Conclusions

2020 ◽  
pp. 393-400
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
European Convention ◽  
Child Rights ◽  
Margin Of Appreciation ◽  
Participation Rights ◽  
Future Challenges ◽  
The Many

This chapter summarises how, as an instrument for the protection of children’s rights, the European Convention on Human Rights has come a long way from its limited beginnings in 1950, and the many achievements of the Court in enforcing and progressing children’s rights, both in terms of substantive rights and procedural safeguards. However, it also acknowledges the deficiencies of the Convention as a child rights instrument, noting in particular the lack of strong participation rights for children, the focus on ‘best interests’ rather than rights, and the emphasis placed on the margin of appreciation. Finally, the chapter outlines possible future challenges for children’s rights before the Court.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

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.

Toward a More Youthful Democracy

2021 ◽  
pp. 141-160
Author(s):  
Richard P. Hiskes
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Citizenship Rights ◽  
Group Rights ◽  
Economic Rights ◽  
Structural Inequality ◽  
Rights Issues

This concluding chapter begins with a discussion of how the global coronavirus pandemic called attention to children’s rights issues, specifically in how children were not allowed to participate in decisions directly affecting their “best interests,” as required by CRC. Granting children human rights will fundamentally alter the nature of both democracy and human rights. Giving children citizenship rights will renew democracy, as past enfranchisements have, but also will push democracies to resemble less Western, liberal models. Group rights will predominate in democracies where children are full citizens. Also, the human rights agendas of child-incorporating democracies will be dominated by social and economic rights issues, since children’s rights of protection and provision will be given priority. Finally, children’s participation rights will emerge as crucial in diminishing structural inequality in democratic societies, providing a pathway to a fuller form of social justice predicated on the human rights of children.

scholarly journals Understanding Child Support in the Pattern of Child Protection based on the Principle of Child Protection

2021 ◽  
Vol 8 (1) ◽  
pp. 92
Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Child Protection ◽  
Child Support ◽  
Analytical Techniques ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Research ◽  
Materials Used

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.

scholarly journals Children and Young People’s Participation Rights: Looking Backwards and Moving Forwards

2020 ◽  
Vol 28 (1) ◽  
pp. 157-182 ◽  
Author(s):  
Christina McMellon ◽  
E. Kay M. Tisdall
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Conceptual Clarity ◽  
Participation Rights ◽  
Challenges And Opportunities

Children and young people’s participation is an ever-growing demand. Thirty years on from the UN Convention on the Rights of the Child’s adoption, however, fundamental challenges continue for participation that are widely recognised cross-nationally but remain stubbornly consistent. As a way in to considering the children and young people’s participation literature more generally, all articles referring to participation in their titles were identified from The International Journal of Children’s Rights. These 56 articles were analysed to identify trends, challenges and opportunities. The analysis found: a remarkably consistent narrative on participation over the 30 years; limitations on domains considered, geography and conceptual clarity; and far more written about challenges than solutions. Drawing on these findings and considering the participation literature more generally, the article recommends that the field expands its geographic and intellectual boundaries, uses powerful concepts like agency, competency and autonomy with greater precision, and explores fresh ideas like child protoganism, activism and children as human rights defenders.

Incorporating children’s rights: the divergence in law and policy

Legal Studies ◽  
2007 ◽  
Vol 27 (2) ◽  
pp. 261-287 ◽  
Author(s):  
Jane Williams
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
England And Wales ◽  
Rights Of The Child ◽  
Law And Policy ◽  
Legislative Framework ◽  
The Uk ◽  
The Impact

The paper examines conceptual barriers to incorporation of children’s rights – understood in the context of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, the Human Rights Act 1998 and the United Nations Convention on the Rights of the Child 1989 – in the law of England and Wales. It identifies traditions in law and policy on children and young people, and competing political imperatives which militate against effective implementation of children’s rights to protection and provision, but suggests that participative rights pose fewer problems. It argues that the scope for further judicial development is limited in the absence of substantial changes in the legislative framework. It then examines rights-based reasoning in administrative practice and considers the impact here of ideological differences between the UK Government and the Welsh Assembly Government. It considers the scope for differential implementation within the evolving devolution settlement, and the potential impact of such difference on child law and practice in the ‘single jurisdiction’ of England and Wales. It concludes by arguing for greater attention to executive as well as legislative and judicial functions, and to extra-judicial mechanisms, for promoting rights-based decision making.

scholarly journals Juvenile Justitia and the protection of children’s rights in Europe: the practice of the European Court of Human Rights

2021 ◽  
Vol 39 (68) ◽  
pp. 167-185
Author(s):  
Mykola Bondaruk ◽  
Serhiy H. Melenko ◽  
Liubov Omelchuk ◽  
Liliya Radchenko ◽  
Anzhela Levenets
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Legal Tradition ◽  
Rights Of The Child ◽  
European Court ◽  
Analysis And Synthesis ◽  
The Status

