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This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.
Norway tops international indexes on children's rights but continues to attract criticism for its level of compliance with the Convention of the Rights of Child. This book address this implementation paradox.The authors ask: What is the current level of implementation? How can we explain any gap in perceived performance? Can we improve our measurement of children's rights? With the use of quantitative and qualitative methods, the volume examines a wide range of areas relevant to children's rights. These include child protection and sexual violence, detention and policing, poverty and custody proceedings, asylum and disability, sexual orientation and gender identity, and childcare and human rights education. In addition, the book offers a proposal for an alternative statistical approach to measuring Norway's performance. The book's editors conclude by pointing towards the complex set of factors that complicate full realisation and the need for the Government to engage in proper measurement of implementation
The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.
The Nordic countries have a century-long tradition for cooperation within the area of citizenship law. Since the mid-1970s, however, the Nordic countries have moved in different directions. Today, the Nordic countries represent the entire continuum in European citizenship policies – from liberal Sweden to restrictive Denmark, with the other Nordic neighbors in between. This report reviews the historical development and the current citizenship regime in the five Nordic countries, it provides statistics on the acquisition and loss of citizenship in each country over the past 10-15 years, and it offers a comparative analysis of the divergent development of citizenship law in the 2000s. The concluding chapter discusses possible consequences of the different citizenship regimes and the prospects for strengthened cooperation between the Nordic countries in the area of citizenship law.
"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.
This book looks at the domestication of children?s rights through the means of constitutionalisation. Landmark judgments from constitutional courts from across the globe have risen to prominence; for example, the constitutional courts of Indonesia and Zimbabwe outlawing child marriage and the constitutional court of Columbia on the assignment of a gender to an intersex born child, to name a few. Further, the CRC Committee continues to recommend State parties to consider enshrining children?s legal rights at the apex level of law, and there is some interest in, for instance, Germany, in pursuing such an approach. 00An explicit reference to children?s rights in national constitutions may prevail in cases of conflict and it can provide binding standards for legislative, policy, and regulatory measures. Since the adoption of the CRC thirty years ago, a growing body of jurisprudence in domestic courts has served to illuminate the corresponding challenges and limitations.00Constitutionalised, children?s rights become an important frame of reference for the formulation and implementation of legislation and strengthen children?s standing before the courts. However, many leading constitutional developments remain inaccessible due to language barriers. 'Constitutionalisation of Children?s Rights' is a first effort to make developments and case law more accessible.
This book is open access under a CC BY 4.0 license. This edited collection explores the background and implementation of the Nordic Barnahus (or 'Children's House') model – recognised as one of the most important reforms related to children who are the victims of crime in the Nordic region. This book discusses both its potential to affect change and the challenges facing it. The model was introduced as a response to a growing recognition of the need for more integrated and child-centred services for children exposed to violence and sexual abuse. In the Barnahus structure, different professions work together to ensure that victimized children receive help and treatment and that their legal rights are met. This original study is organised into four broad themes: child-friendliness, support and treatment; the forensic child investigative interview; children’s rights perspectives; and interagency collaboration and professional autonomy. Each themed section includes in-depth chapters from different Nordic countries, outlining and analysing the practice and outcomes of the collaborative work engaged in by Barnahus from different perspectives. The introductory and concluding chapters offer a comparative lens useful for policy and practice implementation within the Nordic welfare state context and beyond, ensuring this book has global academic and practical appeal.
"Children's rights": the phrase has been a legal battle cry for twenty-five years. But as this provocative book by a nationally renowned expert on children's legal standing argues, it is neither possible nor desirable to isolate children from the interests of their parents, or those of society as a whole. From foster care to adoption to visitation rights and beyond, Martin Guggenheim offers a trenchant analysis of the most significant debates in the children's rights movement, particularly those that treat children's interests as antagonistic to those of their parents. Guggenheim argues that "children's rights" can serve as a screen for the interests of adults, who may have more to gain than the children for whom they claim to speak. More important, this book suggests that children's interests are not the only ones or the primary ones to which adults should attend, and that a "best interests of the child" standard often fails as a meaningful test for determining how best to decide disputes about children.
This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states. .
Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.