Pub Date : 2020-12-14DOI: 10.1163/15718182-28040013
Christelle Molima
{"title":"Christelle Molima: Tabak Jana, The child and the world: child-soldiers and the claim for progress","authors":"Christelle Molima","doi":"10.1163/15718182-28040013","DOIUrl":"https://doi.org/10.1163/15718182-28040013","url":null,"abstract":"","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":"47028312","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 : 2020-08-24DOI: 10.1163/15718182-02803010
Manfred Liebel
{"title":"Children’s Lives in Southern Europe. Contemporary Challenges and Risks, edited by Lourdes Gaitán, Yannis Pechtelidis, Catarina Tomás and Natália Fernandes","authors":"Manfred Liebel","doi":"10.1163/15718182-02803010","DOIUrl":"https://doi.org/10.1163/15718182-02803010","url":null,"abstract":"","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2020-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02803010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43181105","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 : 2020-08-19DOI: 10.1163/15718182-28040001
Clarie Breen, J. Krutzinna, Katre Luhamaa, Marit Skivenes
This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.
{"title":"Family Life for Children in State Care","authors":"Clarie Breen, J. Krutzinna, Katre Luhamaa, Marit Skivenes","doi":"10.1163/15718182-28040001","DOIUrl":"https://doi.org/10.1163/15718182-28040001","url":null,"abstract":"\u0000This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2020-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43275679","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 : 2020-06-17DOI: 10.1163/15718182-02802005
Amelia Radke, H. Douglas
Murri Courts are a specialist criminal law practice that includes Elders and respected persons of the local Community Justice Group in the sentencing of Aboriginal and Torres Strait Islander defendants. Drawing on an ethnographic study of two southeast Queensland Murri Courts, this article explores the impact of State ordered out-ofhome care on Aboriginal and Torres Strait Islander defendants and their children. We show how Community Justice Groups and specialist courts help to address the intergenerational impacts of child protection interventions. The rights of Australian Indigenous peoples to enjoy, maintain, control, protect and develop their kinship ties is recognised under the Human Rights Act 2019 (Qld) and international human rights treaties. We suggest that policymakers and legislators should better recognise and support Community Justice Groups and specialist courts as they provide an important avenue for implementing the rights of Australian Indigenous peoples to recover and maintain their kinship ties.
{"title":"Indigenous Australians, Specialist Courts, and The Intergenerational Impacts of Child Removal in The Criminal Justice System","authors":"Amelia Radke, H. Douglas","doi":"10.1163/15718182-02802005","DOIUrl":"https://doi.org/10.1163/15718182-02802005","url":null,"abstract":"Murri Courts are a specialist criminal law practice that includes Elders and respected \u0000persons of the local Community Justice Group in the sentencing of Aboriginal and \u0000Torres Strait Islander defendants. Drawing on an ethnographic study of two southeast \u0000Queensland Murri Courts, this article explores the impact of State ordered out-ofhome care on Aboriginal and Torres Strait Islander defendants and their children. We \u0000show how Community Justice Groups and specialist courts help to address the intergenerational impacts of child protection interventions. The rights of Australian Indigenous peoples to enjoy, maintain, control, protect and develop their kinship ties is \u0000recognised under the Human Rights Act 2019 (Qld) and international human rights \u0000treaties. We suggest that policymakers and legislators should better recognise and support Community Justice Groups and specialist courts as they provide an important \u0000avenue for implementing the rights of Australian Indigenous peoples to recover and \u0000maintain their kinship ties.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2020-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02802005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64429536","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 : 2020-06-17DOI: 10.1163/15718182-02802004
Ø. Tefre
This paper examines how Norway turned to a more active policy on adoption in the child welfare system. It examines the full public records from all four times that the government and Storting debated adoption from care, over the period 2002–2013. I analyse the empirical and normative arguments that shaped policy, through a discourse theoretical framework (Habermas, 1996) to distinguish different types of arguments. The Article contributes an empirical case for analysing the normative aspects of social and welfare policy. The findings show that an active adoption policy is justified by strengthening of child-centred perspectives. First, research and expert discourse gained influence in the framing of adoption policy over time. Second, the ethical response to this knowledge base has been to shift attention from shared family needs to the child’s individual and developmental needs. There are signs that legislators view adoption in relation to children as independent legal subjects with rights.
