Increasing numbers of children are on the move throughout the world: moving or migrating, alone or accompanied. This gives rise to many new problems with legal, economic, social and cultural aspects, calling for new approaches based on a world-wide perspective. The international mobility of children poses a special challenge for the protection of their family environment, as guaranteed by the United Nations Convention on the Rights of the Child and other international instruments.
Children on the Move contains the texts and speeches given and the papers presented at the international conference of the same title, which took place at the Hague, the Netherlands, 23-26 October 1994. The conference was one of the major contributions of the Netherlands to the UN International Year of the Family and was convened by the Netherlands Committee for the International Year of the Family in collaboration with the Hague Conference on Private International Law.
Children on the Move provides the reader with an in-depth analysis of the various legal aspects (problems and remedies) of inter-country adoption, international child abduction, and children as international refugees.
This book provides a commentary on the United Nations Convention on the Rights of the Child, which was adopted by the General Assembly of the United Nations on 20 November 1989.
Part One contains a general introduction to the Convention on the Rights of the Child, and deals with matters such as the drafting history, the contents, direct application, horizontal effects, limitations, the Committee on the Rights of the Child, and the Convention's final provisions.
Part Two contains an article-by-article commentary, the aim of which is not to give an interpretation of the precise nature and scope of States parties' obligations but, rather, to identify the materials, or sources, which provide guidance in that regard. In the identification of such materials, attention has been paid to the general rules of treaty interpretation, as set forth in the Vienna Convention on the Law of Treaties.
This volume of essays, together with its companion
Creating the Child:The Ethics, Law and Practice of Assisted Procreation (Martinus Nijhoff, The Hague, 1996, ISBN 90-411-0207-8) is the result of a concerted action in the BIOMED programme of the European Commission, which was coordinated by the Editor. Clinicians, lawyers and philosophers explore the theoretical and practical problems presented by the new technologies in assisted human reproduction in Eastern, Central and Western Europe. The central question of the status of the human embryo is examined in the light of recent biological discoveries and cultural and legal dissonance within and between the various countries in Europe.
This volume of essays, together with its companion
Conceiving theEmbryo: Ethics, Law and Practice in Human Embryology (Martinus Nijhoff, The Hague, 1996, ISBN 90-411-0208-6) is the result of a concerted action in the BIOMED programme of the European Commission, which was coordinated by the Editor. Clinicians, lawyers and philosophers explore the theoretical and practical problems presented by the new technologies in assisted human reproduction in Eastern, Central and Western Europe. The essays reveal considerable dissonance in existing and proposed legislation, both within and between European countries, and examine the rights of parents and children involved in these new procedures.
Of the many changes that have taken place in Western society during the past two centuries, few have been more significant than the steep fall in infant and child mortality. However, the timing and causes of the decline are still poorly understood. While some scholars attribute it to general improvements in living standards, others emphasize the role of social intervention and public health reforms. Written by specialists from several disciplinary fields, the twelve essays in this book break entirely new ground by providing a long-term perspective that challenges some deep-rooted ideas about the European experience of mortality decline and may help explain the forces and causal relationships behind the still tragic incidence of preventable infant and child deaths in many parts of the world today. This book will become a standard work for students and researchers in demography, social and economic history, population geography, and the history of medicine, and it will be of interest to anyone concerned with current debates on the policies to be adopted to curb infant and child mortality in both developed and developing countries.
December 2004 marked the end of the International Decade of the World’s Indigenous Peoples. The Decade, and the UN Working Group on Indigenous Populations, has brought enormous international attention to the situation of Indigenous People. Developing Rights of Indigenous Children is being published now to give interested readers and human rights advocates a valuable insider’s view of the recent dramatic accomplishments in this rapidly-evolving field.
