Human Rights Of Children Research Articles

Impacto de la violencia política en el juego de niños y niñas Mapuche de una comunidad de la Región de la Araucanía

Este estudio describe el impacto que tiene la violencia política en el juego de los niños y niñas Mapuche entre 5 y 12 años, que hayan presenciado, al menos, un allanamiento en la comunidad donde residen. La metodología aplicada corresponde a un estudio cualitativo, orientado desde un enfoque fenomenológico de tipo exploratorio y un paradigma interpretativo. Como instrumento, se aplicó entrevistas semi-estructurada, cuyos ejes fueron: Ambiente, Violencia Política y Juego. Los principales resultados obtenidos, indican que el tipo de juego predominante es de tipo violento, cuyo propósito corresponde a una preparación para el “enfrentamiento” con instituciones policiales, más que hacia el placer mismo de jugar. A modo de conclusión, se plantea que Terapia Ocupacional debe abordar y tener un rol activo dentro de éstas problemáticas sociales, que permita el análisis de este campo, y en materia de igualdad y derecho, involucren causas a favor de los derechos humanos, en este caso, del niño o la niña.

Acceso al derecho de asilo de los niños, niñas y adolescentes no acompañados en México

Este artículo tiene la finalidad a estudiar los diferentes problemas, realidades y retos que enfrenta la niñez refugiada no acompañada en México para acceder al procedimiento de asilo en México. Sobre todo, cuando el fenómeno de la movilidad humana ha tenido gran relevancia en esta región de las Américas debido a las políticas actuales migratorias, las cuales tienden a darle mayor prioridad al tema de seguridad, que a los derechos humanos de los niños, niñas y adolescentes (NNA) con indicios de desprotección internacional. Al respecto, se utilizará el método sistemático y de revisión bibliográfica, para analizar el problema del acceso al procedimiento de asilo de la niñez refugiada en México y, los retos que enfrentan en cuanto a sus derechos humanos. Esta propuesta toma como referencia los planteamientos abordados desde la perspectiva del derecho internacional de los derechos humanos y del derecho de los refugiados.

HHS Found to Be Unprepared for Family Separation Policy

Back to table of contents Previous article Next article Government & LegalFull AccessHHS Found to Be Unprepared for Family Separation PolicyKatie O'ConnorKatie O'ConnorSearch for more papers by this authorPublished Online:24 Apr 2020https://doi.org/10.1176/appi.pn.2020.4b8AbstractThe HHS Office of Inspector General identified numerous communication and management challenges that interfered with the preparation and response to the zero-tolerance policy that resulted in the separation of migrant, undocumented children and families.iStock/csfotoimagesAccording to a report by a federal watchdog, communication and management failures within the U.S. Department of Health and Human Services (HHS) left the department ill prepared to care for the thousands of undocumented children who were suddenly separated from their parents after a harrowing journey across the United States–Mexico border.The HHS Office of Inspector General (OIG) detailed in a March report the various problems that impeded HHS’s response to the “zero-tolerance” policy issued by the Trump administration in spring 2018. The policy, implemented by the Department of Justice (DOJ) and Department of Homeland Security (DHS), resulted in the forced separation of more than 2,600 children from their families once they crossed the U.S. border. APA adamantly condemned the practice (see Psychiatric News).The OIG report is based on interviews with staff from 45 care facilities across the country, case reviews from a sample of separated children, and more than 5,000 documents.According to the report, HHS was not notified in advance of the zero-tolerance policy, despite the existence of numerous interagency channels that are meant to facilitate coordination between federal departments. Meanwhile, staff within the Office of Refugee Resettlement (ORR), which is responsible for the care of separated children, raised concerns about a significant increase in the number of separated children, yet key senior HHS officials failed to act.“One would have believed that, in light of the ‘zero-tolerance policy,’ decisive leadership would have included processes and protocols to protect the welfare of innocent children, even those who may have illegally entered U.S. borders,” said Kimberly Gordon, M.D., a child and adolescent psychiatrist; former vice chair of APA’s Council on Children, Adolescents, and Their Families; and immediate past president of APA’s Caucus of Black Psychiatrists.Communication challenges plagued the reunification process as well. Care facility staff had problems trying to confirm the relationship between parents and children, delaying reunification.One facility’s lead mental health clinician, who was not identified, stated that “not knowing what happened to their parents haunted the children,” according to the report. “We couldn’t tell them whether they would ultimately be reunited. It was challenging. We weren’t notified initially about how to connect parents with their kids. The kids had lots of questions, but we had no answers for them.”In the March report, OIG recommended that HHS work to improve communication with both other federal agencies and with ORR care facilities, as well as to improve its system of identifying and tracking separated children.The report also recommended that HHS ensure children’s interests are prioritized and represented in decisions, both within HHS and with other agencies. This is meant to “reaffirm that children’s welfare is the core, central mission,” said Ann Maxwell, assistant inspector general for evaluations, in an interview. Some HHS officials expressed to OIG a lack of awareness of the unique challenges of caring for separated children.“In this program, HHS takes legal custody of these children, and with that they take on the responsibility of ensuring their safety and well-being,” Maxwell said.OIG’s recommendations are not mandates, Maxwell explained, but the OIG does have a broad platform to ensure HHS follows its recommendations, such as through reporting to Congress and the public.Gordon said federal agencies can seek counsel from mental health professionals and child welfare agencies to develop protocols that protect the human rights of children. “This is, above all things, a human rights issue.” ■“Communication and Management Challenges Impeded HHS’s Response to the Zero-Tolerance Policy” is posted here. ISSUES NewArchived

