发布求助
文献互助 智能选刊 最新文献

International Journal of Childrens Rights最新文献

筛选
英文 中文
No Weight for “Due Weight”? A Children’s Autonomy Principle in Best Interest Proceedings “适当重量”没有重量？最佳利益诉讼中的儿童自主原则
IF 1.7
International Journal of Childrens Rights Pub Date : 2018-03-07 DOI: 10.1163/15718182-02601012
A. Daly
{"title":"No Weight for “Due Weight”? A Children’s Autonomy Principle in Best Interest Proceedings","authors":"A. Daly","doi":"10.1163/15718182-02601012","DOIUrl":"https://doi.org/10.1163/15718182-02601012","url":null,"abstract":"Article 12 of the un Convention on the Rights of the Child ( crc ) stipulates that children should have their views accorded due weight in accordance with age and maturity, including in proceedings affecting them. Yet there is no accepted understanding as to how to weigh children’s views, and it is associated strongly with the indeterminate notion of “competence”. In this article, case law and empirical research is drawn upon to argue that the concept of weighing their views has been an obstacle to children’s rights, preventing influence on outcomes for children in proceedings in which their best interests are determined. Younger children and those whose wishes incline against the prevailing orthodoxy (they may resist contact with a parent, for example) particularly lose out. Children’s views appear only to be given “significant weight” if the judge agrees with them anyway. As it is the notion of autonomy which is prioritised in areas such as medical and disability law and parents’ rights, it is proposed in this article that a children’s autonomy principle is adopted in proceedings – in legal decisions in which the best interest of the child is the primary consideration, children should get to choose, if they wish, how they are involved and the outcome, unless it is likely that significant harm will arise from their wishes. They should also have “autonomy support” to assist them in proceedings. This would likely ensure greater influence for children and require more transparent decision-making by adults.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2018-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02601012","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46037888","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: 14
Delaying Pre-trial Therapy to Child Victims of Sexual Abuse: An Unfounded Prevailing Culture in South Africa? 推迟对儿童性虐待受害者的审前治疗:南非一种毫无根据的流行文化?
IF 1.7
International Journal of Childrens Rights Pub Date : 2017-11-17 DOI: 10.1163/15718182-02503002
Daniël F. Fouché, A. Fouché
{"title":"Delaying Pre-trial Therapy to Child Victims of Sexual Abuse: An Unfounded Prevailing Culture in South Africa?","authors":"Daniël F. Fouché, A. Fouché","doi":"10.1163/15718182-02503002","DOIUrl":"https://doi.org/10.1163/15718182-02503002","url":null,"abstract":"Due to the statutory obligation to report child sexual abuse to the authorities, children in South Africa are increasingly called to testify in criminal proceedings. A recent qualitative study found that South African parents and social workers are often advised by legal professionals to postpone pre-trial therapy (therapy provided to child witnesses prior to testimony) until after the child’s testimony, based on concerns that therapy could contaminate the child’s version of events, and might ultimately lead to an acquittal of the accused. In this study, the authors analysed selected authoritative documents to explore whether or not any directives exist in respect of the provision of pre-trial therapy to child victims of sexual abuse in South Africa. Our findings suggest that none of the authoritative documents included in our document review specifically mention the rendering of pre-trial therapy to child victims of sexual abuse. Recommendations for policy reform and research are made.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02503002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42304002","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
Solitary Confinement within Juvenile Detention Centres in Western Australia 西澳大利亚州青少年拘留中心的单独监禁
IF 1.7
International Journal of Childrens Rights Pub Date : 2017-11-17 DOI: 10.1163/15718182-02503007
Llifen Palacios Nunez, A. Copeland
{"title":"Solitary Confinement within Juvenile Detention Centres in Western Australia","authors":"Llifen Palacios Nunez, A. Copeland","doi":"10.1163/15718182-02503007","DOIUrl":"https://doi.org/10.1163/15718182-02503007","url":null,"abstract":"This article examines the use of solitary confinement of juveniles within the Western Australian justice system. Examining the legal framework, it points to the issues of inadequate accountability and oversight. Often manifesting itself under different names such as regression or simply confinement, it still results in extended periods of social isolation, minimal environmental stimulation and minimal opportunity for social interaction.The negative consequences of such confinement on children and young people are briefly examined before it is considered within the international human rights framework, specifically, in light of Australia’s international obligations and their stated commitment to the Convention on the Rights of the Child, the Beijing Rules and Havana Guidelines.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02503007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44577050","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
