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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.
This is the story of two children caught in the midst of war.It is 1939 and thirteen-year-old Ilse, half-Jewish, has been sent out of Germany by her Aryan mother to a place of supposed safety. Her journey takes her from the labyrinthine bazaars of Morocco to Paris, a city made hectic at the threat of Nazi invasion. At the same time in Germany, Nicolai, a boy miserably destined for the Nazi Youth movement, finds comfort in the friendship of Ilse’s mother, the nursemaid hired to take care of his young sister. Gripping and poignant, The Children’s War is a stunning novel of wartime lives, of parents and children, of adventure and self-discovery.
Six years from now, Paul Daniels, a dynamic young lawyer at a small but prestigious firm, handles the appeal of the Elmore family to overturn a decision awarded to a minor son under new Civil Rights legislation, specifically Title XII, Minors' Protection, and the subsequent Children's Rights Act. Daniels shocks everyone by winning the appeal, provoking powerful responses from a Children's Rights Title XII coalition and its opposing Family Rights Title XII group. The case goes to the Supreme Court. With the date for oral presentations just a week away, Daniels is discreetly visited by Mitch Harris, a Children's Rights champion - who is not yet born! That is followed by visits from Harris' adversaries - also from the future. A frantic week of intrigue, danger, threats and action ensues as all involved wrestle to impact the long term effect of the imminent Court decision on their interests.
'Born of War' examines the human rights of children born of wartime rape and sexual exploitation in worldwide conflict zones. Detailing the impacts of armed conflict on these children's survival, protection and membership rights, the text suggests that these children constitute a particularly vulnerable category in conflict zones.
In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.
Societal turbulence, state collapse, religious and ethnic conflict, poverty, hunger, and social exclusion all underlie children's involvement in armed conflict. Drawing from empirical studies in eleven conflict-ridden countries, including Pakistan, Sri Lanka, Thailand, Colombia, Uganda, Palestine, Somalia, Liberia, Sierra Leone, Sudan, and South Sudan, Children Affected by Armed Conflict crosses cultures and contexts to capture a range of perspectives on the realities of armed conflict and its aftermath for children. Children Affected by Armed Conflict upends traditional views by emphasizing the experience of girls as well as boys, the unique social and contextual backgrounds of war-affected children, and the resilience and agency such children often display. Including children who are victims of, participants in, and witnesses to armed conflict in their analyses, the contributors to this volume highlight innovative methodologies that directly involve war-affected children in the research process. This validates the perspectives of children and ensures more effective outcomes in postwar reintegration and recovery. Deficits-based models do not account for the realities many war-affected children face. The alternative approaches presented in this edited collection—which acknowledge the realities of both trauma and resilience—aim to generate more effective policies and intervention strategies in the face of a growing global public health crisis.
Graca Machel, UNICEF's special rapporteur, also scrutinises sexual crimes in time of war, the fate of orphans, the disproportionate suffering of children endure in civil wars, and their special vulnerability to such side-effects of conflict as famine, disease and social fragmentation. "The Impact of War on Children" is an urgent call to action-for the commitment and tenacity needed to protect children from the atrocities of war. Children present a uniquely compelling motivation for mobilisation, and an opportunity to confront the problems that cause their suffering. This book is complemented by 16 evocative photographs by Sebastiao Salgado, a documentary photographer of world renown, covering Afghanistan, Iraq, Palestine, Rwanda and elsewhere.
While the notion of young people as individuals worthy or capable of having rights is of relatively recent origin, over the past several decades there has been a substantial increase in both social and political commitment to children’s rights as well as a tendency to grant young people some of the rights that were typically accorded only to adults. In addition, there has been a noticeable shift in orientation from a focus on children’s protection and provision to an emphasis on children’s participation and self-determination. With contributions from a wide range of international scholars, the Handbook of Children’s Rights brings together research, theory, and practice from diverse perspectives on children’s rights. This volume constitutes a comprehensive treatment of critical perspectives concerning children’s rights in their various forms. Its contributions address some of the major scholarly tensions and policy debates comprising the current discourse on children’s rights, including the best interests of the child, evolving capacities of the child, states’ rights versus children’s rights, rights of children versus parental or family rights, children as citizens, children’s rights versus children’s responsibilities, and balancing protection and participation. In addition to its multidisciplinary focus, the handbook includes perspectives from social science domains in which children’s rights scholarship has evolved largely independently due to distinct and seemingly competing assumptions and disciplinary approaches (e.g., childhood studies, developmental psychology, sociology of childhood, anthropology, and political science). The handbook also brings together diverse methodological approaches to the study of children’s rights, including both quantitative and qualitative perspectives, and policy analysis. This comprehensive, cosmopolitan, and timely volume serves as an important reference for both scholarly and policy-driven interest in the voices and perspectives of children and youth.
The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.
Children at War is the first comprehensive book to examine the growing and global use of children as soldiers. P.W. Singer, an internationally recognized expert in twenty-first-century warfare, explores how a new strategy of war, utilized by armies and warlords alike, has targeted children, seeking to turn them into soldiers and terrorists. Singer writes about how the first American serviceman killed by hostile fire in Afghanistan—a Green Beret—was shot by a fourteen-year-old Afghan boy; how suspected militants detained by U.S. forces in Iraq included more than one hundred children under the age of seventeen; and how hundreds who were taken hostage in Thailand were held captive by the rebel "God's Army," led by twelve-year-old twins. Interweaving the voices of child soldiers throughout the book, Singer looks at the ways these children are recruited, abducted, trained, and finally sent off to fight in war-torn hot spots, from Colombia and the Sudan to Kashmir and Sierra Leone. He writes about children who have been indoctrinated to fight U.S. forces in Iraq and Afghanistan; of Iraqui boys between the ages of ten and fifteen who had been trained in military arms and tactics to become Saddam Hussein's Ashbal Saddam (Lion Cubs); of young refugees from Pakistani madrassahs who were recruited to help bring the Taliban to power in the Afghan civil war. The author, National Security Fellow at the Brookings Institution and director of the Brookings Project on U.S. Policy Towards the Islamic World, explores how this phenomenon has come about, and how social disruptions and failures of development in modern Third World nations have led to greater global conflict and an instability that has spawned a new pool of recruits. He writes about how technology has made today's weapons smaller and lighter and therefore easier for children to carry and handle; how one billion people in the world live in developing countries where civil war is part of everyday life; and how some children—without food, clothing, or family—have volunteered as soldiers as their only way to survive. Finally, Singer makes clear how the U.S. government and the international community must face this new reality of modern warfare, how those who benefit from the recruitment of children as soldiers must be held accountable, how Western militaries must be prepared to face children in battle, and how rehabilitation programs can undo this horrific phenomenon and turn child soldiers back into children.