4 (2) ◽  
pp. 171-188
Author(s):  
Karen M. Staller

In this article I explore the intersections of children's human rights, social policy, and qualitative inquiry from a social work perspective. First, I consider the relationship between human rights work and social work. Second, I argue that children add complexity to the human rights debate. In doing so, I briefly examine the conflict between children's rights as developed in the United States and that of the United Nation's Convention on the Rights of the Child. Third, I turn to a specific qualitative research project in which a team of researchers conducted an in-depth study of the prosecution of child sexual abuse in one U.S. jurisdiction. I argue that the findings from this study illustrate how qualitative inquiry can reveal conflicting and often hidden value trade-offs that must be addressed when enacting and enforcing children's human rights. This study demonstrates what qualitative inquiry has to offer policy advocates who seek to promote children's human rights.


Author(s):  
Dominique Marshall

The right of children to be registered at birth was not part of early universal declarations of entitlements for the young adopted in the wake of the First World War. But during the interwar years, the main proponents of these declarations — the Save the Children International Union and the American Child Health Association, headed by philanthropist and future President Herbert Hoover — soon understood that the registration of infants was at the basis of their work, especially that concerned with the reduction of infant mortality. This chapter studies their respective campaigns in Africa and in the United States, respectively, to show how registration came to be understood as a prerequisite for the full promises of children's rights to be realized. It draws surprising parallels between the two efforts, related to the size of the territory and the discrimination faced by children due to their race and their ethnic origins.


Author(s):  
Viktor M. Yermolaiev ◽  
Aisel A. Omarova ◽  
Hanna P. Ponomarova

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


2018 ◽  
pp. 229-236
Author(s):  
Rachana Raval ◽  
Bhavesh Bharad

It was not until the late nineteenth century that a nascent children‘s rights protection movement countered the widely held view that children were mainly quasi property and economic assets. In the United States, the progressive movement challenged courts reluctance to interfere in family matters, promoted broad child welfare reforms and was successful in having laws passed to regulate child labor and provide for compulsory education. It also raised awareness of children‘s issues and established a juvenile court system. Another push for children‘s rights occurred in the 1960s and 1970s, when children were viewed by some advocates as victims of discrimination or as an oppressed group. In the international context, ―the growth of children‘s rights in international and transnational law has been identified as a striking change in the post-war legal landscape. 1 Children are a ―supremely important nation and international asset of the future well-being of the world depends on how the children grow & develop. United Nations adopted a resolution which proclaimed 1979 as an international year of the child. In consequence of this proclamation, In 1979, the Government of Polland submitted a draft on the rights of child for adoption by U.N. General Assembly as a lasting memorial year of the child after revised version & a decade campaigning, the UN General Assembly adopted the convention on the rights of the child on November 20 1989 and ratified by 135 nations including India.


1999 ◽  
Vol 7 ◽  
pp. 31
Author(s):  
David Poveda ◽  
Viviana Gómez ◽  
Claudia Messina

This article is a first attempt to relate the UN Convention on the Rights of the Child to education policy. It compares three countries, Argentina, Chile and Spain in an attempt to both present particular problems that are of pressing concern in each and to propose a framework that might reveal some possible obstacles to the implementation of children's rights. The article is divided into three sections. In the first section, a comparative review of the formal dispositions and legislative changes in the three countries is presented. Some of the most notable contrasts are briefly contextualized in the history of each nation-state. In the second section, particular problems in each nation are reassessed through the lens of the Convention. Three cases are examined: in Argentina, the funding and organization of public compulsory education; in Chile, an instance of international cooperation in education; in Spain, the relations between public and private education and ethnic segregation. Finally, a general framework is discussed using these three cases as examples.


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