scholarly journals Examining Relationships and Sex Education through a child rights lens: an intersectional approach

2021 ◽  
Author(s):  
Francesca Zanatta
Keyword(s):  
Human Rights ◽  
Data Analysis ◽  
Critical Pedagogy ◽  
Sex Education ◽  
Teaching And Learning ◽  
Queer Studies ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Rights ◽  
Novel Approaches

Inspired by Audrey Osler’s call for the development of novel approaches to intersectionality in human rights education praxis, this article presents an undergraduate module on Children’s Rights, examining processes of teaching and learning about rights through the topic of Relationships and Sex Education (RSE). The module, designed for future educators, intersects elements of children’s rights education with the theoretical positions of queer studies and critical pedagogy. Drawing on data from two focus groups, consisting of students following the programme, the author analyses students’ views and attitudes to RSE, using Foucault’s overarching concept of problematisation and the concept of sites of struggle. Data analysis reveals tensions and potential clashes between the students’ professional selves, their personal values, and elements of the theoretical framework adopted in the course. These tensions are nevertheless constructive, highlighting the potential of children’s rights education to contribute to transformative human development.

Conclusions

2020 ◽  
pp. 393-400
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
European Convention ◽  
Child Rights ◽  
Margin Of Appreciation ◽  
Participation Rights ◽  
Future Challenges ◽  
The Many

This chapter summarises how, as an instrument for the protection of children’s rights, the European Convention on Human Rights has come a long way from its limited beginnings in 1950, and the many achievements of the Court in enforcing and progressing children’s rights, both in terms of substantive rights and procedural safeguards. However, it also acknowledges the deficiencies of the Convention as a child rights instrument, noting in particular the lack of strong participation rights for children, the focus on ‘best interests’ rather than rights, and the emphasis placed on the margin of appreciation. Finally, the chapter outlines possible future challenges for children’s rights before the Court.

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.

scholarly journals Child rights governance: An introduction

Childhood ◽  
2019 ◽  
Vol 26 (3) ◽  
pp. 271-288 ◽  
Author(s):  
Anna Holzscheiter ◽  
Jonathan Josefsson ◽  
Bengt Sandin
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Children's Rights ◽  
Children’S Rights ◽  
Special Issue ◽  
Child Rights ◽  
Individual Contributions ◽  
The Individual

In this special issue, we explore child rights governance as the intersection between the study of governance and the study of children, childhood, and children’s rights. Our introduction puts forward a set of theoretical points of departure for the study of child rights governance, engaging with scholarship on human rights, international relations, history, and governance. It links the individual contributions to this special issue with four central dimensions of child rights governance, namely: temporality, spatiality, subjectivity, and normativity.

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.

Citizenship and Rights of Children

2020 ◽  
pp. 221-236
Author(s):  
David B. Thronson
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Critical Role ◽  
Forced Migration ◽  
Children's Rights ◽  
Children’S Rights ◽  
Central Factor ◽  
Family Unity

Citizenship plays a larger and more critical role in the life of children than it should. Children who lack citizenship are incredibly vulnerable to exploitation. In the migration context, a child’s citizenship can be largely determinative of where and with whom a child lives. Despite a modern children’s rights framework that recognizes the humanity and autonomy of children, citizenship and nationality still form an integral part of a child’s identity and play a critical role in a child’s development. It has a pervasive impact in securing other rights for children and can be a central factor in a child’s cultural and linguistic background, education, economic and environment exposures, and virtually all aspects of a child’s daily life. This chapter examines children’s right to citizenship and explores the ongoing crisis of statelessness that undermines these rights. It reviews the role that citizenship plays in both voluntary and forced migration of children, child-specific protections found in both universal and regional human rights frameworks, and the role of children’s citizenship in promoting family unity.

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.

The Interrelated and Interdependent Nature of Children’s Rights

2020 ◽  
pp. 69-98
Author(s):  
Savitri Goonesekere
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Ad Hoc ◽  
Holistic Approach ◽  
Children's Rights ◽  
Children’S Rights ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
Global Agenda

The chapter analyses children’s human rights as universal norms and standards incorporated in the UN Convention on the Rights of the Child (CRC) that are relevant in diverse national contexts. Discussing national experiences and the quasi-jurisprudence of treaty bodies, the chapter argues that understanding the interrelated nature of the different groups of rights in the CRC is essential for effective implementation of these rights. It is suggested that the concept of the indivisibility of human rights and the global agenda of sustainable development reinforce the need for this approach. The chapter also discusses the interdependence, compatibility, and conflict between children’s rights and the human rights of other groups, such as parents, women, and a community with which a child connects as he or she grows to adulthood. The chapter argues that incorporating children’s rights in national constitutions, rather than ad hoc legislation, encourages this holistic approach to implementing children’s rights.

Taking Children’s Human Rights Seriously

2020 ◽  
pp. 48-69
Author(s):  
Michael Freeman
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Popular Media ◽  
Children’S Rights ◽  
Ronald Dworkin ◽  
Philosophical Discussion ◽  
Persuasive Argument ◽  
The Law ◽  
Deficit View

Despite the development of the children’s rights movement, human rights scholarship continues to overlook the rights of children. Even those like Ronald Dworkin, who proclaim the need to take rights seriously, are curiously silent, even ambivalent, when it comes to children. This inattention often forces advocates of children’s rights to the margins of human rights scholarship. In the few places where serious philosophical discussion of children’s rights does take place, the analysis intends to diminish the value of rights for children. These critics are not malevolent, and typically want what is best for children, but they do not think it can be accomplished through a children’s rights agenda. This chapter lays out a persuasive argument for a children’s rights agenda, or, for taking children’s rights seriously. Drawing from philosophy, history, literature, popular media, and of course the law, this chapter argues against the conventional deficit view underlying most arguments against the recognition of children’s rights and makes a case for the importance of children’s rights where rights are the currency in use.

scholarly journals Children in Armed Conflict: A Human Rights Crisis in Somalia

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Salvador Santino Jr. Fulo Regilme ◽  
Elisabetta Spoldi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Children's Rights ◽  
Children’S Rights ◽  
Armed Groups ◽  
Public International Law ◽  
Rebel Groups ◽  
False Sense ◽  
Alternative Sources

Abstract Despite the consolidated body of public international law on children’s rights and armed conflict, why do armed rebel groups and state forces deploy children in armed conflict, particularly in Somalia? First, due to the lack of alternative sources of income and livelihood beyond armed conflict, children join the army due to coercive recruitment by commanders of armed groups. Their participation in armed conflict generates a fleeting and false sense of material security and belongingness in a group. Second, many Somali children were born in an environment of existential violence and material insecurity that normalized and routinized violence, thereby motivating them to view enlistment in armed conflict as morally permissible and necessary for existential survival.

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