United Nations Convention On The Rights Of The Child Research Articles

Child participation in South African primary schools: How useful is the Lundy model?

Background: The concept of ‘learner voice’ has received global attention in recent years, frequently credited to the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC recognises that children have (1) the right to express a view and (2) the right to have the view given due weight. However, in many countries, including South Africa, despite legislation that recognises child rights, there is a relative absence of learner voice and participation in school-level decision-making.Setting: The setting of this continuing professional development (CPD) initiative is GADRA Education, a non-governmental organisation (NGO), in Makhanda Eastern Cape.Method: A consultative participation approach was adopted with Grades 2–4 learners, under the auspices of GADRA Education. Eight child participation consultations were held, followed by a further eight feedback sessions 5 months later. All were audio-recorded.Results: The results of the CPD initiative suggest that the model provides a useful framework for increasing child participation in primary schools. However, further deliberation is necessary ‘with’ learners around choices related to space, audience, and the alternative ‘hat’ of the facilitating teacher.Conclusion: Building on our learning, we aim to develop these ideas further through a more sustained research project, involving not only consultative participation but also collaborative participation and child-led participation.Contribution: Insight into the extent to which the Lundy model of child participation (Lundy 2007) can be used as a framework to guide researchers and practitioners in assisting primary school learners to develop their voice and exert influence in matters concerning them.

Queering children’s rights: a critical queer analysis of the UNCRC

ABSTRACT While there is increasing attention for LGBTQIA+ concerns within human rights, the legal instruments and academic discussions regarding children’s rights remain largely silent on issues involving sexuality and gender. Due to pervasive protectionist narratives and heteronormative assumptions governing modern childhood, children’s rights implicitly limit the expression of (queer) children and lack the tools and guidance to navigate complex queer disputes. In this context, this paper explores the world’s leading document on children’s rights – the UN Convention on the Rights of the Child (UNCRC) – from a queer theoretical perspective, uncovering how children’s rights are interwoven with social constructs surrounding gender and sexuality. In doing so, this paper first explores the relevance of queering the UNCRC and sets out a queer theoretical framework within the human rights context. Through this lens, finally, the paper discusses three overarching areas of queer critique within the UNCRC: 1) the construction of childhood, 2) child sexuality and gender and 3) the normalising impacts of restrictions on child agency on queer children. It concludes that the UNCRC has great potential to catalyse the implementation of LGBTQIA-focused protections, but more work is needed to clarify and strengthen the legal position of the queer child within its ambit.

The emotional terrain of foster and kinship carers’ relationships with parents of children in care: Carers’ perspectives

Children in foster and kinship care have a right to relationships with their parents. The United Nations Convention on the Rights of the Child (UNCRC) asserts children’s right to contact with their parents and families during periods of separation, except where this is proven not to be in the child’s best interests. Foster and kinship carers can play a pivotal role in children’s opportunities for, and experiences of, connection to parents and other family. Yet, the relationship between carers and parents is often characterised by ambivalence and tensions. Emerging research suggests that training and support to carers can help them to navigate their own and children’s relationships with their families. However, such support is not routinely available, and the evidence-base for supporting carers to manage complex relationships with parents is not well-developed. In this paper, we report on a study with 113 foster and kinship carers in Queensland (Australia). We explore carers’ perceptions of the emotional aspects of their relationships with parents. A novel feature of our study is our exploration of carers’ perceptions of affiliative and threat-based emotions in their relationships with birth parents. We report that carers experience a wide spectrum of emotions in their relationships with parents, some of which strengthen these relationships while others create distance. We find also that carers receive little, if any, formal support in building relationships with parents and for supporting children’s opportunities for, and experiences of family contact. Aboriginal and Torres Strait Islander carers report being unsupported in meeting their cultural obligations in developing relationships with children’s parents and families. We discuss the implications for formal support to improve carers capacities to build and maintain their own, and children’s, relationships with parents.

