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Book part
Publication date: 2 June 2005

Angelo Saporiti, Ferran Casas, Daniela Grignoli, Antonio Mancini, Fabio Ferrucci, Marina Rago, Carles Alsinet, Cristina Figuer, Mònica González, Mireia Gusó, Carles Rostan and Marta Sadurní

In the beginning the Philosophers were the ones to school us on how to consider and treat our children. In Plato's Republic, Socrates sketched a place where the nursing…

Abstract

In the beginning the Philosophers were the ones to school us on how to consider and treat our children. In Plato's Republic, Socrates sketched a place where the nursing and parenting of children is carried out communally (Platone, 1994, p. 172). Not much later, instead, Aristotle claimed that children belong to their own parents inasmuch as they beget them (Aristotele, 1999, pp. 345, 18–24). Much later, first Augustine, then Thomas, and later still Locke and Hobbes, Rousseau and Kant, all had a great deal to say on children and parents, as well as on children's status (Archard, 1993, Chap. 1; Blustein, 1982). The last great master who told us who children are and how they should be treated is perhaps John Stuart Mill: children are immature beings who cannot have the very same rights and liberties as adults (Mill, 1910, p. 73).

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Sociological Studies of Children and Youth
Type: Book
ISBN: 978-0-76231-183-5

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Book part
Publication date: 6 May 2019

Kinga Zdunek, Michael Rigby, Shalmali Deshpande and Denise Alexander

The child is at the centre of all Models of Child Health Appraised research and indeed all primary care delivery for children. Appraising models of primary care for…

Abstract

The child is at the centre of all Models of Child Health Appraised research and indeed all primary care delivery for children. Appraising models of primary care for children is incomplete without ensuring that experiences of primary care, design, treatment, management and outcomes are optimal for the child. However, the principle of child centricity is not implicit in many healthcare systems and in many aspects of life, yet it is extremely important for optimal child health service design and child health. By exploring the changing concept of ‘childhood’, we understand better the emergence of the current attitude towards children and their role in today’s Europe and the evolution of child rights. Understanding child centricity, and the role of agents acting on behalf of the child, allows us to identify features of children’s primary care systems that uphold the rights of a child to optimum health. This is placed against the legal commitments made by the countries of the European Union and European Economic Area to ensure that children’s rights are respected.

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Issues and Opportunities in Primary Health Care for Children in Europe
Type: Book
ISBN: 978-1-78973-354-9

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Book part
Publication date: 7 October 2019

Anete Abramowicz, Gabriela Guarnieri de C. Tebet and Tatiane Cosentino Rodrigues

This text is the result of an extensive bibliographical research on the development of Childhood Studies in various regions of Brazil based on the understanding that…

Abstract

This text is the result of an extensive bibliographical research on the development of Childhood Studies in various regions of Brazil based on the understanding that childhood is a social discursive construction, as well as human rights, and both concepts are interlinked when the subject in focus is the children’s rights. According to research data while advances in the concept of childhood have supported specific child protection policies, the issue of marginalization and inequalities affecting children is some of the central matters developed within childhood studies in Brazil. In this article, we map the advances of childhood studies in Brazil and its relation to children’s rights. However, we may state that neither childhood nor children’s rights are still a reality for all Brazilian children, especially when considering other markers that have challenged the rights of our children, such as race, ethnicity, social class, and gender.

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Book part
Publication date: 3 August 2011

Elizabeth Heger Boyle and Hollie Nyseth

Support for child rights is widespread, and the 1989 Convention on the Rights of the Child is the most widely ratified treaty ever. Surprisingly, however, we find that…

Abstract

Support for child rights is widespread, and the 1989 Convention on the Rights of the Child is the most widely ratified treaty ever. Surprisingly, however, we find that child rights discourse is not integrated as a core element of mobilization around either the eradication of female genital cutting practices or the provision of free primary education. Analyzing history and the content of child rights claims related to these issues, we unpack this puzzle. In the process, we illuminate the constraints on mobilizing strategies in general and some difficulties inherent in using child rights discourse in particular.

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Special Issue Human Rights: New Possibilities/New Problems
Type: Book
ISBN: 978-1-78052-252-4

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Book part
Publication date: 12 August 2009

Alison M.S. Watson

The roots of the present human rights regime vis-a-vis children go back to the aftermath of World War I, when Eglantyne Jebb – cofounder of the Save the Children Fund …

Abstract

The roots of the present human rights regime vis-a-vis children go back to the aftermath of World War I, when Eglantyne Jebb – cofounder of the Save the Children Fund – drafted, as part of her work with refugee children in the Balkans, a Children's Charter. In this document, she argued that there were certain rights for children that should be claimed and universally recognized and indeed that it was the duty of the international community to put such rights to the very forefront of their planning decisions: ‘[i]t is our children’ Jebb argued ‘who pay the heaviest price for our shortsighted economic policies, our political blunders, our wars’ (Hammarberg, 1990, p. 98). What Jebb in fact created was a practical document later used as the basis for the Geneva Declaration of the Rights of the Child that was adopted by the League of Nations in September 1924 and that set out five precepts governing the ‘duties’ that mankind had, ‘beyond and above all considerations of race, nationality or creed’. These included allowing the child to be first in receiving relief in times of distress and providing all manner of support to the ‘needy’ child (defined at the time as being those suffering hunger and sickness, orphans and those who were ‘backward’ or ‘delinquent’). The language of the Declaration may have moved on, but it remains a landmark document in that it set the tone for many of the child's rights initiatives that followed, in particular, in terms of the ‘children first’ ethos that was to become a fundamental element in later child rights campaigns (Hammarberg, 1990, p. 98). Indeed, the 1924 Declaration has been widely depicted as a turning point for international political efforts relating to the child, and too for the advocacy movement that surrounds them, providing inspiration for many of the efforts on their behalf that were to follow. Like many of these subsequent efforts towards putting children first, however, political events overtook political will, and the attempt to improve children's lives at this time stalled as the world moved once again towards war. It would therefore be much later – in the aftermath of World War II, and following the 1948 approval by the UN General Assembly of the Universal Declaration – before the international community turned its attention once more to the welfare of the child, and it is in the work that was done during this time that the roots of the current international legal regime governing children can perhaps most clearly be recognised.

