The Child’s Right to Be Vaccinated

Vaccine hesitancy highlights a problem within current rights constructs under US law. Refusal to vaccinate is ineluctably cast as a contest between parental choice, to which the law traditionally defers, and state concerns for public safety and the individual welfare of children. But rarely is the discussion cast in terms of the child’s right to be vaccinated because our rights talk revolves around the capacity (or lack thereof) of the rights holder. If, however, we recast rights in terms of empowerment, then we can see that rights flow to the child, not because she has the requisite capacity but because she is less powerful. In this sense, rights exist for children because they are children. The authority of the state to mandate immunisation under US law also may be reconsidered because the state is acting to protect the rights of those less powerful – the children who cannot be vaccinated.

Leveraging City-level Climate Change Law and Policy for the Protection of Children

While climate change is a global challenge, its impact is generally felt in local communities, particularly cities. The impact of climate change in urban settings is exacerbated by the built environment, high energy usage, air pollution and urbanisation, among other factors. Due to urbanisation, more children will be born and raised, or migrate to live in cities. Children in cities are vulnerable to the impact of climate change due to their physiology and developmental needs. City authorities are expected to utilise their constitutional and legislative powers in climate governance to protect children from the impact of climate change. The central inquiry of this article is to explore how city-level climate law and policy protects children in the context of climate change. Using Kenya and South Africa, as key examples, it illustrates that cities have constitutional powers and legislative authority to plan, implement and govern in certain climate-related functional areas and that could be leveraged to ensure the protection of children. The discussion of cities, children’s rights and climate change governance has global significance given the trends of urban growth in the present and coming decade.

Children’s Rights in Secure Residential Youth Care in the Netherlands

This study examines the extent to which secure residential youth care in the Netherlands complies with children’s rights as laid down in the United Nations Convention on the Rights of the Child (uncrc) and the Dutch Youth Act. Residential group climate was measured with the Prison Group Climate Instrument (pgci), which assesses quality of group care from the perspective of the three basic needs for human self-determination: contact, autonomy and competence. Results indicate that children’s rights are a subsidiary issue in secure residential youth care in The Netherlands, because groups workers and staff have insufficient understanding of children’s rights and Dutch legislation on youth care. Dutch law allows secure facilities to make their own policy on youth care delivery, but it seems that policies are insufficiently explicit about children’s rights. Results of this study can be used to work on the fulfilment of children’s rights in secure residential youth care.

Roles, Responsibilities, and Rights: An Organisational Analysis of Provincial and Territorial Child and Youth Advocate Offices in Canada

Limited academic literature has explored the responsibilities of Provincial and Territorial Child and Youth Advocates in Canada. This paper analyses the responsibilities that constitute the role of Canadian Provincial and Territorial Child and Youth Advocates, as well as the forces that impact and shape these responsibilities. A total of 17 participants, including current and former members of the Canadian Council of Child and Youth Advocates (cccya) as well as their staff members are included in the study. Findings reveal that individual advocacy, systemic advocacy, investigations into critical injuries and child deaths, as well as educational outreach, constitute the primary responsibilities of the cccya. Additionally, at the provincial and territorial level, it is important for advocates to navigate the historical, cultural and political factors that inform discourses surrounding childhood as these factors impact the way advocacy is understood and carried out within these organisations.

Children’s Views on Children’s Rights: A Systematic Literature Review

Children’s rights are set out in the United Nations Convention on the Rights of the Child. This systematic literature review aimed to investigate children’s views of children’s rights, at a broad level. Nine papers were included, from a range of countries and contexts. They all accessed the views of children and young people (aged up to 18 years). A content analysis was carried out using a recursive process of hybrid aggregative-configurative synthesis, and themes within children’s views and factors that may affect these were identified. These were ‘awareness of rights’, ‘value placed on (importance of) rights’, ‘impact of having/not having rights fulfilled’, ‘realisation and respect of rights’, ‘equality of rights’, ‘identifying and categorising of rights’, and ‘factors that may affect children’s views’. These were developed into a progression of rights realisation and implications for practice and further research were considered.

Beyond the Life Sentence – A Children’s Rights Lens on Sentencing for Murder

Children around the world who have been found responsible for murder continue to be sentenced to indeterminate or long periods of detention. This is in contravention of children’s rights standards which urge a ban on the life sentence and require that detention is used only for the shortest appropriate period of time. Nonetheless, the public and victims of crime have a legitimate interest in the protection of public safety and appropriate accountability for serious offending. Further, there is little guidance on what a rights compliant approach in such cases might involve. This work builds on previous studies of how children are sentenced for murder across the common law world and extends the analysis to a selection of European civil law jurisdictions. It explores and applies recent updated guidance from the Committee on the Rights of the Child and seeks to develop a framework for a children’s rights and human rights compliant approach to such cases.

Welfare, Justice, and Diverse Models of Youth Justice: A Children’s Rights Analysis

While States have a legal obligation to ensure that uncrc rights are fully vindicated in youth justice systems, States’ responses to offending by children are often dictated by other concerns. The need to ensure accountability and the protection of society, and the need to ensure children are treated as children and with respect for their needs – epitomised by the “welfare/justice debate” – are often seen as contradictory goals, meaning that identifying an overall “model” of youth justice that will also ensure uncrc-compliance can be difficult. Derived from a comparative study of child rights compliance in the youth justice systems of Scotland, Ireland and New Zealand, this article poses the question whether the uncrc mandates a particular approach to youth justice. It examines the balance between welfare and justice concerns found within the text of the uncrc and reflects on what this means for the development of rights-compliant youth justice systems.