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Edited by Luke Glanville and Bina D'Costa

In Children and the Responsibility to Protect, Bina D’Costa and Luke Glanville bring together more than a dozen academics and practitioners from around the world to examine the intersections of the Responsibility to Protect (R2P) principle and the theory and practice of child protection. Contributors consider themes including how the agency and vulnerability of children is represented and how their voices are heard in discussions of R2P and child protection, and the merits of drawing together the R2P and Children and Armed Conflict (CAAC) agendas, as well as case studies of children’s lives in conflict zones, child soldiers, and children born of conflict-related sexual violence.
This collection of essays was first published in the journal Global Responsibility to Protect (vol.10/1-2, 2018) as a special issue.

Contributors are: J. Marshall Beier, Letícia Carvalho, Bina D’Costa, Myriam Denov, Luke Glanville, Michelle Godwin, Erin Goheen Glanville, Cecilia Jacob, Dustin Johnson, Atim Angela Lakor, Katrina Lee-Koo, Ryoko Nakano, Jochen Prantl, Jeremy Shusterman, Hannah Sparwasser Soroka, Timea Spitka, Jana Tabak, Shelly Whitman.
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Adoption and Assisted Reproduction in Germany

Legal Framework and Current Issues

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Saskia Lettmaier

In Germany, as elsewhere, couples and individuals suffering from unwanted childlessness have two principal means to overcome it. One, adoption, has existed and been quite heavily regulated in Germany for centuries. The other, assisted reproduction, has only recently come into its own with advances in medical technology and has not yet been comprehensively dealt with by the German legislature.
This monograph provides a survey of adoption and assisted reproduction as alternative (non-coital) ways of establishing parent-child relationships in Germany.
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Social Rights of Children in Europe

A Case Law Study on Selected Rights

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Katharina Häusler

The Convention on the Rights of the Child has changed the paradigm of how (human rights) law looks at children: from “objects” of protection to full rights-holders of all human rights. Consequently, social rights are not voluntary welfare services but an expression of the dignity and rights of the child. In Social Rights of Children in Europe Katharina Häusler provides a thorough analysis of how these basic social rights are interpreted by the three major human rights bodies on the level of the Council of Europe and the European Union. It thus offers not only an excellent picture of the main lines of interpretation but also of the major gaps and challenges for the realisation of children’s social rights in Europe.
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Corporal Punishment of Children

Comparative Legal and Social Developments towards Prohibition and Beyond

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Edited by Pernilla Leviner, Bronwyn Naylor and Bernadette Saunders

Corporal Punishment of Children - Comparative Legal and Social Developments towards Prohibition and Beyond provides insights into the views and experiences of prominent academics, and political, religious, and human rights activists from Australia, Canada, Germany, Ireland, Israel, New Zealand, Norway, South Africa, Sweden, the UK, and the US. Country-specific and thematic insights in relation to children’s ongoing experience of corporal punishment are detailed and discussed, and key questions are raised and considered with a view to advancing progress towards societies in which children’s human rights to dignity and optimal development are more fully recognised.
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Feminicides of Girl Children in the Family Context

An International Human Rights Law Approach

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Clara Chapdelaine-Feliciati

In Feminicides of Girl Children in the Family Context: An International Human Rights Law Approach, Clara Chapdelaine-Feliciati examines the issue of feminicide, more specifically female infanticide, and the extent to which it is addressed under international law. For this purpose, she explores the origins of son preference and ‘daughter devaluation’, and the myriad factors that underpin female infanticide. Legal semiotics is employed to analyse legislation and case law, and assess whether the provisions of the International Covenant on Civil and Political Rights(ICCPR 1966) sufficiently protect girl children. Amendments to the ICCPR are proposed to clarify States parties’ duty of due diligence and ensure that the crime of female infanticide is effectively prohibited, investigated, and prosecuted.
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Moshe Shner

Children are a weak part of society. They suffer injustice, their voice is unheard, their property is not theirs and they depend on adults in all aspects of their life. Even today, children are victims of war crimes, street violence, sexual abuse, hard labour, lack of proper education and insufficient life conditions. Their rights remain an unfulfilled promise.