An African and International Perspective on Children’s Rights 非洲和国际对儿童权利的看法
IF 1.7
International Journal of Childrens Rights Pub Date : 2017-11-17 DOI: 10.1163/15718182-02503005
Philip E. Veerman
{"title":"An African and International Perspective on Children’s Rights","authors":"Philip E. Veerman","doi":"10.1163/15718182-02503005","DOIUrl":"https://doi.org/10.1163/15718182-02503005","url":null,"abstract":"On the occasion of continuation of The International Journal of Children’s Rights with two eminent new Editors-in-Chief, the founder of this Journal (Dr. Philip Veerman) interviewed a rising star of children’s rights: Dr. Benyam Dawit Mezmur (born in 1980 in Addis Ababa). Mezmur was elected at 30 years of age to the African Committee of Experts on the Rights and Welfare of the Child ( ACERWC Committee) of the African Union ( AU ). Dr. Mezmur stands out not only by his great diplomatic skills, but also because he is a real builder. For instance, during his tenure as Chairperson of ACERWC this Committee obtained greater visibility for its work and secured a separate budget from the African Union Commission. Dr. Mezmur’s vision and hard work contributed much to a new situation in which many colleagues in the children’s rights field recognise that the ACERWC Committee is now doing significant and unique work of which the added value (next to the UN Committee on the Rights of the Child, the CRC Committee) has become clear. Dr. Mezmur was elected on 18 December 2012 (at 32 years of age) as a member of the CRC Committee and in May 2013 he became the Vice-Chair of the CRC Committee. From May 2015 until May 2017 he served with great dedication as Chairperson of the CRC Committee. This unique combination of two different key posts led to interesting observations on developments in the children’s rights field. Through the interview we have a rare look behind the scenes of two important committees on children’s rights.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02503005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41462712","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
Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes 儿童参与：克服新西兰家庭法院和庭外纠纷解决程序之间的差距
IF 1.7
International Journal of Childrens Rights Pub Date : 2017-11-17 DOI: 10.1163/15718182-02503004
N. Taylor
{"title":"Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes","authors":"N. Taylor","doi":"10.1163/15718182-02503004","DOIUrl":"https://doi.org/10.1163/15718182-02503004","url":null,"abstract":"This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02503004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49506483","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: 6
Human Rights in Children’s Literature: Imagination and the Narrative of Law , written by Jonathan Todres and Sarah Higinbotham 儿童文学中的人权：想象与法律叙事
IF 1.7
International Journal of Childrens Rights Pub Date : 2017-11-17 DOI: 10.1163/15718182-02503012
S. Paoletti
{"title":"Human Rights in Children’s Literature: Imagination and the Narrative of Law , written by Jonathan Todres and Sarah Higinbotham","authors":"S. Paoletti","doi":"10.1163/15718182-02503012","DOIUrl":"https://doi.org/10.1163/15718182-02503012","url":null,"abstract":"","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02503012","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45039257","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
De-colonising Human Rights: Customary Justice and Child Protection in Papua New Guinea 去殖民化人权：巴布亚新几内亚的习惯司法和儿童保护
IF 1.7
International Journal of Childrens Rights Pub Date : 2017-11-17 DOI: 10.1163/15718182-02503003
M. Paton
{"title":"De-colonising Human Rights: Customary Justice and Child Protection in Papua New Guinea","authors":"M. Paton","doi":"10.1163/15718182-02503003","DOIUrl":"https://doi.org/10.1163/15718182-02503003","url":null,"abstract":"This article argues that the potential contribution of customary justice systems to the realisation of human rights has been under-investigated, under-acknowledged and under-utilised, primarily due to historical and lingering colonial attitudes within the international community. The article focuses on the example of child protection in Papua New Guinea, a country where customary justice is the only accessible form of justice for the vast majority of the population. Some of the article’s recommendations may also be applicable in other societies. The article examines potential reasons for the reluctance of the international community to recognise and support customary justice systems in the implementation of human rights. The article argues that the application of customary justice constitutes a cultural right, and potentially offers some superior human rights practices from which the international community could learn and benefit.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02503003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45505796","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 Holy See: The Government of the Catholic Church: What is the Nature of the Holy See’s Obligation under the United Nations Convention on the Rights of the Child? 罗马教廷:天主教会政府:罗马教廷根据《联合国儿童权利公约》所承担的义务的性质是什么?
