Pub Date : 2021-02-12DOI: 10.1163/15718182-29010003
N. Peleg
{"title":"Lydia Bracken, Same-Sex Parenting and the Best Interests Principle","authors":"N. Peleg","doi":"10.1163/15718182-29010003","DOIUrl":"https://doi.org/10.1163/15718182-29010003","url":null,"abstract":"","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47526908","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 : 2021-02-12DOI: 10.1163/15718182-29010007
A. S. Musiwa
Against the context of limited research in Zimbabwe on rights-focused child poverty research, policy and practice, this study employs the Bristol Approach to measure the extent and relationship with gender and location, respectively, of child poverty among children aged five years and below (N = 6418). Using Zimbabwe’s 2015 Demographic and Health Survey secondary data, 14 selected measures are tested for validity, reliability and additivity. Severe deprivation estimates are developed, showing the commonest deprivation forms as early childhood development (78 per cent), water (46 per cent), healthcare (44 per cent), sanitation (40 per cent), shelter (30 per cent) and nutrition (13 per cent). While boys and girls are similarly severely deprived, children in rural areas are the most severely deprived. While all deprivations are non-significantly correlated with gender, most are significantly correlated with location. Overall, the study highlights the extreme nature of child rights violations caused by poverty in Zimbabwe, and how rights-based child poverty measurement can better inform policy and practice responses.
{"title":"A Rights-Based Approach to Child Poverty Measurement and Child Rights Realisation in Zimbabwe","authors":"A. S. Musiwa","doi":"10.1163/15718182-29010007","DOIUrl":"https://doi.org/10.1163/15718182-29010007","url":null,"abstract":"\u0000Against the context of limited research in Zimbabwe on rights-focused child poverty research, policy and practice, this study employs the Bristol Approach to measure the extent and relationship with gender and location, respectively, of child poverty among children aged five years and below (N = 6418). Using Zimbabwe’s 2015 Demographic and Health Survey secondary data, 14 selected measures are tested for validity, reliability and additivity. Severe deprivation estimates are developed, showing the commonest deprivation forms as early childhood development (78 per cent), water (46 per cent), healthcare (44 per cent), sanitation (40 per cent), shelter (30 per cent) and nutrition (13 per cent). While boys and girls are similarly severely deprived, children in rural areas are the most severely deprived. While all deprivations are non-significantly correlated with gender, most are significantly correlated with location. Overall, the study highlights the extreme nature of child rights violations caused by poverty in Zimbabwe, and how rights-based child poverty measurement can better inform policy and practice responses.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43229452","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 : 2021-02-12DOI: 10.1163/15718182-29010006
N. Kravchuk
Legal regulations codifying the privacy rights of children in digital contexts, both at national and international levels, are fragmentary. Existing norms primarily address issues related to child safety as well as data processing, but not the protection of his/her dignity and reputation. At the same time, the Internet Communications and Technology-related (ict) activities of parents, who are traditionally considered to be the primary defenders of their children’s rights but presently are the main contributors to the public image of their child, may endanger child privacy. To address the threat that “sharenting” creates, the privacy of the child should be considered not only as a right, but also in “the best interests of the child”. This conceptualisation of rights as argued, would allow for a greater degree of privacy protection as it requires authorities to take it into consideration, ‘in all actions concerning children’, and will guarantee that they allocate to it the proper weight, while balancing it with the rights of others.
{"title":"Privacy as a New Component of “The Best Interests of the Child” in the New Digital Environment","authors":"N. Kravchuk","doi":"10.1163/15718182-29010006","DOIUrl":"https://doi.org/10.1163/15718182-29010006","url":null,"abstract":"\u0000Legal regulations codifying the privacy rights of children in digital contexts, both at national and international levels, are fragmentary. Existing norms primarily address issues related to child safety as well as data processing, but not the protection of his/her dignity and reputation. At the same time, the Internet Communications and Technology-related (ict) activities of parents, who are traditionally considered to be the primary defenders of their children’s rights but presently are the main contributors to the public image of their child, may endanger child privacy. To address the threat that “sharenting” creates, the privacy of the child should be considered not only as a right, but also in “the best interests of the child”. This conceptualisation of rights as argued, would allow for a greater degree of privacy protection as it requires authorities to take it into consideration, ‘in all actions concerning children’, and will guarantee that they allocate to it the proper weight, while balancing it with the rights of others.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45550173","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 : 2021-02-12DOI: 10.1163/15718182-29010005
Iselin Huseby-Lie, Øystein Sivertsen Sørvig, R. Dybdahl
This study aims systematically to review the knowledge base of the factors associated with missing birth records in sub-Saharan Africa in terms of both possible explanations and possible consequences. Although all children have the right to be registered, millions of children worldwide remain unregistered or lack birth certificates. The results of this study indicate that the main explanations in the research field for why children are not registered are low education among parents, belonging to a family that lives in a rural area, and weaknesses in the system of registration. Although this study finds insufficient empirical research on the consequences of children being unregistered, the main consequences include limited opportunities for community development, limited access to education, and limited access to health care. This study discusses the findings and their implications from a human rights perspective and suggests possible interventions to bring about change.
