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This volume constitutes a commentary on Article 17 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict, and the Sale of Children, Child Prostitution and Pornography. It provides a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children, and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional, and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general principles, and the inclusion of ‘third parties’ (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children’s rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children’s rights law and human rights law – and the potential for their isolation, inspiration or integration – may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children’s rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.
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.
In this commentary, Aoife Daly provides analysis of Article 15 of the UN Convention on the Rights of the Child – the right of children to freedom of association and assembly. Relevant international law text and case law are examined, but this commenary goes beyond this to reconceptualise Article 15. The right is applied to themes as varied as association with family and friends, political demonstrations, and the unionisation of working children, with the special position of children to the forefront of the analysis. Possibilities for progressing the right through UN mechanisms, courts and other arenas are considered. In doing so, this book pushes traditional boundaries to and understandings of association and assembly, drawing-out particularly child-specific elements of this crucial right.
This in-depth text goes beyond the rhetoric of the debate on children’s rights and the Convention on the Rights of the Child, in particular, to provide a detailed examination of the impact that U.S. ratification of the Convention would have on U.S. law. The chapters have been written by leading children’s advocates and scholars with a general audience in mind, as the authors believe that it is important for all Americans to become informed about the Convention and about children’s rights in general. With a greater understanding of the substance of the Convention and children’s rights, readers will be better positioned to determine what the real issues are, what is simply rhetoric without any basis in fact or law, and how they can address the real issues in an effective manner in order to provide a better world for all children.
This book demonstrates how a focus on children’s rights can help practitioners to safeguard children during humanitarian crisis. Child Rights in Humanitarian Crisis focuses on understanding and advancing child rights through practical applications of a child rights perspective in crisis response. The book establishes that with accessible, child-friendly participatory means, crisis response can improve from a child rights perspective and even advance children’s rights whilst also supporting and furthering the development of a child’s agency. The volume presents the reader with a clear focus on children from a range of backgrounds, including those most marginalised, such as children with disabilities. Drawing on expertise from the field as well as academia, and providing practical examples which link case studies to legal policies in recent and protracted humanitarian responses, such as in Turkey and at the Lithuania–Belarus border, this book is a treasure trove of advice from some of the humanitarian and development sector’s most experienced professionals. Combining insights from both research and practice, this book will be an essential read for humanitarian students and practitioners.
This volume constitutes a commentary on Article 32 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
‘Young People and Social Media: Contemporary Children’s Digital Culture’ explores the practices, relationships, consequences, benefits, and outcomes of children’s experiences with, on, and through social media by bringing together a vast array of different ideas about childhood, youth, and young people’s lives. These ideas are drawn from scholars working in a variety of disciplines, and rather than just describing the social construction of childhood or an understanding of children’s lives, this collection seeks to encapsulate not only how young people exist on social media but also how their physical lives are impacted by their presence on social media. One of the aims of this volume in exploring youth interaction with social media is to unpack the structuring of digital technologies in terms of how young people access the technology to use it as a means of communication, a platform for identification, and a tool for participation in their larger social world. During longstanding and continued experience in the broad field of youth and digital culture, we have come to realize that not only is the subject matter increasing in importance at an immeasurable rate, but the amount of textbooks and/or edited collections has lagged behind considerably. There is a lack of sources that fully encapsulate the canon of texts for the discipline or the rich diversity and complexity of overlapping subject areas that create the fertile ground for studying young people’s lives and culture. The editors hope that this text will occupy some of that void and act as a catalyst for future interdisciplinary collections. ‘Young People and Social Media: Contemporary Children’s Digital Culture’ will appeal to undergraduate students studying Child and Youth Studies and—given the interdisciplinary nature of the collection— scholars, researchers and students at all levels working in anthropology, psychology, sociology, communication studies, cultural studies, media studies, education, and human rights, among others. Practitioners in these fields will also find this collection of particular interest.