Children's rights: have carers abandoned values?

Traditionally, social workers have been concerned about the importance of values as significantly influencing professional practice. It is argued here that the emphasis on values has latterly been superseded by a focus on rights. This shift in perspective has come to characterise the activities of social workers and ‘professional’ carers such as foster and residential carers, and is related to a growing concentration on the externally measurable elements of practice (performativity) rather than the internal, and relatively intangible, quality of relationships (caring). It is necessary to understand the relationship between rights, needs and values in order to ensure that children are accorded their rights without having to forfeit the experiential quality of relationships with their carers.     

Children's rights in schools: what do teachers know?

The human rights of children are fundamental international human rights that protect all children against abuse by adults and caregivers as enshrined in the United Nations Convention on the Rights of the Child. This study examines teachers' and teacher trainees' knowledge of children's rights as enshrined in the United Nations Convention on the Rights of the Child (United Nations General Assembly, 1989), the Public Service (Disciplinary) Regulations (Statutory Instrument 65 of the Constitution of Zimbabwe, 1992) and the Secretary of Education and Culture Circular P35 of 3 May 1993 on the administration of corporal punishment by teachers in Zimbabwean primary schools. Data were collected using the Teacher and the Teacher Trainees Questionnaires on 300 primary school teachers and 150 teacher trainees, respectively, in Masvingo Province. Teacher trainees used in this study were attached to experienced primary school teachers during their teaching practice. The study found that the majority of teachers (76.3%) were exposed to the Public Service (Disciplinary) Regulations during their teacher education training. On the other hand, the majority of teacher trainees (60.0%) were not exposed to these Regulations during their training. The Public Service (Disciplinary) Regulations are used to charge teachers who violate children's rights within the school. The majority of teachers (59.3%) feel they are useful, while the majority of teacher trainees (60.0%) feel they are outdated and need to be changed. On the other hand, the majority of teacher trainees (55.3%) indicated that they were exposed to the United Nations Convention on the Rights of the Child or the African Charter on the Rights and Welfare of the Child (OAU Doc. CAB/LEG/24.9/49, 1990), while the majority of teachers (56.7%) were not exposed to either of these during their teacher education training. The study also found that the majority of teacher trainees (63.3%) were not exposed to the Secretary of Education and Culture Circular P35 on corporal punishment by teachers within schools during their teaching practice. It is clear from the ?ndings that the teacher education curriculum needs to be revised to take account of current trends and contemporary issues in education in the new millennium. Therefore, there is a need for the Ministry of Education, Sport and Culture to conduct in‐service programmes for teachers who are not familiar with local and international laws concerning the protection of children against child abuse within the school. Copyright © 2003 John Wiley & Sons, Ltd.     

Private rights and public responsibilities: the prospects for agricultural and environmental controls

The paper seeks to examine the prospects for the introduction of formal controls over agricultural and environmental change in the countryside through an analysis of the policy preferences of the National Farmers' Union and the Country Landowners' Association and the rapidiy changing context within which they are operating. We argue that it is mistaken to suppose that there exists a generalised objection to regulation within the farming and landowning community. Present developments are, moreover, blurring the distinction between production and conservation policies. In addition the authority of the farming lobby has been significantly weakened. But we suggest, nonetheless, that the persistent power of constraint enjoyed by farming and landowning interests is likely to ensure that a particular view of environmental protection, involving compensation for property rights foregone, remains predominant.     

Children's lives and rights under lockdown: A Northern Irish perspective by autistic young people

By June 2021, children and young people had experienced two periods of lockdown and home learning in Northern Ireland. The detrimental impact of these periods of indefinite confinement is wider reaching than reported educational stagnation, with the fundamental rights of childhood: play; rest; and leisure; all adversely implicated. Autistic children's experiences of Covid-19 have been largely absent from current crisis and recovery discourse. This is the first published study to directly and specifically involve autistic children both as research advisors and as research participants in a rights-based participatory study relating to the pandemic. Drawing on concepts of ableist childism and epistemic injustice, this article presents, through Photovoice, the emotional, social and educational experiences of post- primary aged autistic young people in Northern Ireland during the first 2020 lockdown of the Covid-19 pandemic. The project was grounded in a child rights-based approach and was guided by a group of four autistic young advisors aged 11–15. The paper concludes by arguing that government responses to the pandemic, as experienced by autistic young people, act as forms of oppression that prioritises and further embeds normative non-autistic structures and responses under the guise of public health necessity.     

Children's services in the UK 1997–2003: problems,developments and challenges for the future

This article reviews developments in children's services since 1997 and considers their effect on children in need by examining government statistics, recent additions to the evidence‐base, and data from two studies conducted by the authors. It shows that there has been extensive service development, mainly beyond the Department of Health, and considerable effort to improve assessment and administrative data. The limits to what can be demonstrably achieved by children's services, particularly in a short period, are acknowledged, and it is argued that the approach of providing predominantly low level interventions to large groups may need re‐thinking if significant and lasting changes to children's development are to be secured. Copyright © 2003 John Wiley & Sons, Ltd.     

Disability rights in practice: the relationship between human rights and social rights in contemporary social care

Using the contemporary arena of social care as an example, this article challenges the either/or dichotomy set up by some disability writers and activists between the favoured civil and human rights on the one hand and discredited social rights on the other. Rather, the article concludes, claims to these differing types of right are mutually reinforcing and can be mobilised strategically in disabled people's struggles for greater social justice. In particular, there is the potential for expanding disabled people's social rights to both direct services and direct payments by enforcing the positive obligations on public authorities conferred by human rights legislation and challenging rationing regimes.     