A Focus on Domestic Structures: Best Interests of the Child in the Concluding Observations of the UN Committee on the Rights of the Child

ABSTRACT The views of human rights treaty bodies are essential in understanding key treaty provisions. However, the interpretations of the Committee on the Rights of the Child, the monitoring body of the United Nations Convention on the Rights of the Child, are mostly scattered in concluding observations that the Committee issues in response to states' periodic reports. Through systematic analysis, this article shows how the Committee conceptualises the best interests of the child, an important yet indeterminate concept for the children's rights framework and human rights law in general, in the concluding observations. The article argues that the Committee connects best interests to various recurring contexts. Most importantly, the Committee focuses on active measures through which states are supposed to implement the best interests of the child. These six cross-cutting themes—legislative measures, integration in practices, cooperation, awareness-raising and training, resources, and monitoring—correspond to the general measures of implementation that the Committee has previously identified, and they are used as a framework to analyse the concluding observations. The results demonstrate the importance of domestic structures in implementing human rights. They can also be interpreted as reflecting the Committee's understanding of best interests as a positive obligation.

PENERAPAN DIVERSI SEBAGAI IMPLEMENTASI HAK ASASI ANAK BERKONFLIK DENGAN HUKUM

A child who commits a legal offence is a special concern from the state. Diversi is the application of versioning is an effort from the government to protect the child from negative stigmatization and based on the best needs and interests for children, by seeking a version through the approach of Restorative justice. This research aims to determine how the implementation is versioned as a child's human rights implementation and what constraints are faced by related parties in the running of versioning. This research uses a qualitative method of research approach with a literature study technique that is further analyzed qualitatively. Children are trusting and give that must be guarded because the child is the hope of the state as a nation's successor so that children should be protected. The results of this study show that versioning is one of the government's efforts to protect the child's rights from adverse influences and the stigmatization of the community and is done for the best interest of the child. Obstacles faced in the form of lack of the presence and the existence of a sectoral ego between the law enforcement officers so that the version has not run optimally and the need to socialize about the law of the Child criminal system Community.

