Academic literature on the topic 'Children's participation in legal processes'
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Journal articles on the topic "Children's participation in legal processes"
1
Couzens, Meda. "Exploring public participation as a vehicle for child participation in governance: A view from South Africa." International Journal of Children’s Rights 20, no. 4 (2012): 674–704. http://dx.doi.org/10.1163/157181812x634210.
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Systematic child participation in governance decision-making has been slow to develop, and full realisation of the rights protected in Art. 12(1) of the Convention on the Rights of the Child, lags behind. This article explores alternative avenues for realising children's participation in governance, by analysing the legal protection of non-electoral forms of public participation, internationally as well as nationally in South Africa. The author provides a case study of the South African law, which arguably supports the inclusion of children's views in governance processes, through their involvement in public participation.
2
TURCZYK, MAŁGORZATA. "REALISING THE CHILD'S RIGHTS IN EARLY CHILDHOOD IN THE CONTEXT OF CHILDREN’S SOCIAL PARTICIPATION: THE CASE OF THE CHILD’S RIGHT TO A FAMILY." Society Register 5, no. 2 (May 15, 2021): 69–82. http://dx.doi.org/10.14746/sr.2021.5.2.05.
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The article presents the need to make the culture of children's rights fundamental from the earliest years of their lives, given the idea of children's social participation. Creating and practising such a culture throughout childhood is a task that requires not only a thorough knowledge of the child’s rights among both parents and teachers but also the wider acceptance of these ideas and the creation of the right environment for sharing and speaking up for them both at home and in early education settings. The academic and colloquial discourse on parental practices and institutional childcare often overlooks the dimension/significance of recognising children's participation in safeguarding their human rights. Meanwhile, the processes of early normative socialisation are of great importance to their development and their future attitudes towards law in general and towards their human rights and others' rights. Social participation is where the child can experience his or her rights and learn about respecting others' rights. With this in mind, a question must be asked about how children's rights are realised in early childhood in the context of their participation in the socialisation process. The author uses the example of the child’s right to a family as a lens to observe how the idea of the children’s participation in securing children’s rights may be realised or violated. The article is based on an analysis of the subject's literature, in which legal discourse and teachings on child-rearing and early education are used as the interpretative context.
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Schmidt, Winsor C., and Randy Otto. "A Legal and Behavioral Science Analysis of Statutory Guidelines for Children's Mental Health and Substance Abuse Services: The Florida Case." Journal of Psychiatry & Law 16, no. 1 (March 1988): 9–65. http://dx.doi.org/10.1177/009318538801600104.
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Certain issues relating to children's mental health services were recently addressed in Florida, including: the legal adversarial relationship between parent and child; guardian ad litem; child participation in legal admissions processes; child consent to outpatient counseling; appropriate placements; expert professional opinion; and costs. Available research suggests that (1) children 15 years of age and older should be as presumably capable of consenting to mental health treatment as adults; (2) due process requirements for psychiatric hospitalization of children do not necessarily harm the family system; and (3) inpatient treatment of children and adolescents is effective and preferred for a number of the more severe disorders, but outpatient treatment is indicated for the less severe and more circumscribed disorders. The statutory schemes of the Mental Health Law Project and the Virginia Task Force are both preferable to Florida's recommended reform.
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Miço, Heliona, and Manjola Zaçellari Lumani. "Legal Aspects of Participation Practices in the Albanian Education Context." Polish Journal of Educational Studies 72, no. 1 (January 1, 2020): 94–108. http://dx.doi.org/10.2478/poljes-2019-0007.
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AbstractThe article aims to provide an analysis of Albanian legislation regarding children’s and parents’ participation in education, by taking into account their respective roles and duties as known in the legal framework, as well as their on-going functional role as participants in practice. This research will analyse Albanian legislation and policies as regards the educational system, shedding light on the steps needed to be taken towards achieving international standards regarding the promotion of the participation of children and parents in education. Albania was under a communist regime, in which parental participation in the educational system was extremely limited and information given to parents was only regarding the progress of their child. After the fall of this monist regime changes did not happen immediately in the Albanian education system. The Convention on the Rights of the Child was one of the first international instruments ratified by the Albanian government focusing on the sanctioning and protection of the rights of the child, in a time when these rights were considered non-existent. Sanctioning the right of the child to express freely his or her own views in various issues where the child’s opinion is necessary requires that Albanian legislation includes the participation of children in every field especially in education. A general principle of the Convention is that the child’s right to be heard be considered as one of the four principles needed for the interpretation of all other articles. Research also demonstrates that effective schools have high levels of children’s and parental involvement. Despite the fact that legal steps have been taken towards recognition of the involvement of children and parents in education creating bodies such as the pupils’ government, school boards, parental councils, and lately the national council of parents, there are still unclear legal ways to implement their participation in the Albanian education system. In order to make participation possible, first and foremost, it is important to provide information regarding school activities, processes and decisions which must be transmitted to the children and parents, by creating routes of communication. This can be achieved by setting up some useful mechanisms that promote children’s and parents’ participation in education.
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Taylor, Nicola. "Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes." International Journal of Children’s Rights 25, no. 3-4 (November 17, 2017): 658–71. http://dx.doi.org/10.1163/15718182-02503004.
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This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.
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Riduansyah, Riduansyah, Risdalina Risdalina, Sriono Sriono, Indra Kumalasari M, and Muhammad Yusuf Siregar. "Children's Rights Conflict with the Law in the Time of the COVID-19 Pandemic." International Journal of Criminology and Sociology 10 (July 14, 2021): 1154–62. http://dx.doi.org/10.6000/1929-4409.2021.10.134.
