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 volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.
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
Low fertility in Europe has given rise to the notion of a ‘fertility crisis’. This book shifts the attention from fertility decline to why people do have children, asking what children mean to them. It investigates what role children play in how young adults plan their lives, and why and how young adults make the choices they do. The book aims to expand our comprehension of the complex structures and cultures that influence reproductive choice, and explores three key aspects of fertility choices: the processes towards having (or not having) children, and how they are underpinned by negotiations and ambivalences how family policies, labour markets and personal relations interact in young adults’ fertility choices social differentiation in fertility choice: how fertility rationales and reasoning may differ among women and men, and across social classes Based on empirical studies from six nations – France, Scandinavia, Denmark, Norway, Sweden, Germany and Italy (representing the high and low end of European variation in fertility rates) – the book shows how different economic, political and cultural contexts interact in young adults' fertility rationales. It will be of interest to students and scholars of sociology, anthropology, demography and gender studies.
Considering the rights of the child is now central to all fields involving children and to good multi-agency working. This book offers an explanation of the theoretical issues and the key policy developments that are crucial to all professions, and helps the reader to understand children's rights in relation to their role in working with children and young people. Looking at education, health, social care and welfare, it bridges the gap between policy and practice for children from Birth to 19 years. Chapters cover: - the child's right to play - youth justice and children's rights - the voice of the child - ethical dilemmas in different contexts - involvement, participation and decision making - safeguarding and child protection - social justice and exclusion This book helps the reader understand what constitutes good practice, whilst considering the advantages and tensions involved in working across disciplines to implement children's rights against a complex legislative and social policy backdrop. Essential reading for undergraduate and graduate students on Early Years, Early Childhood Studies, Childhood and Youth, Education, Law, Social Work, Play and Psychology courses, it is relevant to professionals working across education, health and social work.
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.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
‘Children’s Rights, Educational Research, and the UNCRC’ provides international perspectives on contemporary issues pertaining to children’s rights in education. The global context, relevance and implications of children’s rights, educational research and the United Nations Convention on the Rights of the Child (UNCRC) are explored from multiple perspectives. Since the development of the UNCRC over 25 years ago, significant changes have occurred in the way that children’s rights are considered, conceptualised and enacted. Even so, there remains a continued debate surrounding the extent to which the children’s rights agenda is embraced within education, as researchers, teachers and other educational professionals continue to consider the degree to which the UNCRC informs practice. This book provides critical and focused discussion on the challenges of enacting children’s rights in educational research contexts and alerts readers to the ways in which children’s rights provide a provocation to think and practise differently. Chapter contributions from scholars in Australia, Finland, Portugal, Sweden and the United Kingdom provide diverse contexts from which subsequent educational and research practice can be derived. Each chapter problematises different aspects of children’s rights within the context of educational research with both broad and specific wide-ranging implications and provides examples of different ways that these aspects are considered in practice.