The book is a collection of essays that are divided into four sections: Background (covering treaties, -- such as the Convention on the Rights of the Child , national legislation and tribal law); Important Indigenous Child Issues,(including cultural identity, land rights and health); Regional Indigenous Child Issues (which includes chapters about the issues concerning indigenous children in specific geographic areas, such as Alaska and Venezuela ); and Voices of Youth (with essays by indigenous young people who give their views about their present circumstances and hopes for the future),
The book’s authors are all recognized authorities on indigenous issues and children’s rights and include such luminaries as Jaap Doek (Chairperson of the Committee on the Rights of the Child – which monitors the UN Convention on the Rights of the Child) and Wilton Littlechild (Rapporteur for the UN Permanent Forum on Indigenous Issues). The editors, Cynthia Price Cohen and Philip Cook have been at the forefront of the indigenous child rights movement and are recognized authorities on Indigenous children’s rights.
Developing Rights of Indigenous Children is timely, informative and fascinating, a must-read for anyone interested in knowing more about indigenous issues and indigenous children in particular.
On 13th September, 1997, a symposium was held in honour of Adair Dyer at the Peace Palace in The Hague. This symposium, entitled `Globalization of Child Law: The Role of the Hague Conventions', was organized by the Faculty of Law of Tilburg University and the International Society of Family Law in collaboration with the Hague Conference on Private International Law. Adair Dyer, best known for his exceptional work in the area of international child abduction, was active at the Hague Conference for more than 25 years.
The protection of children has been a major concern of the Hague Conference from the very beginning of its existence. The Conference followed and reacted to developments such as the increasing numbers of children - alone or accompanied - moving or migrating internationally, which has given rise to many new legal, economic, social and cultural problems. During the symposium, the past, present and future roles of the Hague Conventions in the international protection of children, taking into account the United Nations Convention on the Rights of the Child, were examined and discussed. This volume contains the contributions to this international symposium, as well as the full texts, in both English and French, of the 1980 Hague Convention on the Civil Aspects of Child Abduction, the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.
One of the aims of the United Nations Convention on the Rights of the Child is to accord due recognition to the fact that 'the child, by reason of his phsyical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth'.
However, a question mark hangs over the extent to which 'special safeguards and care' can negatively impact on the rights of the child and result in discrimination against the child in the guise of 'his physical and mental immaturity'. This volume explores the extent to which children's rights are secured at the national level; and the reasons why children's rights have or have not been recognised and secured by various states at the level of domestic law. It also explores the difficulties inherent in the accordance of rights to children in order to ascertain whether they do in fact derive from the particular nature of children or whether they mask a reluctance of states to fulfil their domestic and international rights obligations to children, and whether such reluctance constitutes 'discrimination against children'. The volume thus explores the theoretical and legal underpinnings of gender and race discrimination, at both the domestic and international level, and examines the extent to which these may be applied to the area of children's rights.
This collection offers a series of essays highlighting many of the most controversial of contemporary issues relating to children, medicine and health care including the participation rights of children, genetic testing, male circumcision, organ donation, gender reassignment, the rights of autistic children, anorexia nervosa. Essays are written by a range of leading scholars across a range of disciplines. A number of the essays in this collection were previously published in the International Journal of Children's Rights.
The core of this book is a detailed analysis of the status of corporal punishment of children, including Areasonable spankings by parents, under international human rights law. The analysis leads compellingly to the conclusion that such punishment is indeed a human rights violation, consonant with modern norms about right and decent treatment of juveniles.
The book further provides a comparative analysis between the domestic laws of the seventeen nations that ban all corporal punishment of children (Sweden, Finland, Norway, Austria, Cyprus, Denmark, Germany, Iceland, Bulgaria, Croatia, Latvia, Hungary, Romania, Ukraine, Israel, Italy, and Portugal) and examples of the domestic laws in the countries that still permit some physical chastisement of children (United States and Canada).
Because it is anticipated that a good number of readers will be surprised to learn that this disciplinary practice has become a human rights law violation, the book also engages in an in-depth exegesis of the psychological evidence and historical and philosophical reasons warranting prohibition of all corporal punishment of children as an imperative policy choice. The work probes as well why, once that choice is made, it is essential to use legal bans on the punishment inasmuch as they have uniquely effective pedagogical and therapeutic roles and give some permanence to humanity’s hard won understanding about protecting the young from violence.
Published under the Transnational Publishers imprint.