The International Journal of Children’s Rights最新文献

{"title":"Ziba Vaghri, Jean Zermatten, Gerison Lansdown, Roberta Ruggiero (eds.), Monitoring State Compliance with the UN Convention on the Rights of the Child","authors":"S. Henderson","doi":"10.1163/15718182-31010008","DOIUrl":"https://doi.org/10.1163/15718182-31010008","url":null,"abstract":"","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"9 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":"127983223","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}

{"title":"The Hidden Costs of Unaccompanied Child Migration","authors":"Vasileia Digidiki, J. Bhabha","doi":"10.1163/15718182-31010002","DOIUrl":"https://doi.org/10.1163/15718182-31010002","url":null,"abstract":"\u0000Dramatic reductions in refugee resettlement numbers, restrictions on asylum access and growing externalisation of humanitarian protection have significantly curtailed legal migration pathways for distress migrants. This continues to be the case despite well-established international legal obligations requiring states to protect humanitarian migrants and afford children, in particular, a series of protective procedures. We argue that unaccompanied child migrants are disproportionately disadvantaged by these restrictive measures because other avenues for legal migration – for work, for family reunification, for educational and cultural activities – are generally not open to them. As restrictions increase, unaccompanied children adopt self-initiated, challenging strategies to pay the significant costs of the journeys they embark on, a departure from more linear, “traditional” trajectories towards safety. This article presents qualitative data collected in Greece, site of the largest European distress migrant arrivals in recent years, to discuss the growing cost of irregular mobility for unaccompanied children and the role that exploitation-funded earning plays in enabling their migrations today.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"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":"126890891","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}

{"title":"Restoring Children’s Right to Education during and after War","authors":"Hilly Moodrick-Even Khen","doi":"10.1163/15718182-31010005","DOIUrl":"https://doi.org/10.1163/15718182-31010005","url":null,"abstract":"\u0000The need to protect children in armed conflicts has become urgent, especially since the 1990s, and is now outstanding in the war in Ukraine. Among the violations against children in Ukraine that were identified by the UN Secretary General in 2005, were attacks on schools and hospitals. This article discusses the question of how the violation of the right to education during armed conflict can be redressed and suggests a mechanism for doing so. It uses the Russia-Ukraine war (2022) as a case study.\u0000The legal protection of children’s rights in armed conflict is facilitated by three branches of international law: international humanitarian law (or the laws of armed conflict); international human rights law; and international criminal law. This article will address the first two as well as, in a more limited way, the law of refugees.\u0000The article discusses the significance of the child’s right to education. It provides empirical data on how this right is jeopardised during armed conflicts and offers recommendations regarding what the international community can do to secure this right as far as possible during, as well as directly after, armed conflict. The article suggests a mechanism that would involve states parties to the crc, the crc Committee, and the establishment of a trust fund to compensate states that have suffered an armed conflict, and to use the compensation to redress the right to education. This arrangement could be regulated by an additional protocol to the crc. States parties to the crc that ratified the additional protocol would be required to contribute to the fund (according to a socio-economic index). States parties subjected to armed conflicts would be permitted to use the trust funds primarily if they proved they were compliant (before the eruption of the conflict) with their treaty obligations to secure the right to education according to the Concluding Observations of the crc Committee. There could also be exceptions, depending on the specific circumstances of each case. This mechanism would be advantageous in that it would use the already-existing crc Committee and the expertise and experience of its members and would also increase the accountability of states parties to the crc for their treaty obligations. In this way, it would also tackle a larger problem: the difficulty of imposing states’ accountability for their obligations under human rights law treaties.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"252 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":"127541633","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}

{"title":"Theorising in Educational Children’s Rights Research","authors":"Jenna K. Gillett-Swan, Ann Quennerstedt, Zoe Moody","doi":"10.1163/15718182-31010003","DOIUrl":"https://doi.org/10.1163/15718182-31010003","url":null,"abstract":"\u0000Child rights research has increased since the adoption of the Convention on the Rights of the Child (crc) in 1989. Reviews of the research has indicated a lack of criticality and a reluctance to interrogate or challenge dominant views. Some scholars argue that this results from under theorisation, whereas other maintain that theorisation is abundant. The paradox suggesting that children’s rights research can be both abundant and deficient in theory calls for a thorough discussion about theorisation. This systematic review engages in this debate by exploring what is positioned as “theory” in educational children’s rights research, and what function theory has. Analysis determined that alignment with established theoretical approaches is uncommon. Previous research literature is instead often positioned as theory, mostly in combination with policy, law or an established theory. Main functions of theory are to construct the object of study and to provide analysis support. Some uses of theory appear to be more powerful than others.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"28 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":"125618850","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}