{"title":"The Child’s Best Interests and the Politics of Adoptions from Care in Norway","authors":"Ø. Tefre","doi":"10.1163/15718182-02802004","DOIUrl":"https://doi.org/10.1163/15718182-02802004","url":null,"abstract":"This paper examines how Norway turned to a more active policy on adoption in the child welfare system. It examines the full public records from all four times that the government and Storting debated adoption from care, over the period 2002–2013. I analyse the empirical and normative arguments that shaped policy, through a discourse theoretical framework (Habermas, 1996) to distinguish different types of arguments. The Article contributes an empirical case for analysing the normative aspects of social and welfare policy. The findings show that an active adoption policy is justified by strengthening of child-centred perspectives. First, research and expert discourse gained influence in the framing of adoption policy over time. Second, the ethical response to this knowledge base has been to shift attention from shared family needs to the child’s individual and developmental needs. There are signs that legislators view adoption in relation to children as independent legal subjects with rights.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2020-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02802004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48670702","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 : 2020-06-17DOI: 10.1163/15718182-02802006
Ashling Bourke, S. Morris, Catherine Maunsell
Children’s rights only serve their purpose in as far as they are recognised as rights by those who can exercise them. This study examined a sample of Irish adults’ (predominantly students; n=83) perceptions of children’s participation and protection rights across two age groups of children (sevenand 14-year-olds). Participants completed the Perceptions of Children’s Rights Questionnaires and likelihood of reporting child abuse online. A withingroups four-factor ANOVA examined differences between the perceptions participation and protection rights across the two age categories. Participants endorsed protection rights more than participation rights for both age groups and reported a higher endorsement of protection rights and a lower endorsement of participation rights for seven-year-olds compared with 14year-olds. Participants were more likely to report the abuse of a seven-year-old compared with a 14-year-old, and participants’ endorsement of protection rights significantly predicted likelihood of reporting abuse. These findings have implications for how children’s rights are viewed in Irish society and how these rights may be enacted.
{"title":"Adults’ Endorsement of Children’s Protection and Participation Rights and Likelihood of Reporting Abuse","authors":"Ashling Bourke, S. Morris, Catherine Maunsell","doi":"10.1163/15718182-02802006","DOIUrl":"https://doi.org/10.1163/15718182-02802006","url":null,"abstract":"Children’s rights only serve their purpose in as far as they are recognised as rights by those who can exercise them. This study examined a sample of Irish adults’ (predominantly students; n=83) perceptions of children’s participation and protection rights across two age groups of children (sevenand 14-year-olds). Participants completed the Perceptions of Children’s Rights Questionnaires and likelihood of reporting child abuse online. A withingroups four-factor ANOVA examined differences between the perceptions participation and protection rights across the two age categories. Participants endorsed protection rights more than participation rights for both age groups and reported a higher endorsement of protection rights and a lower endorsement of participation rights for seven-year-olds compared with 14year-olds. Participants were more likely to report the abuse of a seven-year-old compared with a 14-year-old, and participants’ endorsement of protection rights significantly predicted likelihood of reporting abuse. These findings have implications for how children’s rights are viewed in Irish society and how these rights may be enacted.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2020-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02802006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43580361","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 : 2020-03-10DOI: 10.1163/15718182-02801004
M. Couzens
{"title":"International Human Rights of Children edited by Ursula Kilkelly and Ton Liefaard","authors":"M. Couzens","doi":"10.1163/15718182-02801004","DOIUrl":"https://doi.org/10.1163/15718182-02801004","url":null,"abstract":"","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02801004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45232338","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 : 2020-03-10DOI: 10.1163/15718182-02801002
C. McMellon, E. K. M. Tisdall
Children and young people’s participation is an ever-growing demand. Thirty years on from the UN Convention on the Rights of the Child’s adoption, however, fundamental challenges continue for participation that are widely recognised cross-nationally but remain stubbornly consistent. As a way in to considering the children and young people’s participation literature more generally, all articles referring to participation in their titles were identified from The International Journal of Children’s Rights. These 56 articles were analysed to identify trends, challenges and opportunities. The analysis found: a remarkably consistent narrative on participation over the 30 years; limitations on domains considered, geography and conceptual clarity; and far more written about challenges than solutions. Drawing on these findings and considering the participation literature more generally, the article recommends that the field expands its geographic and intellectual boundaries, uses powerful concepts like agency, competency and autonomy with greater precision, and explores fresh ideas like child protoganism, activism and children as human rights defenders.