In search of a prerequisite for infant participation in pregnancy: a depth-hermeneutical interpretation of conversations between coming mothers and midwives

Based on the fact that the United Nations Convention on the Rights of the Child (UNCRC) gives the right to participate and be heard in situations that affect their lives to all children, even pre-verbal infants, we have looked for the infant voice in parental narratives about their child. Conversations between 16 mothers and a professional at two stages were videotaped and transcribed. The first conversation between mother and midwife took place in pregnancy and, the second, between mother and health nurse, was completed when the child was about six months old. We wanted to invent a method that could find the voice of pre-verbal children, even before birth, a method capable of registering the child’s impact on us and decoding this influence into common language and practical action. Based on infant research on intersubjectivity and qualitative methodology from psychosocial research, we developed a procedure of depth-hermeneutical interpretation of the parental narratives. In this article we describe the results from the interpretation of the narratives made in pregnancy. Through the procedure of Scenic-Narrative Microanalysis, a very suitable method of depth-hermeneutic group interpretation, we identified three different areas of conflict or tension in the data material: container versus oneness; openness versus narrowness; and control versus curiosity. A description of the epistemological foundations and the research procedures from data collection to interpretation will be given. The results from the second round of interpretation will be analysed and compared with the results from the pregnancy narratives, and published in a future article.

Child Discernment, a Global Problem

The United Nations Convention on the Rights of the Child (UNCRC) related to the rights of the child, on the one hand, in articles 12, 13, 14 and 15, regulates the freedoms of thought, opinion, conscience and religion, as well as association and free expression, on the other hand. Objectives: also, the holders of obligations for the child’s best interest have the duty to turn these rights into reality as a direct guarantee of respecting their interests. Therefore, the state has an obligation to create the possibility that no child is marginalized in the realization of these fundamental freedoms through all possible measures. Research methods: right compared to the position in Rep. Moldova, USA, Georgia, etc. in relation to legislative changes, jurisprudence with special regard to the cases resolved by the ECHR in the field, theoretical methods such as the comparative, historical, sociological method of course regarding the discernment of the child, because the methods used are strictly subordinate to the proposed purpose. Results and implications of the study: the Committee on the Rights of the Child (CRC), in its general comment no. 12 (2009), shows that the practices through which the contribution of children is required to rise to certain levels of honest and moral participation of children.

An Analysis of South Africa's Constitutional and UNCRC-imposed Obligations to achieve Children's Socio-economic Rights: A Critique

Children require specific protection due to their heightened vulnerability to human rights violations, which can be attributed to several factors such as economic adversity, racial tensions, and armed conflicts. The current situation in South Africa is characterised by a pressing and significant prevalence of severe poverty. The enduring effects of apartheid have contributed to a broad range of socioeconomic challenges inside our deeply divided country. Children are particularly impacted by these issues and experience immediate suffering as a result. In the Republic of South Africa, a significant proportion of the youth population experiences the distressing circumstance of living in poverty. It has been reported that a significant proportion, ranging from 60 to 75 percent, of the youth population in South Africa is experiencing impoverished living conditions. The prevalence of HIV infection and the consequential mortality rates due to AIDS among caretakers have a detrimental effect on the well-being of children. The United Nations Convention on the Rights of the Child (UNCRC) encompasses social, economic, and cultural rights under its provisions. Following the ratification of the UNCRC in June 1995, South Africa is legally obligated to implement the articles pertaining to the rights of children. The formulation and structuring of socio-economic rights and corresponding duties towards children under the South African Constitution were significantly influenced by the UNCRC. The interests of children in South Africa are effectively safeguarded through the provisions enshrined in the Constitution and the duties outlined in the UNCRC. This study assesses the extent to which South Africa has adhered to its constitutional and UNCRC-mandated responsibilities and commitments in order to achieve the socioeconomic rights of children Keywords: UNCRC, socio-economic rights, children, obligations, Constitution

A psychological and legal analysis of the figurines in the sand picture of a 12-year-old girl induced into a “marriage” with a man in his late 40’s

