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This edited collection critiques, from an interdisciplinary perspective, the growing body of EU children’s rights activities in the light of broader political, economic and legal processes. Specifically, it interrogates whether EU intervention effectively responds to what are perceived as violations of children’s rights and the extent to which EU efforts to uphold children’s rights complement and reinforce parallel national and international pursuits. Moreover, it scrutinises the compatibility of EU children’s rights measures with the principles and provisions enshrined in the UN Convention on the Rights of the Child (CRC).
The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.
Due to the demand for flexible working hours and employees who are available around the clock, the time patterns of childcare and schooling have increasingly become a political issue. Comparing the development of different “time policies” of half-day and all-day provisions in a variety of Eastern and Western European countries since the end of World War II, this innovative volume brings together internationally known experts from the fields of comparative education, history, and the social and political sciences, and makes a significant contribution to this new interdisciplinary field of comparative study.
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.
This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.
This book explains the differences between European countries in the supply and forms of public child care and preschool provisions by reference to the historical context in which these forms originated and to the institutional constraints underlying their development.
Protecting children from sexual violence - A comprehensive approach is a collection of highly readable expert papers for both child professionals And The general public. it is divided into five parts, presenting a European overview and covering the existing legal frameworks; abuse prevention and reporting; rehabilitation and social reintegration of victims; sexual violence on the Internet; and public and private partnerships against abuse. it also sheds light on the little-known problem of children who are sexually abusing other children. In addition to providing thorough information on the many facets of this complex subject, this publication also highlights new concepts, facts and recommendations. Foremost is the significant lack of data on the prevalence and nature of sexual violence in Europe, underscoring the need for co-ordinated pan-European research and information gathering, which are vital to effective policy making and programme design. it also sounds the alarm for urgent co-ordinated action in various fields to drastically improve child protection through awareness raising; targeted and specialised training, intervention and therapy programmes; sex education in schools; responsible family attitudes; and justice systems with tighter abuse laws and which take account of children's special needs as reliable witnesses. Protecting children from sexual violence is published as part of the Council of Europe campaign to stop sexual violence against children. The hope is that this publication will inspire judges, The police, educators, governments, The media and legislatures to join the campaign and expose, demythify and take concerted action to combat sexual violence against children, a phenomenon that affects as many as 20% of children in Europe
The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.
This book critically examines how and why Eastern enlargement has impacted on EU human rights policy. By drawing on the EU’s intervention in human rights provision in Romania before 2007, it is demonstrated that the feedback effects of this intervention have led to the emergence of an EU child rights policy. Eastern enlargement has also raised the profile of Roma protection, international adoptions and mental health at the EU level. The impact of these developments has been further reinforced by the constitutional and legal provisions included in the Lisbon Treaty. It is argued that Eastern enlargement has led to the emergence of a more robust and well-defined EU human rights regime in terms of its scope and institutional clout. This book makes a substantial contribution to the scholarship on EU enlargement, Europeanisation and EU human rights policy by providing empirical evidence for the emergence and persistence of EU institutional and policy structures upholding human rights.