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Children are individuals who are less than 18 years old. Children both in the constitution of the Republic of Indonesia and internationally have the right to be protected. This scientific work aims to analyze the rights of children who are in conflict with the law during the covid 19 pandemic, do children who are in conflict with the law during the covid 19 pandemic get special rights? The method used to obtain data in this scientific work is using the empirical juridical method with primary data obtained directly. Based on the results of the analysis conducted, the rights of children who are in conflict with the law during the COVID-19 pandemic in Indonesia get special rights or get special treatment. The rights of children given are the right to survival (survival rights), the right to grow and develop (development rights), the right to obtain protection (protection rights), the right to participate (participation rights). Giving health rights to children in conflict, and resolving legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children.
7
Runeson, Ingrid, Inger Hallström, Gunnel Elander, and Göran Hermerén. "Children’s Participation in the Decision-Making Process During Hospitalization: an observational study." Nursing Ethics 9, no. 6 (November 2002): 583–98. http://dx.doi.org/10.1191/0969733002ne553oa.
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Twenty-four children (aged 5 months to 18 years) who were admitted to a university hospital were observed for a total of 135 hours with the aim of describing their degree of participation in decisions concerning their own care. Grading of their participation was made by using a 5-point scale. An assessment was also made of what was considered as optimal participation in each situation. The results indicate that children are not always allowed to participate in decision making to the extent that is considered optimal. In no case was it judged that a child participated in or was forced to make a decision that was too difficult for the child. The interactions between children, parents and staff were also described in connection with discussions and decision-making processes. This showed that parents do not always support their children in difficult situations and that health care staff often inform children about what is going to happen without presenting alternatives or asking for their views. Staff may, however, find themselves facing an ethical conflict in deciding between supporting a child’s view or following hospital routine. It is of great importance that children are looked upon as potentially autonomous individuals and that staff members realize that one of their core duties is to facilitate children’s participation in decision making concerning their health care.
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King, Jennifer, Jocelyn Wattam, and Cindy Blackstock. "Reconciliation: The Kids are Here!" Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 3, no. 1 (November 24, 2016): 32–45. http://dx.doi.org/10.22215/cjcr.v3i1.75.
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Consistent with the United Nations Convention on the Rights of the Child, this paper describes children’s involvement in a historic human rights case that found the government of Canada guilty of racially discriminating against 163,000 First Nations children. Despite Canada’s efforts to discourage and bar young people from participating, children and youth were among the first and most engaged followers of the case, debunking the myth that children “can’t” or “shouldn’t” participate in legal matters. Children and youth who participate in social change activities benefit greatly from the experience, as do their communities. The participation of children and youth in the First Nations child welfare case demonstrates that young people are truly leaders in reconciliation and social justice; they teach us about how change really happens. Adults have a responsibility to facilitate exciting and creative ways to involve children in the social and legal processes that impact their lives.
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Sardohan Yildirim, Adile Emel, and Gönül Akçamete. "Examination of views and suggestions about participation of families of children with special needs in individualised education programme." Cypriot Journal of Educational Sciences 13, no. 1 (April 20, 2018): 31–40. http://dx.doi.org/10.18844/cjes.v13i1.3311.
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Individualised education programmes (IEP) will be practiced with children with special needs (CWSN) and their families. The main factor for IEP’s success is the participation of the family and also, their children. In this study, views and suggestions about participation of families of CWSN in their IEP processes are examined. The research is based on qualitative research. Five mothers and a grandmother with CWSN were participated; data are collected via semi-structured interview technique and analysed with inductive analysis technique. This research uncovers that the participants didn’t participate in their children’s diagnosis, assessment, settlement and follow-up processes, and they were not content with the assessment results. Also, the participants who didn’t participate in the IEP weren’t even aware of the legal obligation that they had to and their children’s IEP, they weren’t in cooperation with the teacher in that process, and teachers didn’t show the progress in the children to the families even if they recorded that.
Keywords: Children with special needs (CWSN), family, individualised education programmes (IEP).
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Sardohan Yildirim, Adile Emel, and Gonul Akcamete. "Examination of views and suggestions about participation of families of children with special needs in individualised education programme." Cypriot Journal of Educational Sciences 13, no. 1 (March 29, 2018): 31–40. http://dx.doi.org/10.18844/cjes.v13i1.3367.
Full textAbstract:
Individualised education programmes (IEP) will be practiced with children with special needs (CWSN) and their families. The main factor for IEP’s success is the participation of the family and also, their children. In this study, views and suggestions about participation of families of CWSN in their IEP processes are examined. The research is based on qualitative research. Five mothers and a grandmother with CWSN were participated; data are collected via semi-structured interview technique and analysed with inductive analysis technique. This research uncovers that the participants didn’t participate in their children’s diagnosis, assessment, settlement and follow-up processes, and they were not content with the assessment results. Also, the participants who didn’t participate in the IEP weren’t even aware of the legal obligation that they had to and their children’s IEP, they weren’t in cooperation with the teacher in that process, and teachers didn’t show the progress in the children to the families even if they recorded that.
Keywords: Children with special needs (CWSN), family, individualised education programmes (IEP).
Dissertations / Theses on the topic "Children's participation in legal processes"
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Jamieson, Lucy. "Children's political rights: participation in legislative processes in the South African Parliament." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12343.
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Includes bibliographical references.The aim of my study was to measure the extent of children's participation in legislative processes that affect them and examine the factors that facilitate or inhibit such participation.
