scholarly journals Giving voice to migrant children during reception and asylum procedures. Illustrations on the implementation of Art. 12 CRC in Greece and Belgium

2020 ◽  
Vol 18 (2) ◽  
pp. 1-23
Author(s):  
Ioannis Papadopoulos ◽  
Marijke Van Buggenhout
Keyword(s):  
Active Role ◽  
Migrant Children ◽  
Theoretical Concepts ◽  
Holistic Approaches ◽  
Rights Of The Child ◽  
Immigration Studies ◽  
And Migration ◽  
The Right ◽  
Migratory Pathway ◽  
Special Protection

According to a children’s rights’ approach, asylum-seeking children are entitled to special protection. However, reality dictates that as soon as they enter a host country irregularly, they are often criminalised, thus becoming part of the crimmigration debate and as a result they are further deprived of basic human rights including the right to be heard, as enshrined in the UN Convention on the Rights of the Child. This paper starts from a discussion on the fact that children on the migratory pathway need to be granted a central and active role in research, especially in times when new theoretical concepts in the field of juvenile justice and migration policing are introduced. We continue by delving into both an illustration from Greece and Belgium on how the right of the child to participate and to be heard is applied during reception and asylum procedures. We draw attention to the existing peculiarities of rights-based research methods in immigration studies, whilst arguing for holistic approaches that aim to move beyond the decorative concept of voicing children and towards a positive change concerning asylum processes for migrant minors.

scholarly journals El derecho del menor extranjero a ser escuchado y su interés superior en los procedimientos de repatriación | The Right of foreign child to be heard and the best interests of the child in the return process

2018 ◽  
pp. 1
Author(s):  
Elena Arce Jiménez
Keyword(s):  
Legal System ◽  
Migrant Children ◽  
Best Interests ◽  
Best Interest ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
The Right ◽  
Return Process ◽  
Children Rights

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.

scholarly journals Thirty Years of Research on Children’s Rights in the Context of Migration

2020 ◽  
Vol 28 (1) ◽  
pp. 36-65
Author(s):  
Ruth Brittle ◽  
Ellen Desmet
Keyword(s):  
Academic Research ◽  
Children's Rights ◽  
Migrant Children ◽  
Children’S Rights ◽  
Best Interests ◽  
Cultural Rights ◽  
Economic Migration ◽  
International Refugee Law ◽  
And Migration ◽  
The Right

This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration. However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.

Unaccompanied Afghan Minors’ Rights when Restrictive Transnational Migration Policies are in Force – The Case of Sweden

2020 ◽  
Vol 28 (4) ◽  
pp. 894-924
Author(s):  
Guadalupe Francia ◽  
Silvia Edling
Keyword(s):  
Discourse Analysis ◽  
Critical Discourse Analysis ◽  
National Level ◽  
Transnational Migration ◽  
Migrant Children ◽  
Critical Discourse ◽  
Migration Policies ◽  
Rights Of The Child ◽  
The Right ◽  
To Receive

Abstract This article highlights how migrant childrens’ rights to, and within, education can be negotiated at the national level. The aim is to underline and discuss the discourses that appear in selected Swedish legal and political documents relating to unaccompanied Afghan minors. Drawing on critical discourse analysis (cda), this research shows the co-existence of two different discourses on unaccompanied Afghan minors. The first discourse is based on the concept of unaccompanied Afghan minors as global rights holders and considers all children without exception as having the right to receive human assistance, education and appropriate protection against violence. The second discourse relates to the concept of unaccompanied Afghan minors as foreign citizens, which counteracts the work of Swedish authorities to deal with contradictions in policies assuring the rights of migrant children. This could also be a risk when the Convention on the Rights of the Child becomes Swedish law in 2020.

scholarly journals Silence please!

2015 ◽  
pp. 175-178
Author(s):  
Jane Maeve O'Sullivan
Keyword(s):  
United Nations ◽  
Active Role ◽  
Human Beings ◽  
Family Dinner ◽  
Rights Of The Child ◽  
Dinner Table ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

“Shut up and eat your dinner!” Given that I grew up in an era in which it was considered that children should be seen and not heard the preceding demands were not at all unusual and regularly demanded at our family dinner table. In the not-so-distant past children were viewed as empty vessels in need of being filled with knowledge and “manners”. Their role was not to question but to accept the guidance, wisdom and discipline of knowing adults. Our view of childhood, however, has evolved. Today we recognise that children play an active role in their own lives and development. Instead of viewing children as human becomings we recognise them as human beings, as citizens, and like all citizens, children hold rights. In 1992 Ireland ratified the United Nations Convention on the Rights of the Child (CRC). Amongst other rights, this treaty affords children the right to be heard. ...

