Affordance of Participation Rights for Children in Home‐based Education and Care: An Interactive Process Model of Participation — 2007

Recent models relating to the affordance of children’s participation rights, based on articles 12 and 13 of the United Nations Convention on the Rights Of the Child (1989) , have focused on the role of and strategies used by the adults working with children (Children and Society 10 , 2001: 107–117; Children and Society 20 , 2006: 209–222). Whilst these adults play a pivotal role in affording participation rights, children, and their parents/family/whānau, play an equally important role. This paper explores the complex interplay of roles, relationships, and strategies used by adults and children in home‐based education settings in Aotearoa/New Zealand, that support the affordance of participation rights for children. It identifies key aspects of practice that underpin this, and presents an alternative model of participation that is in keeping with a sociocultural approach to children’s learning and development, and acknowledges them, in the right conditions, as having a voice and agency as citizens in their own right.     

Representing children's views and best interests in court: an international comparison

This paper provides a comparison of a number of alternative models of international practice in relation to the appointment and organization of guardians ad litem and other children's representatives in child care and family proceedings. The paper notes that, in their attempts to address the need for children to have representation in matters affecting their welfare, English‐speaking countries have tended to conflate the two salient Articles of the United Nations Convention on the Rights of the Child, that is, Article 3, which deals with the child's best interests, and Article 12, which deals with their right to express their wishes and feelings. Where systems other than ‘stand alone’ legal representation have been put in place, the child's representative is charged with both assessing their best interests and, often as a secondary duty, communicating their views. The paper concludes that for some groups of children in public or private law proceedings, an advocate (rather than a best interest oriented guardian, and where necessary in addition to a legal representative) may enable better representation of the child in the courts and greater participation by children in legal proceedings, an increased role for children as citizens and a fuller implementation of their rights. Copyright © 2005 John Wiley & Sons, Ltd.     

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.     

Children's participation in the policy process: some thoughts on policy evaluation based on the Irish National Children's Strategy

Prompted by Article 12 of the UN Convention on the Rights of the Child, there is a growing number of examples of children and young people being involved in the policy process. To date this had not been matched by evaluation of the practice. This situation needs to change to ensure that existing experience provides learning for more widespread and more effective involvement. Using the development of the Irish National Children's Strategy for illustration, this article argues that the evaluation required must be more than monitoring. There is a need to get below the formal documented surface of participatory initiatives through developing analysis based in a critical perspective on both policy and evaluation.     

‘All feasible measures’—Children's Rights and Violent Conflict in Northern Ireland

SUMMARY: The UK, having ratified the UN Convention on the Rights of the Child, is bound to take ‘all feasible measures' to protect children in armed conflicts; yet in its First Report on progress on the Convention, the Government barely acknowledged the impact on children and young people of violence in Northern Ireland. By contrast the Children's Rights Development Unit in its ‘alternative’ report, the ‘UK Agenda for Children’, examined in detail children's rights in Northern Ireland, and how the Government could comply with the Convention. This article describes the consultation process informing CRDU's report, and highlights the need for children's rights to be addressed as part of both healing the past and shaping the future of Northern Ireland.     

Human rights education as a tool of grassroots organizing and social transformation: a case study from Turkey

Women for Women’s Human Rights (WWHR)—New Ways has been carrying out a Human Rights Education Program for Women throughout Turkey for over a decade, in cooperation with community centers. The training has a holistic, comprehensive nature, linking several areas of human rights through a critical gender perspective lens. One of the overarching aims of the program is to support women's grassroots organizing in economically disadvantaged areas by equipping women to mobilize around self‐identified needs. This article focuses on the impact of the program on women, methodological factors that contribute to its success and its role as a catalyst to promote social transformation at the local level.     

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.     

Sexual orientation and the European Convention on Human Rights: What of the “L” in LGBT?

Abstract

The European Court of Human Rights (ECtHR) has long been celebrated for its role in advancing LGBT rights. This article adopts an intersectional feminist approach in order to critically examine the trajectory of the Court’s LGBT case-law from a gendered perspective. In doing so, it foregrounds the portrayal, experience and, indeed, invisibility of lesbian applicants. Adopting an intersectional approach that considers the gender dimension of sexual orientation claims provides a somewhat different perspective on the struggle for LGBT rights before the ECtHR and suggests that lesbian voices and experiences have been marginalized and excluded in the struggle for LGBT rights.     

