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The International Journal of Children’s Rights最新文献

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Children’s Political Rights and the UN Convention on the Rights of the Child 儿童政治权利和《联合国儿童权利公约》
The International Journal of Children’s Rights Pub Date : 2023-06-21 DOI: 10.1163/15718182-31020008
Daniella Zlotnik Raz, Shulamit Almog
{"title":"Children’s Political Rights and the UN Convention on the Rights of the Child","authors":"Daniella Zlotnik Raz, Shulamit Almog","doi":"10.1163/15718182-31020008","DOIUrl":"https://doi.org/10.1163/15718182-31020008","url":null,"abstract":"\u0000Recent years saw significant developments concerning the role of children in the political context. Yet, children today remain excluded from meaningful political influence, and children’s enfranchisement stands as a main point of contention. The article posits the UN Convention on the Rights of the Child (crc) as a decisive legal and theoretical basis for conceptualising children’s political rights, political participation and voting. It explores key crc provisions that relate to children in the political context and analyses the UN Committee on the Rights of the Child’s (crc Committee) work to map what exists and what remains missing and under-developed in this discussion. Specifically, the article elaborates on the right to be heard, revealing the crc Committee’s evolutive interpretive approach concerning its implementation in the political context. The article also focuses on children’s enfranchisement, exploring the crc’s potential to advocate for lowering the voting age from a child rights-based perspective.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"481 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132687073","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}
引用次数: 0
Can you Hear me? Problematising the Enactment of uncrc Article 12 in Welsh Early Years Classrooms 你能听到我说话吗?《联合国儿童权利公约》第12条在威尔士幼儿课堂中的颁布问题
The International Journal of Children’s Rights Pub Date : 2023-06-21 DOI: 10.1163/15718182-31010001
S. Chicken, Jacky Tyrie
{"title":"Can you Hear me? Problematising the Enactment of uncrc Article 12 in Welsh Early Years Classrooms","authors":"S. Chicken, Jacky Tyrie","doi":"10.1163/15718182-31010001","DOIUrl":"https://doi.org/10.1163/15718182-31010001","url":null,"abstract":"\u0000This paper explores teacher enactment of the uncrc Article 12, a child’s right to participate and give their view within the context of Welsh early years settings (children aged three to seven). A rights-based perspective is adopted in which children are positioned as agentic and active meaning makers.\u0000Qualitative data was generated via observations, interviews and documentary analysis with data from three teachers presented here. Findings suggest that teachers’ enactment of a participation was complex and shaped by particular constructions of children and associated understandings of teachers’ role. Children’s voice and agency were bounded by place, time and teacher expectations of children. Whilst some practices appeared to limit opportunities for children’s voice, children often subtly took back control from teachers, thus demonstrating children as agentic beings. In order fully to actualise a children’s right agenda within Welsh settings, we call for a reconceptualisation of constructions of children and subsequent constructions of teachers.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115279212","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}
引用次数: 1
Dealing with Rejection 处理拒绝
The International Journal of Children’s Rights Pub Date : 2023-06-21 DOI: 10.1163/15718182-31020009
L. Lundy, H. Stalford, N. Peleg
{"title":"Dealing with Rejection","authors":"L. Lundy, H. Stalford, N. Peleg","doi":"10.1163/15718182-31020009","DOIUrl":"https://doi.org/10.1163/15718182-31020009","url":null,"abstract":"Sometimes the risk is very small. Example: I tell a joke but my audience doesn’t laugh. They look at me like I am speaking a language they don’t understand. What does this mean? Do they reject my joke? Do they reject me? Maybe they don’t share my sense of humor. Maybe they don’t understand the joke. Maybe it’s just not a good joke or maybe I need to learn how to deliver jokes. There are so many variables!","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130834334","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}
引用次数: 0
Inadequate Criminal Policies as Threats to the Best Interests of Children Residing in Prisons with their Mothers 刑事政策不充分对与母亲同住监狱的儿童的最大利益构成威胁
The International Journal of Children’s Rights Pub Date : 2023-06-21 DOI: 10.1163/15718182-31020002
H. Purwadi, E. Kusumawati, A. Mayastuti, Gayatri Dyah Suprobowati