The objective of the research is to analyze the main violations of children's rights within the European Convention on Human Rights to highlight the basic positions of the European Court of Human Rights ECHR on their protection, as well as to determine the advisability of applying the practice of this court by the European states. The methodological basis of the work consists of different methods, such as analysis and synthesis, dialectical, logical-legal and formal-legal. The result of this work allowed identifying the role of the decisions of the European Court of Human Rights as a source of European law and its importance for the protection of the rights of the child, interpreting the legal positions established in the pertinent decisions of the said court and comparing them, to justify the need for your careful observation of the practice of the ECHR in the application of the law. It is concluded that the practice of the ECHR is recognized as a source of law in most states. And although the Ukrainian legal tradition does not recognize the status of judicial precedent as a source of law, such precedents are actively used in everyday legal activity.

13. Human Rights, Children’s Rights, and Family Law

Family Law ◽  
2018 ◽  
Author(s):  
Helen Stalford ◽  
Seamus Byrne
Keyword(s):  
Human Rights ◽  
Corporal Punishment ◽  
Family Life ◽  
Family Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Rights Of The Child

This chapter explores children's rights in the context of family law and family life. It aims to look at family law through the lens of the human rights of children and the associated theoretical, doctrinal, and empirical scholarship. It begins with a brief overview of the international children's rights framework underpinning this area, including the UN Convention on the Rights of the Child and the European Convention on Human Rights. It then points to some of the cultural, legal, and practical obstacles to the protection of children's rights in the context of family law. It also discusses the issue of corporal punishment.

Children’s Rights in the European Court of Human Rights – An Emerging Power Structure

2016 ◽  
Vol 24 (3) ◽  
pp. 548-574
Author(s):  
Anette Faye Jacobsen
Keyword(s):  
Human Rights ◽  
Quantitative Assessment ◽  
Power Structure ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Research ◽  
European Court ◽  
European System

Legal research has shown mixed results regarding the application of a child-centred approach in judgments from the European Court of Human Rights. With an interdisciplinary perspective, however, a number of remarkable features become visible.This article explores case law from the European system with a blended methodology. First, a quantitative assessment of the Court’s judgments over the last decade reveals, surprisingly, that the child’s best interests doctrine has become widely used only recently, despite the principle being invoked as early as 1988. Secondly, an in-depth discourse analysis of selected landmark cases shows how the child-centred approach, in certain types of case, has gained status as the paramount consideration to the extent that it may sideline competing principles in the balancing exercise of adjudication. In the conclusion, the two types of enquiries, the statistical and the qualitative scrutiny of judgments, are combined to offer an assessment of the power of children’s rights alongside other interests in the European human rights machinery.

scholarly journals Incorporation of the UN Convention on the Rights of the Child in National Law

2020 ◽  
Vol 28 (1) ◽  
pp. 133-156
Author(s):  
Simon Hoffman ◽  
Rebecca Thorburn Stern
Keyword(s):  
Human Rights ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Analysis ◽  
Child Rights ◽  
Rights Of The Child ◽  
Human Rights Treaties ◽  
Legal Integration ◽  
Legislative Measures

Incorporation is amongst the legislative measures of implementation of the UN Convention on the Rights of the Child (crc) recommended by the Committee on the Rights of the Child. This article will discuss incorporation of the crc in national law. It will show how incorporation is understood in different contexts, and highlight possible tensions between child rights and international law discourse and analysis. It begins by reviewing literature on incorporation of human rights treaties before discussing how incorporation is conceptualised in the context of the crc. The focus then shifts to a review of studies that provide insights into how incorporation and legal integration of the crc impact on how children’s rights are treated in national legal systems. While primarily a commentary on the available literature, the authors reflect on the significance of incorporation and how this is understood for academic and legal analysis, and what the evidence tells us about its contribution to the realisation of children’s rights.

The construction of children's rights in education – a research synthesis

2011 ◽  
Vol 19 (4) ◽  
pp. 661-678 ◽  
Author(s):  
Ann Quennerstedt
Keyword(s):  
Human Rights ◽  
Basic Assumption ◽  
Research Synthesis ◽  
Children's Rights ◽  
Research Interest ◽  
Children’S Rights ◽  
Research Publications ◽  
Participation Rights ◽  
Children’S Participation ◽  
Children's Participation

AbstractThis paper presents a research synthesis that aims to clarify and discuss how children's rights in education are constructed in research. A basic assumption is accordingly that research is an important participant in the process in which principal meanings and essential aspects of children's rights take shape. In the synthesis, 35 research publications, published between 1997-2008, have been selected and analysed. The main findings show that the research interest centres on four main themes: 1) Human rights orientation, 2) Education difficult to change, 3) Children's participation rights, and 4) Children's rights – parents' rights. In research, essential aspects of education are highlighted as matters of children's rights and the research construction give rise to some important insights that call for further research on children's rights in education.

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