{"title":"Children’s Rights, The Optional Protocol and Child Sexual Abuse Material in the Digital Age","authors":"Francis Maxwell","doi":"10.1163/15718182-30040004","DOIUrl":"https://doi.org/10.1163/15718182-30040004","url":null,"abstract":"\u0000Around the time of the drafting of the Optional Protocol on the sale of children, child prostitution and child pornography, few could have predicted the monumental impact of camera, phone, computer and social media technologies on people’s lives. While these technologies have aided the realisation of many children’s rights, evidence suggests that child sexual abuse material (csam) is more available and in larger quantities than it has ever been in human history. New technologies have made major contributions to this horrifying development. Are the terms of the Optional Protocol able to meet this urgent and rising problem in a way that best ensures children’s rights? Does it ensure that the international community combats this problem without encroaching on the opportunities that digital technologies offer to children today? This article explores both of these questions with reference to the Optional Protocol’s terms, as well as the recent guidelines and General Comment No. 25 issued by the United Nations Committee on the Rights of the Child. It concludes that the Optional Protocol is deficient in prioritising law enforcement responses to csam and failing to ensure prevention initiatives receive adequate attention and resources. Moreover, it finds that the few prevention initiatives for which it does provide are in tension with other aims of the children’s rights project. It argues that the Committee needs to alter its approach in engaging with the reports of States parties so that there can be greater prioritisation of child-centric prevention initiatives.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126918456","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}

{"title":"Realising Māori Children’s Rights","authors":"A. Cleland","doi":"10.1163/15718182-30040001","DOIUrl":"https://doi.org/10.1163/15718182-30040001","url":null,"abstract":"\u0000 This article argues that the principles of the Convention on the Rights of the Child are of limited relevance, when considering Māori children’s rights. It further argues that law and processes recognising Māori children’s rights should be grounded in the principles of the Declaration on the Rights of Indigenous Peoples and the Treaty of Waitangi. The analysis suggests that realising Māori children’s rights will require decolonisation of youth justice and family justice systems, respect for Māori self-determination and the recognition of Māori children’s collective cultural rights.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127335291","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}

{"title":"Children’s Rights and Research Ethics","authors":"H. Stalford, L. Lundy","doi":"10.1163/15718182-30040011","DOIUrl":"https://doi.org/10.1163/15718182-30040011","url":null,"abstract":"This journal has always featured papers presenting the findings of studies directly involving children, and it goes without saying that such research must always meet the highest ethical standards. Having a robust ethical framework in place to guide all stages of the research process is a necessary precondition for research involving children and sits comfortably with a children’s rightsbased approach which honours children’s right to be ‘properly researched’ (Ennew and Plateau, 2004) to be heard on matters that affect their lives, and to be protected in the process (Lundy and McEvoy, 2012). We are fortunate to have an abundance of thoughtful guidance on how to achieve this in practice (Alderson and Morrow, 2020; Graham et al, 2013; Graham et al, 2015). This guidance has been further enriched by an online repository – The Ethics of Research Involving Children (eric) – containing information and resources aimed not only at nurturing international exchange and collaboration, but also at inviting critical reflection on some of the more challenging and contested aspects of child research ethics in different cultural, social, religious, political and economic contexts (http://childethics.com). The International Charter for Ethical Research Involving Children, which has emerged from the eric project, reaffirms our shared commitment to the values and principles underpinning the study of children’s rights and childhood. It has already been signed by dozens of researchers, practitioners, organisations and projects from around the world who are committed to ‘undertaking and supporting high quality ethical research that is respectful of children’s human dignity, rights and wellbeing’. Such statements of principles and practical guidance need to be supported, however, by an institutional commitment and openness to implementing them in practice. We know that many researchers experience deep frustration when","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129368555","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}

{"title":"Isobelle Barrett Meyering Feminism and the making of a child rights revolution 1969-1979","authors":"A. Radovic, Jenna K. Gillett-Swan","doi":"10.1163/15718182-30040010","DOIUrl":"https://doi.org/10.1163/15718182-30040010","url":null,"abstract":"","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133776841","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}

{"title":"Contemplating the Lundy Model as a Framework for Children’s Participation in Peace Negotiations","authors":"Seán Molloy","doi":"10.1163/15718182-30040006","DOIUrl":"https://doi.org/10.1163/15718182-30040006","url":null,"abstract":"\u0000Peace agreements attempt to do more than end war. Ostensibly, they can also serve as the foundation for a new post-conflict state, one underpinned by fairness, equality and inclusion. Ensuring that children’s issues are included in a peace accord is, therefore, viewed as essential for the realisation of their rights in the post-conflict state. Yet there is scant consideration dedicated to understanding or theorising how and whether the perspectives of children can be heard during peace negotiations. This is despite research demonstrating that who is included in peace talks can impact the content of the subsequent peace agreement. This article considers the potential benefits and challenges associated with applying the Lundy Model of child participation to peace negotiations. It argues that while difficulties are likely to exist, this framework could provide a useful starting point for thinking more seriously about the possibilities and avenues that exist for the inclusion of children’s voices during peace talks.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"302 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133502252","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}

{"title":"A Long, Long Journey","authors":"J. Driscoll","doi":"10.1163/15718182-30040002","DOIUrl":"https://doi.org/10.1163/15718182-30040002","url":null,"abstract":"\u0000This article considers the practical implications and effectiveness of a rights-based approach to delivering child protection programming in communities in which notions of children’s rights and child protection concerns may sit awkwardly with pre-existing cultural traditions. It reports on the findings of a qualitative study of child protection practitioners in two poor rural districts of Uganda and uses these to reflect on the key differences between international children’s rights norms as expressed in the United Nations Convention on the Rights of the Child and traditional African values as reflected in the African Charter for the Rights and Welfare of Children. It explores the perceived challenges posed by a children’s rights-based approach to parental authority and community practices in the context of the Ugandan legislation and the culture of the study communities and considers the key factors that appear to be influential in enabling changes in attitudes and behaviours towards children.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121338720","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}