This article seeks to explore the symbolism of Sandplay figurines in relation to a 12-year-old girl who was induced into a child “marriage” with a man in his late forties. By analysing the Sandplay figurines, this article aims to shed light on the psychological and physical impact of child “marriage” on the child. The narrative expressed through the placement of figurines emphasizes the vulnerability and loss of childhood felt by the child, while also highlighting the involvement of archetypal key figures such as the stepmother, father, step sisters, close relatives and neighbours in the arrangement and the cajoling of the child into “marriage”. These archetypal figures tap into the collective unconscious and are represented in fairytales such as <i>Cinderella</i> and in the opera <i>Madame Butterfly</i>. The role of the United Nations Convention on the Rights of the Child (UNCRC) which all African countries have ratified, will be considered. While the UNCRC does not specifically refer to Child “Marriage”, some of the articles can be used to condemn Child “Marriage” and protect child victims from what is a paedophiliac practice. In contrast, the African Convention on the Rights and Welfare of the Child (ACRWC), article 21(2), explicitly refers to child marriage, deems it to be illegal and makes several recommendations on how governments can protect and support child victims of this practice.

Dilemmas Related to Young Children’s Participation and Rights: A Discourse Analysis Study of Present and Future Professionals Working with Children

According to the United Nations Convention on the Rights of the Child (UNCRC), every child has the right to be heard and express their views in matters that concern them. Yet, participation is one of the most debated aspects of the UNCRC. Although children’s participation is a statutory requirement of Finnish early childhood education and care (ECEC) and schools, educators are often unfamiliar with how to meet the demands of participation. In this study, we examined what kinds of counter discourses about the realization of children’s participation could be differentiated in interviews with present and future education professionals who took part in a study program focusing on knowledge and skills regarding young children’s rights and participation. The data, which consisted of individual and group interviews with 31 participants, were analyzed with discourse analysis. Three counter discourses were identified: unrealized, adult-defined, and elusive participation. The discourses illuminated various dilemmas in children’s participation. Awareness of such dilemmas enables the development of pedagogical practices that enhance children’s wellbeing and rights.

Dilemma of School Management Teams in Balancing Discipline and Multiple Deprivations among Learners through Integrated Management Approach

The United Nations Convention on the Rights of the Child (UNCRC) has emphasized the paramount importance of ensuring the safety and protection of children globally. In alignment with this goal, the South African government took a proactive step by prohibiting corporal punishment as a means of disciplining learners within schools. However, this prohibition subsequently led to a resurgence of learner indiscipline within the educational system. The objective of this study was to delve into the experiences of School Management Teams (SMT) employing an integrated management approach to maintain discipline in an environment marked by multiple challenges. Through qualitative research methods involving interviews and document analysis, this study gathered insights from purposively selected participants, including teachers (2), SMT members who are also parents (2), and student leaders (4). Thematic analysis was conducted on the data and findings were categorized based on the emerging themes. The outcomes of this research shed light on several critical factors affecting discipline within schools. Firstly, the leniency exercised by teachers was identified as a significant factor undermining the enforcement of the school code of conduct. Secondly, overcrowded classrooms emerged as a substantial obstacle, making it arduous for teachers to offer individualized attention and promptly address behavioural issues. Lastly, inadequate support from the Department of Basic Education was recognized as a clear barrier to effectively upholding discipline in schools. In light of these findings, it is imperative to advocate for comprehensive training programs and adequate resource allocation for school management teams. These initiatives would equip SMTs to navigate the unique challenges associated with multiple deprivations and effectively manage disciplinary matters. Such investments are indispensable for fostering an environment conducive to effective education and overall growth of learners.

Does Group Size of Provision Matter for Children Who Experience Residential Group Care in Scotland?

It is widely recognised that trauma-informed care is fundamental to meeting the needs of children who experience residential care. Service design is central to this, and the aim of this article is to illustrate the experiences of 13 young people who have lived within group care settings, to highlight how a service’s capacity can impact on children’s needs being met. Using findings from a PhD thesis engaging 18–29-year-olds in Scotland, the research used a mixed methodological approach of questionnaires and semi-structured interviews to elicit young people’s retrospective care experiences. The findings show that the number of children within a setting can adversely affect the feeling of being emotionally and practically supported, resulting in some children feeling that their needs were not fully met. This will offer insight to practitioners, managers and decision makers who are engaged in the delivery and development of children’s services. Background: The United Nations Convention on the Rights of the Child (UNCRC) articles 3, 9 and 20 and Scotland’s Independent Care Review state what children should expect from authorities and services responsible for providing alternative care. The ambition for Scotland’s children is that they “grow up loved, safe, and respected so that (they) realise their full potential”. For those who spend a period of their childhood growing up in residential care, they should experience a relational, trauma-informed and caring approach from staff.

