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The Oxford Handbook of Children's Rights Law最新文献

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Child Participation 孩子参与
The Oxford Handbook of Children's Rights Law Pub Date : 2020-04-02 DOI: 10.1093/oxfordhb/9780190097608.013.14
J. Doek
{"title":"Child Participation","authors":"J. Doek","doi":"10.1093/oxfordhb/9780190097608.013.14","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190097608.013.14","url":null,"abstract":"This chapter starts with a critical assessment of the legal foundation of the concept of child participation from the perspective of the UN Convention on the Rights of the Child. It is followed by a discussion of how the right of the child to express her or his views should and could be implemented in the family, school, health care settings, legal proceedings, and in the community and society (public participation) and of the challenges children and others face with this implementation. The chapter concludes with recommendations for further actions that promote and support the participation of children in all areas of their lives.","PeriodicalId":276753,"journal":{"name":"The Oxford Handbook of Children's Rights Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122122689","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: 5
Human Rights Education 人权教育
The Oxford Handbook of Children's Rights Law Pub Date : 2020-04-02 DOI: 10.1093/oxfordhb/9780190097608.013.34
R. Howe, K. Covell
{"title":"Human Rights Education","authors":"R. Howe, K. Covell","doi":"10.1093/oxfordhb/9780190097608.013.34","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190097608.013.34","url":null,"abstract":"This chapter discusses the need for and value of children’s human rights education (HRE). It does so within the normative framework of the UN Convention on the Rights of the Child and related human rights instruments. The chapter discusses the growth of an international movement for HRE, models of HRE, and initiatives for children’s HRE in schools and non-formal education. Such initiatives are scattered and limited in scope. However, where comprehensive children’s rights education is provided, the evidence shows its success in teaching children about, through, and for human rights. It suggests also that children’s HRE can provide the framework for building a culture of human rights. In essence, children’s HRE is consistent with the goals of HRE described by the United Nations. The chapter concludes with a discussion of the lack of political commitment as an overarching challenge for HRE.","PeriodicalId":276753,"journal":{"name":"The Oxford Handbook of Children's Rights Law","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128296440","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
Trafficked Children 被拐儿童
The Oxford Handbook of Children's Rights Law Pub Date : 2020-04-02 DOI: 10.1093/oxfordhb/9780190097608.013.31
Mike Dottridge
{"title":"Trafficked Children","authors":"Mike Dottridge","doi":"10.1093/oxfordhb/9780190097608.013.31","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190097608.013.31","url":null,"abstract":"This chapter considers who trafficked children are, how many, and for what forms of exploitation they are recruited or exploited. Trafficked children not only make money for others in commercial sex; they also make a profit for others by begging or stealing and in a range of labor sectors. The chapter highlights the different state interpretations of what constitutes child trafficking, emphasizing that independent child migrants should not be regarded as trafficking victims. It reviews the protection and assistance to which trafficked children are entitled and contrasts this with what happens in practice. Although international and domestic law has advanced considerably since 2000, making it possible to punish more traffickers, the chapter concludes by noting that trafficked children face immense challenges in getting access to justice.","PeriodicalId":276753,"journal":{"name":"The Oxford Handbook of Children's Rights Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122159549","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
Independent Children 独立的孩子
The Oxford Handbook of Children's Rights Law Pub Date : 2020-04-02 DOI: 10.1093/oxfordhb/9780190097608.013.30
J. Sloth-Nielsen, Katrien Klep
{"title":"Independent Children","authors":"J. Sloth-Nielsen, Katrien Klep","doi":"10.1093/oxfordhb/9780190097608.013.30","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190097608.013.30","url":null,"abstract":"This chapter explores the notion of independent children, a concept that goes against the grain of prevailing constructions of childhood that underpin legal frameworks across the globe. Independent children find themselves in a specific unfavorable relationship to such legal frameworks, which fail to protect them—or even criminalize them. This chapter looks at the notion of independent children, especially children in street situations, child-headed households, and married children, from a child-rights perspective. A child-rights perspective takes into account root causes and power inequalities in societies and looks to evolving capacities of children and their agency. The chapter hones in on state obligations under the UN Convention of the Rights of the Child toward children in such situations and concludes that especially non-discrimination; social, economic, and cultural rights; and the right to be heard are crucial elements for a legal framework that supports independent children in shaping their lives and exercising their rights.","PeriodicalId":276753,"journal":{"name":"The Oxford Handbook of Children's Rights Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127923769","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
