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

From “Perverse” to Progressive?: Advocating for Children’s Rights in Argentina

2012 ◽  
Vol 20 (1) ◽  
pp. 72-89
Author(s):  
Amy Risley
Keyword(s):  
Child Protection ◽  
Social Issues ◽  
Children's Rights ◽  
Economic Reforms ◽  
Children’S Rights ◽  
Socioeconomic Conditions ◽  
Economic Rights ◽  
Rights Of The Child ◽  
The Social ◽  
United Nations Convention

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.

The Child’s Right to Family

2020 ◽  
pp. 236-256
Author(s):  
Barbara Bennett Woodhouse
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Child Protection ◽  
Children's Rights ◽  
Family Reunification ◽  
Children’S Rights ◽  
Family Identity ◽  
Rights Of The Child ◽  
European Court ◽  
Birth Records

This chapter discusses the role played by human rights charters, such as the UN Convention on the Rights of the Child, the European Charter of Human Rights, and the African Charter on the Rights and Welfare of the Child, in establishing that children are not mere property of their parents but persons with their own independent rights to protection of family relationships and family identity. The chapter identifies specific provisions in these charters relevant to children’s family rights. It then examines various decisions of the European Court of Human Rights that address claims of violations of children’s rights to family in contexts including adoption, child protection, family reunification, access to birth records, and immigration, and that define appropriate remedies. The chapter closes by highlighting the growing threat to children’s rights to know and be cared for by their families posed by the populist backlash in wealthier nations against migrants fleeing war, violence, and poverty.

scholarly journals Fulfilment of Formal Education for Children with Criminal Sentences: Analysis of Law Number 11 of 2012 concerning the Juvenile Justice System

2021 ◽  
Vol 13 (3) ◽  
pp. 1747-1755
Author(s):  
Subarsyah Subarsyah
Keyword(s):  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Formal Education ◽  
Juvenile Justice System ◽  
Children's Rights ◽  
Vital Role ◽  
Children’S Rights ◽  
Literature Study ◽  
Rights Of The Child

Crimes committed by children are currently experiencing a very significant increase. In Indonesia, the settlement of criminal cases against children is included in vulnerable children who need more attention in fulfilling their rights. However, there are still many violations of children's rights during their status as perpetrators of crimes and afterwards. This study aims to analyze the fulfilment of the formal education of criminal children by Law Number 11 of 2012 concerning the Juvenile Justice System. This study uses a qualitative approach with a literature study. The results of the study explain that Indonesia as a country that has ratified the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990 dated August 25, 1990, has further integrated children's rights into national law, namely into Law Number 23 of 2002 concerning Child Protection. Protection of children was created as an effort to educate and build quality and affluent children in education. These forms of protection include providing comfort, security, health, and adequate education. The existence of The Child Special Guidance Institute plays a vital role in fulfilling the educational needs of formal and non-formal children.

Children's Rights in Hungary in the Aftermath of the Revolution of 1989

2009 ◽  
Vol 17 (4) ◽  
pp. 543-559
Author(s):  
Martha Dóczi
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Rights Of The Child ◽  
The Family ◽  
Child Adoption ◽  
Human Rights Act ◽  
United Nations Convention ◽  
Family Code

AbstractThe Hungarian Family Act was adopted in 1952 (Act No. VI.1952. on Marriage, Family and Guardianship) and amended on several occasions. Part one of the Family Code contains the regulations relating to marriage. The second part of the family Code summarizes the rules relating to the family (family, child, adoption, maintenance, custody etc.). The third part of the Family Act deals with guardianship. The other legislation regarding the children's rights are the Child Protection Act and the Decree on Guardianship. (Act XXXI/1997 on the protection of children and on the administration of guardianship affairs.) In 1991 and 1993, Hungary adopted provisions both from the United Nations Convention on the Rights of the Child (Act LXIV of 1991) and from the European Convention on Human Rights (Act XXXI of 1993).

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.

