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Authors: Nadine Correia, Cecília Aguiar, and The participa Consortium

Abstract

Children have the right to express their views in all matters affecting them, and to have them considered and given due weight. Children’s participation is most meaningful when rooted in children’s everyday lives, and its promotion should be encouraged from the youngest ages, especially in early childhood education and care (ecec). In this paper we apply the Lundy model of participation, widely used in policy, practice and professional development initiatives, to the ecec context. Based on examples provided by ecec professionals from Belgium, Greece, Poland, and Portugal, we illustrate the implementation of the elements of space, voice, audience and influence, proposed by the Lundy model. We also discuss the interrelations among these elements and the need for organisational and contextual support to enhance children’s participation. This paper adds to existing literature, highlighting theoretical and practical issues associated with the promotion of children’s right to participate in ecec.

In: The International Journal of Children's Rights

Abstract

This paper aims to present the perspective of 10- and 11-year-old students on the right to participate in school (Convention on the Rights of the Child, Article 12). Data were obtained via focus group interviews with 60 students (Serbia). The interviews revealed that students perceive only the rhetoric of their rights, that they most often participate in matters related to extracurricular activities and never in teaching-related matters. Students experience participation as being occasionally asked about their opinion by adults. Findings suggest that achieving the most participation in school depends on the support and encouragement of adults.

In: The International Journal of Children's Rights

Abstract

This article maps and critically discusses the intersection of childhood, human rights and tourism in scholarly research. Findings reveal this area of scholarship has received little attention beyond “adultist” and “protectionist” approaches, which construct children as too vulnerable to participate in tourism research, policy and practice. Through a systematic scoping review of relevant peer-reviewed scholarly articles, we argue for more child-centred, rights-based, and participatory approaches to engaging children in research about their lives in an area where their voices are often neglected. The United Nations Convention on the Rights of the Child (uncrc) was an important milestone in realising children’s rights, and while much has been achieved during this time, children’s rights research and scholarship must address certain fundamental issues to move into the future. This paper aims to respond to the recent call for more interdisciplinary efforts focused on children’s rights in the context of global development and tourism.

In: The International Journal of Children's Rights
Free access
In: The International Journal of Children's Rights

Abstract

Asylum-seeking families with children can be forced to return to their country of origin after staying several years in the Netherlands. The best interests of the child should play a role in return decisions. It is unclear whether the development of these children is threatened after forced return. This study aims to gain insight from a children’s rights perspective into the situation of children who were forced to return to Armenia. Data were collected by semi-structured interviews with 17 children and their parents. Results show that children are negative about their lives in Armenia after forced return. They experience psychosocial, identity and physical problems. Access to basic needs, care and education is limited. The parents’ emotional availability decreases. From a children’s rights perspective, it can be concluded that the decision to return children in this study did not meet their developmental needs, their best interests and children’s rights are contravened.

Open Access
In: The International Journal of Children's Rights

Abstract

The arrest of a mother may have far reaching consequences for her child(ren). This article discusses the question whether in Dutch criminal proceedings these potential effects are sufficiently taken into account before, during and after the mother’s arrest. In order to answer this question, the potential negative effects the arrest may have on the children involved will be discussed. Next, attention will be paid to the international and European legal frameworks and their relevance for arresting mothers. The right of the child to be informed about the arrest, and European case law concerning the arrest of parents in the presence of their children, will be discussed. Finally, a critical analysis will be given of how the arrest of mothers is dealt with according to Dutch law and practice. Practical experiences will be drawn from fieldwork conducted in two Dutch detention centres.

In: The International Journal of Children's Rights

Abstract

This article focuses on the influence of courts and the achr in the social construction of childhood and children’s rights. Using critical discourse analysis, it explores the meanings and understandings of childhood and children’s rights that emerge from the judgments of the Inter-American Court of Human Rights on family care, custody, adoption, deprivation of liberty and detention conditions. From this analysis, I argue that the iachr constructs a normative notion of the child according to which she is understood as being between the categories of human being, human becoming, subject of rights and object of protection and a concept of children’s rights according to which these are primarily thought of as their right to receive special measures of protection. The tensions between this complex view on childhood and a paternalistic approach to children’s rights reveals the need for a children’s rights specific international human rights law instrument for the Inter-American human rights system.

Open Access
In: The International Journal of Children's Rights
Authors: Audrey Osler and Aya Kato

Abstract

Children remain marginalised in theoretical analyses of citizenship and political rights, with their partial citizenship status attracting minimal attention. We consider the ontological need for political engagement, children’s political agency and intergenerational justice. We discuss how Derrida’s hospitality concept may inform analyses of power structures that serve to exclude children from the demos. We then examine the case of Japan where education law neglects children’s political rights, though respect for human rights and popular sovereignty are core constitutional values. Analysis of parliamentary debates addressing Article 12 and children’s right to be heard and organise collectively reveals a long-standing ideological divide concerning children’s political participation. The Committee on the Rights of the Child has explained Japan’s reluctance to implement Article 12 as reflecting “traditional” attitudes. The reality is more complex. From the late 1950s, Japan experienced a wave of student-led protests, focusing on the US-Japan Anpo Security Treaty. Subsequently, the Japanese government prioritised public order over students’ political rights, and global economic competitiveness over citizenship rights. Article 12 remains a site of struggle between those wishing to extend children’s citizenship rights and those who wish to maintain their partial citizenship, fearing social unrest and a focus away from global economic competitiveness.

Open Access
In: The International Journal of Children's Rights