2
Fransson, Ida, and Linnea Sindt. "Behandlares syn på BBIC : Rättssäkerhet, delaktighet och att få sin röst hörd." Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-10119.
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Då BBIC mötts av både positiv och negativ kritik ifrågasätter författarna vad BBIC gör för barnen. Syftet är att, utifrån behandlarens syn, undersöka vad BBIC bidragit till då det gäller att stärka barnets ställning och öka rättssäkerheten inom socialtjänstens öppenvård. Frågeställningarna rör barns behov, delaktighet, att få sin röst hörd, förändringar i behandlarens arbete samt innehållsskillnader i dokumentationen. Detta har undersökts genom en kvalitativ metod där sex intervjuer genomförts med behandlare inom barn- och familjeenheten. I resultatet framkommer bl.a. att behandlarnas situation inte förändrats nämnvärt, de har alltid haft stort fokus på barnen. Vidare har det visat sig att utredarna nu träffar barnen i större utsträckning och att barnen omnämns mer i utredningarna. Däremot anses det varken att deras röst blivit mer hörd eller att delaktigheten ökat och många barn är inte ens medvetna om de beslut som tagits. Bl.a. anses det oftast vara vuxna personers bild av barnets behov som ligger till grund för utredningarna. Kritik uttalas också gällande socialsekreterarnas bristande barnkunskap, men BBIC:s fördjupningsteman beskrivs vara till god hjälp för att kompensera detta. BBIC anses också ha bidragit till ökad rättssäkerhet och att insatsen nu kan börja redan under utredningen, uttalas vara av stor vikt.
BBIC have had both positive and negative criticism and the authors questioned what BBIC does for the children. The purpose is to examine, from social workers view, what BBIC does to strengthening the children’s position and enhance legal security in the outpatient care of social service. Issues are dealing with children's needs, participation and changes in the social workers work and differences in documentation. A qualitative method has been used and six interviews were done. The result reveals that social workers situation hasn’t change because they have always had focus on children. Furthermore, it appears that the social secretaries now see the children more often and that they are mentioned more in the investigations. However, children are almost never listened too, their participation hasn´t increased and many of them aren’t even aware of the decisions made about them. It’s usually the adults view of the child's needs that underlies the investigations. Criticism was also directed against the social secretaries because their lack of knowledge about children, but BBIC:s documents about child development are described as helpful to compensate for this. Because of BBIC treatment can start earlier and social workers believes that BBIC can lead to better legal security.
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Ottosson, Lisa. "Utan given hemvist : Barnperspektiv i den svenska asylprocessen." Doctoral thesis, Stockholms universitet, Barn- och ungdomsvetenskapliga institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-126291.
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The thesis examines accompanied asylum-seeking children’s position in Swedish asylum reception management and in the determination of their claims. The three articles of the thesis focus on children’s own experiences of seeking asylum, on the experiences and practices of the civil servants at the Migration Board, as well as those of the legal representatives that assist asylum-seekers in the application process. The thesis builds on ethnographic fieldwork carried out between 2008 and 2010 in southwest Sweden. Theoretical inspiration has been sought in the new sociology of childhood as well as in practice theory. The first article in the thesis concerns children’s caseworkers who are responsible for safeguarding children’s interests in the Migration Board’s daily work with reception. The study highlights a range of dilemmas caseworkers have to deal with in their role as frontline bureaucrats. The study shows that the children’s caseworkers often perceive their discretion as limited, but also that they themselves contribute to limiting it, for example due to their hesitation in challenging existing norms and collegiality. The second article examines the ways in which legal representatives, who act on behalf of families in asylum determinations, in their practice perceive and relate to the concept of children’s best interests and children’s right to participate. The study shows that children in families can become invisible in the legal representatives’ daily rounds. This invisibility is due to practical limitations in the representatives’ work as well as a general view that children rarely have their own grounds for asylum, as separate claimants to their parents. The third paper of the thesis explores the ways in which children experience and seek to influence circumstances that signify their time spent as asylum-seekers. The study shows how the children developed a range of tactics to deal with their particular situations, which varied with their housing and schooling, and the family’s financial resources. The conclusion is that the children themselves are the primary representatives of the child perspective in the asylum-seeking process, not least through their struggle to belong and create a life like that of ’ordinary’ children. In line with previous research in the field, the thesis points to the contradiction between the principle of regulated migration and the child perspective in the asylum-seeking process. Together with practical circumstances, such as lack of resources, this contradiction results in a more limited implementation of the child perspective than rules and regulations actually stipulate. Finally, the thesis points to the active role asylum-seeking children take in their efforts to create an everyday life that is as similar as possible to that of the ’ordinary’ children (e.g. non asylum-seeker and permanently settled children) around them.At the time of the doctoral defense, the following paper was unpublished and had a status as follows: Paper 1: Submitted.
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Williams, Felicity Gertrude. "Children's participation and procedures at the office of the family advocate." Thesis, 2004. http://hdl.handle.net/10413/9514.
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Children's right to participate in judicial and administrative matters that affect
them is perhaps the most frequently overlooked children's right, globally. This
research was a descriptive study of what exists with regard to children's
participation, at the Office of the Family Advocate, when parents divorce.
The methods of data collection used included a content analysis (quantitative
method) a focus group interview (qualitative method) and review of the literature
and legislation. The content analysis involved analyzing the data of forty case
files involving disputed cases, according to a content analysis schedule. The
focus group interview was conducted with family advocates and family
counselors and focused on various factors that facilitate or impede children's
participation at the enquiry.
