scholarly journals Utilising the International Human Rights Framework to Access the Benefits of Paediatric Research in The covid Era: A Wales Case Study

2021 ◽  
Vol 29 (2) ◽  
pp. 326-352
Author(s):  
Rhian Croke ◽  
Rhian Thomas Turner ◽  
Phillip Connor ◽  
Martin Edwards
Keyword(s):  
Human Rights ◽  
Health Professionals ◽  
Children's Rights ◽  
Children’S Rights ◽  
Paediatric Research ◽  
International Human Rights ◽  
Rights Of The Child ◽  
Human Rights Treaties ◽  
International Human

Abstract This article uses Wales as a case study to discuss the challenges to accessing the benefits of paediatric research before and during the covid-19 pandemic. Due to the rapidly changing political and legislative landscape, it is critical that health professionals working for the benefit of children can utilise international human rights treaties and the most relevant General Comments that offer a bridge between legalistic provisions and practice. Additionally, it is vital for health professionals to interpret and understand domestic children’s rights legislation, including tools for implementation for realising children’s rights. This article shares learning from the Children’s Hospital for Wales, Children and Young Adult Research Unit’s endeavour to challenge the Welsh Government to pay due regard to the rights of the child in ensuring children can access the benefits of paediatric research; including research concerning children’s role in infection and transmission, during the pandemic.

Using international human rights law to mobilize for children’s rights and reproductive rights in Ireland

2021 ◽  
pp. 131-182
Author(s):  
Gráinne de Búrca
Keyword(s):  
Human Rights ◽  
Reproductive Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
The Government

This chapter uses the experimentalist framework to examine two processes of social change in Ireland in recent decades—children’s rights reform and reproductive rights reform—which included the engagement of domestic advocacy groups with international human rights law as a key element of those campaigns. In the case of child rights, a coalition of hitherto separate organizations and groups came together following Ireland’s ratification of the UN Convention on the Rights of the Child, and re-oriented their work and advocacy around the idea of children’s rights. By bringing issues before the Committee on the Rights of the Child, and requiring the government to engage repeatedly with the Committee and with the meaning and consequences in practice of the obligations taken on under the Convention, they injected fresh impetus into existing campaigns, opened a public conversation about children’s rights, and placed Ireland’s practices and attitudes towards children and the family in the context of international standards. In the case of abortion law reform which was a bitterly divisive and difficult issue in Ireland, domestic activists drew upon and engaged with a variety of international human rights institutions and laws over decades to keep pressure on the government and the state to introduce change, as well as to create public awareness of the suffering of specific women and to highlight existing and emerging international norms on reproductive rights. Both campaigns ultimately succeeded in pressing for the adoption of a range of important legislative and policy reforms.

Children’s rights and social policy

2020 ◽  
pp. 223-236
Author(s):  
Fiona Donson
Keyword(s):  
Human Rights ◽  
Social Policy ◽  
Social Economic ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
Different Levels

This chapter critically assesses existing international human rights mechanisms and in particular the UN Convention on the Rights of the Child (CRC), in relation to the promotion of the rights and welfare of children. In doing so it examines such mechanisms in a world of social, economic, cultural, ideological and political diversity, different levels of ‘peace’, stability, governmental organisation and conflict, and changing contexts and circumstances. It reflects on the inability of some states (e.g. USA) to ratify the UN Convention, and on issues of enforceability and realisability in others which have. Finally, it discusses contemporary attempts by NGOs and other campaigning organisations to promote the recognition and realisation of universal rights for children.

scholarly journals Indonesian Marriage Law Reform: The Way To Strengthen The Protection of Children’s Rights Against Child Marriage

2018 ◽  
Vol 2 (1) ◽  
pp. 286 ◽  
Author(s):  
Zendy Wulan Ayu Widhi Prameswari ◽  
Erni Agustin
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Marriage ◽  
Constitutional Court ◽  
Marriage Law ◽  
International Human Rights ◽  
Minimum Age ◽  
International Human ◽  
Keywords Child

The Act Number 1 Year 1974 on Marriage stipulates the minimum ages requirement to enter into a marriage, which are 19 years for men and 16 years for women. It is expected that at that ages, each party has a mature soul and physic to enter into a marriage life. However, it is possible for those who have not reached the age to enter into marriage if there is a dispensation granted by the courts or other official designated by the parents of each party in the marriage. In 2012, a judicial review was filed to the Constitutional Court against the provisions of the minimum age limit in the Act Number 1 Year 1974 on Marriage to raise the limit of minimum age for women from 16 to 18 years. However, the Constitutional Court considered the provisions is constitutional. Then in 2017, the same provision of Marriage Law is submitted for the second time by different applicant to be reviewed again by the Constitutional Court. On the other hand, Indonesia has participated in the formulation of a variety of international human rights instruments which have an impact on children, and is a party to a number of them, including the CRC and the CEDAW. This paper elaborates the stipulation on minimum age requirement to enter into marriage and the conformity of Indonesian Marriage Act  to the principles and provisions on the international human rights instruments.   Keywords: Child Marriage, Children’s Rights, Indonesian Marriage Law, Minimum Ages

scholarly journals PERSPEKTIF HUKUM DAN HAK ASASI MANUSIA TERHADAP ANAK YANG MENJADI KORBAN PERDAGANGAN MANUSIA

2020 ◽  
Vol 9 (2) ◽  
pp. 107
Author(s):  
Abu Hasin
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human