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.     

Companion piece: Convention on the Rights of the Child special protection measures: overview of implications and value for children in the United States

The United Nations Convention on the Rights of the Child (CRC) is an international treaty that commits ratifying states parties to uphold the rights of all children under the age of 18. This article discusses the issues of highest relevance to the United States and reviews the pros and cons of ratifying, from the perspective of the convention's intent and potential, sovereignty of states, and national public policies, and regarding the special protection recommended for particularly vulnerable children. Specific implementation issues discussed include training, accountability, and monitoring.     

Asylum,Participation and the Best Interests of the Child: New Lessons from Norway

This article discusses Norway's implementation of the Convention on the Rights of the Child (CRC) in relation to the field of asylum. In particular, we explore the dilemmas and challenges posed by efforts to realise children's right to express their views and have these views given due weight in decision‐making processes as stipulated in Article 12 of the CRC. The Norwegian authorities have sought to uphold this right through the introduction of ‘child conversations’ within the asylum process. As we explain, children's participation may be crucial in terms of revealing persecution and thus the need for protection in accordance with the 1951 Refugee Convention. However, the early experience of implementing child conversations suggests limited usefulness—indeed the practice may be questioned in the light of the primary obligation of states parties to the CRC to attend to children's best interests. Drawing upon experience from Sweden, the article offers suggestions for how the pursuit of children's participation within the Norwegian asylum system might be developed to ensure that it genuinely serves their best interests.     

Companion piece: Needs, rights, and the human family: a bio-psycho-social-spiritual perspective

This article sets forth a bio-psycho-social-spiritual perspective on the needs and rights of children. Consideration is first given to the philosophical nature of need. The nature of rights is then examined in relation to need as a basis for social justice claims. Various need paradigms, such as human development needs, socially constructed needs, and needs hierarchies, are considered and compared to the rights paradigm presented in the Convention on the Rights of the Child. Rationale for ratification is then presented.     

Kevin and Peter: responses to two ‘preventable deaths’

European welfare states have substantial provision to ensure that children are brought up in conditions that meet the articles of the United Nations’ Convention of the Rights of the Child. In our analysis of two preventable deaths in Germany and England, we focus primarily on Article 18, which directs states to ensure that there is adequate provision to support parents in their responsibilities, and Article 19, which ensures children’s safety and protection. We outline the legal framework, which existed at the time of two child deaths: Kevin from Bremen and Peter in London, both young children who were subject to formal state supervision and oversight. The events – including the press response, their aftermath and the subsequent changes to social work practice through legislation and guidance will be examined. Our subsequent analysis will evaluate the extent to which events altered the balance between Articles 18 and 19 in the two countries, and the extent to which a Children’s Rights approach in this area offers new insights. The analysis will suggest that a rights-based approach offers some benefits for a comparative framework and understanding child and family social work, but also that it is not without some difficulties.     

Children's rights: developments and prospects

The decade since International Year of the Child has witnessed a variety of suggestions and initiatives to promote the rights of children. Proposals for ombudswork with children, a Minister for Children, a Children's Congress, a Children's Rights Officer, a Youth Charter and Youth Councils are each critically assessed. It is argued that the forthcoming Convention on the Rights of the Child may prove less effective in winning rights for children than its advocates imagine. The author concludes that rights for children are less likely to be achieved by adopting any specific group of reforms, than by acknowledging and supporting the principle that, wherever possible, children should be encouraged to make decisions for themselves and act on their own behalf     

