scholarly journals A Call for implementing minimum age condition to protect young athletes‘ human rights

2021 ◽  
Vol 2021 (2) ◽  
Author(s):  
Buthaina Mohammed Al Kuwari ◽  
Geraldine Van Bueren
Keyword(s):  
At Risk ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Competitive Sports ◽  
Young Athletes ◽  
Intensive Training ◽  
Rights Of The Child ◽  
Elite Level ◽  
Minimum Age

Sport is considered a favorable activity for children. Through participating in sport, children can acquire several skills and develop character traits like cooperation, teamwork, resilience, and focus. Nevertheless, it has been argued that children’s rights might be violated in sport at an elite level, primarily due to the intensive training given at an early age. More specifically, it was reported that approximately 20 percent of children involved in competitive sports may be at risk of abuse, violence, or exploitation, while 10 percent may be at risk of extreme abuse. This paper focusses on the lack of international law provisions to protect children who participate in elite sports and hence argue for a more effective protection. This gives rise to the need for an enforcement mechanism in the International Convention on the Rights of the Child (CRC) specifically for elite-level sports. Thus, the international law could have a positive impact on domestic laws regarding young athletes in competitive sports. As a possible way through, this paper will examine the idea of imposing minimum age limit, including legal examples, as a potential solution to help protect children’s rights in sport.

scholarly journals Unchained freedom in cyberspace: a new danger for children’s rights

2020 ◽  
pp. 391-395
Author(s):  
Shahin Sabir Mammadrzali
Keyword(s):  
Moral Development ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Internet ◽  
State Control ◽  
Entertainment Education ◽  
Child Rights ◽  
Digital Rights ◽  
Rights Of The Child

The article is dedicated to the harm of cyberspace over children's digital rights in the Internet and introduces conclusions for better defeating digital violations. Digital violations against child rights exist in various forms. Although violation of children's digital rights is the reality of current life, still there is no unified and well-developed system of solutions to restrict freedom in cyberpace. Cyberspace opens new borders for entertainment, education, cultural and moral development of children. Yet, possible difficulties arise when it comes to suitable child rights. Children's digital rights is significantly more complex and multifaceted. Few norms in international law can be found for the regulation of cyberspace and the digital rights of children in this new medium. The content and scope of digital rights of children have not been defined yet. Thus, systemic international and national cyberspace mechanisms relating to the rights of the child should be created on the basis of state control.

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.

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.

scholarly journals Dzieciństwo, dziecko i jego dobro w perspektywie Korczakowskiej

2019 ◽  
Vol 46 (3) ◽  
pp. 7-15
Author(s):  
Małgorzata Turczyk ◽  
Justyna Kusztal
Keyword(s):  
International Law ◽  
Children's Rights ◽  
Political Life ◽  
Children’S Rights ◽  
Young Generation ◽  
Pedagogical Practice ◽  
Literature Analysis ◽  
Best Interest ◽  
Rights Of The Child ◽  
The World

This article is an attempt to specify the meanings of a child’s category, childhood and the best interest of the child made on the basis of analysis and interpretation of pedagogical thought of Janusz Korczak and literature analysis. The interpretations and references to Korczak’s thoughts have been there included. The research project were based on document content analysis. Korczak – the figure undoubtedly the foreground in Polish pedagogy and the world doctrine of children’s rights. It is his pedagogical practice and contemporary reception of his thoughts, made by educators and lawyers, that will become the basis for seeking the meanings of categories on which the modern doctrine of children’s rights and the system of their protection are built. As a result: the principle of the best interest of the child as a determinant of the pedagogical practice of Janusz Korczak has been normalized in the Convention on the Rights of the Child and other acts of Polish and international law. This category is interpreted dynamically in the context of changes in the discourses of a child and childhood functioning in social and political life, especially in the area of education and upbringing of the young generation. As a pedagogical category, it is visible in the reflection of many pedagogues as a central category, most often identified with the goal of all adult activities for the child.

scholarly journals A CRITICAL LEGAL ANALYSIS ON THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY IN THE NEW ISLAMIC PUNISHMENT ACT OF IRAN

2014 ◽  
Author(s):  
Jal Zabdi Mohd Yusoff ◽  
Shohreh Mousavi ◽  
Farah Nini Dusuki ◽  
Behnam Rastegari
Keyword(s):  
Criminal Responsibility ◽  
Final Analysis ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Legal Analysis ◽  
Rights Of The Child ◽  
Minimum Age ◽  
The Government ◽  
Emotional Immaturity

The provision for a minimum age of criminal responsibility (MACR) is stated in a number of international children’s rights instruments. The preamble of the United Nations Convention on the Rights of the Child (UNCRC) states that a child, by reason of his physical, mental and emotional immaturity is in need of special safeguards, care and assistance. Despite remarkable improvements in a number of provisions, an examination of the Iran’s laws and regulations reveal that the provision of MACR is currently in conflict with the international instruments particularly the UNCRC. This is despite the fact that Iran is a State Party of the UNCRC since. Furthermore, the Iranian Civil Code expressly provide that the government is to implement the UNCRC provisions as an international treaty. This article critically examines the position of the MACR and punishments of children in the new Islamic Punishment Act of Iran (2013) based on the four Islamic categories of punishments namely Hadd, Qisas, Diya and Ta’zir as enshrined in the new Act. The current article places emphasis on the examination of the issue of MACR in Iran and how effectively it is addressed by the new Act. The nature of this research is doctrinal by examining the new Act of Iran 2013 with a critical legal overview on the Articles relating to children and their impact on the rights of children. Furthermore, it compares the relevant Articles on MACR and punishments of the new Act with the previous abolished Act and the international standards. The purpose is to highlight both the limitations and advancements of the new Act. In the final analysis, this article concludes that despite the improvements in the field of children’s rights in the new Act, it still poses potential risks for the rights of the children in Iran.

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.

UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 14 (2) ◽  
pp. 109-120
Author(s):  
T N Sithole ◽  
Kgothatso B Shai
Keyword(s):  
South Africa ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Vulnerable Groups ◽  
Great Awareness ◽  
Policy Theory ◽  
Rights Of The Child ◽  
The Status ◽  
Customary Practices

Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.

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.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

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