儿童的权利

A. LeBas
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In several developing countries, the use of child labor has decreased substantially due to international pressure and the adoption of children's rights conventions. In most cases, well-intentioned regulations have resulted in a further erosion of children's living standards and the pushing of children into more informal and dangerous occupations. Within the international community, there now seems to be a greater appreciation of the lack of \"fit\" between local context and treaties negotiated at the international level. The UN Convention on the Rights of the Child (CRC) and the International Labour Organization's (ILO) Worst Forms of Child Labour Convention (ILO Convention 182), both drafted to allow for greater flexibility for implementing countries, will ultimately be judged according to how well they remedy this lack of fit. In different ways, the two volumes under consideration here address themselves to this tension between the local and the international. 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引用次数: 0

摘要

《儿童权利》,裘德·费尔南多主编(美国政治与社会科学院年鉴特刊,2001年5月)。儿童贫困和虐待问题占据了国际社会讨论的一个奇怪的无人区,既无处不在,又处于次要地位。对儿童权利的滥用——通过童工、利用儿童作为战斗人员和城市贫困——贯穿了大多数关于全球化、经济发展、民主化、难民问题和冲突的讨论。然而,发展中世界儿童生活的实际情况只是不完全了解,导致所采取的政策往往非常无效,在文化上也不适当。这种脱节在打击童工的国际努力中得到了很好的反映。在一些发展中国家,由于国际压力和通过了儿童权利公约,使用童工的情况已大大减少。在大多数情况下,本意良好的条例导致儿童的生活水平进一步下降,并迫使儿童从事更非正式和更危险的职业。在国际社会内,现在似乎更加认识到当地情况与国际一级谈判的条约之间缺乏“契合”。《联合国儿童权利公约》(CRC)和国际劳工组织(ILO)的《最恶劣形式童工公约》(ILO第182号公约)的起草都是为了给实施国提供更大的灵活性,最终评判标准将取决于它们在多大程度上弥补了这种不合适的地方。在这里考虑的两卷书以不同的方式解决了当地和国际之间的紧张关系。第一篇研究了发展中国家越来越多的街头儿童,这是童工辩论中经常被忽视的一个方面。作者雄心勃勃地尝试丰富的民族志描述和更抽象的、侧重于一般原因和治疗的政策导向的分析。第二卷是一系列文章,为制定一项更加细致和具有文化敏感性的儿童权利国际战略提出了理由。在过去的二十年里,发展中国家城市中心的街头儿童数量激增,儿童无家可归现象现在已经蔓延到非洲和拉丁美洲的部分地区,而这些地区以前并不常见。这种增长的根本原因尚未得到充分解释,而街头儿童的生活方式——他们所处的社会结构、他们所形成的应对机制和策略——也同样不清楚。《肯尼亚街头儿童:寻找童年的儿童之声》是由一位美国社会学家和两位肯尼亚社会科学家合著的,这本书与书名所暗示的并不完全一样。基尔布赖德、苏达和恩杰鲁已经包括了人们所期望的人种学访谈,但他们通过小型焦点小组讨论和涉及内罗毕1万至3万街头儿童中的400人的大规模调查来补充深入的信息证词。出色的前两章列出了作者的研究设计,并就非洲城市中街头儿童数量稳步增长的原因提出了一些具有挑衅性的假设。后来的章节随意地转向肯尼亚的文化传统、调查结果和作者主要线人的简短传记;不幸的是,只有在最后一章中,作者才回到引言中提出的一般性问题。与这一类型的其他书籍不同,作者们确实努力阐述了政策含义并提出了改进建议;然而,这些建议相当笼统,没有考虑到目前非洲情况的限制。基尔布赖德、苏达和恩杰鲁认为,街头儿童数量上升的根源在于经济和社会条件,这些条件给肯尼亚的文化传统和家庭结构带来了巨大的变化。…
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Children's Rights
Children's Rights Edited by Jude Fernando (Special issue of the Annals of the American Academy of Political and Social Science, May 2001) The issues of child poverty and mistreatment occupy that strange no-man's land of discourse in the international community, simultaneously ever-present and peripheral. The abuse of children's rights -- through child labor, the use of children as combatants, and urban poverty -- strings through most discussions of globalization, economic development, democratization, refugee issues, and conflict. However, the on-the-ground realities of children's lives in the developing world are only incompletely understood, leading to the adoption of policies that are often grossly ineffective and culturally inappropriate. This disconnect is well reflected in international efforts to fight child labor. In several developing countries, the use of child labor has decreased substantially due to international pressure and the adoption of children's rights conventions. In most cases, well-intentioned regulations have resulted in a further erosion of children's living standards and the pushing of children into more informal and dangerous occupations. Within the international community, there now seems to be a greater appreciation of the lack of "fit" between local context and treaties negotiated at the international level. The UN Convention on the Rights of the Child (CRC) and the International Labour Organization's (ILO) Worst Forms of Child Labour Convention (ILO Convention 182), both drafted to allow for greater flexibility for implementing countries, will ultimately be judged according to how well they remedy this lack of fit. In different ways, the two volumes under consideration here address themselves to this tension between the local and the international. The first examines the growing number of street children in the developing world, a commonly neglected aspect of the child labor debate. The authors ambitiously attempt both rich ethnographic description and a more abstract, policy-oriented analysis focused on general causes and cures. The second volume, a collection of articles, makes a case for a more nuanced and culturally-sensitive international strategy on children's rights. The number of street children in the urban centers of the developing world has exploded in the past two decades, and child homelessness has now spread to parts of Africa and Latin America where it had previously been uncommon. The root causes of this increase have yet to be adequately explained, and the ways in which street children live -- the social structures in which they are embedded, the coping mechanisms and strategies they develop -- remain similarly murky. Street Children in Kenya: Voices of Children in Search of a Childhood, co-authored by an American sociologist and two Kenyan social scientists, is not exactly the book its title might suggest. Kilbride, Suda and Njeru have included the ethnographic interviews one would expect, but they supplement in-depth informant testimony with small focus group discussions and a large-scale survey involving 400 of Nairobi's 10 thousand to 30 thousand street children. The excellent first two chapters lay out the authors' research design and offer a number of provocative hypotheses about why numbers of street children in Africa's cities have steadily increased. Later chapters haphazardly turn to Kenyan cultural traditions, survey findings, and short biographies of the authors' key informants; unfortunately, only in the final chapter do the authors return to the general questions laid out in the introduction. Unlike other books in this genre, the authors do make an effort to lay out policy implications and suggest improvements; however, these suggestions are quite general and do not take account of the constraints of the current African context. Kilbride, Suda and Njeru argue that the origins of rising numbers of street children lie in economic and social conditions that have brought about drastic changes in Kenyan cultural traditions and family structure. …
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