The Politics of Childhood and Asylum in the UK

This article considers the general treatment of asylum‐seeking families with children in the UK, focusing on the government's practices and public reactions to these measures. It first describes both the exclusive asylum framework, based on institutionalised suspicion, welfare restrictions and detention, and the inclusive child policy framework, based on recognising children's rights and protecting all children. The article then investigates the implications for policy‐making that these radically opposed regimes have for those who fall between the two categories, i.e. asylum‐seeking children. To this end, we examine more closely three asylum practices — Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, detention of accompanied asylum‐seeking children in immigration removal centres and removals. Our analysis indicates that the government's attempt to fully include families within the restrictive asylum framework has been somewhat frustrated by the mobilisation of a wide range of public actors. As such, despite its supposedly ‘legally unconstrained’ room for action, the government has recently agreed to partly review its policy standards for asylum‐seeking families, apparently aware of the potentially damaging effects of being seen as disregarding children's rights and needs. On the other hand, the government does not seem inclined to question the current asylum framework and the assumptions on which it is based. Consequently, the asylum system for families is likely to remain based on ad hocarrangements conditioned by the scale of the protests.     

中国履行《儿童权利公约》20年

第44届联合国大会通过的《儿童权利公约》．是迄今为止内容最丰富．最全面、最为国际社会广泛认可的规范儿童权利的国际公约．多年来，中国政府与世界各国一道．始终遵循并恪守公约宗旨和精神，以实际行动履行公约义务，落实儿童优先发展战略．确保儿童生存、保护、发展和参与等各项权利的实现．     

Small Voices: Children's Rights and Representation in Social Work Research

The persons who are social work's constituencies are typically disenfranchised and excluded. This is particularly the case with children whose voices are routinely suppressed. This paper outlines why Children's Article 12 Rights under the UN Convention on the Rights of the Child to express their views on all matters concerning them should also apply to social work research. The ethical issues around research with children are explored and a number of different research methods are outlined in order to offer a starting point for social workers wishing to place children's viewpoints and voices at the centre of their research.     

Children’s Experiences of Completing a Computer‐Based Violence Survey: Ethical Implications

This article aims to contribute to the discussion about the ethics of research on children when studying sensitive issues such as violence. The empirical analysis is based on the accounts given by children (11 377) who completed a computer‐based questionnaire about their experiences of violence (‘The Finnish Child Victim Survey 2008’) and their reflections on the survey. We argue that experiences of violence should not be excluded from the research agenda on children due to ethical reasons, but that a more sophisticated practice should be developed instead to meet the needs and rights of children as informants. © 2010 The Author(s). Journal compilation 2010 National Children’s Bureau and Blackwell Publishing Limited.     

Child Care as a Human Right: A New Perspective on an Old Debate

SUMMARY

A range of international human rights documents recognize the importance of child care for both parents and children, including the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Covenant on Economic, Social and Cultural Rights. While domestic advocates within the United States have long argued for an expansion of government-supported child care, the significance of child care's status as an international human right has not been explored. In other nations, international law has played an important role in spurring governments to expand childcare services. Reframing the child care issue in the United States as a question of international human rights could be an effective way to enlist new allies, posit new paradigms, re-energize the child care debate and shift the domestic focus toward more progressive models.     

Where now for ‘child protection’ in Scotland?

In common with the rest of the UK, child care and protection practice in Scotland has undergone unprecedented change over the last ten years, including a wide‐ranging three‐year Child Protection Reform Programme. In 2006, The University of Dundee's Centre for Child Care and Protection and Barnardo's Scotland Research and Development team were commissioned by the then Scottish Executive to undertake a process review of the Child Protection Reform Programme (Daniel et al., 2007 ). Drawing on findings from the process review, this article considers the impact of the Child Protection Reform Programme. The process review concluded that, in the view of the respondents, the Child Protection Reform Programme made a substantive contribution towards the improvement and delivery of child protection services in Scotland, particularly in terms of raising awareness and increased multi‐agency working. It was beyond the scope of the review to measure outcomes for children as a result of the reforms. Since the completion of the Child Protection Reform Programme, national policy emphasis has broadened from ‘child protection’ towards integrated support for children under the Getting it Right for Every Child reforms of children's services. The paper concludes with a discussion around where ‘child protection’ now fits within this context of universal support for children and argues that there is a need to ensure that the valuable work which was done to improve child protection services in Scotland under the Child Protection Reform Programme is not lost. Copyright © 2010 John Wiley & Sons, Ltd.