Juvenile Justice 少年司法
The Oxford Handbook of Children's Rights Law Pub Date : 2020-04-02 DOI: 10.1093/oxfordhb/9780190097608.013.15
T. Liefaard
{"title":"Juvenile Justice","authors":"T. Liefaard","doi":"10.1093/oxfordhb/9780190097608.013.15","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190097608.013.15","url":null,"abstract":"Juvenile justice is a children’s rights issue. This chapter sheds light on the international children’s rights framework for juvenile justice and elaborates on its implications for juvenile justice systems at the domestic level. It discusses the comprehensive nature of the international legal framework and addresses key implementation challenges in light of the complexity of and controversies inherently related to juvenile justice. In doing so, the chapter shows there are specific challenges that ought to be recognized in order to enhance the protection of children in conflict with the law and secure a fair and child-specific approach. At the same time, it points at the progress made since adoption of the UN Convention on the Rights of the Child (CRC), which justifies the conclusion that the future of children’s rights implementation in the context of juvenile justice is a hopeful one.","PeriodicalId":276753,"journal":{"name":"The Oxford Handbook of Children's Rights Law","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130518049","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 in Armed Conflict 武装冲突中的儿童
The Oxford Handbook of Children's Rights Law Pub Date : 2020-04-02 DOI: 10.1093/oxfordhb/9780190097608.013.32
M. Drumbl
{"title":"Children in Armed Conflict","authors":"M. Drumbl","doi":"10.1093/oxfordhb/9780190097608.013.32","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190097608.013.32","url":null,"abstract":"This chapter addresses a particularly vulnerable population of children, namely, children associated with armed forces or armed groups. These children are colloquially known as child soldiers. This chapter begins by surveying the prevalence of child soldiering globally. It then sets out the considerable amount of international law that addresses children in armed conflict, in particular, the law that allocates responsibility for child soldiering and the law that sets out the responsibility of child soldiers for their conduct. The chapter identifies significant gaps between the law and the securing of positive outcomes for former child soldiers, notably when it comes to post-conflict reintegration. The protective impulse that envisions militarized youth as faultless passive victims may not always reflect how youthful fighters see themselves nor necessarily support an emancipatory and empowering vision of how international law should promote the rights of children.","PeriodicalId":276753,"journal":{"name":"The Oxford Handbook of Children's Rights Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121676941","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
Indigenous Children 土著儿童
The Oxford Handbook of Children's Rights Law Pub Date : 2020-04-02 DOI: 10.1093/oxfordhb/9780190097608.013.28
A. Rolnick
{"title":"Indigenous Children","authors":"A. Rolnick","doi":"10.1093/oxfordhb/9780190097608.013.28","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190097608.013.28","url":null,"abstract":"This chapter considers the major international law instruments that protect the rights of indigenous children. Indigenous children are situated at the intersection of children’s rights, indigenous peoples’ rights, and minority rights against discrimination. A robust corpus of international law has developed in each of these areas, but none were developed to protect indigenous children specifically. The chapter considers the rights protected by all three regimes as they apply to indigenous children, including analyses of the UN Declaration on the Rights of Indigenous Peoples, International Labor Organisation Convention No. 169, the UN Convention on the Rights of the Child, the International Convention on the Elimination of All Forms of Racial Discrimination, and the work of treaty bodies. It considers how rights protected by each regime interact, as well as the tensions and gaps that remain. It describes the potential breadth of international law protections and the limited evidence of implementation. It also discusses the interrelationship between collective and individual rights concepts for indigenous children.","PeriodicalId":276753,"journal":{"name":"The Oxford Handbook of Children's Rights Law","volume":"324 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122627562","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
The Best Interests of the Child 儿童的最大利益
The Oxford Handbook of Children's Rights Law Pub Date : 2020-03-31 DOI: 10.1017/9781108684460.003
W. Vandenhole, Gamze Erdem Türkelli
{"title":"The Best Interests of the Child","authors":"W. Vandenhole, Gamze Erdem Türkelli","doi":"10.1017/9781108684460.003","DOIUrl":"https://doi.org/10.1017/9781108684460.003","url":null,"abstract":"The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.","PeriodicalId":276753,"journal":{"name":"The Oxford Handbook of Children's Rights Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130762705","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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