Pub Date : 2021-12-06DOI: 10.5772/intechopen.96736
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.
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Pub Date : 2021-06-07DOI: 10.5772/INTECHOPEN.97048
M. B. Nawaila, Umar Mohammed Kani, Sezer Kanbul
The utilisation of digital devices and technologies is an integral part of children’s daily lives. Besides the multiple opportunities associated to online environment, like education entertainment and communication, it has also been associated with various risks like grooming and cyber bullying. It is therefore important to assess the level of risk, mediation and digital literacy among children as they form the most vulnerable part of the society. We therefore in this chapter introduce a novel approach to analysing digital children’s right by viewing it from the human right perspectives, where we focus and extensively discuss on digital child rights as they relate to digital divide, technological access, gender issues, internet opportunities and risks, previous studies, policies and rights, frameworks as well as rights of children as a human right.
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Pub Date : 2021-03-04DOI: 10.5772/INTECHOPEN.95964
Deepak Basumatary
Literature has always portrayed the queer/disabled people as the Other. People with disabilities and queer sexualities are generally subject of ridicule and abuse. Historically literature has aided in the social constructionism of disability phenomena in the society by depicting the disabled as something nocuous and undesirable. Furthermore, traditional representations of queer and/or disabled existence have always been biased and are usually about how the ‘able-bodied’ or the so-called ‘normal’ people perceive people with diverse forms of the body and queer sexualities. Yet it has been conspicuously silent as regards the plight of the people with disabilities and queer sexualities. However, in a departure from traditional representations of queer and/or disabled existence, Firdaus Kanga presents a first-hand account of the lived experiences of his precarious life in the Indian socio-cultural context and beyond. He has to his credit a series of critically acclaimed books such as Trying to Grow (1990), Heaven on Wheels (1991), The Godmen (1995), and The Surprise Ending (1996). As a severely disabled individual suffering from a crippling disease called Osteogenesis Imperfecta (brittle bones disease) Trying to Grow (1990), a semi-autobiographical novel, is a narrative of his lived experiences of disability and tryst with queer sexuality. While his other work, Heaven on Wheels (1991) is a discourse on queer sexuality and disability from the perspective of queer and disabled existence. Kanga critiques the ableist society’s treatment of the queer and the disabled which is tantamount to Human Rights abuse.
{"title":"Queer/Disabled Existence: Human Rights of People with Disability","authors":"Deepak Basumatary","doi":"10.5772/INTECHOPEN.95964","DOIUrl":"https://doi.org/10.5772/INTECHOPEN.95964","url":null,"abstract":"Literature has always portrayed the queer/disabled people as the Other. People with disabilities and queer sexualities are generally subject of ridicule and abuse. Historically literature has aided in the social constructionism of disability phenomena in the society by depicting the disabled as something nocuous and undesirable. Furthermore, traditional representations of queer and/or disabled existence have always been biased and are usually about how the ‘able-bodied’ or the so-called ‘normal’ people perceive people with diverse forms of the body and queer sexualities. Yet it has been conspicuously silent as regards the plight of the people with disabilities and queer sexualities. However, in a departure from traditional representations of queer and/or disabled existence, Firdaus Kanga presents a first-hand account of the lived experiences of his precarious life in the Indian socio-cultural context and beyond. He has to his credit a series of critically acclaimed books such as Trying to Grow (1990), Heaven on Wheels (1991), The Godmen (1995), and The Surprise Ending (1996). As a severely disabled individual suffering from a crippling disease called Osteogenesis Imperfecta (brittle bones disease) Trying to Grow (1990), a semi-autobiographical novel, is a narrative of his lived experiences of disability and tryst with queer sexuality. While his other work, Heaven on Wheels (1991) is a discourse on queer sexuality and disability from the perspective of queer and disabled existence. Kanga critiques the ableist society’s treatment of the queer and the disabled which is tantamount to Human Rights abuse.","PeriodicalId":224221,"journal":{"name":"Human Rights Matters [Working Title]","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115454680","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 : 2021-03-02DOI: 10.5772/INTECHOPEN.96014
Chris Jones
In South Africa, the death penalty has been repealed just after the arrival of democracy in 1994. At present, due to numerous daily murders, especially farm murders, this issue is being debated once again seriously – by ordinary citizens, politicians, theologians, and others. In the media, in particular, it gets a lot of attention and in view of the extent of violent crime in our country, the reinstatement of the death penalty is again supported by many. The death penalty as such will always be contentious because it is about the reasoned termination of someone’s life – which is a radical act. Between 2009 and 2013 I did research on the death penalty in South African prisons (the first of its kind as far as we could determine), in all 9 our country’s provinces. The content of this study, gathered from 467 convicted murderers, and several other core aspects of why the reinstatement of the death penalty particularly in South Africa, should not be an option, will be discussed with reference to supporting international and authoritative research.
{"title":"Death Penalty: A Human Rights Issue for South Africa","authors":"Chris Jones","doi":"10.5772/INTECHOPEN.96014","DOIUrl":"https://doi.org/10.5772/INTECHOPEN.96014","url":null,"abstract":"In South Africa, the death penalty has been repealed just after the arrival of democracy in 1994. At present, due to numerous daily murders, especially farm murders, this issue is being debated once again seriously – by ordinary citizens, politicians, theologians, and others. In the media, in particular, it gets a lot of attention and in view of the extent of violent crime in our country, the reinstatement of the death penalty is again supported by many. The death penalty as such will always be contentious because it is about the reasoned termination of someone’s life – which is a radical act. Between 2009 and 2013 I did research on the death penalty in South African prisons (the first of its kind as far as we could determine), in all 9 our country’s provinces. The content of this study, gathered from 467 convicted murderers, and several other core aspects of why the reinstatement of the death penalty particularly in South Africa, should not be an option, will be discussed with reference to supporting international and authoritative research.","PeriodicalId":224221,"journal":{"name":"Human Rights Matters [Working Title]","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121870618","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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