Children's geographies research contributes to the intent of the United Nations Convention on the Rights of the Child by comprehending children as cogent agents in the telling and creation of their ...lives. Voices of asylum-seeking and refugee children are under-represented in the research literature. Hence, reference to their needs in relevant national and international policy contexts is inadequately informed. A meta ethnography synthesised self-reported needs and experiences of 288 child refugees and asylum-seekers across eight interview-based studies, each of which included at least one child aged 13 or younger. The guiding question for the study is: How do children describe their experiences within the systems designed to support refugee and asylum-seekers? Results indicate that refugee and asylum-seeker children can and must speak for themselves. Adults and services must listen to ensure policies and services are adequately informed by children's perspectives and needs.
Caring for the welfare of children is a continuous and ongoing process, the foundation of which is a legally sound system. Child-friendly proceedings are designed to ensure the meaningful involvement ...of children in the decision-making process, which, of course, is manifested in the proper realization of the child’s right to be heard. A child’s right to be heard in civil proceedings is a crucial aspect of child-centred justice, recognizing children as active participants in decision-making. The article studies the evolution of the child’s right to be heard in the international legal system, thus examining international conventions such as the United Nations Convention on the Rights of the Child and regional documents that recognize the children’s right to participate in decision-making processes related to them. The article analyzes the legal framework applicable in different jurisdictions, including challenges and best practices in exercising the right. In addition, the article discusses the importance of the child’s participation in civil proceedings, emphasizing its impact on the child’s development and well-being and, on the other hand, on the quality of court decisions. The article discusses the relationship between the child’s right to be heard and the standard of protection of the best interests. It emphasizes the need for a multidisciplinary approach when dealing with cases related to children. The article reviews the practical challenges and opportunities related to this issue and circumstances limiting the right, such as age and maturity. The legal ways necessary for better realization of the child’s right to be heard are proposed in the form of recommendations in the article.
As a necessary consequence of the strengthening of human rights, there appears the idea and movement of the existence of the child rights separated from the human rights. These are the rights which ...will pull out the child from the grip of the powers not only of the state, but also of the parents, and will allow the child to be viewed as a separate human being, with his/her own rights, his/her own identity, integrity and dignity. This idea will be spread so much by the end of the twentieth century that it will lead to significant phenomena and changes at the international level. Normative activity within the United Nations has never produced such a result as the UN Convention on the Rights of the Child. An almost universally accepted legally binding document has, in an extremely short period of time, set fairly high uniform standards of children's rights at the global level. We will see that the domestic legislator did not follow the tendencies of the international community to a sufficient extent, so it was only in 2019 he took certain political steps to correct the given situation, but without sincere desire or strong will enough to complete the procedure. In contrast to the universal level where the child rights de facto codified in the UN Convention on the Rights of the Child, at the national level they remain fragmented, with many gaps recognized by the domestic public authorities.
A partir del análisis de los derechos supraindividuales ambientales contenidos en la Convención sobre los Derechos del Niño, y la observación en específico de la Comunicación del 23 de septiembre de ...2019 (Sacchi y otros vs. Argentina, Brasil, Francia, Alemania y Turquía), el presente estudio determinará las posibilidades jurídicas para llevar a cabo una reclamación climática a través del mecanismo de comunicaciones individuales previsto en el Tercer Protocolo Facultativo de dicho instrumento internacional. De este modo, en primer término, se incidirá en las particularidades, tanto sustanciales como procedimentales, que presenta un mecanismo como el apuntado cuando la cuestión objeto de litigio versa en torno a los derechos supraindividuales – medioambientales – contenidos en la Convención sobre los Derechos del Niño. Acto seguido, se analizarán los importantes obstáculos de índole (i) jurisdiccional, (ii) falta de agotamiento de recursos internos y (iii) ausencia de diferenciación en los compromisos estatales asumidos en virtud del Acuerdo de París frente a las emisiones de MtCO2. Finalmente concluiremos que los mencionados obstáculos entorpecen la garantía al acceso a la justicia climática a través del mecanismo de comunicaciones, siendo necesarias algunas modificaciones al Protocolo Facultativo para lograr este propósito.
The National Association of Social Workers (NASW) is the leading professional organization for social work that established the Code of Ethics and sets the policy agenda for the profession. Guided by ...the Code of Ethics and the Grand Challenges for Social Work goal to "build healthy relationships to end violence," the NASW Social Work Speaks policy compendium should reassert its statement against the physical punishment of children. This recommendation aligns with the United Nations Convention on the Rights of the Child and children's right to protection from violence; the rigorous empirical research base, which demonstrates that physical punishment has detrimental consequences to child well-being; and similar policy statements issued by allied professional organizations. The NASW policies can advocate for ending violence against children by providing guidance on disciplinary practices that are based on principles of nonviolence and that respect children's human rights. Practitioners can support caregivers through interventions that provide alternatives to physical punishment.