{"title":"Inadequate Criminal Policies as Threats to the Best Interests of Children Residing in Prisons with their Mothers","authors":"H. Purwadi, E. Kusumawati, A. Mayastuti, Gayatri Dyah Suprobowati","doi":"10.1163/15718182-31020002","DOIUrl":"https://doi.org/10.1163/15718182-31020002","url":null,"abstract":"\u0000Although the number of children residing in correctional institutions with their mothers in Indonesia is low, this has triggered issues related to the relevant policies and laws. This study examines the perspective of criminal laws and human rights policies regarding children residing in correctional institutions with their mothers and their implications for the fulfilment of the children’s rights. This study finds that the group of children does not belong to the category of individuals requiring special treatment. The Indonesian criminal justice system does not have a legal framework for handling those children. The correctional institutions failed completely to realise the children’s rights, due to the inability of the officers of the correctional institutions in interpreting and implementing the bic principle. Due to the absence of government’s clear guidelines, the treatment for such children, which is mostly adapted to their internal policies, varies among Indonesian correctional institutions.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129515018","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}
引用次数: 0
“The Child Needs to Tell it to Me in Words” “孩子需要用语言告诉我”
The International Journal of Children’s Rights Pub Date : 2023-06-21 DOI: 10.1163/15718182-31020004
Sheila Ramaswamy, Meetali Devgun, S. Seshadri, J. Bunders-Aelen
{"title":"“The Child Needs to Tell it to Me in Words”","authors":"Sheila Ramaswamy, Meetali Devgun, S. Seshadri, J. Bunders-Aelen","doi":"10.1163/15718182-31020004","DOIUrl":"https://doi.org/10.1163/15718182-31020004","url":null,"abstract":"\u0000Much research on child witnesses in child sexual abuse trials is focused on children’s performance in legal proceedings. Witness competency, that is predicated on the adversarial justice system’s principle of orality, is core to child witness testimony, and is determined at the pre-trial stage. However, this article highlights the need to consider child witness competency as a dynamic concept, that varies in response to the ecologies of the trial processes as they unfold. Set in a low-middle-income country, this qualitative study describes and analyzes trial processes through a child-inclusive lens, identifying barriers and facilitators to child witness competency. The results were mixed, yielding three major conclusions for consideration: (i) the importance attributed to physical infrastructure, and the creation of vulnerable deposition rooms; (ii) the role of judicial discretion in issues of child witness competency and (iii) role of intermediaries, with regard to enhancing child witness competencies.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121269680","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}
引用次数: 0
Redefining Inclusive Education for Autistic Children in International and European Law 在国际法和欧洲法中重新定义自闭症儿童的全纳教育
The International Journal of Children’s Rights Pub Date : 2023-06-21 DOI: 10.1163/15718182-31020007
L. Ducarre
{"title":"Redefining Inclusive Education for Autistic Children in International and European Law","authors":"L. Ducarre","doi":"10.1163/15718182-31020007","DOIUrl":"https://doi.org/10.1163/15718182-31020007","url":null,"abstract":"\u0000This paper focuses on the legal concept of inclusive education, and the challenges that its current interpretation raises, especially for autistic children. Centring on European and international law, it first analyses the sources and genesis of the current interpretation of inclusive education as full mainstream inclusion. It then proceeds critically to examine the conceptual and legal limitations this interpretation involves, before developing arguments for a more neurodiverse and rights-based alternative. Under this new interpretation, states would be required not only to render mainstream education more inclusive, but also to provide alternative educational offers for when mainstream education is not able to provide a neurodiverse and rights-based inclusive education.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122842182","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}
引用次数: 0
The Child-specific Right to Adequate Housing in the Convention on the Rights of the Child 《儿童权利公约》中儿童特有的适足住房权
The International Journal of Children’s Rights Pub Date : 2023-06-21 DOI: 10.1163/15718182-31020001
Roos Wind, Michel Vols, B. Roorda
{"title":"The Child-specific Right to Adequate Housing in the Convention on the Rights of the Child","authors":"Roos Wind, Michel Vols, B. Roorda","doi":"10.1163/15718182-31020001","DOIUrl":"https://doi.org/10.1163/15718182-31020001","url":null,"abstract":"\u0000Millions of children live on the street or in inadequate housing. The failure of authorities to address these problems violates the right to adequate housing, as laid down in, inter alia, Art. 11(1) of the International Covenant on Economic, Social and Cultural Rights (icescr). Yet, deplorable living conditions make children even more vulnerable than adults, given the negative impact on their development. This calls for a child-specific right to adequate housing tailored to the needs of children. Although one might expect to find such a child-specific right in the Convention on the Rights of the Child (crc), little is known about the crc and housing. This paper is the first to unravel to what extent the crc stipulates a child-specific right to adequate housing and, if so, whether it offers children other entitlements than the general right to adequate housing laid down in Art. 11(1) icescr.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131335959","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}