Institutions and the adoption of rights: political and property rights in Colombia

Citizenship rights are the result of specific political bargains between different collective actors and state authorities (Tilly Theory and Society 26(34):599–602, 1997). The political bargains for rights are encoded in institutions, and these institutions develop independently from each other and take organizational characteristics that make certain rights easier to adopt than others. I argue that these institutions vary along two dimensions that affect the extent to which states can adopt rights successfully: one dimension is distributional and the second is the depth or extension of the rules that frame a given right. This article focuses on the institutional differences between property rights, especially land property, and political rights, and on the consequences of those differences on their adoption. I then illustrate my argument with examples from Colombia since 1980.     

Reconciling Children's Policy and Children's Rights: Barriers to Effective Government Delivery

Countries which have ratified the United Nations Convention on the Rights of the Child, have committed to implementing its principles in law and policy. This article explores the challenges for securing children's rights through policy, drawing on a research project conducted for the Northern Ireland Commissioner for Children and Young People, which sought to identify barriers to effective government delivery for children and young people from the perspective of key stakeholders. The research concluded that, while some barriers (such as delay and availability of data) are not child‐specific, they can be accentuated when children and young people are the main focus of policy development and more so when seeking to adopt a child rights‐compliant approach to policy development and implementation.     

Restricting asylum: Trends and prospects

The dramatic rise in asylum applications in industrialized countries during the last decade has resulted in the development of an increasingly restrictive asylum regime. The tools these countries have devised for containing and deterring asylum claims—the concepts of Safe Countries of Origin and Safe Third Countries, Manifestly Unfounded Applications, and numerous administrative measures which act as barriers to entry—are targeted specifically at nationals of countries most likely to produce refugees. Additional pre‐entry measures attempt to make the asylum route as difficult as possible through the use of visa requirements and carrier sanctions. For those asylum seekers who manage to make the journey despite these obstacles, the administrative evaluation of their claims is accelerated, the legal procedures shortened, and the opportunities for appeal reduced. In addition, governments are increasingly resorting to bilateral agreements to ensure the readmission of rejected asylum seekers into the countries from or through which they came. The implementation of these measures in many European countries—but also in North America and Australia—are already well on their way, and the trend toward harmonizing these restrictionist responses is likely to continue. Policy makers need to be reminded of the risks of their policies for the basic tenets of asylum and refugee protection.     

Whose rights are they anyway?: The supreme court and the rights of Juveniles

This article examines selected United States Supreme Court decisions from 1923 through the 1984 term of the Court. The selection, which includes Wisconsin v. Yoder, In re Gault, In re Winship, and Schall v. Martin, traces and illustrates the triangle of interest among parent, child, and state as parens patriae, when the issue raised is the interest of children. The focal question is: Have children been recognized as having their own individual Constitutional rights, or have their rights been merged with those of their parents and/or the state standing in the place of the parents?     

Mediatization: Conceptual developments and research domains

Mediatization is nowadays considered an influential theory explaining societal, political, and cultural alterations driven by media technologies. Mediatization research, initiated almost 20 years ago (with its precursory ideas placed in the first half of the 20th century), witnesses at present dynamic theoretical, methodological, and empirical developments, obtaining a status as one of the most essential and ambitious research fields within the social sciences. Mediatization theory deals with (meta)process in which media communication is becoming increasingly complex, takes place more often, covers a growing number of topics, and lasts longer. The goal of this study is to contribute to our understanding of mediatization as well as to make the theory more familiar to non‐media scholars by presenting the state of the art and the most promising research lines of scientific inquiry. Starting from conceptualization and operationalization, we also aim to sketch the dimensions, fields, and forms of mediatization as well as to present examples of different domains where mediatization is most advanced, that is, mediatization of culture, society, and politics, or most promising, that is, mediatization of journalism.     

Indigenous internationalism: native rights and the UN

Abstract

Since 1982, with the creation of the Working Group on Indigenous Populations, the UN has taken steps toward addressing the violations of indigenous human rights around the globe that have characterized the colonization of indigenous peoples by western nations since the 15th century. This article explores the question of whether actions taken by the WGIP and other UN bodies promise to relieve this legacy; or whether the UN, as the proper overseer of international law concerning human rights today, continues that legacy in revised form, as some analysts have claimed. A brief overview of positions taken by key figures in the history of international law concerning indigenous peoples since the early 16th century provides a background against which to compare the work of the UN. My conclusion is that while the UN has in some ways sustained the inherited order of neglect of indigenous rights, it has, more importantly, created openings which make it possible for indigenous peoples to assert their claims. While this is not a story of continuous progress, it does suggest that there is reason to respect the UN's efforts in this relentlessly neglected area of human rights.     

A Children's Divorce Clinic:

Analysis of research data on 200 children and their families seen at a Children's Divorce Clinic yielded a number of significant findings. Preschool children were often told nothing about the divorce. Ethnically-mixed marriages tended to fail before non-mixed marriages. Fathers with higher levels of education and with professional jobs were more apt to have sole or joint custody. The parent who did not make the decision to divorce was more often prone to depression, whereas the parent who make the decision was more often relieved. Mothers with professional or managerial postions were less depressed and anxious than statistically expected, and were more angry and relieved than mothers with other kinds of jobs.