“Ask Them” Again: An Inquiry-based Approach to Incorporating Children’s Participation Rights in a Rural, Agriculture-focused Canadian Elementary School

We strove to incorporate United Nations Convention on the Rights of the Child (UNCRC) Article 12 into a broader project focused on an elementary school’s curriculum development by inviting the students to express their views on their education. In two studies conducted approximately a month apart, children aged 5 to 10 years were asked to draw pictures about school and then describe and explain their drawings to a member of the research team. Findings revealed differences in children’s thoughts on what they want at school (Study 1, N=37) versus what they think their education should involve (Study 2, N=36). In particular, children tended to focus on STEM, physical activity, and nature when describing what their education should involve. Together, our studies in combination with previous findings suggest that children have common beliefs about their education.

Child Rights in Bangladesh: A Comparative Analysis on National and International Legal Framework

Child rights are always ignored through the ages irrespective of the national or international arena. Children are most susceptible to all types of vices and victimizations, and so intensive care is required for their protection. Although there are many national and international laws for the protection of children’s rights but these are not above criticism. Child abuse is a common and frequent thing in Bangladesh. The United Nations set forth some rules for protection of children’s rights. Being a member state, United Nations Convention on the Rights of the Child (UNCRC)-1989, is trying to protect children from abuse but it cannot be suppressed in any way. This paper is an attempt to show the actual socio-economic scenario of the children in Bangladesh and show a roadmap regarding how to protect the child rights. Additionally, this paper examines the National and International Legal Framework where children’s rights are protected and traces various causes for violation of these rights.

Leaving no one behind: A case for inclusive social protection for displaced children

AbstractThe United Nations Convention on the Rights of the Child (UNCRC) outlines the rights for every child, including the right to benefit from social security and the right to a standard of living adequate for their physical, mental, spiritual, moral, and social development. The UNCRC is the most widely ratified human rights treaty to date. However, millions of children continue to be denied their rights and face poverty, vulnerability and social exclusion, merely because they are displaced – internally or across borders. Children bear the heaviest burden of displacement, despite not being responsible for its triggers. This reality underlines that a significant population is being “left behind”, threatening progress to achieve the UN Sustainable Development Goals as part of international efforts to end poverty and ensure all people enjoy peace and prosperity. This article advocates for inclusive social protection systems for displaced children by highlighting the difficulties they encounter, emphasizing the potential benefits of social protection, and assessing the current status of inclusive social protection for this vulnerable group. Drawing on emerging lessons from UNICEF’s experience across several refugee and internal displacement contexts, such as Brazil, Ethiopia, Slovakia, and Türkiye, the article also offers recommendations to strengthen inclusive social protection systems specifically tailored to meet the humanitarian and development needs of displaced children.

The devil is in the details: entrenching human rights protections in the UK’s devolved nations

In states with multilevel governance systems, such as the United Kingdom (UK), human rights are subject to variable gradations of implementation based on the political will and the legal competence of the subnational governments to implement international law. Entrenching rights through incorporation secures domestic enforcement, which, in turn, paves the way for proactive human rights culture change and guards against human rights regression. This article examines the future of increasing human rights protections in the devolved nations of the UK in the wake of the Incorporation Reference decision. First, the article reflects on the opportunity to entrench international human rights protections through incorporation as one form of implementation. Next, Scotland’s path to increasing implementation of the United Nations Convention on the Rights of the Child (UNCRC) will be presented, including an examination of the key features of the UNCRC (Incorporation) (Scotland) Bill. These features are then juxtaposed against the challenges raised in the Incorporation Reference case. International law is the lens through which the analysis is delivered, aligning with UN human rights treaty body guidance and focused on delivering human rights in national settings. Finally, the article argues that, despite the difficulty posed by the interpretation of devolved legal competence delivered in the Incorporation Reference judgment, from the perspective of international law, there remains a great opportunity to entrench human rights in the devolved nations through incorporation legislation and other measures that respect, protect and fulfil human rights.