Perspektif yuridis terhadap anak yang menjadi korban kejahatan perdagangan manusia sudah banyak norma yuridis yang dibuat negara yang secara fundamental mengaturnya, bahwa tindak pidana atau kejahatan memperdagangkan anak sudah jelas-jelas sebagai perbuatan yang berbentuk melanggar norma hukum pidana.  Dalam perspektif hak asasi manusia (HAM) terhadap anak yang menjadi korban kejahatan perdagangan manusia adalah berkaitan dengan masalah hak-hak anak, baik yang diatur dalam instrumen HAM internasional seperti UDHR, Kovenan Hak Anak, hingga produk yuridis Indonesia.Kata kunci: anak, hak asasi manusia, hukum, korban Juridical perspective on children who are victims of human trafficking crimes has many juridical norms made by the state that fundamentally regulate them, that criminal acts or the crime of trafficking in children are clearly acts that violate criminal law norms. In the perspective of human rights (HAM) against children who are victims of human trafficking crimes is related to the issue of children's rights, both regulated in international human rights instruments such as the UDHR, the Covenant on Childrens Rights, to Indonesian juridical products.Keywords: children, human rights, law,

International Human Rights Law

2018 ◽  
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Respective Field ◽  
Protection Of Human Rights ◽  
International Human ◽  
The Ideal

Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as terrorism and poverty, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making the book the ideal companion for students and practitioners of human rights. Breadth and depth of coverage provide a thorough and complete guide for students of international human rights law. Each chapter is written by an expert in their respective field. The book includes useful features such as chapter summaries, charts, and suggestions for further reading. New to this third edition are chapters on children’s rights and the regional protection of human rights.

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.

Reservations to Human Rights Treaties: A Case Study on the Practice of Czechoslovakia and Its Successor States

2014 ◽  
Vol 16 (3) ◽  
pp. 371-398 ◽  
Author(s):  
Vladimír Týč ◽  
Linda Janků ◽  
Katarína Šipulová
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
International Human Rights ◽  
The Czech Republic ◽  
Depth Analysis ◽  
Human Rights Treaties ◽  
Standard Component ◽  
International Human ◽  
Human Rights Norms

Conformity with human rights norms is currently a standard component of democratic states’ policies. However, this conformity is reflected not only in domestic binding catalogues of human rights embodied in constitutions, but also in the continuous rise of international control and treaty commitments. States are widely expected to commit to and ratify international human rights documents. Nevertheless, a great deal of the research on state commitments disregards the effects and changes which might be brought upon these ratifications by the submission of reservations. This article proposes an in-depth analysis of state commitments and the practice of submitting reservations in two case studies: the Czech Republic and Slovakia, together with their common predecessor, communist (and, briefly, democratic) Czechoslovakia, and maps the way these regimes, in their different stages of transitional development, worked with reservations. This contribution has been elaborated within the framework of the project „International Human Rights Obligations of the Czech Republic: Trends, Practice, Causes and Consequences“, GA13-27956S, supported by the Czech Science Foundation GAČR.

Framing Asymmetry: Devolution and the United Kingdom’s Four Children’s Commissioners

2016 ◽  
Vol 24 (2) ◽  
pp. 408-433 ◽  
Author(s):  
Osian Rees ◽  
Jane Williams
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Public Institutions ◽  
Children’S Rights ◽  
Constitutional Change ◽  
The Public ◽  
Rights Of The Child ◽  
Human Rights Treaties ◽  
United Nations Convention

The United Kingdom’s four children’s commissioners, established under separate legislation for Wales, Northern Ireland, Scotland and England, are amongst the best known of the public institutions created since the beginning of devolved government in 1999. Like many such offices around the world, they are the result of domestic political and social processes as well as the influence of the requirements of international human rights treaties, specifically the United Nations Convention on the Rights of the Child. Different processes in the four countries have produced differing remits and emphases, but each commissioner is in part a response to concerns about the vulnerability of children in difficult circumstances. The commissioners’ activities include vigilance over the access of such children to support, in particular support for getting their voices heard. The commissioners have also developed prominence on the international stage as independent children’s rights institutions and all have been active in promoting children’s participation in social accountability for human rights implementation. This article explains the commissioners’ different roles and remits and examines ways in which they contribute to accountability for human rights implementation in the political, administrative, legislative, judicial and social spheres. It concludes by suggesting that their status as both “children’s champion” and independent children’s rights institutions is likely to assure their long-term endurance in the still-evolving process of constitutional change in the uk.

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