The Exhibition Hello, Dear Enemy! and the Power of Collaboration

The Exhibition Hello, Dear Enemy!and the Power of Collaboration Elliott Schreiber (bio) In the summer of 2016, on a research fellowship at the International Youth Library (IYL) in Munich, Germany, I was fortunate to see the IYL's exhibition Hello, Dear Enemy! Picture Books for Peace and Humanity. By then, Germany had taken in over a million refugees, many from war zones in Syria and Afghanistan. Munich had opened its doors to tens of thousands of asylum seekers. But shrill, nationalist voices in Europe, including in Germany, as well as in the UnitedStates, were calling for these doors to be closed.By contrast, the sixty picturebooks collected in the exhibit, together with the forty graphically stunning posters and banners, cast a humane light on the plight of civilians in conflict zones around the world as well as on wrenching experiences of displacement. I inquired into the possibility of bringing the exhibit to my home institution, Vassar College, a private liberal arts college in Poughkeepsie, New York. I learned that I was not the first representative from a US institution to express such an interest: the director of Worlds of Words (University of Arizona) as well as the HumanRights Institute at the University of Connecticut had also reached out to the IYL. The ensuing partnership between our institutions and the IYL laid the groundwork for a US tour of Hello, Dear Enemy! that began in fall 2017 and recently concluded. Click for larger view View full resolution The origins of this exhibit, in 1998, were based on the awareness that the effects of war, hostility, destruction, and suffering impact all people and children, whether directly as victims of conflict or indirectly as those within countries to which those affected escape. Likewise, the predominance of these topics in the media and in political and social discussions prompts inquisitive minds to question. At the International Youth Library, the belief is that picturebooks dealing with conflict and escape can "provoke reflection and inspire dialogue that sensitizes readers to processes of exclusion and invites them jointly to reflect on the foundations for a peaceful future" (Raabe 57). Thus, in 1998 a collection of books on peace and tolerance was sent to the IBBY Congress in New Delhi, which led to the creation a few years later of the exhibition Hello [End Page 89] Dear Enemy! Picture Books for Peace and Tolerance. The fall of 2014, amidst global crises bringing the topic of refugees and borders to the forefront, found the curators at the International Youth Library updating the exhibit in terms of content, staging design, and a name change: Hello, Dear Enemy! Picture Books for Peace and Humanity. Sixty picturebooks published mainly in the last fifteen years are divided into four themes: "the concrete experiences of war and escape; the causes of war and violence; xenophobia and prejudice; and peace utopias" (Raabe 57). Click for larger view View full resolution Each of the institutions involved in the US tour of this exhibition invested a great deal of time and energy to ensure that it achieved maximum visibility and impact. When Vassar hosted Hello, Dear Enemy! during our spring semester of 2018, we found that the key to achieving this goal was to bring to the local level the kind of collaborative work that we had already begun at a national and international level. At Vassar, I had two principal partners: Tracey Holland, a fellow faculty member with expertise in the area of the human rights of children and the faculty director of the Vassar College Urban Education Initiative, and Thomas Pacio, the director of Vassar's Creative Arts across the Disciplines (CAAD), which provided the financial resources (through the generous support of the Helen Forster Novy 1928 Fund) as well as crucial logistical support. Working closely with other colleagues, we displayed the exhibit at Vassar and two other local venues, and we devised a semester-long course for Vassar students that was structured around the exhibition. Within the framework of our course, we also hosted a celebrated team of artists and conducted significant outreach to seven Poughkeepsie-area schools. Click for larger view View full resolution The principal goal of our course was to...

How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China

In the current epidemic prevention and control of the Novel Coronavirus Pneumonia (NCP) in China, the protection of human rights of children temporarily separated from guardianship during the epidemic period has not yet attracted the attention of the state and society. Some of these children have to be separated from their parents because their parents are quarantined for suspected or confirmed NCP, or these children themselves have to be quarantined because of suspected or confirmed diagnosis of NCP. Some children’s parents are doctors, police and other front-line anti epidemic staff, therefore they have no other choice but leaving the children at home alone. There are also children whose parents and other close relatives have been infected or suspected to be infected with NCP thereby have no ability to take care of them. These children are actually out of the custody of their parents. The mental and physical health of these children are suffering from great damage. However, the absence of state guardianship, guardians’ lacking awareness of protecting children's rights, and the adverse guidance of public opinions make these children be in a struggling situation at present. The First thing we must to do is establishing a systematic national guardianship system, and make clear the temporary guardianship system. Second, expanding the interpretation of leftover children and children in difficulties in the existing laws and policies, and formulating special provisions for the protection of temporary "leftover children" during the epidemic prevention and control period should be added. Third, for the "leftover children" who are temporarily out of custody in epidemic areas, the state needs to allocate special to designate special national treatment institutions where children can receive unified treatment.

