scholarly journals Exploring the Tension between the Rights of the Child and Parental Rights: Voices from Ghana

2021 ◽  
Author(s):  
Obed Adonteng-Kissi

The principle of “best interests of the child” is firmly established in legal jurisprudence and has taken a firm hold on several domestic and global instruments. Generally, the courts rely on this principle in many cases of child custody, child work, child labour, and compulsory education. The norm of best interests of the child seems to be placed at the core of international law in relation to children’s rights by Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC). Nevertheless, there is no one universal “best interests of the child” norm owing to cultural variations. In Ghana, this raises issues of conflicts between expectations in the rights and duties of the parent and the right of the child as expressed in the United Nations Convention on the Rights of the Child (UNCRC) and offers a genuine opportunity for reform. The United Nations Convention on the Rights of the Child (UNCRC) adopted the rights of the child that can be classified into three groups: protection rights, provision rights, and participation rights. It appears the best interests of the child is at the centre of international children’s rights law which is articulated through Article 3(1) of the UNCRC. Presently, the advocacy of a child’s right to welfare grounded on human dignity has generated the present discussion on the rights of the child. Article 18 of the UNCRC provides that parents have a shared and core responsibility for the nurturing of their children and that in undertaking their child upbringing responsibilities, appropriate support shall be offered to parents and legal guardians by State Parties. Usually, the variation between children’s rights and parental rights, nonetheless, is not acknowledged by the UNCRC. Furthermore, the UNCRC views children to be competent individuals who should be an essential component of decision-making on issues affecting them. The parent/child contrast demonstrates that there is the need for cooperation that protects the rights of the child, the parent and defines the role of the state. There is the need to explore the best legal and judicial processes for realising this cooperation.

2020 ◽  
pp. 002087282095185
Author(s):  
Hsin-Yi Chen ◽  
I-Chen Tang

The aim of this study was to investigate the perspectives of social workers in Taiwan on children’s rights. Among the 94 social workers who were interviewed, most were familiar with children’s rights terminology. From the results of this study, parental needs and the inability of young children to communicate effectively hindered the balance between protection of and participation by children. To better implement children’s rights, social workers should gain a deeper understanding of the United Nations Convention on the Rights of the Child (UNCRC) and develop skills for communicating well with children and parents.


Author(s):  
Марина Шелютто ◽  
Marina SHyelyutto

The adoption of the United Nations Convention on the Rights of the Child in 1989 meant the international recognition of children as autonomous right-holders. The Convention includes practically all traditional human rights: civil, political, economic, social and cultural rights, to which every child is entitled. The Report on the Protection of Children’s Rights: International Standards and Domestic Constitutions adopted by the Venice Commission in 2014 shows that national constitutions of some Council of Europe Member States have implemented the provisions of the Convention in different manner after its adoption. Some constitutions (the Russian Constitution is among them, too) reflect the traditional paternalistic approach (according to which children need protection) but not the rights-based approach. The inclusion in the Constitution of guarantees of rights for everyone may be insufficient to ensure respect for these rights for every child. The recommendations of the UN Committee on the Rights of the Child and the Venice Commission to include in national constitutions the key message that children are holders of human rights and the general principals of the Convention are topical for the Russian Federation.


PEDIATRICS ◽  
2003 ◽  
Vol 112 (Supplement_3) ◽  
pp. 742-745
Author(s):  
Jeffrey Goldhagen

The Issue. Disparities and inequities characterize the health and social well-being of children in the United States and the United Kingdom. Children’s rights and the United Nations Convention on the Rights of the Child are among the most powerful tools available to respond to and increase the relevance of pediatrics to contemporary disparities and determinants of child health outcomes. The articles of the convention establish the framework for a redefinition of what constitutes child health. The convention establishes a template for child advocacy, a matrix for establishing new approaches to health services, a curriculum for professional education, and a set of challenges for future child health outcomes and health systems research.


Author(s):  
Icarbord Tshabangu

This chapter posits a view that while adults' freedom and liberty is much talked about and advanced in almost every sphere of life, particularly in America, freedom and social justice for the young has lagged behind especially in schools. Violence within schools continues to manifest in various forms including the denial of opportunity for students to meaningfully participate in decisions that affect them. The chapter explored some critical theoretical perspectives to shed light on the depth of the crisis through the lens of the child and those advocating children's rights as enshrined in the United Nations Convention on the Rights of the Child. Theoretical narratives from Freire, Dahl, Foucault, Weber, Michels among others have been used to establish a deeper understanding. Despite being touted as the leader of the free world America still struggles to reconcile its liberal ideals with violence suffered in schools by some children.


2015 ◽  
Vol 52 (4) ◽  
pp. 470-496 ◽  
Author(s):  
Inger Eliasson

The purpose of this paper is to use the theoretical standpoint of sociology of childhood to enhance understanding about how children’s rights, as outlined by the United Nations Convention on the Rights of the Child, are experienced by child athletes and adult coaches in the context of sport clubs in Sweden. Data were gathered through semi-structured interviews with children and coaches in floorball and equestrian sports during the years 2011 and 2012. The results showed that neither child athletes nor adult coaches were aware that the United Nations Convention on the Rights of the Child has been incorporated into Swedish sport policy; they also lack knowledge of the convention’s content. After interviews about selected rights were conducted, it was evident that children and adults both considered the themes of those rights to be of utmost importance. However, they did not find the convention meaningful as a policy document, and no systematic, deliberate or preventive work with regard to the rights of the child was experienced in the sport clubs. This paper discusses some challenges in the children’s sport context, including children’s rights, the social ordering of children and adults and the goal of making children’s sport a safe activity for children.


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