{"title":"Unregistered Children: a Systematic Literature Review of Explanations and Consequences Associated with Failure to Fulfil Children’s Right to Registration","authors":"Iselin Huseby-Lie, Øystein Sivertsen Sørvig, R. Dybdahl","doi":"10.1163/15718182-29010005","DOIUrl":"https://doi.org/10.1163/15718182-29010005","url":null,"abstract":"\u0000This study aims systematically to review the knowledge base of the factors associated with missing birth records in sub-Saharan Africa in terms of both possible explanations and possible consequences. Although all children have the right to be registered, millions of children worldwide remain unregistered or lack birth certificates. The results of this study indicate that the main explanations in the research field for why children are not registered are low education among parents, belonging to a family that lives in a rural area, and weaknesses in the system of registration. Although this study finds insufficient empirical research on the consequences of children being unregistered, the main consequences include limited opportunities for community development, limited access to education, and limited access to health care. This study discusses the findings and their implications from a human rights perspective and suggests possible interventions to bring about change.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45767380","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 : 2021-02-12DOI: 10.1163/15718182-29010002
Manfred Liebel
{"title":"Ingo Richter, Lothar Krappmann and Friederike Wapler (eds.), Kinderrechte. Handbuch des deutschen und internationalen Kinder-und Jugendrechts","authors":"Manfred Liebel","doi":"10.1163/15718182-29010002","DOIUrl":"https://doi.org/10.1163/15718182-29010002","url":null,"abstract":"","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49459172","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 : 2021-02-12DOI: 10.1163/15718182-29010001
J. Krutzinna
{"title":"Barbara Bennett Woodhouse, The Ecology of Childhood. How Our Changing World Threatens Children’s Rights","authors":"J. Krutzinna","doi":"10.1163/15718182-29010001","DOIUrl":"https://doi.org/10.1163/15718182-29010001","url":null,"abstract":"","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44580537","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 : 2021-01-07DOI: 10.1163/15718182-28040009
Susana Sanz-Caballero
This article analyses the interpretations made by two regional human rights courts regarding the best interests of the child. In cases of controversy, it is for the judges to decide how, or whether, the best interests of the child should be applied. Due to the dependence and vulnerability of children, judicial remedies are a critical form of redress when children’s rights are violated. This article analyses case law from two regional courts (the Inter-American Court of Human Rights (ICtHR) and the European Court of Human Rights (ECtHR)). The purpose of this analysis is twofold: first of all to see how the two courts interpret and apply the concept; and secondly, to ascertain whether there are similarities of interpretation or common grounds of understanding between the two courts, with particular regard to General Comment No. 14 (GC 14) of the United Nations Committee on the Rights of the Child on the right of the child to have their best interests taken as a primary consideration.
{"title":"Towards a Uniform and Informed Interpretation of the Best Interests of the Child by the Judiciary: Inter-American and European Jurisprudence","authors":"Susana Sanz-Caballero","doi":"10.1163/15718182-28040009","DOIUrl":"https://doi.org/10.1163/15718182-28040009","url":null,"abstract":"\u0000This article analyses the interpretations made by two regional human rights courts regarding the best interests of the child. In cases of controversy, it is for the judges to decide how, or whether, the best interests of the child should be applied. Due to the dependence and vulnerability of children, judicial remedies are a critical form of redress when children’s rights are violated. This article analyses case law from two regional courts (the Inter-American Court of Human Rights (ICtHR) and the European Court of Human Rights (ECtHR)). The purpose of this analysis is twofold: first of all to see how the two courts interpret and apply the concept; and secondly, to ascertain whether there are similarities of interpretation or common grounds of understanding between the two courts, with particular regard to General Comment No. 14 (GC 14) of the United Nations Committee on the Rights of the Child on the right of the child to have their best interests taken as a primary consideration.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2021-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45522477","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 : 2021-01-07DOI: 10.1163/15718182-28040010
Elizabeth Agnew
Drawing on key theoretical debates on childhood and youth sexuality in tandem with primary data, the article builds upon and advances existing narratives regarding the tensions surrounding gender, pressure and sexting behaviours among young people. Ultimately, the article illustrates a number of gendered pressures which exist when young people engage in sexting, including a prevailing culture of sexism and exposure to a very prevalent sexual double standard. The range and diversity of gendered pressures present thus raises important questions regarding “appropriate” interventions. Consequently, the author argues for a gender sensitive approach at both policy and practice level. In doing so, the article provides new insights on the complexity of gender roles and thus presents a more nuanced understanding of sexting among young people than previous narratives have suggested.