The data obtained was analyzed manually and presented in the form of pie
charts, tables, discussions and quotes. From the content analysis the researcher
found that most children had definite views regarding their future care. One of the
factors that hinder children's participation at the enquiry is the fact that not all
enquiries are conducted using the team approach. The research also indicates
that the adversarial nature of divorce proceedings impact negatively on children's
participation and a more conciliatory approach would prove more child-centered.
The focus group interview indicates that the professionals involved have positive
attitudes towards children's views and participation in the enquiry. Children's
expressed wishes are considered in conjunction with other factors such as the
bond between parent and child, and the suitability of the parent. The focus group
participants made various suggestions with regard to ensuring a more child centered
approach regarding children's participation. The researcher presented
the major findings, together with recommendations for future research at the end
of the study.Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2004.
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Allan, Karen. "The participation of civil society organisations in the development of the children's bill." Thesis, 2008. http://hdl.handle.net/10210/453.
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Salvador, Rommel. "Child Participation in the Philippines: Reconstructing the Legal Discourse of Children and Childhood." Thesis, 2013. http://hdl.handle.net/1807/43724.
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This thesis explores the participation of children within legal discourse by looking at how laws and policies engage or disengage children. The basic premise is that to understand children’s participation is to confront the discourse of children and childhood where we uncover underlying assumptions, interests and agendas that inform our conception of who the child is and what the experience of childhood entails. Specifically, the thesis examines child participation within the Philippine legal framework by looking at the status, conditions and circumstances of children in four contexts: family, educational system, work environment and youth justice system. It argues that our conceptions of children and childhood are not only produced from a particular discourse but in turn are productive of a particular construction and practices reflected in the legal system.
In its examination, the thesis reveals a complex Philippine legal framework shaped by competing paradigms of children and childhood that both give meaning to and respond to children’s engagements. On the one hand, there is a dominant discourse based on universal patterns of development and socialization that views children as objects of adult control and influence. But at the same time, there is some concrete attraction to an emerging paradigm influenced by childhood studies and the child rights movement that opens up opportunities for children’s participation.
In advocating for broader acceptance of the emerging paradigm, the thesis identifies distinctive understandings of this paradigm in the Philippine context. A central argument is that in reconstructing the legal discourse of children and childhood, children’s participation grounded on the emerging paradigm does not necessarily introduce “new” understandings of children and childhood in the Philippines but, in fact, confirms existing beliefs and practices that articulate deeply held indigenous relational values. Within this contextualized understanding of the emerging paradigm, the thesis articulates children’s participation as: recognition of children as rights-bearers; acknowledgment of children’s realities as lived and experienced by them; and respect for the meaningful and constitutive relationships that children establish. Consequently, the intrinsic quality and meaning of actions of the child and towards the child take on a significant legal, social and moral value.
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Banda, Hastings Lisuntha. "Children's participation in development : a study of Chata area developmnet programme of world vision." Diss., 2009. http://hdl.handle.net/10500/3364.
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Participation in development is not a new concept as over the years, facilitators of
development have realized that meaningful development can only be achieved when the
people concerned take part in decision making and implementation of activities affecting
them.
This study was done to examine the extent to which child participation is being achieved
in a development programme area, facilitated by World Vision Malawi, a Non
Governmental Organization. The study was done in Chata Area development
programme (ADP) located in T/A Chimutu in Lilongwe district. Children are defined as
any person below the age 18.
The study used mixed methods approach in which quantitative and qualitative
approaches were used. Through random and purposive sampling, 110 children and 105
adults were interviewed using a questionnaire. Focus group discussions and key
informant interviews were also done to supplement information collected through the
questionnaires.
Analysis of the quantitative data collected was done using Scientific Package for Social
Scientists (SPSS) tool while the qualitative data was analyzed manually using common
themes that emerged from the findings.
The findings of the study show that despite the many development activities in Chata
area participation of children has been limited. Adults look down upon children as a
minority group which cannot meaningfully participate in development activities.
Furthermore, the study found such factors as cultural and traditional practices, gender,
level of education and other household characteristics to be the major barriers to
children‟s participating in development activities. Surprisingly, the findings further
indicate that much as the programme has been engaged in advocacy activities, these
have focused more on creating awareness on child protection only rather than child
participation.
The study argues that if children will have to sustain the development gains in
communities such as Chata, then they equally need to participate in the development
process to enhance their future capacities in related development activities.
On the overall, therefore, the study recommends that there is a need to create
awareness on the adults to change attitude when they look at children and begin to
create room for children to participate in the development process in an age appropriate
manner. There is a need to create systems and structures that will enable children be
included in the decision making process while building their capacity and self esteem.Development Studies
M.A. (Development Studies)
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Mujinga, Sandrine Mutumba. "The participation of children in HIV/AIDS clinicals trials : ethical and legal considerations." Diss., 2009. http://hdl.handle.net/10500/2700.
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This dissertation examines the legal position relating to the participation of children in
research, especially in HIV preventive clinical research in South Africa. HIV/AIDS
presents a real threat to humanity and particularly to the welfare of children. The
participation of children in this type of trials is therefore vital. Children, as vulnerable
participants, must also be protected from harm resulting from research. The study also
considers the nature of HIV preventive clinical research, pointing to the inconsistencies
in the legislation governing children’s participation in HIV preventive vaccine trials. The
dissertation concludes that the question of the participation of children in HIV preventive
clinical research poses many challenges, as the position in the South African law and
relevant ethical guidelines are inconsistent and contradictory. The study recommends in
the final instance that the relevant statutory provisions and ethical guidelines be
harmonised in order to clear up the inconsistencies.Jurisprudence
LL.M. (Legal Aspects of HIV/AIDS)
Books on the topic "Children's participation in legal processes"
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Child participation in the constitution making process: Children's consultations. Harare: Justice for Children Trust, 2010.