Children's Human Rights Education in Swiss Curricula – An Intercultural Analysis of Educational Concepts

Children's Human Rights Education in Swiss Curricula – An Intercultural Analysis of Educational Concepts

Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas

This paper proposes a critical analysis of the innovative jurisprudential approaches taken by the Inter-American Court of Human Rights in integrating the content and scope of protection of the human rights of children, in the context of migration processes. How might one provide an effective protection to unaccompanied children that enter irregularly into the territory of a given country, when the safeguards guaranteed at the national level are elusive or inefficient? By focusing on the pioneering jurisprudence developed by the Inter-American Court of Human Rights in recent years, this paper intends to unveil how a systemic integration of children’s rights, under the light of the current international law developments, could provide an effective protection for the rights of children in the context of migration processes. In fact, as a result of an evolutive, dynamic and effective interpretation, the regional tribunal has expanded the scope of protection of the American Convention on Human Rights, by taking into consideration and making known, references to instruments and provisions enshrined within the corpus juris of international human rights law, such as the UN Convention of the Rights of the Child, and—consequently—improving the level of protection of millions of children in the Americas.

MODEL LAYANAN PENDIDIKAN AGAMA HINDU UNTUK ANAK BERKEBUTUHAN KHUSUS PASCA ERUPSI GUNUNG AGUNG DI SLBN KARANGASEM

Karangasem Extraordinary School (SLBN) is an extraordinary school located in the Regency of Karangasem, under the auspices of the Bali Provincial Government Education Office, providing proper education to students who have special needs. The responsibility for the success of the education of children with special needs in Karangasem SLBN lies in the hands of educators, namely Karangasem SLBN teachers. Special Education Teachers in Karangasem SLBN besides teaching, they also play a role in helping the development of their students. The education service model is an interesting study to study in an effort to meet the educational needs of Hinduism and Human Rights in children with special needs (ABK) in Karangasem SLBN amid the eruption of Mount Agung. Theories used to solve this research problem are behaviorism theory and humanistic learning theory.

Queensland’s new right to education:What does it mean for children with disabilities?

Queensland’s Human Rights Act 2019 includes a right to education. Schools will be required to consider the human rights of children when making decisions about enrolments and educational adjustments. This article investigates how the right to education might operate in Queensland state schools, and discusses the potential of this new provision to bring positive change for children with disabilities.

Non-citizen children and the right to stay – a discourse ethical approach

ABSTRACTThe increased efforts of democratic states to enforce immigration control and deportations have sparked heated public debates about the rights of non-citizen children to be granted asylum. Local communities, anti-deportation movements, and children themselves have rejected the justifications provided by state authorities and have mobilized claims in the public sphere for the rights of non-citizen children to stay. To date, scholars have primarily analysed normative issues about the rights of non-citizen children with departure in legal positive rights as enshrined in domestic and international law; however, scholars have paid less attention to political theoretical aspects of the issue. This article takes its point of departure from claims for non-citizen children’s right to stay as formulated in the public sphere and uses discourse ethics to theorize in what ways these claims challenge state power and contemporary laws on asylum. In addition, this article contributes to the scholarly debates about the pressing global political issue of child migration and the political theory of human rights for children. Building on Seyla Benhabib’s concepts reciprocity and democratic iterations, this article develops a discourse theoretical approach that offers an alternative framework to a legalistic approach for the normative analysis of the rights of non-citizen children.

Public Administration, Habermas and the Crisis of Legitimacy in the Youth Justice System: An Australian Case Study

Using an Australian case in which a liberal-democratic state systematically breached the human rights of children involved in in its youth justice system, this article explores the idea of ‘legitimacy’ and ‘legitimation crisis’ in the modern administrative state. We acknowledge the relevance of Habermas’ account of a crisis of legitimacy when responding to Carl Schmitt’s challenge to the claim to legitimacy vested in liberal rule of law principles found in Schmitt’s account of state sovereignty and the power to declare exceptions. In this way we highlight some issues with how conventional public administration studies have taken the liberal framework and principles like the rule of law and equality of all before the law for granted. We argue that this field of study has paid too little attention to the role of sovereign power evident when the executive creates what Dyzenhaus and Vermeules refer to as legal ‘black and gray holes’. This highlights the value of reconsidering the concern by mainstream public administration research and theory with questions of administrative discretion and the need to pay much more attention to the role of the executive in the administration of systems like the justice system.

