Pub Date : 2017-06-20DOI: 10.1163/15718182-02501005
M. Kalverboer, D. Beltman, Carla van Os, E. Zijlstra
The best interests of the child principle has a legal base in the United Nations Convention on the Rights of the Child. In 2013, the United Nations Committee on the Rights of the Child published guidelines on the implementation of the best interests of the child in General Comment No. 14. Together with the Best Interest of the Child Method, which is developed by Zijlstra et al. (2012), this framework offers a valuable tool for decision-making processes concerning children, in particular, in this review’s context, in migration procedures. In the assessment of the best interests of children who are forcibly migrated, special attention has to be given to risk factors associated with the different phases in the migration process that may harm their mental health, well-being and development. This requires knowledge based on academic studies and the involvement of professionals who have knowledge of children’s mental health and development.
{"title":"The Best Interests of the Child in Cases of Migration: Assessing and Determining the Best Interests of the Child in Migration Procedures","authors":"M. Kalverboer, D. Beltman, Carla van Os, E. Zijlstra","doi":"10.1163/15718182-02501005","DOIUrl":"https://doi.org/10.1163/15718182-02501005","url":null,"abstract":"The best interests of the child principle has a legal base in the United Nations Convention on the Rights of the Child. In 2013, the United Nations Committee on the Rights of the Child published guidelines on the implementation of the best interests of the child in General Comment No. 14. Together with the Best Interest of the Child Method, which is developed by Zijlstra et al. (2012), this framework offers a valuable tool for decision-making processes concerning children, in particular, in this review’s context, in migration procedures. In the assessment of the best interests of children who are forcibly migrated, special attention has to be given to risk factors associated with the different phases in the migration process that may harm their mental health, well-being and development. This requires knowledge based on academic studies and the involvement of professionals who have knowledge of children’s mental health and development.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02501005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64429191","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 : 2017-06-20DOI: 10.1163/15718182-02501007
Andrew Rowland, Felicity Gerry, Marcia Stanton
As at March 2016, 49 states had reformed their laws to clearly prohibit all corporal punishment of children (United Nations 1989) in all settings, including the home (Global Initiative to End All Corporal Punishment of Children, n.d.) By January 2017 this number had reached 52. As the trend moves towards abolition, it is not an acceptable position for the United Kingdom (UK), the United States of America (USA) and Australia (Poulsen, 2015) to remain missing from that list. Whilst they are, effectively, a child (a person aged under 18 years of age), is the only person in all three countries that it is legal to hit. This article seeks to restate arguments in this area in a simple way to restart the debate in a modern context where understanding of child abuse is perhaps more widespread than it ever was in the past. On 20 October 2014 a report, Living on a Railway Line, was launched in the UK to mark the 25th anniversary of the signing of the UN Convention on the Rights of the Child, which took place on 20 November 1989 (Rowland, 2014). It recommended removing the defence of reasonable chastisement in relation to the punishment of children. This article seeks to build on that agenda in a comparative context taking a three way perspective from the UK, the USA and Australia. It concludes that moves to prevent family violence are progressive but the position of a society where physical punishment of children is permitted yet child abuse is forbidden is not a tenable one. Reducing the number of cases of child abuse must begin with a clear message from society that physical punishment of children, whatever the circumstances, is unacceptable. The situation is serious enough to introduce aspirational legislation to remove justifications for physical punishment of children with the aim of modifying behaviour within society.