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2
1957-, O'Neill Tom, and Zinga Dawn, eds. Children's rights: Multidisciplinary approaches to participation and protection. Toronto Ont: University of Toronto Press, 2008.
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3
Kenya. National Coordinating Agency for Population and Development, ed. Report of the Workshop on Monitoring of Children's Protection and Participation Rights in Kenya: 16-17 October 2008. Nairobi, Kenya: National Coordinating Agency for Population and Development, 2009.
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4
Hevener, Kaufman Natalie, ed. The participation rights of the child: Rights and responsibilities in family and society. London: Jessica Kingsley Publishers, 1997.
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Jo, Campling, ed. Children, family and the state: Decision-making and child participation. Bristol, UK: Policy Press, 2002.
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Guptā, Vijaya. Children's literature and reading habit. New Delhi: Deep & Deep Publications, 1997.
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McEwan, Elaine K. How to deal with parents who are angry, troubled, afraid, or just plain crazy. Thousand Oaks, Calif: Corwin Press, 1998.
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How to deal with parents who are angry, troubled, afraid, or just plain crazy. 2nd ed. Thousand Oaks, Calif: Corwin Press, 2005.
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United States. Congress. Senate. Committee on Indian Affairs (1993- ). Tribal recognition: Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Seventh Congress, second session, on S. 1392, to establish procedures for the Bureau of Indian Affairs of the Department of the Interior with respect to tribal recognition and S. 1393, to provide grants to ensure full and fair participation in certain decisionmaking processes at the Bureau of Indian Affairs, September 17, 2002, Washington, DC. Washington: U.S. G.P.O., 2003.
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10
Sherry, Mark, Anne-Marie Callus, and Ruth Farrugia. Disabled Children's Rights to Participation. Taylor & Francis Group, 2016.
Find full textBook chapters on the topic "Children's participation in legal processes"
1
Malloy, Lindsay C., David J. La Rooy, and Michael E. Lamb. "Facilitating Effective Participation by Children in the Legal System." In Children's Testimony, 423–29. Chichester, UK: John Wiley & Sons, Ltd, 2011. http://dx.doi.org/10.1002/9781119998495.ch20.
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Liebel, Manfred. "Children’s movements as citizenship from below." In Decolonizing Childhoods, 191–216. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781447356400.003.0010.
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Citizenship of children implies that they can assume political co-responsibility in society on an ongoing basis, as well as influence societal processes and political decisions, not only in the future, but in the present. To understand children as citizens means that they can do so in a particular, but equal and equivalent way as adults. This must be accompanied by the development of a culture of children's rights in society that takes children seriously as legal subjects and grants them, in particular, participation rights, which enable them to make their own decisions in all areas of life and in society including questions, which touch the interests of adults. This requires not only the recognition of the children's competencies, but also the creation of conditions, which enable children to develop their agency competencies and use them practically. First, this chapter outlines what can be understood by citizenship in general and what problems are associated with the term. Then it discusses concepts of citizenship that relate directly to children and their relatively impotent social status. Finally, with regard to children, it explains what the term citizenship from below means, and how this can emerge from social movements of children, principally those from the Global South.
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Nathanson, Pamela G., Theodore E. Schall, and Chris Feudtner. "Ethical Challenges Related to Participation of Adolescents and Young Adults with Intellectual Disability in Research." In Ethics and Research with Children, 7–21. Oxford University Press, 2018. http://dx.doi.org/10.1093/med-psych/9780190647254.003.0002.
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This chapter lays out the ethical challenges and proactive strategies involved in balancing the rights of adolescents and young adults (AYAs) with intellectual disability (ID) to participate in clinical research with the obligation to protect a potentially vulnerable population from research harms. The chapter presents an illustrative case study involving a young adult research participant with Down syndrome whose capacity and legal authority to consent to participate in a study was questioned after an exchange with a staff member aroused suspicion about potential misconduct. Techniques to enhance participation, especially in the consent or assent processes, of AYAs with ID in research are outlined. Both individual-level and structural-level protections to ensure ongoing voluntary participation, relevant for both study teams and institutional review boards, are recommended.
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"Children's understanding of the law and legal processes." In Children's Understanding of Society, 117–46. Psychology Press, 2012. http://dx.doi.org/10.4324/9780203493601-8.
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Adonteng-Kissi, Obed. "Exploring the Tension between the Rights of the Child and Parental Rights: Voices from Ghana." In Human Rights Matters [Working Title]. IntechOpen, 2021. http://dx.doi.org/10.5772/intechopen.96736.
