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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).

Details

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

Book part
Publication date: 9 May 2022

Ankie Vandekerckhove

The Flemish Children’s Rights Commissioner of Belgium is among the first independent children’s rights institutions (ICRIs) to be established. The author shares her…

Abstract

The Flemish Children’s Rights Commissioner of Belgium is among the first independent children’s rights institutions (ICRIs) to be established. The author shares her experiences as the first Flemish ICRI. A student of Professor Eugeen Verhellen, who called for children’s rights and establishment of a children’s ombudsperson for Flanders, the author not only was in the right place at the right time for her academic studies, but also transformed Verhellen’s teachings into the Flemish ICRI as well as into the foundation of the European Network of Ombudsperson for Children. Over the 11 years the author served as the ombudsperson, the Flemish ICRI raised awareness of and bolstered children’s rights, as well as observed retrenchment in children’s rights and the role of the ICRI. It is clear that the Flemish ICRI’s successes not only continue to benefit Belgian young people, but children across the world.

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The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

Keywords

Book part
Publication date: 9 May 2022

Zsuzsanna Rutai

Independent children’s rights institutions as guardians of children’s rights contribute to the implementation and monitoring of the UN Convention on the Rights of the…

Abstract

Independent children’s rights institutions as guardians of children’s rights contribute to the implementation and monitoring of the UN Convention on the Rights of the Child (UN CRC) in several ways. This chapter focuses on their engagement with the UN Committee on the Rights of the Child (CRC Committee) during the country-specific monitoring of the Convention: they can provide reliable, precise and up-to-date information about the situation of children’s rights in the field. While considering the state reports, the CRC Committee welcomes submission from any independent children’s rights institutions, but which institutions have taken this opportunity in the past? Based on the public database of reports submitted by national human rights institutions, without looking into the content of their submissions and the impact of their engagement, this chapter intends to draw the profile of the independent children’s rights institutions that actively engage with the monitoring body of the UN Convention on the Rights of the Child.

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.

Details

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

Book part
Publication date: 9 May 2022

Katrien Klep, Stephanie Rap and Valérie Pattyn

Under the UN Convention on the Rights of the Child, states have the obligation to implement and monitor children’s rights. A key element thereof is the creation of…

Abstract

Under the UN Convention on the Rights of the Child, states have the obligation to implement and monitor children’s rights. A key element thereof is the creation of independent national institutions for the promotion and protection of children rights (independent children’s rights institutions – ICRIs). All over the world a wide variety of such institutions can be found. In this chapter, the authors aim at providing a broader understanding of how to research ICRIs’ capacity to monitor and promote children’s rights. The authors use the case of the Dutch Children’s Ombudsman and an evaluation of this institute to draw out key elements of such research. This chapter shows the importance of studying the political process behind the establishment of an ICRI, and conceptualize and measure the autonomy of an ICRI in a comprehensive way. Moreover, the chapter sketches how an ICRI is part of a wider “children’s rights landscape” engaging with children’s rights actors at different levels. Multidisciplinary research is needed to grasp these elements and conduct a comprehensive assessment of an ICRI.

Details

The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

Keywords

Book part
Publication date: 9 May 2022

Robin Shura and Brian Gran

This chapter provides an overview of ways the European Network of Ombudspersons for Children (ENOC) has influenced the development, structure, and functions of independent…

Abstract

This chapter provides an overview of ways the European Network of Ombudspersons for Children (ENOC) has influenced the development, structure, and functions of independent children’s rights organizations (ICRIs). Employing theoretical perspectives of New Institutionalism and World Society Approach and other concepts from institutional theories, this chapter explores explanations of isomorphic impacts of ENOC on ICRIs. This chapter examines how ENOC membership criteria have influenced ICRIs and their work, how ENOC’s influences on ICRIs may be tied to deterring decoupling from the symbolic promises nation states make when ratifying children’s rights instruments, and how agendas at ENOC annual meetings foster focused attention and work of ICRIs on specific substantive issues relevant to the promotion of children’s rights. That ENOC has served as a model organization of ICRIs suggests worldwide influences on the promotion of children’s rights.

Details

The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

Keywords

Book part
Publication date: 7 March 2022

Emma Nottingham

Recent years have seen growing concern about the climate crisis. Lack of adequate attention on this issue from governments and industries has prompted social movements…

Abstract

Recent years have seen growing concern about the climate crisis. Lack of adequate attention on this issue from governments and industries has prompted social movements against climate change. Youth activism has been particularly effective at advancing the cause, especially campaign work by children, most notably Greta Thunberg. The tourism industry impacts global carbon emissions, particularly due to international travel. Sustainable tourism is therefore becoming increasingly important in order to help respond to the climate crisis and protect the individual rights of citizens, including children. Children have unique and important insights to offer, yet they are in a democratically weak position given that they cannot vote and are often wholly reliant on others to represent their interests. However, when we allow children to occupy legal and political spaces and support them with participatory democracy, such as through supporting the child's right to protest or supporting strategic litigation, significant progress can be made for climate justice and a more sustainable future. Adults have a responsibility to respond positively to the work of youth activists to help nurture and encourage the environmentally conscious attitudes of children into adulthood.

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Children in Sustainable and Responsible Tourism
Type: Book
ISBN: 978-1-80117-657-6

Keywords

Content available
Book part
Publication date: 9 May 2022

Abstract

Details

The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

Book part
Publication date: 9 May 2022

Agnes Lux

In Hungary, soon after the democratic transition in 1989/1990, the institution of the general ombudsman was established, based on the Swedish model, possessing broad…

Abstract

In Hungary, soon after the democratic transition in 1989/1990, the institution of the general ombudsman was established, based on the Swedish model, possessing broad oversight. Since 2012, with the Fundamental Law (new constitution) and a new ombudsman act entering into force, the defense of children’s rights has become one of the legal obligations of the general ombudsman. In this chapter, the author examines the historical background of this “hybrid” institution1 and the performance of the last three commissioners based on the child rights approach of the UN Convention on the Rights of the Child (UN CRC).

The UN CRC represents the “whole child” approach, a holistic view of a child which also informs the work of independent children’s rights institutions (ICRIs). Hence, the four guiding principles of the UN CRC2 (the right to non-discrimination; the best interests of the child; the right to life, survival and development; and the right to participation) can be seen as analyzable elements of an ICRI’s performance. There are also “informal” factors that can influence the performance of an ICRI – even a stand-alone – for example, social and political recognition of the institution, the societal and legal regard of children (are their rights widely recognized or not, etc.), the personal motivation and drive of the ombudsman, the ombudsman’s own interests and background, the financial constraints of the office and the overall political atmosphere and various political influences around. These factors can play a vital role, but their existence can only be assumed in cases where the institution’s more exact outputs based on the UN CRC guiding principles can be seen: the appearance of children in its work, attention to vulnerable groups and cases related to non-discrimination, the number of complaints submitted to the commissioner (including those by children) and the appearance of best interests of children in cases. The author has found differences between the last three commissioners’ performances based on the guiding principles, which are also not independent from informal factors too.

Details

The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

Keywords

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…

Abstract

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.

Details

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

Keywords

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