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The International Journal of Children’s Rights最新文献

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All Care, No Responsibility 只有关心，没有责任
The International Journal of Children’s Rights Pub Date : 2022-08-22 DOI: 10.1163/15718182-30030001
Afrooz Kaviani Johnson
{"title":"All Care, No Responsibility","authors":"Afrooz Kaviani Johnson","doi":"10.1163/15718182-30030001","DOIUrl":"https://doi.org/10.1163/15718182-30030001","url":null,"abstract":"\u0000This article examines the duties imposed by international law and domestic legislation to facilitate the reporting of child abuse. With a focus on mandatory reporting legislation in four countries in Eastern and Southern Africa, the article fills a gap in existing literature which largely focuses on the “Global North”. The article elaborates on the complexities of introducing mandatory reporting in countries where the formal capacity to respond to child abuse is constrained and where child protection legislation may not align with the socio-cultural reality. The article posits that mandatory reporting legislation is useful in that it contributes towards an enabling environment to end violence against children. However, such legislation may be tokenistic and potentially undermine the rule of law if it is not accompanied by strengthening of systems of protection and addressing any conflict between formal and informal systems.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130741020","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 Invisible Child 看不见的孩子
The International Journal of Children’s Rights Pub Date : 2022-08-22 DOI: 10.1163/15718182-30030006
Katrin Kriẑ, J. Krutzinna, Tarja Pösö, Marit Skivenes
{"title":"The Invisible Child","authors":"Katrin Kriẑ, J. Krutzinna, Tarja Pösö, Marit Skivenes","doi":"10.1163/15718182-30030006","DOIUrl":"https://doi.org/10.1163/15718182-30030006","url":null,"abstract":"\u0000We know little about how children are portrayed in care order cases. Using a Child Equality Perspective (cep), which demands the child’s presence in proceedings even for children who are not capable of partaking fully in the decision-making process, we examine a sample of 216 judgments from 8 countries involving 220 infants. Our study reveals that the children remain largely invisible, but with clear country differences. Children’s invisibility constitutes a fundamental obstacle for children being “equal” in the judgments that will shape the child’s future. This invisibility raises concerns about the quality of the judicial decisions about the child’s best interest.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"19 17-19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133192544","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: 3
Child Soldiers Caught in a Cultural Kaleidoscope 陷入文化万花筒的儿童兵
The International Journal of Children’s Rights Pub Date : 2022-08-22 DOI: 10.1163/15718182-30030005
Wendy De Bondt, Rozelien Van Erdeghem
{"title":"Child Soldiers Caught in a Cultural Kaleidoscope","authors":"Wendy De Bondt, Rozelien Van Erdeghem","doi":"10.1163/15718182-30030005","DOIUrl":"https://doi.org/10.1163/15718182-30030005","url":null,"abstract":"\u0000Child participation in armed conflicts continues to challenge societies. Many diverging opinions and (perceived) legislative inconsistencies can be brought back to cultural differences spread over three axes. First, the recognition of child competence and their right to decide to participate in an armed conflict, differs significantly across and even within cultures. Second, the notion of “child” in child soldiers is conceptualised differently. Third, questions concerning their criminal liability for acts committed whilst being a child soldier continue to be fiercely debated. The question arises whether it is possible to draft a solid legal framework, recognising the vast cultural diversities.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"247 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121976348","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
Children’s Objections in Hague Child Abduction Convention Proceedings in Australia and the “Strength of Feeling” Requirement 澳大利亚《海牙儿童诱拐公约》诉讼中儿童的异议与“情感强度”要求
The International Journal of Children’s Rights Pub Date : 2022-08-22 DOI: 10.1163/15718182-30030010
Michelle Fernando