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The principle of “best interests of the child” is firmly established in legal jurisprudence and has taken a firm hold on several domestic and global instruments. Generally, the courts rely on this principle in many cases of child custody, child work, child labour, and compulsory education. The norm of best interests of the child seems to be placed at the core of international law in relation to children’s rights by Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC). Nevertheless, there is no one universal “best interests of the child” norm owing to cultural variations. In Ghana, this raises issues of conflicts between expectations in the rights and duties of the parent and the right of the child as expressed in the United Nations Convention on the Rights of the Child (UNCRC) and offers a genuine opportunity for reform. The United Nations Convention on the Rights of the Child (UNCRC) adopted the rights of the child that can be classified into three groups: protection rights, provision rights, and participation rights. It appears the best interests of the child is at the centre of international children’s rights law which is articulated through Article 3(1) of the UNCRC. Presently, the advocacy of a child’s right to welfare grounded on human dignity has generated the present discussion on the rights of the child. Article 18 of the UNCRC provides that parents have a shared and core responsibility for the nurturing of their children and that in undertaking their child upbringing responsibilities, appropriate support shall be offered to parents and legal guardians by State Parties. Usually, the variation between children’s rights and parental rights, nonetheless, is not acknowledged by the UNCRC. Furthermore, the UNCRC views children to be competent individuals who should be an essential component of decision-making on issues affecting them. The parent/child contrast demonstrates that there is the need for cooperation that protects the rights of the child, the parent and defines the role of the state. There is the need to explore the best legal and judicial processes for realising this cooperation.
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Kozibroda, Larysa, and Oksana Lypchanko-Kovachyk. "ORGANIZATION OF EDUCATION OF SCHOOLCHILDREN WITH SPECIAL NEEDS IN SECONDARY SCHOOLS OF GERMAN-SPEAKING COUNTRIES." In Integration of traditional and innovation processes of development of modern science. Publishing House “Baltija Publishing”, 2020. http://dx.doi.org/10.30525/978-9934-26-021-6-5.
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The article aims at investigating, analyzing and summarizing the peculiarities of organization of education of schoolchildren with special needs in secondary schools of Germany, Austria, Switzerland. The authors describe the experience of the countries mentioned above. In particular, the national policy of German-speaking countries concerning the integration of people with special educational needs into common socio-educational environment has been considered, the provisions of state and regional regulations governing this process have been highlighted, as well as the key approaches to its organization and practical implementation have been described by the authors of the article under consideration. The study reveals general ideas and principles of education of children with special needs in secondary schools of Austria, Switzerland, Germany and highlights the specificity of their practical implementation at the legal level of these countries in general and throughout specific regions of each one, in particular. In the process of the analysis the following methods have been applied: description, generalization, comparison and systematization of psycho-pedagogical, didactic and methodological researches. The authors reveal the specific features of the implementation of policies in the field of inclusive schooling, which had been implemented by the governments of developed countries: coverage of all children, despite individual differences or difficulties; adoption of the principle of inclusive education in the form of a law or a political declaration; development of demonstration projects and encouragement of exchange of experience with other countries; creation of decentralized and joint mechanisms for planning, monitoring and evaluation of educational services for children and adults with special educational needs; encouraging the participation of parents, communities and organizations of persons with disabilities in the planning and decision-making processes to meet special educational needs; efforts to develop strategies for early identification of such needs, as well as professional aspects of inclusive education; ensuring of the establishment and implementation of teacher training programs to provide education for people with special educational needs in public schools. It has been concluded that the integration of people with special educational needs into the academic environment of public school involves the recognition and consideration of different opportunities and needs of students, providing different types and rates of learning according to students’ abilities, implementing the appropriate organizational structure, teaching and educational strategies, providing necessary additional assistance and support.
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Križ, Katrin. "Non-participation triggers." In Protecting Children, Creating Citizens, 45–62. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781447355885.003.0003.
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This chapter examines child protection caseworkers' views of the factors that lead to children's non-participation. It analyses the interview responses of 67 child protection caseworkers who were asked whether they thought there were situations when it would not be appropriate to involve children in child protection-related processes. Workers in both Norway and the United States perceived several reasons why children can or should not participate. These reasons, which can be called 'non-participation triggers', included: children's young age; children's severe disability or mental illness, such as speech problems or a severe mental health issue that incapacitated children; and the possibility of negative emotional impact of the involvement on children. Study participants also mentioned the possibility of retraumatizing the child if they faced an abuser in a meeting and any imminent risk to children's safety. A few workers in both countries mentioned the occurrence of a crime as a non-involvement trigger, a case focus on providing parenting support services, or the child's wish not to be involved.
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Lester, Stuart. "Rethinking Children's Participation in Democratic Processes: A Right to Play." In Youth Engagement: The Civic-Political Lives of Children and Youth, 21–43. Emerald Group Publishing Limited, 2013. http://dx.doi.org/10.1108/s1537-4661(2013)0000016006.
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Palačković, Dušica. "The Child-friendly justice – the Application of the International Standards in the Civil Court Cases." In Law in the process of globalisation, 427–50. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/lawpg.427p.
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The paper analyses the international standards concerning the child`s process rights, the referent comparable legal solutions and the legal system of the Republic of Serbia, especially the possibility for children to take part in the court cases in different process roles. The problems have been recognized which in practice are conditioned by the circumstance that our Family Law does not allow, by its general norm, for the child to be a party in all the process which refer to his / her rights and interests. Although there is a number of situations in which children are explicitly acknowledged the process legitimation, and those where this right can be indirectly concluded, it does not mean that, starting from the international standards, the children`s process rights are accepted and recognized at the highest level. As especially serious, the problem of independent undertaking of process activities by children of certain age and equal understanding capability / capacity, which is particularly analyzed in this paper. In the context of so called evolving children`s capacity to recognize the participation rights as the prerequisite of participation in the case in any role. Thus the specificity of these rights and standards which are established for them on the international level (by obligating but also referring acts) are given the necessary attention. The analysis outcome of the abovementioned problems are the suggestions of changes or amendments to the Family Law by which the court procedures, especially civil ones, were to a great extent adapted for children, and the children`s rights protection has reached a higher level.