{"title":"Physical Punishment of Children: Time to End the Defence of Reasonable Chastisement in the UK, USA and Australia","authors":"Andrew Rowland, Felicity Gerry, Marcia Stanton","doi":"10.1163/15718182-02501007","DOIUrl":"https://doi.org/10.1163/15718182-02501007","url":null,"abstract":"As at March 2016, 49 states had reformed their laws to clearly prohibit all corporal punishment of children (United Nations 1989) in all settings, including the home (Global Initiative to End All Corporal Punishment of Children, n.d.) By January 2017 this number had reached 52. As the trend moves towards abolition, it is not an acceptable position for the United Kingdom (UK), the United States of America (USA) and Australia (Poulsen, 2015) to remain missing from that list. Whilst they are, effectively, a child (a person aged under 18 years of age), is the only person in all three countries that it is legal to hit. This article seeks to restate arguments in this area in a simple way to restart the debate in a modern context where understanding of child abuse is perhaps more widespread than it ever was in the past. On 20 October 2014 a report, Living on a Railway Line, was launched in the UK to mark the 25th anniversary of the signing of the UN Convention on the Rights of the Child, which took place on 20 November 1989 (Rowland, 2014). It recommended removing the defence of reasonable chastisement in relation to the punishment of children. This article seeks to build on that agenda in a comparative context taking a three way perspective from the UK, the USA and Australia. It concludes that moves to prevent family violence are progressive but the position of a society where physical punishment of children is permitted yet child abuse is forbidden is not a tenable one. Reducing the number of cases of child abuse must begin with a clear message from society that physical punishment of children, whatever the circumstances, is unacceptable. The situation is serious enough to introduce aspirational legislation to remove justifications for physical punishment of children with the aim of modifying behaviour within society.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02501007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48407209","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 : 2016-12-20DOI: 10.1163/15718182-02404008
M. Couzens
Romania has been a party to the UN Convention on the Rights of the Child ( CRC ), 1989, since 1990, and since then the CRC is directly applicable by the courts and other state bodies. For a long time the country struggled to provide adequate protection for the rights of children. Well-known systemic problems affecting Romanian children were institutionalisation, inter-country adoptions, an inadequate child justice system, poverty, and discrimination, to name but a few. This article examines the application of the CRC by the courts, and the impact which this has had on the protection of children’s rights in Romania. The selected constitutional and judicial (i.e. ordinary courts) jurisprudence examined in the article shows that courts have only marginally provided impetus for systemic change, but have, however, contributed to the protection of individual rights. A few potential causes for this state of affairs – divided into factors relating to the justice system in Romania and CRC -related factors – are discussed.
{"title":"Romanian Courts and the UN Convention on the Rights of the Child: A Case Study","authors":"M. Couzens","doi":"10.1163/15718182-02404008","DOIUrl":"https://doi.org/10.1163/15718182-02404008","url":null,"abstract":"Romania has been a party to the UN Convention on the Rights of the Child ( CRC ), 1989, since 1990, and since then the CRC is directly applicable by the courts and other state bodies. For a long time the country struggled to provide adequate protection for the rights of children. Well-known systemic problems affecting Romanian children were institutionalisation, inter-country adoptions, an inadequate child justice system, poverty, and discrimination, to name but a few. This article examines the application of the CRC by the courts, and the impact which this has had on the protection of children’s rights in Romania. The selected constitutional and judicial (i.e. ordinary courts) jurisprudence examined in the article shows that courts have only marginally provided impetus for systemic change, but have, however, contributed to the protection of individual rights. A few potential causes for this state of affairs – divided into factors relating to the justice system in Romania and CRC -related factors – are discussed.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02404008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64428737","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 : 2016-12-20DOI: 10.1163/15718182-02404007
Tova Höjdestrand