引用次数: 0
“Strictness is a Virtue” – Social Determination of Authoritarian Parenting and Political Authoritarianism “严格是一种美德”——专制教育与政治威权主义的社会决定
The International Journal of Children’s Rights Pub Date : 2023-06-21 DOI: 10.1163/15718182-31020005
Galym Zhussipbek, Zhanar Nagayeva
{"title":"“Strictness is a Virtue” – Social Determination of Authoritarian Parenting and Political Authoritarianism","authors":"Galym Zhussipbek, Zhanar Nagayeva","doi":"10.1163/15718182-31020005","DOIUrl":"https://doi.org/10.1163/15718182-31020005","url":null,"abstract":"\u0000Parenting and children’s rights are intimately related. The parenting styles characterised by low responsiveness to children’s needs, including authoritarian-paternalistic and those of neglect, are harmful to child’s development and contradict the main principles of children’s rights. The slow development of children’s rights in Kazakhstan and, in general, in the Eurasian1 context, derives from the social norms justifying authoritarian-paternalistic parenting, specifically, the widespread belief that “strictness is a virtue”. This article proposes and discusses the concepts of “social determination of authoritarian parenting” and “social determination of political authoritarianism”. The former concept denotes an embodiment of social norms that shape the parenting styles with low responsiveness to children’s needs, especially authoritarian-paternalistic. The latter suggests that authoritarianism is a product of social and cultural contexts, including parenting. These concepts, being mutually supportive phenomena, create the vicious circle of the persistency of authoritarianism in both politics and in child-rearing.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122244123","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}
引用次数: 0
The Chinese View of the Rights of the Child 中国人的儿童权利观
The International Journal of Children’s Rights Pub Date : 2023-04-07 DOI: 10.1163/15718182-31010004
J. Hämäläinen, Shih-Yun Wu, Fang Zhao
{"title":"The Chinese View of the Rights of the Child","authors":"J. Hämäläinen, Shih-Yun Wu, Fang Zhao","doi":"10.1163/15718182-31010004","DOIUrl":"https://doi.org/10.1163/15718182-31010004","url":null,"abstract":"\u0000This article aims to identify the nature of the interpretation of children’s rights in China. More specifically, it seeks to increase the understanding of the characteristics of the national perspective on children’s rights by examining and analysing the key issues relevant to the Chinese legislation. Using the concept of legal culture, the article offers a hermeneutic analysis of the Law of the People’s Republic of China on the Protection of Minors, in which the Chinese view of the rights of the child is explained in the light of a cultural background. The analysis shows that the Chinese view of the rights of the child is culturally coloured. In particular, the influence of the Confucian conception of family and the corresponding paternalistic social theory can be identified.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130857593","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}
引用次数: 0
International Relocation Disputes and the Risk of Cultural Bias in Family Law Matters 国际搬迁纠纷与家事法律事务中的文化偏见风险
The International Journal of Children’s Rights Pub Date : 2023-04-07 DOI: 10.1163/15718182-31010006
M. Strous
{"title":"International Relocation Disputes and the Risk of Cultural Bias in Family Law Matters","authors":"M. Strous","doi":"10.1163/15718182-31010006","DOIUrl":"https://doi.org/10.1163/15718182-31010006","url":null,"abstract":"\u0000This paper discusses how judges and forensic experts can reach culturally biased decisions in family relocation matters, potentially compromising the best interests of children involved. The risk of reports and judgments being biased is particularly pronounced when cultural factors are focused upon selectively, while other relevant factors are overlooked. To mitigate this potential for cultural bias, several strategies are proposed. These include encouraging self-awareness in forensic experts and judges of their potential for bias, implementing a system of peer review in which decisions are reviewed by colleagues, providing a mandatory checklist of factors to be considered, and requiring transparency and accountability in forensic reports and relocation judgements.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"136 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128726369","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}
引用次数: 0
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