Abstract
Children often face discrimination, bullying and even violence because of their sexual orientation or gender identity, as do children raised by parents who are lesbian, gay, bisexual or ...transgender (LGBT). This article considers what the UN Committee on the Rights of the Child is doing to protect the rights of LGBT children and children with LGBT parents. To make such an assessment, this article critically analyses the Committee’s Concluding Observations over a 10-year period, its General Comments and its Views on Individual Communications. The conclusion reached is that while the Committee has made encouraging progress in recent years when it comes to addressing LGBT related issues, there is still room for improvement in the way the Committee seeks to protect children from discrimination on the basis of sexual orientation and gender identity.
Abstract Children continue to be subjected to high levels of violence (i.e., physical, psychological and sexual maltreatment) throughout the world. International concern about violence against ...children has increased significantly during the last decade. A Study on Violence Against Children , encouraged by the UN Committee on the Rights of the Child, conducted under the auspices of the United Nations Secretary General and reported in 2006, has become a rallying call to improve child protection. Child protection practices and systems have been judged to be generally inadequate and, in some cases, destructive. It is widely recognized that business as usual—more of the same—will not do. A General Comment (guide to fulfilling obligations) for Article 19, the central conceptualization of child protection of the UN Convention on the Rights of the Child, has the potential to promote a worldwide reformulation of child protection priorities, policies, and practices by virtue of the infusion of a child rights approach. It can be a mechanism for framing and promoting the transformational change needed – for a genuine paradigm shift. Here, explication is given for the historical context, rationale, centrality of child rights, process of development, holistic nature, and primary elements of General Comment 13 (GC13): The child's right to freedom from all forms of violence. GC13 embodies and champions a child rights approach to child protection entailing strong support for proactive primary prevention, promotion of good child care, and a commitment to secure the rights and well-being of all children. A child rights-based, comprehensive coordinating framework is recommended for the implementation of GC13.
A question of commitment Howe, Robert Brian; Covell, Katherine
A question of commitment,
2020, 2020-04-09
eBook
With the adoption of the United Nations Convention on the Rights of the Child (1989), commentators began to situate the evolution of the status of children within the context of the "property to ...persons" trajectory that other human rights stories had followed. In the first edition of A Question of Commitment, editors R. Brian Howe and Katherine Covell provided a template of analysis for understanding this evolution. They identified three overlapping stages of development as children transitioned from being regarded as objects to subjects in their own right: social laissez-faire, paternalistic protection, and children's rights. In the social laissez-faire stage, children are regarded as objects, and largely as the property of parents. In the paternalistic protection stage, children are seen as vulnerable and in need of protection. The children's rights stage lays emphasis on children as rights-bearers, as individuals in their own right with entitlements. In this second edition, new essays assess the extent to which children's rights have been incorporated into their respective areas of policy and law. The authors draw conclusions about what the situation reveals about the status of children in Canada. Overall, many challenges remain on the pathway to full recognition and citizenship.
Abstract
The United Nations Convention on the Rights of the Child sets the gold standard for the rights of children and young people, placing the obligation on States parties to ensure their ...realisation. Since most children live in families, recognising their rights has implications for other family members, particularly their parents.
Article 5 creates a framework for balancing the rights and obligations of the parties - the child, the parents and the state - in this triangular relationship, requiring States parties to respect the right of parents to direct and guide the child in the exercise of Convention rights. Yet other Convention provisions address the parties' roles, calling into question the need for Article 5.
This article sets the scene for those that follow in this issue, exploring what the drafters of the Convention were seeking to achieve in Article 5 and highlighting issues that proved controversial, before focussing on the work of the United Nations Committee on the Rights of the Child to drill down into its content and address its place in the Convention.
Does Exactly What it Says on the Tin? Hanson, Karl; Lundy, Laura
The International journal of children's rights,
08/2017, Letnik:
25, Številka:
2
Journal Article
Recenzirano
Odprti dostop
The four general principles of the Convention on the Rights of the Child are one of its most cited features. This article tracks the evolution of the "general principles" in the drafting process of ...the Convention and the Committee's determination of the content of its 1991 reporting guidelines. This is followed by an analysis of the approach to the "general principles" that the Committee has adopted in its monitoring and reporting processes and General Comments. It concludes that these four articles are not necessarily "general" nor "principles" and suggests how the concept of a set of cross-cutting standards might evolve and perhaps be reformulated in ways that are faithful to both the text of the Convention and subsequent understanding and practice.
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