{"title":"Children’s Objections in Hague Child Abduction Convention Proceedings in Australia and the “Strength of Feeling” Requirement","authors":"Michelle Fernando","doi":"10.1163/15718182-30030010","DOIUrl":"https://doi.org/10.1163/15718182-30030010","url":null,"abstract":"\u0000The Hague Convention on the Civil Aspects of International Child Abduction creates an exception to the mandatory return of abducted children if the child objects to being returned to their country of habitual residence and has attained an age and degree of maturity at which it is appropriate to take account of their views. The Australian regulations also require that the child’s objection demonstrates a ‘strength of feeling beyond the mere expression of a preference or of ordinary wishes.’ This article examines this unique requirement and how it has been approached by the Family Court. It finds that many Australian judges treat the “strength of feeling” requirement as an additional hurdle that children must overcome before their objection can be taken into account. This approach is contrary to Australia’s international obligations under the Convention. A less restrictive approach, which some other judges follow, is recommended to ensure that the Convention’s primary objective of protecting children is met.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126605939","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: 2
Human Rights Group Intervention in Primary School 人权团体在小学的介入
The International Journal of Children’s Rights Pub Date : 2022-08-22 DOI: 10.1163/15718182-30030008
Vaia Stavrou, Andreas Brouzos, Stephanos P. Vassilopoulos, V. Koutras
{"title":"Human Rights Group Intervention in Primary School","authors":"Vaia Stavrou, Andreas Brouzos, Stephanos P. Vassilopoulos, V. Koutras","doi":"10.1163/15718182-30030008","DOIUrl":"https://doi.org/10.1163/15718182-30030008","url":null,"abstract":"\u0000Human rights education at school has a positive social and educational impact on children. The aim of the present study was to evaluate the effectiveness of a 12-week pilot human rights education programme. Participants were Greek primary school students (n = 152) divided into intervention (n = 91) and control (n = 61) groups. One week before the implementation of the programme and one week after its termination all study participants completed a written questionnaire regarding their knowledge of rights, school engagement, perceptions of the school environment characteristics, interpersonal relationships, empathy, school liking, school avoidance and loneliness. Members of the intervention group repeated the completion process two months later. The results showed that the intervention significantly improved the participants’ knowledge of rights, attentiveness, sense of school belonging, perceptions of student-centered learning process, emotional support, and school liking, while school avoidance and loneliness were significantly reduced. The study’s implications are discussed.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125901997","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
Youth Justice, Community Safety and Children’s Rights in Australia 澳大利亚的青年司法、社区安全和儿童权利
The International Journal of Children’s Rights Pub Date : 2022-08-22 DOI: 10.1163/15718182-30030009
T. Walsh, Robin Fitzgerald
{"title":"Youth Justice, Community Safety and Children’s Rights in Australia","authors":"T. Walsh, Robin Fitzgerald","doi":"10.1163/15718182-30030009","DOIUrl":"https://doi.org/10.1163/15718182-30030009","url":null,"abstract":"\u0000Australian children have few legal rights and in the context of youth justice, community safety tends to be prioritised over the best interests and wellbeing of children. “Tough on crime” approaches to youth justice law and policy have been influenced by penal populism, whilst the voices of practitioners who work with young people who commit offences remain largely ignored. We interviewed 92 practitioners who work in criminal law settings in a low socioeconomic area in Queensland, Australia, to ascertain their views on the effectiveness of criminal law interventions in their community. Practitioners recognised the need to ensure the safety of the community when dealing with the offending behaviour of children, but they felt that current criminal law responses do not achieve this goal. Instead, they were in favour of interventions that prioritised children’s wellbeing so that the causes of their offending behaviour were addressed. Whilst they did not use rights-based language, their suggestions for reform were consistent with the protection of children’s fundamental rights as recognised by international law.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129651405","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
Claire Fenton-Glynn, Children and the European Court of Human Rights Claire Fenton-Glynn，儿童和欧洲人权法庭
The International Journal of Children’s Rights Pub Date : 2022-06-06 DOI: 10.1163/15718182-30020013
S. Hoffman
{"title":"Claire Fenton-Glynn, Children and the European Court of Human Rights","authors":"S. Hoffman","doi":"10.1163/15718182-30020013","DOIUrl":"https://doi.org/10.1163/15718182-30020013","url":null,"abstract":"","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128479199","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
Forced Return of Embedded Asylum-Seeking Families with Children to Armenia from a Children’s Rights Perspective 从儿童权利的角度看有儿童的境内寻求庇护家庭被迫返回亚美尼亚
The International Journal of Children’s Rights Pub Date : 2022-06-06 DOI: 10.1163/15718182-30020003