Multi-Country Analysis of Child Marriage Laws and Policy Instruments in Africa

This paper is informed by the findings and recommendations of the UN Women East and Southern Africa led Multi-Country Analytical Study of Legislation, Policies, Interventions and Cultural Practices on Child Marriage in Africa which undertaken in 2018. The study focused on Africa as a continent but synchronised into 10 study countries (Niger, Mali, Nigeria, Egypt, Ethiopia, Malawi, Mozambique, Tanzania, DRC and Morocco). It is undoubtable that child marriage is not only a regional challenge but also a global nightmare that every treaty, convention, protocol or agreement condemn. Succinctly, the Convention on the Elimination on All Forms of Discrimination against Women (CEDAW), the UN Convention on the Rights of the Child (CRC), the Beijing Declaration and Platform of Action, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the International Conference on Population and Development of 1994 are among the leading policy instruments that advance the human rights of children and thus are critical for ending child marriage. In this analysis, the paper underscores the critical role that such legal and policy frameworks perform in transforming toxic norms across the continent and beyond to deliver the human rights of women and girls with a particular focus on country legal frameworks and policies. In a snapshot, the paper focuses on relevant laws and regulations reported in the study including those that set the minimum age for marriage at 18 years for both/either girls and boys; requirements for birth and marriage registration; sexual violence and domestic violence laws; anti-corruption laws; and family status laws regulating marriage, divorce, custody, and inheritance. Keywords: Child marriage, Child bride, age of marriage, prevalence, CEDAW, survivors, Bejing Platform for Action, UN Women, policy instruments, women and girls, constitution, customary laws, children, laws, religion, society, family code, criminal code, penal code, legal system, Africa, Niger, Mali, Nigeria, Egypt, Ethiopia, Malawi, Mozambique, Tanzania, DRC and Morocco. DOI : 10.7176/JCSD/51-07 Publication date :September 30 th 2019

Os direitos humanos da criança: análise das recomendações do Comitê dos Direitos da Criança das Nações Unidas.

O artigo tem por objetivo analisar os direitos humanos de criança sob uma perspectiva crítica, tendo em vista que a simples positivação dos direitos da criança tanto no campo internacional, quanto no âmbito nacional, não se mostrou suficiente à efetivação dos direitos humanos e fundamentais. Para tal, foi realizado um estudo do relatório da Convenção dos Direitos da Criança da ONU, de outubro de 2015, que apresentou inúmeras violações de direitos infanto-juvenis, especialmente das crianças afro-brasileiras, indígenas, pessoas com deficiência e de gênero no Brasil. Adotou-se o método indutivo com pesquisa documental e bibliográfica. Verificou-se que é preciso estabelecer um novo paradigma dos direitos humanos, extensivo aos direitos das crianças e adolescentes, como marco no paradigma da proteção integral, que considere o contexto histórico, sociológico e cultural das sociedades periféricas e o reconhecimento do sujeito e suas garantias fundamentais.

El derecho a la participación judicial de los niños, niñas y adolescentes en el Sistema Judicial Peruano: avances y desafíos

This article aims to analyze the progress and challenges of the right to judicial participation of children and adolescents in the Peruvian judicial system. Likewise, the development of the general and specific foundation attributed to this right from the perspective of the framework for the protection of the human rights of children and adolescents

Derechos Humanos de los niños, niñas y adolescentes en los procesos Arbitrales

Recibido: 15 de mayo de 2019Aprobado: 12 de junio de 2019Los conflictos familiares en donde prevalece el interés superior del niño son lentos en sustanciarse por los operadores de justicia, y que al momento de las sentencias se apegan a la aplicación del derecho positivo, sin considerar variables personales, familiares, socia educativos, dejando a un lado lo que dispone los derechos humanos como es “el interés superior del niño”. Por consiguiente la investigación tuvo por objetivo general analizar los derechos Humanos de los niños, niñas y adolescentes en los procesos Arbitrales del Ecuador. Metodológicamente se basó en una descriptiva documental, entre sus principales conclusiones se tiene que el arbitraje interdisciplinario en materia de la niñez y adolescencia propende al mejoramiento de las relaciones familiares además del cumplimiento voluntario y no forzado de las obligaciones parentales de los integrantes de la familia.