We claim that children have rights, but what does it mean? Of course, we love our children, the challenge is not to define what we gracefully give but what children’s rights are, regardless of our own feelings? How can we substantiate the claim that children have rights? The legacy of Janusz Korczak, world-known children’s rights advocate (1878–1942), may help us in this task.

Korczak’s education legacy portrays a cluster of inspiring ideas: children are not people-in-the-making, but human beings here-and-now, they deserve our respect and respect implies ultimate rights. Korczak was not only a theoretician, but also an educationalist in practice who structured his children’s houses as democratic communities, directed by a children’s parliament, court, newspaper and other community common spaces of discussion and learning.

A major question remains: how we connect Korczak’s fragmented and isolated educational ideas and practices, each one inspiring and powerful on its own, into one integrated worldview? Can we connect all the dots into a meaningful picture that substantiates the claim that children have unconditional rights as human beings and not only as an arbitrary gesture of the adults? This study suggests that all of Korczak’s ideas and practices fit into the context of Greek philosophy and Korczak appears as a modern Stoic.

His Stoicism gives ground to the idea of children’s dignity and children’s rights as an immediate outcome of this dignity. In the infinity of the cosmos, there is no hierarchy of being. In this context, children have rights like any other human being.

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Manfred Liebel

In the debate on children’s rights, reference is often made to children’s interests but very little attention is paid to what the interests of children actually are, how they come about, and how they contribute to the foundation and understanding of children’s rights and to a practice oriented towards these rights. The author explains the complex relationship between children’s rights and interests, while illuminating some of its reasons and consequences. Since children’s rights are to be understood as human rights, the author takes a more general approach to the political and moral philosophical debate on human rights, in which reference to interests plays an important role. He relates the most important arguments in this debate specifically to children’s rights and offers an interest-based theoretical justification of children’s rights as agency rights.

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Marit Ursin and Mona Lock Skålevik

Cambodia has experienced a rapid and uncontrolled increase in the institutionalisation of children in the last decade. In this article, we analyse the impact of volunteer tourism on children’s wellbeing in residential care facilities in Cambodia by employing a child rights-based approach. Four articles of the United Nations Convention of the Rights of the Child are chosen as framework to analyse two bodies of documents. We engage in critical reflections on the impact of volunteer tourism on children’s wellbeing in residential care institutions in Cambodia as it is regulated, described and reported. We provide a critical stance on current debates about the reasons behind institutionalisation; the various linkages between institutionalisation and volunteer tourism to care facilities; the (lack of) competence, training and stability of volunteer tourists in care facilities; the interface between volunteer tourism and corruption; and the ways in which institutionalisation and volunteer tourism reinforce and are reinforced by predominant Western ideas and ideals about childhood.

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Harry Shier

There is evidence from around the world that teaching on “rights and responsibilities” in schools is confused and ill-informed; as a result, children are misled and manipulated. Child researchers in Nicaragua discovered new evidence to support this view. An examination of the literature in search of guidance on how to teach children about rights and responsibilities found no consensus, but revealed eight different ways in which the relationship between children’s rights and responsibilities has been conceptualised: (1) Rights imply duties of a duty-bearer; (2) Rights imply responsibilities by reciprocity; (3) Responsibilities can be inferred from human rights instruments; (4) Some legal instruments define both rights and responsibilities for children; (5) Cultural and religious traditions may emphasise responsibilities, but rights can still be promoted in a way that is sensitive to these traditions; (6) Responsibilities can be paired with rights as part of classroom management strategies; (7) “Citizenship” can be taught as a contractual arrangement involving rights and responsibilities of the citizen; and (8) Children, as active citizens, can take on responsibilities, including the promotion and defence of their own rights and the rights of others. The challenge for educators is to develop a pedagogical approach that can encompass all of the above in a way that is appropriate, relevant and not confusing to children.

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Laura Lundy and Helen Stalford