Kebijakan Perlindungan Hukum Terhadap Anak Pelaku Tindak Pidana

2018 ◽  
Vol 17 (2) ◽  
Author(s):  
Endang Sutrisno ◽  
Yondri Yondri
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Legal Protection ◽  
Legal Action ◽  
Human Being ◽  
Child Rights ◽  
Rights Of The Child ◽  
The Subject ◽  
The Right ◽  
Special Protection

<p><em>The protection that has been imposed by law concerning the rights and obligations of human being as the subject of law in its interaction with other human being and its environment so that it can take legal action. Child protection in Law No. 35 of 2014 on Child Protection is defined as all activities for the protection and protection of children and the rights of children to live, grow, develop and properly in accordance with the dignity and dignity of humanity and get sanction from violence and </em><em>d</em><em>isk . This paper discusses the law of a child who is full of laws. The acquisition of the load contained in the content of positive legal legislation is the right of every child, the embodiment for the children, building justice in society, for the achievement of the rights of the child. Special protection of children who are full of law in the criminal law domain for children who are victims of criminal acts, flee and offenders.</em></p><p><strong><em>Keywords: </em></strong><em>Legal Protection, Child Rights<strong></strong></em></p>

The Politics of Repressed Guilt

2018 ◽  
Author(s):  
Claudia Leeb
Keyword(s):  
Historical Analysis ◽  
Political Life ◽  
Right Wing ◽  
National Socialist ◽  
Theoretical Concepts ◽  
Political Consequences ◽  
Critical Scholarship ◽  
Important Addition ◽  
Defensive Mechanisms ◽  
The Right

Through a critical appropriation of Hannah Arendt, and a more sympathetic engagement with Theodor W. Adorno and psychoanalysis, this book develops a new theoretical approach to understanding Austrians’ repression of their collaboration with National Socialist Germany. Drawing on original, extensive archival research, from court documents on Nazi perpetrators to public controversies on theater plays and museums, the book exposes the defensive mechanisms Austrians have used to repress individual and collective political guilt, which led to their failure to work through their past. It exposes the damaging psychological and political consequences such failure has had and continues to have for Austrian democracy today—such as the continuing electoral growth of the right-wing populist Freedom Party in Austria, which highlights the timeliness of the book. However, the theoretical concepts and practical suggestions the book introduces to counteract the repression of individual and collective political guilt are relevant beyond the Austrian context. It shows us that only when individuals and nations live up to guilt are they in a position to take responsibility for past crimes, show solidarity with the victims of crimes, and prevent the emergence of new crimes. Combining theoretical insights with historical analysis, The Politics of Repressed Guilt is an important addition to critical scholarship that explores the pathological implications of guilt repression for democratic political life.

AI and Migration Management

2020 ◽  
pp. 768-787
Author(s):  
Petra Molnar
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Forced Migration ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Privacy Rights ◽  
International Regulation ◽  
Development Technology ◽  
And Migration ◽  
The Right

This chapter focuses on how technologies used in the management of migration—such as automated decision-making in immigration and refugee applications and artificial intelligence (AI) lie detectors—impinge on human rights with little international regulation, arguing that this lack of regulation is deliberate, as states single out the migrant population as a viable testing ground for new technologies. Making migrants more trackable and intelligible justifies the use of more technology and data collection under the guide of national security, or even under tropes of humanitarianism and development. Technology is not inherently democratic, and human rights impacts are particularly important to consider in humanitarian and forced migration contexts. An international human rights law framework is particularly useful for codifying and recognizing potential harms, because technology and its development are inherently global and transnational. Ultimately, more oversight and issue specific accountability mechanisms are needed to safeguard fundamental rights of migrants, such as freedom from discrimination, privacy rights, and procedural justice safeguards, such as the right to a fair decision maker and the rights of appeal.

Economic and Social Rights, Budgets and the Convention on the Rights of the Child

2013 ◽  
Vol 21 (2) ◽  
pp. 248-277 ◽  
Author(s):  
Aoife Nolan
Keyword(s):  
Decision Making ◽  
Social Rights ◽  
Child Rights ◽  
Rights Of The Child ◽  
Budget Analysis ◽  
Key Issues ◽  
Significant Obstacle ◽  
The Right ◽  
The Relationship

Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.

Aspekty opiniowania lekarskiego w przypadku przemocy seksualnej wobec dzieci

2018 ◽  
Vol 21 (4) ◽  
Author(s):  
Jacek Boroch ◽  
Grażyna Jarząbek-Bielecka ◽  
Zuzanna Jarząbek ◽  
Małgorzata Mizgier ◽  
Elżbieta Sowińska-Przepiera ◽  
...  
Keyword(s):  
Sexual Violence ◽  
Sexual Pleasure ◽  
Psychosexual Development ◽  
Medical Opinion ◽  
Physical Trauma ◽  
Experienced Clinician ◽  
Rights Of The Child ◽  
Effects Of Sexual Abuse ◽  
The Right ◽  
First Time

The rights of a child stem from the dignity and uniqueness of a child as an individual and are entitled to every young human being. For the first time children's rights were included in the Geneva Declaration in 1924, and their full collection was enshrined in the Convention on the Rights of the Child prepared by the United Nations in 1989. A child has the right to live without violence. In addition to physical trauma, the effects of sexual abuse of a child disrupt normal psychosexual development. Bullying of children is also punished. The law allows gentle discipline only by parents. Mental bullying, so-called systematic harassment of the child, humiliation, ridicule or insult. Sexual violence is a particular issue here. Sexual violence is defined by WHO as an abuse of children for sexual pleasure by adults or elder peers. The article discusses some issues of medical opinion in the case of sexual violence against a child. This is especially difficult for a disabled child. The knowledge of an experienced clinician, yet without the knowledge about rules of jurisprudence and with shortcomings of basic legal knowledge, is not always enough for competent opinion-making.

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