{"title":"Sexting among Young People: Towards a Gender Sensitive Approach","authors":"Elizabeth Agnew","doi":"10.1163/15718182-28040010","DOIUrl":"https://doi.org/10.1163/15718182-28040010","url":null,"abstract":"\u0000Drawing on key theoretical debates on childhood and youth sexuality in tandem with primary data, the article builds upon and advances existing narratives regarding the tensions surrounding gender, pressure and sexting behaviours among young people. Ultimately, the article illustrates a number of gendered pressures which exist when young people engage in sexting, including a prevailing culture of sexism and exposure to a very prevalent sexual double standard. The range and diversity of gendered pressures present thus raises important questions regarding “appropriate” interventions. Consequently, the author argues for a gender sensitive approach at both policy and practice level. In doing so, the article provides new insights on the complexity of gender roles and thus presents a more nuanced understanding of sexting among young people than previous narratives have suggested.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2021-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64430061","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 : 2021-01-07DOI: 10.1163/15718182-28040008
Lovise Grape, Renee Thørnblad, B. Handegård
Mediation is mandatory for all separating and divorcing parents in Norway with children under 16 years. The participation of children is voluntary. Living arrangement preferences presented by children attending child-inclusive family mediation in Norway (n = 346, aged 4–18 years) have been examined. 47.1 per cent of children gave a living arrangement preference, and older children were more likely to express a preference for living primarily with the mother compared to an equal time-sharing arrangement. Children very often gave reasoned explanations for their wishes. Children’s utilisation of the potential in their participation supports future inclusion of children in mediation processes. The best interests of the child needs to be examined on an individual basis as children present various preferences that is not in line with a presumption of fixed time-sharing following parental break-up.
{"title":"Children sharing Preferences on Contact and Residence Arrangements in Child-inclusive Family Mediation in Norway","authors":"Lovise Grape, Renee Thørnblad, B. Handegård","doi":"10.1163/15718182-28040008","DOIUrl":"https://doi.org/10.1163/15718182-28040008","url":null,"abstract":"\u0000Mediation is mandatory for all separating and divorcing parents in Norway with children under 16 years. The participation of children is voluntary. Living arrangement preferences presented by children attending child-inclusive family mediation in Norway (n = 346, aged 4–18 years) have been examined. 47.1 per cent of children gave a living arrangement preference, and older children were more likely to express a preference for living primarily with the mother compared to an equal time-sharing arrangement. Children very often gave reasoned explanations for their wishes. Children’s utilisation of the potential in their participation supports future inclusion of children in mediation processes. The best interests of the child needs to be examined on an individual basis as children present various preferences that is not in line with a presumption of fixed time-sharing following parental break-up.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2021-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64430006","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 : 2020-12-14DOI: 10.1163/15718182-28040004
Lara Walker
This article argues that the recovery of child support is a vital aspect of ensuring children’s socio-economic rights. The UK Government has a legal responsibility to assist parents to meet the needs of their children, whether by providing specialist support or through welfare payments. The Government cannot fulfil this responsibility by requiring parents to reach private agreements and failing to provide suitable additional support. The current law and policy focus purely on the duty to maintain. It is assumed that each parent has the responsibility to provide for their children, and there is no back up support under the Child Support Act where the parents are unable to do this. This fails to acknowledge and resolve wider social issues which are crucial to ensuring that child support is received, and children are not living in unnecessary poverty. The article argues that by taking this approach the Government is failing to fulfil its responsibility to protect children’s socio-economic rights. This article sets out a socio-economic rights framework for amending child support legislation and policy, highlighting the bare minimum Government obligations.
{"title":"Child Support and the Government’s Children’s Socio-economic Rights Obligations","authors":"Lara Walker","doi":"10.1163/15718182-28040004","DOIUrl":"https://doi.org/10.1163/15718182-28040004","url":null,"abstract":"\u0000This article argues that the recovery of child support is a vital aspect of ensuring children’s socio-economic rights. The UK Government has a legal responsibility to assist parents to meet the needs of their children, whether by providing specialist support or through welfare payments. The Government cannot fulfil this responsibility by requiring parents to reach private agreements and failing to provide suitable additional support. The current law and policy focus purely on the duty to maintain. It is assumed that each parent has the responsibility to provide for their children, and there is no back up support under the Child Support Act where the parents are unable to do this. This fails to acknowledge and resolve wider social issues which are crucial to ensuring that child support is received, and children are not living in unnecessary poverty. The article argues that by taking this approach the Government is failing to fulfil its responsibility to protect children’s socio-economic rights. This article sets out a socio-economic rights framework for amending child support legislation and policy, highlighting the bare minimum Government obligations.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48972059","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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