A. Zijlstra, Grytsje T. Bonhage-Talsma, W. Post, M. Kalverboer
{"title":"Forced Return of Embedded Asylum-Seeking Families with Children to Armenia from a Children’s Rights Perspective","authors":"A. Zijlstra, Grytsje T. Bonhage-Talsma, W. Post, M. Kalverboer","doi":"10.1163/15718182-30020003","DOIUrl":"https://doi.org/10.1163/15718182-30020003","url":null,"abstract":"\u0000Asylum-seeking families with children can be forced to return to their country of origin after staying several years in the Netherlands. The best interests of the child should play a role in return decisions. It is unclear whether the development of these children is threatened after forced return. This study aims to gain insight from a children’s rights perspective into the situation of children who were forced to return to Armenia. Data were collected by semi-structured interviews with 17 children and their parents. Results show that children are negative about their lives in Armenia after forced return. They experience psychosocial, identity and physical problems. Access to basic needs, care and education is limited. The parents’ emotional availability decreases. From a children’s rights perspective, it can be concluded that the decision to return children in this study did not meet their developmental needs, their best interests and children’s rights are contravened.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134234364","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
Innocent and Forgotten: Arresting Mothers and the Consequences for their Children 《无辜与被遗忘:逮捕母亲及其子女的后果》
The International Journal of Children’s Rights Pub Date : 2022-06-06 DOI: 10.1163/15718182-30020009
P. ter Vrugt, D. L. F. de Vocht
{"title":"Innocent and Forgotten: Arresting Mothers and the Consequences for their Children","authors":"P. ter Vrugt, D. L. F. de Vocht","doi":"10.1163/15718182-30020009","DOIUrl":"https://doi.org/10.1163/15718182-30020009","url":null,"abstract":"\u0000The arrest of a mother may have far reaching consequences for her child(ren). This article discusses the question whether in Dutch criminal proceedings these potential effects are sufficiently taken into account before, during and after the mother’s arrest. In order to answer this question, the potential negative effects the arrest may have on the children involved will be discussed. Next, attention will be paid to the international and European legal frameworks and their relevance for arresting mothers. The right of the child to be informed about the arrest, and European case law concerning the arrest of parents in the presence of their children, will be discussed. Finally, a critical analysis will be given of how the arrest of mothers is dealt with according to Dutch law and practice. Practical experiences will be drawn from fieldwork conducted in two Dutch detention centres.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130862987","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
‘They Class Me as a Child because I’m 15. But They Don’t Want Me at the Kid’s Club’: Towards Rights Respecting Refuges for Teenagers “他们把我归类为儿童，因为我15岁了。但他们不想让我去儿童俱乐部”:尊重青少年避难所的权利
The International Journal of Children’s Rights Pub Date : 2022-06-06 DOI: 10.1163/15718182-30020011
K. Bracewell, C. Larkins, N. Stanley
{"title":"‘They Class Me as a Child because I’m 15. But They Don’t Want Me at the Kid’s Club’: Towards Rights Respecting Refuges for Teenagers","authors":"K. Bracewell, C. Larkins, N. Stanley","doi":"10.1163/15718182-30020011","DOIUrl":"https://doi.org/10.1163/15718182-30020011","url":null,"abstract":"\u0000Teenagers participating in a series of interviews over the course of their stay in domestic violence refuges described difficulties associated with the constraints of refuge life. Twenty young people reported experiences that connect to and challenge UN Convention on the Rights of the Child provisions and provide guidance on how refuges might strengthen their response and meet obligations to respect, protect and promote teenagers’ rights. Recognition of teenage refuge experience is needed, alongside the provision of space, independence and privacy; support to recover from domestic violence and abuse; involvement in leisure activities; educational support; access to computers and online information; and increased opportunities for individual and collective decision making. The findings contribute to growing evidence that policy makers and other duty bearers need to develop adequate resourcing, attitudinal change, practice guidance, dedicated support, active engagement and participation, and collaborative work between agencies. Implementation strategies are also discussed.","PeriodicalId":217193,"journal":{"name":"The International Journal of Children’s Rights","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114885093","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
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