儿童和年轻人的参与是一个日益增长的需求。然而，在《联合国儿童权利公约》(UN Convention on the Rights of the Child)通过30年后的今天，儿童参与方面的根本性挑战依然存在，这些挑战在国际上得到了广泛认可，但却始终没有改变。为了更广泛地考虑儿童和青少年的参与文献，所有在标题中提到参与的文章都是从《国际儿童权利杂志》中确定的。对这56篇文章进行了分析，以确定趋势、挑战和机遇。分析发现:30年来对参与的描述非常一致;所考虑的领域、地理和概念清晰度的限制;关于挑战的文章远远多于解决方案。根据这些发现并更广泛地考虑参与文献，文章建议该领域扩大其地理和知识边界，更精确地使用代理、能力和自主等强大概念，并探索儿童原生生物、行动主义和儿童作为人权维护者等新思想。
{"title":"Children and Young People’s Participation Rights: Looking Backwards and Moving Forwards","authors":"C. McMellon, E. K. M. Tisdall","doi":"10.1163/15718182-02801002","DOIUrl":"https://doi.org/10.1163/15718182-02801002","url":null,"abstract":"Children and young people’s participation is an ever-growing demand. Thirty years on from the UN Convention on the Rights of the Child’s adoption, however, fundamental challenges continue for participation that are widely recognised cross-nationally but remain stubbornly consistent. As a way in to considering the children and young people’s participation literature more generally, all articles referring to participation in their titles were identified from The International Journal of Children’s Rights. These 56 articles were analysed to identify trends, challenges and opportunities. The analysis found: a remarkably consistent narrative on participation over the 30 years; limitations on domains considered, geography and conceptual clarity; and far more written about challenges than solutions. Drawing on these findings and considering the participation literature more generally, the article recommends that the field expands its geographic and intellectual boundaries, uses powerful concepts like agency, competency and autonomy with greater precision, and explores fresh ideas like child protoganism, activism and children as human rights defenders.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02801002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64429465","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 : 2020-03-10DOI: 10.1163/15718182-02801003
Ann Quennerstedt, Zoe Moody
Since the adoption of the United Nations Convention on the Rights of the Child in 1989, research into children's rights issues in educational contexts has grown significantly. This paper takes stoc ...
{"title":"Educational Children’s Rights Research 1989–2019: Achievements, Gaps and Future Prospects","authors":"Ann Quennerstedt, Zoe Moody","doi":"10.1163/15718182-02801003","DOIUrl":"https://doi.org/10.1163/15718182-02801003","url":null,"abstract":"Since the adoption of the United Nations Convention on the Rights of the Child in 1989, research into children's rights issues in educational contexts has grown significantly. This paper takes stoc ...","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02801003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44616597","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 : 2019-11-21DOI: 10.1163/15718182-02704011
F. Gordon
{"title":"Young People, Social Media and the Law, written by Brian Simpson","authors":"F. Gordon","doi":"10.1163/15718182-02704011","DOIUrl":"https://doi.org/10.1163/15718182-02704011","url":null,"abstract":"","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2019-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02704011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42531630","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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