Pub Date : 2023-09-12DOI: 10.1163/15718182-31030012
Laura Lundy, Helen Stalford
{"title":"A Personal Tribute to Lindy Melman","authors":"Laura Lundy, Helen Stalford","doi":"10.1163/15718182-31030012","DOIUrl":"https://doi.org/10.1163/15718182-31030012","url":null,"abstract":"","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1163/15718182-31030010
Amy Hanna
{"title":"The Politics of Children’s Rights and Representation, edited by Bengt Sandin, Jonathan Josefsson, Karl Hanson and Sarada Balagopalan (2023)","authors":"Amy Hanna","doi":"10.1163/15718182-31030010","DOIUrl":"https://doi.org/10.1163/15718182-31030010","url":null,"abstract":"","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1163/15718182-31030002
Erica Burman
Abstract In this paper I discuss an approach I have termed, “Child as method”, which I suggest provides some useful perspectives on child rights debates and concerns, specifically in connecting these with the realm of the geopolitical and, beyond that, insisting on how such connections deepens understanding of their significance. Building on previous work examining the relations and “translation” processes between global and local in the (re)formulation and implementation of child rights instruments, a conceptualisation of geopolitical context is presented as constitutive of the range of theories and practices surrounding child rights, and vice versa. The feminist and postcolonial conceptual resources informing Child as method are outlined, with examples offered of specific projects that have used this in child rights-related work. It is suggested that, far from diminishing the relevance and utility of Child as method, the non-child-centred assumptions underlying this approach might helpfully promote ways of working with and for children and young people, based on solidarity rather than, for example, the discretionary humanism structured within prevailing notions of recognition or identification.
{"title":"Child as Method as an Intersectional Frame for Conceptualising the Geopolitics of Child Rights","authors":"Erica Burman","doi":"10.1163/15718182-31030002","DOIUrl":"https://doi.org/10.1163/15718182-31030002","url":null,"abstract":"Abstract In this paper I discuss an approach I have termed, “Child as method”, which I suggest provides some useful perspectives on child rights debates and concerns, specifically in connecting these with the realm of the geopolitical and, beyond that, insisting on how such connections deepens understanding of their significance. Building on previous work examining the relations and “translation” processes between global and local in the (re)formulation and implementation of child rights instruments, a conceptualisation of geopolitical context is presented as constitutive of the range of theories and practices surrounding child rights, and vice versa. The feminist and postcolonial conceptual resources informing Child as method are outlined, with examples offered of specific projects that have used this in child rights-related work. It is suggested that, far from diminishing the relevance and utility of Child as method, the non-child-centred assumptions underlying this approach might helpfully promote ways of working with and for children and young people, based on solidarity rather than, for example, the discretionary humanism structured within prevailing notions of recognition or identification.","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1163/15718182-31030007
Monica Strømland, Marianne K. Bahus, Anders J.W. Andersen
Abstract The aim of this study was qualitatively to describe, explore and reflect upon young people’s experiences of being heard and to participate in decision-making processes made in their best interests when in contact with child welfare services ( cws ) in Norway. Despite children’s right to be heard according to national and international legislation, three out of nine interviewees expressed an overall experience of this when in contact with professionals. Positive experiences of being heard and experienced opportunities of participation formed a basis for personal well-being and trustful relations, whereas negative experiences were associated with mistrust and discontent. We analysed the interviews in light of child participation theory and the Capability Approach, using thematical content analysis. Based on our findings we suggest the Capability Approach in combination with theory of participation to operationalise children’s right to be heard.
{"title":"“What’s the Purpose of Having a Say If I Cannot Participate?”","authors":"Monica Strømland, Marianne K. Bahus, Anders J.W. Andersen","doi":"10.1163/15718182-31030007","DOIUrl":"https://doi.org/10.1163/15718182-31030007","url":null,"abstract":"Abstract The aim of this study was qualitatively to describe, explore and reflect upon young people’s experiences of being heard and to participate in decision-making processes made in their best interests when in contact with child welfare services ( cws ) in Norway. Despite children’s right to be heard according to national and international legislation, three out of nine interviewees expressed an overall experience of this when in contact with professionals. Positive experiences of being heard and experienced opportunities of participation formed a basis for personal well-being and trustful relations, whereas negative experiences were associated with mistrust and discontent. We analysed the interviews in light of child participation theory and the Capability Approach, using thematical content analysis. Based on our findings we suggest the Capability Approach in combination with theory of participation to operationalise children’s right to be heard.","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1163/15718182-31030006
Renée Nicole Souris
Abstract The international community first responded to child soldiering by embracing within law and policy a narrative that saw child soldiers largely as passive victims. Empirical work with child soldiers has since revealed a more complex picture of children’s agency and actual experiences. From this work, a more recent narrative – which I call the political actor narrative – has taken shape within scholarly work on child soldiers. While the former narrative may be wrong to universalise the condition of all child soldiers as passive victims, the latter narrative is limited in what it can tell us about how child soldiering affects moral character development. I argue that we have good reason to seek a more comprehensive narrative that mixes elements of the passive victim and political actor narratives into a new narrative that provides resources for character-based normative analysis, and I show how virtue ethics provides the conceptual resources to do this.