Theorising Children’s Rights and Child Welfare Paradigms

2016 ◽  
Vol 24 (2) ◽  
pp. 304-329 ◽  
Author(s):  
Thomas Waldock
Keyword(s):  
Child Welfare ◽  
Child Protection ◽  
Children's Rights ◽  
Welfare States ◽  
Children’S Rights ◽  
Family Service ◽  
Rights Of The Child ◽  
Anglo American ◽  
Principles And Standards ◽  
Service Paradigm

By employing the principles and standards of the United Nations Convention on the Rights of the Child (crc), this paper explores the significance and implications of children’s rights for child welfare, with a specific focus on theoretical paradigms of practice. Reform discussions in child welfare scholarship often have centred on deficiencies in the Anglo-American child protection paradigm associated with liberal welfare states. Alternative paradigms are contrasted, most notably the family service approach to child welfare generally found in Nordic, social democratic welfare states. Whilst the crc supports a family service paradigm, the paper highlights disturbing tendencies in reform discussions that are traceable to theoretical roots in the widely adopted and referenced Esping-Andersen/Gilbert classifications of cultures and child welfare paradigms. Whilst the classifications have proven to be useful, the paper explores the need for a more nuanced and complex characterisation of cultures and paradigms, to avoid misunderstandings and conceptual confusion. In particular, children’s rights often are associated only with liberal welfare states and child protection paradigms, and therefore adopting a family service paradigm is conceptualised as moving away from a children’s rights or child protection focus. In fact, a children’s rights framework for child welfare would establish provision, protection and participation as equal and interrelated priorities, whilst still emphasising the importance of a child-centred analysis.

scholarly journals The Children's Bill of Mauritius: A critical assessment of key aspects

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Roopanand Mahadew
Keyword(s):  
Child Protection ◽  
Juvenile Offender ◽  
Children's Rights ◽  
Critical Assessment ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Previous Child ◽  
United Nations Convention ◽  
Key Aspects

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.

scholarly journals Governing Children’s Rights in Global Social Policy—International Organizations and the Thin Line Between Child Protection and Empowerment

2021 ◽  
pp. 139-162
Author(s):  
Anna Holzscheiter
Keyword(s):  
Social Policy ◽  
International Organizations ◽  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Thin Line ◽  
Rights Of The Child ◽  
Social Governance ◽  
History Of ◽  
Traditional Approaches

AbstractThis chapter locates children’s rights in the context of global social governance. Social policy literature has hitherto neglected the centrality of child protection and children’s rights to many key areas of social governance such as education and healthcare. The chapter traces the history of children’s rights as a distinct sphere in international law from the first recognition of the special status of children, to the adoption of the UN Convention on the Rights of the Child (UNCRC), to the growth of the contemporary complex International Organization (IO) landscape. Children’s rights enjoy growing visibility and relevance and continue to be a cross-cutting issue in international organizations of all kinds, making them a central dimension of global social governance. Nonetheless, the chapter highlights that the growth of the children’s rights agenda has not been without conflict. International norms and measures surrounding children’s rights continue to be challenged and questioned by scholars and practitioners alike. Furthermore, the analysis of children’s rights provides opportunities to reconsider traditional approaches to global social policy.

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.

Children and Sport

2021 ◽  
Keyword(s):  
Young People ◽  
Child Protection ◽  
Local Level ◽  
Children's Rights ◽  
Children’S Rights ◽  
Sporting Events ◽  
International Treaty ◽  
Children And Young People ◽  
Rights Of The Child ◽  
The World

Children and young people become involved in the world of sport at a variety of different levels ranging from local level grassroots clubs to national championships to international mega sporting events. Within each of these contexts, given that such events can be specific to children and young people, one would be forgiven for assuming that children’s rights and child protection concerns have traditionally been at the forefront of all sporting initiatives for children. The UN Convention on the Rights of the Child 1989 (CRC), the most highly ratified international treaty worldwide, promotes and protects both the civil and political rights of children as well as their economic, social, and cultural rights. The holistic protection provided by this international treaty means that it applies to all domains of children’s lives including the world of sport. Furthermore, while sport does not receive specific mention in the CRC, reference is made to the right to play under Article 31 CRC and sport has been viewed as a means of achieving this right. The importance of ensuring that children’s rights are protected in the world of sport is evident from the work of the United Nations International Children’s Emergency Fund (UNICEF), which is one of the few organizations to explicitly address this issue with the publication of the Children’s Rights in Sport Principles. To date, general academic literature using both qualitative and quantitative methodologies has laid bare the reality which is that while there is an awareness of the need to both protect children and promote their rights in sport, there is a clear absence of uniform and consistent approaches as well as standard regulation at all levels. This is evident from existing general literature in the field, from a wide variety of disciplines, which tends to be specific to particular jurisdictions and focuses on issues specific to that jurisdiction.

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