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Structural, Historical, and Comparative Perspectives
Type: Book
ISBN: 978-1-84855-732-1

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Book part
Publication date: 29 July 2021

Katharina Lee

Article 3 of the UNCRC requires member states to observe the ‘best interests of the child as a primary consideration in all actions concerning children, whether undertaken…

Abstract

Article 3 of the UNCRC requires member states to observe the ‘best interests of the child as a primary consideration in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies’. This chapter assesses how the UK’s immigration policy and practice discharges its obligations under the CRC with regard to its dealings with unaccompanied minor asylum seekers and refugees. After historically contextualising the interplay between international and national child rights legislation, this chapter explores the challenges arising from the Home Offices decision to outsource parts of the immigration service to the private sectors specifically around age determination, thus adding economic imperatives to polarised politically emotive migration discourse. It concludes that despite clear guidance from the British Courts to prioritise the best interest of the child; in reality, it is difficult to hold the State accountable for its implementation.

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Privatisation of Migration Control: Power without Accountability?
Type: Book
ISBN: 978-1-80117-244-8

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Book part
Publication date: 21 June 2005

Ruth M. Mann

This chapter addresses a five-year phase of protest activity set in motion by fathers’ rights and shared parenting groups’ resistance to the Federal Child Support…

Abstract

This chapter addresses a five-year phase of protest activity set in motion by fathers’ rights and shared parenting groups’ resistance to the Federal Child Support Guidelines, which were incorporated into Canada’s Divorce Act in 1997. Drawing upon Department of Justice discourses, parliamentary hearings and debates, and advocacy websites it examines the dynamics and outcomes of the protest cycle. It argues that the government’s legislative response signals a failure of fathers’ rights activism in Canada. This failure is a consequence of the collective identity that advocates and their supporters enact and celebrate in various public arenas, the effectiveness of feminist counteraction, and the contingencies of governance in Canada’s left-of-centre advanced liberal democracy.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-327-3

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Book part
Publication date: 19 July 2018

Devyani Prabhat and Jessica Hambly

This article identifies children’s rights as a neglected area in citizenship literature, both in socio-legal scholarship and in British nationality case law. It analyzes…

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This article identifies children’s rights as a neglected area in citizenship literature, both in socio-legal scholarship and in British nationality case law. It analyzes reasons for this neglect and posits that there exists a dichotomy in approaches to the wellbeing of children in the UK. The characterization of children’s interests and subsequent obligations owed by states to children are different in nationality law from other areas of law, notably, family law. Through our case study of the registration of children as British citizens, we argue that in the UK formal legal membership may appear achievable “in the books” but remains elusive in “law in action.” Children’s interests should be just as central to citizenship studies and nationality case law as to family law cases. A new approach to acquisition of British citizenship by children, with the best interests of the child as a critical evaluative principle at the heart of decision making, will usher in a new era. In the absence of such reconceptualization, children remain passive subjects of nationality law and their voices are unheard in processes of acquisition of citizenship.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78756-208-0

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Book part
Publication date: 1 July 2004

Catherine J Ross

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Recent federal reforms impose a…

Abstract

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Recent federal reforms impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time alone establishes parental fault and satisfies a parent’s due process rights. It also fails to protect the minority of children who assert an interest in preserving a safe relationship with mothers who are unlikely to meet the state’s schedule – including many substance abusers and victims of domestic violence.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-76231-109-5

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Book part
Publication date: 11 June 2014

This chapter pulls together the main strands of Child Labour in Global Society, and addresses their implications for the sociological study of children’s lives, schooling…

Abstract

This chapter pulls together the main strands of Child Labour in Global Society, and addresses their implications for the sociological study of children’s lives, schooling and slavery.

In popular and scholarly discourses there is a tendency to emphasize the differences between the social lives of children and those of adults rather than the similarities and continuities; to misrepresent children’s social activities in comparison with those of adults; to rationalize the differential way in which children’s social activities and participation are assessed and rewarded relative to those of adults; and to fortify children’s actual and/or assumed marginal situation in modern society.

There are sociological gains to be had from emphasizing the comparable features and structural links between ‘childhood’ and ‘adulthood’ due especially to the common participation of children and adults in productive labour.

The way in which children’s social activities are differentially assessed and rewarded is reflected in how children are denied full citizenship rights, and so are non-citizens.

In particular, children are denied the right to freely exchange their labour power on the labour market.

While viewing educational labour as forced labour does not sit well with ideas about children and childhood in modern society, doing so is consistent with the element of compulsion in for instance the Convention on the Rights of the Child (CRC).

Being compulsorily required to perform educational labour is indicative of how in modern societies children are owned and in slavery, not just of the de facto kind, but also of the de jure kind.

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Child Labour in Global Society
Type: Book
ISBN: 978-1-78350-780-1

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