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Mampane, Sharon Thabo. "Youth Development Through Participation in Decision Making." In Participation of Young People in Governance Processes in Africa, 35–53. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-9388-1.ch003.
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The purpose of this chapter is to argue that there is a need for youth development for participation in decision makings of the country. Programs for youth development should be geared towards changing the behavior of the youth from undesirable to desirable conduct. This chapter follows a qualitative approach in understanding and explaining in detail what youth development and participation in decision making in the society, entails. Data were collected via literature reviews on youth development and participation and on factors contributing to the importance of how laws, most notably laws on youth participation in matters, concern them. These factors are important, but key to developing the youth for participative decision-making and for ensuring that children's right to participate is implemented. The aim of this paper is to ensure that the youth are involved as partners in communities because they are deemed to be assets in the decision-making process of the country.
Conference papers on the topic "Children's participation in legal processes"
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Salzer, Peter, and Eva Sencˇa´kova´. "EIA Processes in the Radioactive Waste Management in Slovakia: Eight Years of Experience." In ASME 2003 9th International Conference on Radioactive Waste Management and Environmental Remediation. ASMEDC, 2003. http://dx.doi.org/10.1115/icem2003-4565.
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Environmental Impact Assessment Act has been in force in the Slovak Republic since 1994. Evaluation of potential environmental impact of nuclear facilities/activities was enforced in the cases of newly sited constructions containing nuclear facilities much earlier: the civil construction legislation required the preparation of initial safety report with the same purposes. The cardinal change constituted by the EIA Act was the legal requirement of the public involvement in the assessment process, such as participation of municipalities, civil initiatives or public hearings. Another aspect was the most complex evaluation of impact, i.e. not only inside the nuclear safety framework but including, for instance, also non-nuclear, social, and economical aspects. All nuclear activities judged by the environmental impact assessment processes in the last eight years have been related to radioactive waste and spent fuel management facilities or activities and to the decommissioning of nuclear power plants. The particular cases are briefly described and the positive and negative implications from particular environmental impact assessment processes are discussed and generalized. Special attention is given to the use of EIA approaches in the strategy decision-making processes on various levels. There are the main difficulties and drawbacks in application of the EIA legal provisions in Slovakia at the present time.
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Vivanco, Lorena, Alfredo Ordoñez, Natalia Pacurucu, and Boris Orellana-Alvear. "Opportunities and challenges of citizen participation in the territorial planning system in Ecuador." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002348.
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Fragmented public action and the limitations to coordinate national and local public policies with the involvement of citizens need to generate spaces and mechanisms for citizen participation linked to the planning processes of the different levels of government. In Ecuador (2008), citizen participation is a constitutional right of mandatory compliance for the entities and instruments part of the National Decentralized System of Participatory Planning. This study aims to analyze the normative aspects of the citizen participation system for territorial planning at the national and subnational level its opportunities. It challenges to promote the involvement of citizens in the formulation and updating of territorial planning instruments. To this end, an in-depth reading of national legislation is carried out, contrasted with the methodological guidelines of the official planning guides and information obtained from interviews with those who participate in the planning process. The results show that the structure of the participation model established constitutionally after a decade of operation has been limited to a legal process of mandatory compliance by the different levels of government. Participation spaces have been developed only at consultative and information levels. Then, there are no legitimacy processes of territorial planning instruments, which are necessary to implement normative and methodological adjustments that contribute to a new culture of the public planning to build the future development of the territory and its ordering.
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Pinto, Fernando Antonio D. G., Sérgio Lifschitz, and Edward Hermann Haeusler. "A Graph Knowledge-base for Auditing Human Resources Public Management." In Workshop de Computação Aplicada em Governo Eletrônico. Sociedade Brasileira da Computação, 2022. http://dx.doi.org/10.5753/wcge.2022.223273.
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Given the growing volume of data that is generated in the public sector, new payroll audit models are created. Payroll is a sensitive area and requires assertive processes in its operations. The formal verification of public rules, in a knowledge base, aims to demonstrate the conformity of public acts in relation to the respective legal norms. In this paper we build a knowledge base of public acts from the extraction of information contained in a 9-year series of a official gazette. With this, we can audit the participation of public servers in technical committees through SPARQL queries in a knowledge base such as RDF graphs.
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Ferlicca, Francesca. "Participation in the decision making-making cities proces of regularization policies in Buenos Aires. The case of Villa 20 in Buenos Aires autonomous city." In Post-Oil City Planning for Urban Green Deals Virtual Congress. ISOCARP, 2020. http://dx.doi.org/10.47472/kphy9788.
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In Latin American cities informal settlements and insecure land tenure are the result of an exclusionary planning and urban management system which fails to provide legal and secure housing for lower-income groups. Against this backdrop, the State implemented land-title and urban regulatory policies, in order to improve the housing conditions of these neighbourhoods and integrate their residents into the legal regime. This paper proposes to address the conflicts implied in the processes of urbanization and regularization of the villas of the city of Buenos Aires during the first government of Rodríguez Larreta (2015-2019). In the official political discourse, the urbanization of informal settlements is considered one of the main axes of local management. Within this framework, institutional changes are being carried out, such as the creation of the Ministry of Social and Urban Integration. This report proposes to address the participation implied in the process of urbanization and regularization of Villa 20 in the Autonomous City of Buenos Aires. This process have raised many challenges in the interaction between government decision-making and the needs of inhabitants of informal settlement. These challenges are linked to a) the democratic participation of the inhabitants in the decision-making process at all stages, b) land management policies and domain regularization; c) the modalities and logic of relocation of inhabitants; d) the provision and access to infrastructure services and public spaces; e) the treatment of tenants and other more vulnerable groups. Based on the analysis of the case study, we propose to account for the limits and scope of the implemented urbanization policy as well as for the opportunities to expand the horizon of tools and intervention modalities promote the right to the city and reduce territorial inequalities
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Kangilaski, Taivo, Ingrid Pappel, Markus Sihvonen, and Marina Weck. "Cross-Border Communication and Service Provision within Silver Economy Domain: How to Sustain a Collaborative Platform for Seniors Services." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002275.