Gun violence and the voices of youth on community safety in the time of COVID-19 in East Harlem, NY: a youth participatory action research cross-sectional study

BackgroundThe USA has failed to codify the protection of children from gun violence (GV) as a human right. This study employs a youth participatory action research methodology, within the framework of the United Nations Convention on the Rights of the Child (UNCRC), to investigate the relationships between GV exposure, self-identified gender and perceptions of children’s rights and safety.MethodsAn anonymous survey based on UNICEF USA’s Child Friendly Cities Initiative interactive survey tool targeting adolescents was modified by East Harlem, New York high school student co-researchers in collaboration with near-peer graduate students. The 61-question survey was administered at an East Harlem high school. Analysis consisted of univariate, bivariate and logistic regression using SPSS®.ResultsA total of 153 students completed the survey: 48.4% self-identified as male and 45.8% as female. Thirty-five percent reported witnessing GV. Most (79.1%) were aware of child rights regardless of gender or GV exposure but there were differences in perceptions of safety. Fifteen percent of females reported never feeling safe at school compared to 3% of males (p = 0.01). Females were 2.2 times as likely as males to report transportation waiting areas as never safe (p = 0.008). Almost a third of females reported never feeling safe from sexual harassment in public, compared to 10% of males (p = 0.004). In multivariable logistic regression adjusted for gender, race/ethnicity and grade level, students who witnessed GV were 4.6 times more likely to report never feeling safe from violence (95% CI 1.7–12.4). Thirty percent of students who witnessed GV reported not attending school because of safety concerns. Students who witnessed GV had 2.2 times the odds of carrying a weapon to school (95% CI 1.1–4.5). These patterns continued for other perceptions of safety.ConclusionsThe students in this study affirmed their rights to participate and express their views on matters that may affect them, as articulated in the UNCRC. The study revealed differences in perceptions of safety by self-identified gender and identified gun violence as a major contributor of youth’s perception of lack of safety. The study evinces the efficacy of employing YPAR methodology to identify and answer youth concerns of community safety and prioritize honoring child rights.

Children’s Participation in Child Welfare: A Systematic Review of Systematic Reviews

Abstract The objective of this research was to conduct a systematic review of systematic reviews related to Article 12 of the UN Convention on the Rights of the Child (UNCRC) as it relates to children and young people involved with child welfare agencies. This systematic review sought to comply with the guidance from the JBI Manual for Evidence Synthesis on umbrella reviews. Fourteen databases were searched using predefined terms. Six hundred seventy-four original hits were retrieved for title and abstract searching after independent searching by the authors. Of those, fourteen were included for full independent reads and all fourteen were selected after discussion. Each systematic review was appraised using an eleven-point quality checklist from JBI. A thematic review was conducted to ascertain the themes across all systematic reviews. Three themes emerged (i) children’s voice is not taken seriously; (ii) relationships are an important determining factor in (un)successful participation; and (iii) the context of participation is important. Our conclusion is that despite mandated UNCRC requirements to involve children and young people within the child protection system, the possibilities for children and young people to express their views remain restricted.

‘Can we see our voices?’ Young children’s own contributions to authentic child participation as a pillar for sustainability under the United Nations Convention on the Rights of the Child (UNCRC)