Since the mid-2000s, Russia has increased its efforts to strengthen the legal rights of children and to improve the systems of social assistance to vulnerable families in in line with the UN Convention of the Rights of the Child. The reform drive has met fierce resistance by a grassroots mobilization in defence of ‘traditional Russian family values’. Child rights are conceived of as weapons in a Western moral war against Russia, but simultaneously, the popular appeal of the campaign stems from a profound distrust in Russian state administrators, who purportedly use the CRC for personal gain. This paper suggests that this disbelief makes the protesters locate notions of citizenship primarily to the intimate social sphere, prioritizing ‘parental rights’ rather than ‘civil rights’ defined by the state-citizen relationship. It is also suggested that the confidence of citizens in their own state administration must be considered if the Convention is to be successfully implemented. (Less)
{"title":"Social Welfare or Moral Warfare?: Popular Resistance against Children’s Rights and Juvenile Justice in Contemporary Russia","authors":"Tova Höjdestrand","doi":"10.1163/15718182-02404007","DOIUrl":"https://doi.org/10.1163/15718182-02404007","url":null,"abstract":"Since the mid-2000s, Russia has increased its efforts to strengthen the legal rights of children and to improve the systems of social assistance to vulnerable families in in line with the UN Convention of the Rights of the Child. The reform drive has met fierce resistance by a grassroots mobilization in defence of ‘traditional Russian family values’. Child rights are conceived of as weapons in a Western moral war against Russia, but simultaneously, the popular appeal of the campaign stems from a profound distrust in Russian state administrators, who purportedly use the CRC for personal gain. This paper suggests that this disbelief makes the protesters locate notions of citizenship primarily to the intimate social sphere, prioritizing ‘parental rights’ rather than ‘civil rights’ defined by the state-citizen relationship. It is also suggested that the confidence of citizens in their own state administration must be considered if the Convention is to be successfully implemented. (Less)","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02404007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64428639","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 : 2016-12-20DOI: 10.1163/15718182-02404010
P. Alderson
{"title":"Children’s Rights and Violence","authors":"P. Alderson","doi":"10.1163/15718182-02404010","DOIUrl":"https://doi.org/10.1163/15718182-02404010","url":null,"abstract":"","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02404010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64429119","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 : 2016-12-20DOI: 10.1163/15718182-02404011
R. Huijsmans
Book review of: __S. Balagopalan__ _Inhabiting ‘Childhood’: Children, labour and schooling in postcolonial India_, Basingstoke and New York, Palgrave Macmillan, 2014, p. 237. isbn 978-0-230-29642-8 (hardcover)/isbn 978-1-137-31679-0 (eBook). $110 (hardcover)/$79.99 (eBook). __H. Morrison__ _Childhood and Colonial Modernity in Egypt_, Basingstoke and New York, Palgrave Macmillan, 2015, p. 176. isbn 978-1-137-43277-3 (hardcover)/isbn 978-1-137-43278-0 (eBook). $74.99 (hardcover)/ $62.99 (eBook).
{"title":"Decentring the History of the Idea of Children's Rights","authors":"R. Huijsmans","doi":"10.1163/15718182-02404011","DOIUrl":"https://doi.org/10.1163/15718182-02404011","url":null,"abstract":"Book review of: \u0000__S. Balagopalan__ \u0000_Inhabiting ‘Childhood’: Children, labour and schooling in postcolonial India_, Basingstoke and New York, Palgrave Macmillan, 2014, p. 237. isbn 978-0-230-29642-8 (hardcover)/isbn 978-1-137-31679-0 (eBook). $110 (hardcover)/$79.99 (eBook). \u0000 \u0000__H. Morrison__ \u0000_Childhood and Colonial Modernity in Egypt_, Basingstoke and New York, Palgrave Macmillan, 2015, p. 176. isbn 978-1-137-43277-3 (hardcover)/isbn 978-1-137-43278-0 (eBook). $74.99 (hardcover)/ $62.99 (eBook).","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02404011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64429220","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 : 2016-12-20DOI: 10.1163/15718182-02404012
H. Stalford
{"title":"Sources on eu Children’s Rights","authors":"H. Stalford","doi":"10.1163/15718182-02404012","DOIUrl":"https://doi.org/10.1163/15718182-02404012","url":null,"abstract":"","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02404012","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64429313","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 : 2016-12-20DOI: 10.1163/15718182-02404009
Terry B. Northcut, Daniel Hailu
Ethiopia is in an early phase of development of formal psychosocial support for children and families. Examining the historical, political and economic factors affecting the current landscape of social work services in Ethiopia show that there are a number of factors influencing risks and vulnerabilities of children and families. Each of these vulnerabilities will be discussed briefly as they relate to the methods of service being provided currently. In addition, this paper reviews the current status of service providers, the gaps in the provision of services, and considers recommendations for the profession of social work seeking to meet these needs to ensure the protection of human rights for women and their children.