{"title":"Child Soldiers, Agency, and Aristotelian Virtue Ethics","authors":"Renée Nicole Souris","doi":"10.1163/15718182-31030006","DOIUrl":"https://doi.org/10.1163/15718182-31030006","url":null,"abstract":"Abstract The international community first responded to child soldiering by embracing within law and policy a narrative that saw child soldiers largely as passive victims. Empirical work with child soldiers has since revealed a more complex picture of children’s agency and actual experiences. From this work, a more recent narrative – which I call the political actor narrative – has taken shape within scholarly work on child soldiers. While the former narrative may be wrong to universalise the condition of all child soldiers as passive victims, the latter narrative is limited in what it can tell us about how child soldiering affects moral character development. I argue that we have good reason to seek a more comprehensive narrative that mixes elements of the passive victim and political actor narratives into a new narrative that provides resources for character-based normative analysis, and I show how virtue ethics provides the conceptual resources to do this.","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1163/15718182-31030009
Jaap E. Doek
{"title":"A Commentary on the United Nations Convention on the Rights of the Child – Optional Protocol 2 On the Sale of Children, Child Prostitution and Child Pornography, written by Sabine K. Witting (2022)","authors":"Jaap E. Doek","doi":"10.1163/15718182-31030009","DOIUrl":"https://doi.org/10.1163/15718182-31030009","url":null,"abstract":"","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1163/15718182-31030008
Sara Quarles van Ufford
Abstract Child participation is considered crucial for the authorities’ ability to protect children from violence – yet children’s actual participation is limited, and participation and protection rights under the UN Convention on the Rights of the Child are often understood as opposites. This article aims to explore children’s rights to participation and protection against violence in Swedish social services’ handling of violence against children. Child welfare reports, investigations and child social records, were analysed using quantitative content analysis and thematic analysis. Insufficient conditions for child participation and poor access to protection and support were indicated. Upon closer analysis of cases that did not lead to protection or support, different aspects of an overarching theme, The Protection Paradox, were identified, which meant protection against participation or unprotected autonomy.
{"title":"The Protection Paradox","authors":"Sara Quarles van Ufford","doi":"10.1163/15718182-31030008","DOIUrl":"https://doi.org/10.1163/15718182-31030008","url":null,"abstract":"Abstract Child participation is considered crucial for the authorities’ ability to protect children from violence – yet children’s actual participation is limited, and participation and protection rights under the UN Convention on the Rights of the Child are often understood as opposites. This article aims to explore children’s rights to participation and protection against violence in Swedish social services’ handling of violence against children. Child welfare reports, investigations and child social records, were analysed using quantitative content analysis and thematic analysis. Insufficient conditions for child participation and poor access to protection and support were indicated. Upon closer analysis of cases that did not lead to protection or support, different aspects of an overarching theme, The Protection Paradox, were identified, which meant protection against participation or unprotected autonomy.","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1163/15718182-31030003
Tapio Koivula
Abstract With the commonality of parental separation in Europe today, safeguarding the best interests of the child has become increasingly challenging. The potential of shared parenting to serve the best interests of the child and to safeguard parental rights post-separation have been drivers for its increased prominence in public discourse, and some European States have already adopted legislation to encourage or even set it as a preference over sole custody – a change that has doubtless been brought about by studies on child welfare and advocacy for parental equality. The aim of this article is to analyse the concept of shared parenting through the lens of European human rights law in order to discover how it is viewed in relation to the best interests of the child, and whether having legal measures in place to encourage it should be considered a component of the best interests of the child.
{"title":"Shared Parenting in Europe","authors":"Tapio Koivula","doi":"10.1163/15718182-31030003","DOIUrl":"https://doi.org/10.1163/15718182-31030003","url":null,"abstract":"Abstract With the commonality of parental separation in Europe today, safeguarding the best interests of the child has become increasingly challenging. The potential of shared parenting to serve the best interests of the child and to safeguard parental rights post-separation have been drivers for its increased prominence in public discourse, and some European States have already adopted legislation to encourage or even set it as a preference over sole custody – a change that has doubtless been brought about by studies on child welfare and advocacy for parental equality. The aim of this article is to analyse the concept of shared parenting through the lens of European human rights law in order to discover how it is viewed in relation to the best interests of the child, and whether having legal measures in place to encourage it should be considered a component of the best interests of the child.","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1163/15718182-31030011
{"title":"Recent Publications in the Field of Children’s Rights","authors":"","doi":"10.1163/15718182-31030011","DOIUrl":"https://doi.org/10.1163/15718182-31030011","url":null,"abstract":"","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-12DOI: 10.1163/15718182-31030005
Deborah W. Parkes
Abstract Based on a review of documents filed within Periodic Review processes under the Convention on the Rights of the Child, this article explores to what degree the UN Committee on the Rights of the Child and States Parties reflect on children living in Buddhist temples or monasteries as child monks. Documents for 12 countries with traditions of child Buddhist monks are examined: Bangladesh, Bhutan, Cambodia, China, India, Laos, Mongolia, Myanmar, Nepal, Sri Lanka, Thailand and Vietnam. Contextual factors that may influence whether attention is paid to these children are discussed. Recommendations for strengthening review processes are offered.
{"title":"What Periodic Reviews Under the Convention on the Rights of the Child Say About Child Buddhist Monks","authors":"Deborah W. Parkes","doi":"10.1163/15718182-31030005","DOIUrl":"https://doi.org/10.1163/15718182-31030005","url":null,"abstract":"Abstract Based on a review of documents filed within Periodic Review processes under the Convention on the Rights of the Child, this article explores to what degree the UN Committee on the Rights of the Child and States Parties reflect on children living in Buddhist temples or monasteries as child monks. Documents for 12 countries with traditions of child Buddhist monks are examined: Bangladesh, Bhutan, Cambodia, China, India, Laos, Mongolia, Myanmar, Nepal, Sri Lanka, Thailand and Vietnam. Contextual factors that may influence whether attention is paid to these children are discussed. Recommendations for strengthening review processes are offered.","PeriodicalId":180644,"journal":{"name":"The International Journal of Children's Rights","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135886567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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