Drafting an International Convention on the Protection of the Rights of All Migrant Workers and Their Families

The open-ended Working Group (WG) completed its 3rd session of the 2nd reading on the Elaboration of an International Convention on the Protection of the Rights of All Migrant Workers and Their Families during September 24-October 3, 1986 in New York. In this session, the WG elaborated a "dictionary" of terms related to the migrant worker and members of the family of the migrant worker that, when ratified, will be viewed as international standards. The WG also approved 8 articles primarily relating to civil and political rights. These included articles regarding the rights of migrant workers and their families to 1) leave any State, including their State of origin; 2) life; 3) be excluded from forced or compulsory labor except under specific conditions; 4) the freedom of thought, conscience, and religion; 5) hold opinions without interference and the freedom of expression, subject only to certain restrictions; and 6) liberty and security of person. The Convention's intention was to ensure the application of human rights to migrant workers. There were nearly 60 participating states in attendance, with 1/3 of them from African states. African and Arab states played a very active role in the discussions. The number of women delegates has increased with each session. Future issues include 1) economic and cultural rights, and 2) the additional rights of migrant workers and their families in a regular situation of lawful status.     

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. [Excepts

This excerpt focuses on the laws concerning the protection of the rights of all migrant workers and members of their families. The excerpt takes into account the principles contained in the basic instruments of the UN about human rights; particularly, the Universal Declaration of Human Rights; the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; and the Convention on the Rights of the Child. Emphasized is the law stating that migrant workers and members of their families shall have the right to receive medical care that is required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment, along with nationals. It also grants migrant workers equality of treatment, along with nationals, with regard to access to social and health services, provided that the requirements for participation in the respective schemes are met.     

Racial Discrimination and Human Rights in the Global Context: The International Convention on the Elimination of all Forms of Discrimination

This essay will discuss racism and racial discrimination by locating them within a context of international human rights. It is argued that conceptually racism and racial discrimination within an international human rights paradigm sharpens our understanding of these concepts from both a global and regional vantage point. The main idea is to provide a thematic and procedural overview of key international human rights instruments that address racial discrimination. It will situate racial discrimination in the context of international human rights and provide a critical discussion focused on the International Convention on the Elimination of All forms of Racial Discrimination (ICERD) and other human rights instruments that address racial discrimination.     

青年农民工闲暇教育的价值定位与思考

青年农民工闲暇生活“非城非乡”悬空状态带来的系列问题,使人们越来越关注对这一特殊群体进行闲暇教育的意义。闲暇教育可以帮助青年农民工形成正确的闲暇态度、闲暇价值观及恰当的闲暇行为习惯．使他们能有效充分地利用闲暇时间和提高闲暇生活的质量。因此,以传播媒介为载体,以休闲资源搭建为手段,以社区建设为依托来开展青年农民工闲暇教育具有积极的意义。     

The European Convention on Human Rights in the Constitutional System of Serbia and Montenegro

The paper explores the legal position of the European Convention on Human Rights in the constitutional system of Serbia and Montenegro. It casts some light on constitutional rules, international treaties and especially international treaties on human rights. The text exposes also constitutional rules on human rights. The issue of the European control over human rights in Kosovo and Metohija is raised. Attention is referred to the Resolution 1417 (2005) of the Parliamentary Assembly of the Council of Europe on protection of human rights in Kosovo.     

Companion piece: The education landscape and the Convention on the Rights of the Child

Converging influences in the public policy environment in the United States have generated renewed interest in ratification of the United Nations Convention on the Rights of the Child (CRC). Although considerable overlap exists between the goals of education in the United States and the goals articulated in the CRC, education has not had a central role in ratification efforts. The article highlights the relevance of the CRC to education in the United States and discusses shared interests, differences, controversies, and implications of ratification on education.     

The implications of Articles 37 and 40 of the Convention on the Rights of the Child for U.S. juvenile justice and U.S. ratification of the convention

The Convention on the Rights of the Child (CRC) guarantees that children accused of crimes will have the right to fair court procedures and humane sentences. Current U.S. laws concerning the child's age when a court has jurisdiction, and others concerning sentencing practices and the place of confinement, contravene the provisions of the CRC. Some U.S. laws are consistent with the treaty but are nonetheless not enforced. Recent developments, including increasing understanding of brain development, U.S. Supreme Court decisions on the constitutionality of punishments for children, and the Committee on the Rights of the Child General Comment 10, will have substantial impacts on U.S. ratification. This article discusses Articles 37 and 40 of the CRC and their effect on U.S. practices if the treaty is ratified.     

The Movements of Working Children and the International Labour Organization. A Lesson on Enforced Silence

Relations between the International Labour Organization (ILO) and grassroots movements of working children are characterised by tensions. Working children's claim to participate in conceptualising child labour policy is increasingly rejected. Most recently, in November 2017, the Latin American Movement of Working Children and Adolescents (MOLACNATs) lodged a complaint with the UN Committee on the Rights of the Child over violations of rights enshrined in the 1989 UN Convention on the Rights of the Child. This article reconstructs the history of working children's movements and their communication with ILO since the 1990s.     

The relevance of U.S. Ratification of the Convention on the Rights of the Child for Child Health: a matter of equity and social justice

The United Nations Convention on the Rights of the Child (CRC) is a universally accepted tool to understand the social underpinnings of child health that medicine alone cannot address. Injustices plague U.S. society: Child poverty has been increasing since 2000, and the gap between the wealthiest and poorest is growing. Poverty is a toxic stress on child health and well-being. Three articles from the CRC help frame how to address this: nondiscrimination, the right to enjoy the highest attainable standard of health and access to health care, and the right to a standard of living adequate for complete development.     

The contribution of the United Nations Convention on the Rights of the Child to understanding and promoting the interests of young people making the transition from care to adulthood

The United Nations Convention on the Rights of the Child (UNCRC) acknowledges that young people without parental care are entitled to special support and assistance from the State. In detailing their expectations, the UN Committee have issued Guidelines for the Alternative Care of Children which recognise that State parties have a number of responsibilities towards care leavers. The paper explores how the UNCRC reporting process, and guidelines from the Committee outlining how States should promote the rights of young people making the transition from care to adulthood, can be used as an instrument to track global patterns of change in policy and practice. Content analysis of State Party Reports and Concluding Observations from 15 countries reveals that to date there has been limited engagement with understanding and promoting the needs of this group in the reporting process; although where a government is committed to developing legislation and practice then this does find its way into their national reports. Data supplied by affiliates of the International Research Network on Transitions to Adulthood from Care (INTRAC) reveals that national concerns, political ideology, public awareness, attitudes and knowledge of the vulnerability of care leavers influence service responses to protect and promote the rights of this group and the attention afforded to such issues in reports to the Committee. Findings also suggest that global governance is not simply a matter of top down influence. Future work on both promoting and monitoring of the impact of the UNCRC needs to recognise that what is in play is the management of a complex global/national dynamic with all its uneven development, levels of influence and with a range of institutional actors involved.