{"title":"Emerging Challenges in Psychosocial Support for Children and their Families in Ethiopia: Implications for Social Work","authors":"Terry B. Northcut, Daniel Hailu","doi":"10.1163/15718182-02404009","DOIUrl":"https://doi.org/10.1163/15718182-02404009","url":null,"abstract":"Ethiopia is in an early phase of development of formal psychosocial support for children and families. Examining the historical, political and economic factors affecting the current landscape of social work services in Ethiopia show that there are a number of factors influencing risks and vulnerabilities of children and families. Each of these vulnerabilities will be discussed briefly as they relate to the methods of service being provided currently. In addition, this paper reviews the current status of service providers, the gaps in the provision of services, and considers recommendations for the profession of social work seeking to meet these needs to ensure the protection of human rights for women and their children.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02404009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64429541","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 : 2016-12-20DOI: 10.1163/15718182-02404002
Fiona Broughton
This article examines the position of the UN Convention on the Right of the Child with regard to pre-natal children in light of the 2016 Concluding Observations of the Committee on the Rights of the Child. These Observations of the Committee recommend that Ireland, as well as and other State parties to the Convention, decriminalise abortion in all circumstances. The article analyses the possible remit of the Convention to apply to pre-natal children and concludes that the Committee deviates from the Convention’s ethos of inclusive human rights and is overstepping the mark in imposing its abortion belief system on States parties to the Convention.
{"title":"Overstepping the Mark","authors":"Fiona Broughton","doi":"10.1163/15718182-02404002","DOIUrl":"https://doi.org/10.1163/15718182-02404002","url":null,"abstract":"This article examines the position of the UN Convention on the Right of the Child with regard to pre-natal children in light of the 2016 Concluding Observations of the Committee on the Rights of the Child. These Observations of the Committee recommend that Ireland, as well as and other State parties to the Convention, decriminalise abortion in all circumstances. The article analyses the possible remit of the Convention to apply to pre-natal children and concludes that the Committee deviates from the Convention’s ethos of inclusive human rights and is overstepping the mark in imposing its abortion belief system on States parties to the Convention.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02404002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64428866","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 : 2016-12-20DOI: 10.1163/15718182-02404006
E. V. Daalen, Karl Hanson, O. Nieuwenhuys
In this article we propose the notion of living rights to highlight that children, whilst making use of notions of rights, shape what these rights are, and become, in the social world. Emphasising children’s agency in living with and through their rights facilitates empirical enquiry, and moves the vectors of the debate on what children’s rights are to the interplay between how children understand their rights and the way others translate and make use of rights claims on children’s behalf. The argument builds upon a case study in Yogyakarta, Indonesia, where street children, claiming the right to safely live and work on the streets, were involved in a successful campaign against an anti-vagrancy draft law. However, the subsequent new legislation – although in line with international children’s rights standards – ignored their claims and offers little for those street children who do not want to be “rescued”.
{"title":"Children’s Rights as Living Rights: The Case of Street Children and a new Law in Yogyakarta, Indonesia","authors":"E. V. Daalen, Karl Hanson, O. Nieuwenhuys","doi":"10.1163/15718182-02404006","DOIUrl":"https://doi.org/10.1163/15718182-02404006","url":null,"abstract":"In this article we propose the notion of living rights to highlight that children, whilst making use of notions of rights, shape what these rights are, and become, in the social world. Emphasising children’s agency in living with and through their rights facilitates empirical enquiry, and moves the vectors of the debate on what children’s rights are to the interplay between how children understand their rights and the way others translate and make use of rights claims on children’s behalf. The argument builds upon a case study in Yogyakarta, Indonesia, where street children, claiming the right to safely live and work on the streets, were involved in a successful campaign against an anti-vagrancy draft law. However, the subsequent new legislation – although in line with international children’s rights standards – ignored their claims and offers little for those street children who do not want to be “rescued”.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02404006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64429025","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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