ABSTRACT This article demonstrates how implementing a rights-based research methodology can contribute to the theory and practice of climate change research and education with young children. The argument stems from a child rights-based participatory study that sought to explore young children’s own perspectives of Nature under the education right, Article 29 1 (e) of the UNCRC. The study took place over nine-months in an early childhood setting in Ireland. It illustrated that with the necessary resources (time, flexibility in research agenda and a listening adult) children define their own education and participatory rights. Drawing on these insights, and integrating scholarship from children’s rights, early childhood pedagogy, and education for sustainable development (ESD), this article advocates for a methodological approach to climate research and education that foregrounds children’s agency. I argue that children must be positioned as rights-holders within their educational settings and have their views heard and included in curriculum making. I also argue, in virtue of listening within it, that early childhood (EC) pedagogy mutually reinforces authentic child participation. I offer seven key strategies designed with the participants that could be adopted by practitioners wishing to engage in a child rights-based ESD approach; creating a meaningful listening environment, reconceptualising the term ‘expertise knowledge’, taking time for ongoing reflexivity, maintaining an ‘ethical radar’, understanding each other, ensuring meaningful participation, and balancing power dynamics.

EPS2.01 Hear my voice: research by and with children with cystic fibrosis

Objectives: Quality of life remains an under-explored concept in CF paediatric research. The United Nations Convention on the Rights of the Child (UNCRC) has fundamentally shaped children’s participatory rights in research, emphasising the need to include their voice. Children with cystic fibrosis (CF) must be directly included in assessment of their quality of life. Semi-structured interviews with children with CF and their parents sought the children’s recommendations for key themes for the development of a new quality of life (QoL) disease-specific, self-assessment tool.

Impact of Separation Anxiety on Vulnerability of Children without Parental Care

The present study examined the impact of separation anxiety on the vulnerability of children without parental care. Parenting is no doubt one of the most tedious, diverse, and complex jobs to execute, and when it goes wrong, it affects society deeply. Parents are the first form of protection for their children, and when the roles are not executed, it tends to affect the child’s moral and psychological abilities. Separating children from their loved ones and/or familiar environments has a great impact on the developmental milestones of such children. Separation anxiety is a required distress-response to being separated from one’s caregivers during infancy, which is critical to the child’s emotional or psychological development. Regardless of the fact that some children develop coping strategies to regulate how they react to this distress, others hardly handle it, and it affects their behaviors and how they react to things. The United Nations Convention on the Rights of the Child (UNCRC) suggests that bringing up a child under the care of a parent or close relative is of great help to the child. However, children who are not privileged to have such opportunities are subjected to negligence and severe vulnerability. Some of the factors that contribute to child vulnerability include, but are not limited to, disability, parents’ educational level, and mental health status. Therefore, this commentary aims to investigate the previous empirical studies and other psychological implications and triggers of vulnerability in children without parents. It suggests that, apart from the physical and socio-economic challenges faced by children without parents, some psychological challenges (e.g., separation anxiety) predispose them to being vulnerable.

Fluid transitions – “weak” constellations of participation in the process of leaving care

This conceptual article describes how, in terms of organization theories, shifts in the chronological transition to adulthood produce “weak” constellations of participation during the process of leaving care. In contrast, the professional discourse on participation is dominated by concepts that ultimately call for “strong” constellations as a means of enabling participation. In that discourse, participation is seen as being governed by the organizational structure of the child and youth care services, which, for example, determine the chronology of the steps taken by care leavers (e.g., moving out of their residential home or the foster family) and thus also affect their opportunities for participation. Altogether, chrononormativities are seen to play a prominent guiding role. Research into participation relating to child and youth care generally pays little attention to emerging adulthood: the professional debate mainly relates to the UN Convention on the Rights of the Child (UNCRC), which focuses on the age of majority as its biographical milestone. For this reason, this article will start out by summarising the research on participation during the process of leaving care. Three analyses of contemporary society taken from youth studies will then be used to describe the chronological arrangements young people currently experience during this transition. First, we will examine the dynamics influencing young people’s biographies during emerging adulthood in some countries and affecting their opportunities for participation. Second, we will focus on the varied range of life circumstances, coping situations and social disadvantages facing care leavers. Third, we will study how the “beyond Covid” situation is affecting care leavers. Finally, we will argue that in view of these unclear chronological transitional constellations during the process of leaving care, it would be fruitful for research on participation to examine “weak” constellations of as a means of identifying and analysing different signals through which people make their voices heard. This understanding of participation against the background of leaving care will make it possible to recognise not just “strong”, activating forms of participation, but also different degrees of participation and ways in which it is expressed.