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This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.
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.
Child Survivors of Genocide: Trauma, Resilience, and Identity in Guatemala presents mixed-method, comparative ethnographic research conducted with orphaned child survivors who are now adults. These survivors were orphaned during Guatemala’s thirty-six-year internal armed conflict and particularly during the heightened period of genocide from 1978 to 1983, referred to as la violencia. Raised for the majority of their childhoods in a family-style permanent residential home in the highlands region, the author examines the long-term consequences that these individuals have faced not only from grieving the loss of their parents and family members but also because of their orphan status. While t...
Too many juvenile delinquents persist in their offending into adulthood. They constitute a major burden for individual victims, for businesses and the justice system, all contributing to the total cost of crime for society. Focusing on the transition between juvenile offending and adult crime, this book examines research based on Dutch, European and North-American studies on the persistence and discontinuity of offending between late adolescence and early adulthood. Presenting empirical studies showing why persistence or discontinuity take place, the book provides up-to-date information on preventive and remedial interventions to promote discontinuity of offending amongst young adults. From the same team who produced 'Tomorrow's Criminals', this book will be a valuable resource for criminologists, criminal justice professionals, psychologists, sociologists, and psychiatrists interested in juvenile and young adult offenders, as well as those interested in what makes career criminals and youth who reform.
Since the adoption of the UN Convention on the Rights of the Child (1989) children’s rights have assumed a central position in a wide variety of disciplines and policies. This handbook offers an engaging overview of the contemporary research landscape for those people in the theory and practice of children’s rights. The volume offers a multidisciplinary approach to children’s rights, as well as key thematic issues in children’s rights at the intersection of global and local concerns. The main approaches and topics within the volume are: • Law, social work, and the sociology of childhood and anthropology • Geography, childhood studies, gender studies and citizenship studies • Participation, education and health • Juvenile justice and alternative care • Violence against children and female genital mutilation • Child labour, working children and child poverty • Migration, indigenous children and resource exploitation The specially commissioned chapters have been written by renowned scholars and researchers and come together to provide a critical and invaluable guide to the challenges and dilemmas currently facing children’s rights.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
In Children and the Responsibility to Protect, Bina D’Costa and Luke Glanville bring together more than a dozen academics and practitioners from around the world to examine the intersections of the Responsibility to Protect (R2P) principle and the theory and practice of child protection. Contributors consider themes including how the agency and vulnerability of children is represented and how their voices are heard in discussions of R2P and child protection, and the merits of drawing together the R2P and Children and Armed Conflict (CAAC) agendas, as well as case studies of children’s lives in conflict zones, child soldiers, and children born of conflict-related sexual violence. This collection of essays was first published in the journal Global Responsibility to Protect (vol.10/1-2, 2018) as a special issue. Contributors are: J. Marshall Beier, Letícia Carvalho, Bina D’Costa, Myriam Denov, Luke Glanville, Michelle Godwin, Erin Goheen Glanville, Cecilia Jacob, Dustin Johnson, Atim Angela Lakor, Katrina Lee-Koo, Ryoko Nakano, Jochen Prantl, Jeremy Shusterman, Hannah Sparwasser Soroka, Timea Spitka, Jana Tabak, Shelly Whitman.
Transitional justice is usually associated with international criminal courts and tribunals, but criminal justice is merely one way of dealing with the legacy of conflict and atrocity. Justice is not only a matter of law. It is a process of making sense of the past and accepting the possibility of a shared future together, although perpetrators, victims and bystanders may have very different memories and perceptions, experiences and expectations. This book goes further than providing a legal analysis of the effectiveness of transitional justice and presents a wider perspective. It is a critical appraisal of the different dimensions of the process of transitional justice that affects the imag...
This book critically examines why a human rights framework would improve the wellbeing and status of young people. It explores children’s rights to provision, protection, and participation from human rights and clinical sociological perspectives, and from historical to contemporary events. It discusses how different ideologies have shaped the way we view children and their place in society, and how, despite the rhetoric of children's protection, people under 18 years of age experience more poverty, violence, and oppression than other group in society. The book points to the fact that the USA is the only member of the United Nations not to ratify a children’s human rights treaty; and the impact of this decision finds US children less healthy and less safe than children in other developed countries. It shows how a rights-respecting framework could be created to improve the lives of our youngest citizens – and the future of democracy. Authored by a renowned clinical sociologist and international human rights scholar, this book is of interest to researchers, students, social workers and policymakers working in the area of children's wellbeing and human rights.