Children's Human Rights and Social Work Advocacy: “Lawful Correction”

ABSTRACTIn Australia, adults are afforded greater protection from assault than children. The “lawful correction” defence stems from an 1860 UK judgement that condoned the correction of “evil in the child” through the infliction of “moderate and reasonable corporal punishment”, including with an implement. While more enlightened attitudes towards children are now evident, “childism” (discriminatory and disempowering attitudes towards children) persists. Corporal punishment remains an outdated parental privilege, and a lawful infringement of children’s human rights. In light of increasing scientific research evidence of its detrimental effects, it is also a public health issue, and this article advocates for its full prohibition. Despite United Nations’ censure, and bans in 54 countries, Australian governments have failed to adequately recognise children’s rights to dignity and protection from harm. As social work positions itself as a human rights profession seeking to address injustice, disempowerment, and disadvantage, social workers and the Australian Association of Social Workers (AASW) are called to advocate for children and for law reform.

Law of Peace and Children's Human Rights

International human rights law qualifies children's standing as subjects of human rights. Yet children are mostly unqualified in peacemaking. The seeming disconnect between law and practice raises a multiplicity of questions: Is it justified from the perspective of the law of peace? May children’s human rights yield to the legitimate aim of pursuing peace? And if not, why are children mostly unqualified in peace agreements? And how might this be transformed? In this Study, Sarah M Field explores these questions. In doing so she examines the complex and evolving interrelations between the laws of peace and international human rights, yields overlapping legal and political opportunities for giving effect to children’s rights in peacemaking and develops suppositions as to why children are mostly unqualified in peacemaking. The staged findings offer a beacon for responding to the complex child rights challenges yielded by the fragile and mutable process of peacemaking. At its core, Sarah argues this begins by taking legal and other measures to qualify or officially recognise children’s presence (and ultimately also children’s agency) in the staged process. In conjunction with bringing children into being in peacemaking, it supports the parties to comply with their broader human rights obligations and commitments. In conclusion, Sarah imagines a framework of evolving legal and other measures for qualifying children’s presence (and ultimately also children’s agency) in peacemaking — inspired by children’s views and emerging practice.

Mental health policies tackling violation of children's human rights in Chile

In August, 2018, the UN Committee on the Rights of the Child reported on the plight of thousands of at-risk children who are subject to extreme neglect, leading to endangerment and human deterioration in Chile. 1 UN Committee on the Rights of the ChildInforme de la investigación relacionada en Chile en virtud del artículo 13 del Protocolo facultativo de la Convención sobre los Derechos del Niño relativo a un procedimiento de comunicaciones. https://www.ohchr.org/Documents/HRBodies/CRC/CRC_C_CHL_INQ_1.pdfDate accessed: February 25, 2019 Google Scholar This alarming report noted that the human rights of children living under court protection and deprived of liberty (ie, those living in the National Children's Service, Sename) are being systematically violated. It also highlighted that nearly 70% of these at-risk children have at least one untreated mental disorder. In the report, the Chilean Health Ministry acknowledged that, despite this high prevalence of mental disorders among children living in institutions, these children have little or no access to mental health services. Additionally, it revealed a systematic lack of access to most diagnostic and health services: 68·6% of adolescents aged 14–18 years show symptoms associated with depression, but, of those, 45·3% have not been evaluated by a psychologist or psychiatrist. The Committee concluded that Chile lacks a plan to treat mental health issues in children and adolescents. 1 UN Committee on the Rights of the ChildInforme de la investigación relacionada en Chile en virtud del artículo 13 del Protocolo facultativo de la Convención sobre los Derechos del Niño relativo a un procedimiento de comunicaciones. https://www.ohchr.org/Documents/HRBodies/CRC/CRC_C_CHL_INQ_1.pdfDate accessed: February 25, 2019 Google Scholar