Human and Children’s Rights in the Context of Education and School Mediation

Author(s):  
Martina Spann ◽  
Juan Carlos Torrego Seijo ◽  
Carlos Monge López

There is common understanding among the member states of the UN on Human and Children’s Rights and that everyone has a right to life, liberty, and security of person. Children are entitled to special care. Social changes caused by migration or armed conflicts affect families and may have negative consequences on children’s welfare. Violent family structures are often transported into the schools. Evidence on school mediation and conflict resolution programs between peers seems to be a good method to teach children how to resolve conflicts peacefully. This paper also researches how such programs can contribute to a more conflict-free society.

Author(s):  
Naomi Cahn

The world of reproductive technology, including donor gametes and surrogacy, brings new challenges to identifying parents and respecting children’s rights. An intending parent—married or unmarried—is not necessarily the genetic contributor to the resulting child. And children have interests in knowing the identity of their genetic progenitors. This chapter focuses on whom the law recognizes as parents when a child has been created through assisted reproductive technology. While the chapter traces how intent has emerged as the critical factor in determining parentage, it also shows how intentional parenthood might sometimes be in tension with functional parenthood. The chapter provides a brief history of the technologies and their implications for parentage law and children’s rights to know their genetic origins. It also considers how the law might better adjust to changing technologies and family structures to produce outcomes that respect the child, rather than abstract concepts of equality—or even the parents’ interests.


Fundamina ◽  
2021 ◽  
Vol 2021 (1) ◽  
pp. 33-66
Author(s):  
Leah A Ndimurwimo ◽  
Molya Vundamina

The plight of refugees is currently one of the concerning global human rights issues. The refugee population is largely comprised of women and children who become displaced during armed conflicts; this is because the majority of persons killed or who become victims of forced disappearance are men. Forcibly displaced children face direct physical threats, as well as a variety of health-related problems. Although forcibly displaced children generally include those who are not refugees, this contribution is only concerned with refugee children. Refugee children are vulnerable to different types of abuse and exploitation, and often become the target of discrimination, sexual exploitation and social marginalisation in the refugee transit camps and countries of exile. Although the Convention on the Rights of Child, 1989 was adopted to protect children’s rights worldwide, the true impact of these provisions remains uncertain. This contribution examines the extent to which the adherence to the Convention on the Rights of the Child is promoted in Africa. This study compares the situation in South Africa, Tanzania and Zambia to pinpoint the legal and practical challenges that face refugee children in those countries. The contribution concludes with recommended solutions for effectively protecting and promoting refugee children’s rights in Africa.


Author(s):  
Geraldine Van Bueren

This chapter considers the protections afforded to children by international human rights law. It begins with a consideration of the international legal definition of the ‘child’. Focusing on the UN Convention on the Rights of the Child, the chapter considers the basic principles underlying the rights of the child: non-discrimination, the best interests of the child, the right to life, survival and development, the right to be heard, and the evolving capacity of the child. The chapter then considers the 4Ps that reflect the diversity of protection afforded by international law to the rights of the child: prevention, provision, protection, and participation. Finally, the chapter examines the protection of children’s rights at the regional level.


2018 ◽  
Vol 4 (Supplement 2) ◽  
pp. 19s-19s
Author(s):  
M.E. Gispen ◽  
B. Toebes

Background: Exposure to tobacco smoke and tobacco smoking leads to numerous adverse health and developmental outcome including widespread cancers. The tobacco epidemic primarily roots in childhood as many adult smokers have started before the age of 18. Health prevention and promotion laws and policies are key to positive health change. Indeed, tobacco control legislation has positively impacted on child health and human rights may play a valuable basis and mechanism to foster health prevention and promotion strategies. Aim: To gain new knowledge on the added value of human rights law in fostering health prevention and promotion strategies by reference to specific findings in the case of tobacco control and children's rights. Methods: Literature research and document analysis. Interpretation on the basis of the treaty interpretation rules of the Vienna Convention on the Law of Treaties (art. 31-32). Results: Human rights are increasingly standard setting in the field of health prevention and health promotion in general. Even though human rights law largely includes open-ended norms, it provides for key legal obligations to protect child (and ultimately adult) health against the negative consequences of tobacco. The 1989 Convention on the Rights of the Child demonstrates that governments should take into account the best interests of the child, protect and promote the life, survival, and development of children, the right to health and its underlying determinants, and regulate the tobacco industry to the extent that it does not harm children's rights including health. Conclusion: The human rights framework may a valuable mechanism to support health prevention and promotion as it includes legally binding and enforceable obligations.


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