IF 1.7
International Journal of Childrens Rights Pub Date : 2017-11-17 DOI: 10.1163/15718182-02503011
Tseday Gizaw Hailu
{"title":"The Holy See: The Government of the Catholic Church: What is the Nature of the Holy See’s Obligation under the United Nations Convention on the Rights of the Child?","authors":"Tseday Gizaw Hailu","doi":"10.1163/15718182-02503011","DOIUrl":"https://doi.org/10.1163/15718182-02503011","url":null,"abstract":"The Holy See ratified the United Nations Convention on the Rights of the Child ( CRC ) in its dual personae as the government of the Catholic Church, and as the government of Vatican City State ( VCS ). The extent of the Holy See’s obligations under the CRC in its former capacity is a current international debate, and the focus of this paper. The Committee on the Rights of the Child in its recent review process concluded that by ratifying the CRC , the Holy See committed to its implementation, not only within the territory of VCS , but worldwide on behalf of Catholics “under its authority.” Conversely, the Holy See restricts its duty to that of the transmission of moral principles recognised in the CRC to all people. This paper critically reviews the Committee’s concluding observations on the Holy See’s second periodic report, and ends by presenting possible alternatives to the Committee’s recommendations.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02503011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47007818","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
The Representation of Children’s Views in Finnish Court Decisions Regarding Care Orders 芬兰法院关于照料令判决中儿童意见的表述
IF 1.7
International Journal of Childrens Rights Pub Date : 2017-11-17 DOI: 10.1163/15718182-02503009
Tarja Pösö, Rosi Enroos
{"title":"The Representation of Children’s Views in Finnish Court Decisions Regarding Care Orders","authors":"Tarja Pösö, Rosi Enroos","doi":"10.1163/15718182-02503009","DOIUrl":"https://doi.org/10.1163/15718182-02503009","url":null,"abstract":"The article examines the representation of children’s views in Finnish court decisions regarding care orders. It explores how written court decisions recognise, address and use children’s views in care order decisions and compares the results with a similar study conducted in Norway. In the literature, both countries are portrayed as having a child-orientated child welfare system. Based on the analysis of 36 court decisions in Finland, it is argued that children’s views are narrowly represented and used in written court decisions of care orders. Three models emerged: the direct and indirect representation of children’s views and the absence of children’s views. The first model is strongly related to the child’s age.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02503009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47125578","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: 13
Being Children: Children’s Voices on Childhood 作为儿童:儿童的童年之声
IF 1.7
International Journal of Childrens Rights Pub Date : 2017-11-17 DOI: 10.1163/15718182-02503006
C. Cassidy, S. Conrad, marie-france daniel, Maria Figueroia-Rego, W. Kohan, K. Murris, Xiaoling Wu, Tsena Zhelyazkova
{"title":"Being Children: Children’s Voices on Childhood","authors":"C. Cassidy, S. Conrad, marie-france daniel, Maria Figueroia-Rego, W. Kohan, K. Murris, Xiaoling Wu, Tsena Zhelyazkova","doi":"10.1163/15718182-02503006","DOIUrl":"https://doi.org/10.1163/15718182-02503006","url":null,"abstract":"Situated in the context of the children’s rights, this article reports on a study involving children from eleven countries and five continents in philosophical discussions about child and childhood. Here we focus on five of those countries. In a previous study, two of the authors explored in what kind of society children would like to live. The present study addresses directly one of the issues arising from that study: to investigate what children think childhood is and their place in society. The study raises issues around children’s participation related to their conceptions of child and childhood.","PeriodicalId":46399,"journal":{"name":"International Journal of Childrens Rights","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2017-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718182-02503006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45944452","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: 12
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信