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The paper examines technological and organizational complexity related to cross-border data exchange and communication among public entities, private sector and seniors on the platform called Silver Hub. We need to look at challenges raised while designing architecture and business cases supporting service provision within the silver economy domain. In this project we have identified the main obstacles related to creation of the sustainable business strategy for the collaborative platform during its development. It is relatively easy to create a sustainable software architecture for the platform. However, creating a sustainable business model is much more complex. In addition to the business plan, it also requires a well-thought-out architectural vision which responds to stakeholders’ requirements. In order to be competitive, transparent and compliant, it makes sense to pursue ISO 9001, which in turn leads to the need for risk-based process management and continuous improvement. To make the platform sustainable, the external context must be analyzed to identify risks and opportunities. Based on the business plan, the organizational objectives and KPIs must be developed. Taking into consideration the business objectives, the strategic action plan will be created. Additionally, the business processes must be analyzed to determine the bottlenecks and main obstacles to achieve determined KPIs and objectives. Identified risks should be evaluated and mitigation action ought to be planned, as well as processes must be changed accordingly. As process-based risks are related to people, partners, customers, assets, IT, documents, resources, legislation, etc., the risk management approach must be determined via an internal control system, which monitors business functions. Thus, the organization and processes supporting the developed platform are much more complicated and quite often such complicity is underestimated.Moreover, in Enterprise Architecture management we need to focus on topics like sustainable process management and continuous improvement, organization and competence management, documented knowledge management, IT and risk management.In addition, there is a clear need to understand the problems a service user or a service provider could encounter. Developed Silver Hub platform helps to distribute innovative solutions to the problems faced by the aging population helping seniors live more independent and comfortable life with the use of digital means. However, we see the platform is tackling the challenges to meet the seniors needs that the governments are currently facing. Involvement of the seniors and their representatives more in their co-creative activities and wider participation during the implementation stages of service innovation helps overcome the gap.Thus, this experience research paper presents main findings that occurred during different project phases, based on what we derived recommendations with a relevant business plan, which contributes to the enterprise architecture designing cycle. That also includes the understanding of the country-based specifics with respect to cultural, political and legal context. Additionally, we have designed a framework as a structure for building collaboration and cross-border data exchange between innovation actors within the silver economy domain in the Baltic Sea Regions.
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Broughton, David. "UKAEA, Dounreay: LLW Long Term Strategy — Developing the Options." In ASME 2003 9th International Conference on Radioactive Waste Management and Environmental Remediation. ASMEDC, 2003. http://dx.doi.org/10.1115/icem2003-4514.
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UKAEA’s mission at its Dounreay establishment in the north of Scotland is to restore the site so that it can be used for other purposes, with a minimal effect on the environment and requiring minimal attention by future generations. A Dounreay Site Restoration Plan (DSRP) has been produced. It sets out the decommissioning and radioactive waste management activities to restore the site within the next 60 years. Management of solid low level radioactive waste (LLW) that already exists, and that which will be produced as the DSRP progresses is an essential site restoration activity. Altogether around 150,000m3 (5.3Mft3) of untreated LLW could arise. This will then need to be treated, packaged and managed, the resulting volume being around 200,000m3 (7Mft3). A project to develop a long term strategy for managing all Dounreay’s existing and future LLW was initiated in 1999. The identification of complete solutions for management of LLW arising from the site restoration of Dounreay, an integrated reactor and reprocessing site, is novel in the UK. The full range of LLW will be encountered. UKAEA is progressing this specific project during a period when both responsibility and policy for UK decommissioning and radioactive waste management are evolving in the UK. At present, for most UK nuclear operators, there are no recognised routes for disposing of significant volumes of decommissioning LLW that has either lower or higher radioactivity than the levels set by BNFL for disposal at the UK national LLW disposal site at Drigg. A large project such as this has the potential to affect the environmental and social conditions that prevail in the area where it is implemented. Local society therefore has an interest in a project of this scale and scope, particularly as there could be a number of feasible solutions. UKAEA is progressing the project by following UK established practice of undertaking a Best Practicable Environmental Option (BPEO) study. UKAEA has no preconceptions of the outcome and is diligently not prejudging issues prematurely. The BPEO process draws experts and non-experts alike into the discussions and facilitates a structured analysis of the options. However to permit meaningful debate those options have to be at first generated, and secondly investigated. This has taken UKAEA two and a half years in technical assessment of options at a cost of around £23/4M. The options and issues have been investigated to the depth necessary for comparisons and valid judgements to be made within the context of the BPEO study. Further technical evaluation will be required on those options that eventually emerge as the BPEO. UKAEA corporate strategy for stakeholder participation in BPEO studies is laid out in “Restoring our Environment”, published in October 2002. This was developed by a joint approach between project managers, Corporate Communications, and discussion with the regulators, government departments and Scottish Executive. An Internal Stakeholder Panel was held in March 2003. The Panel was independently facilitated and recorded. Eight Panel members attended who provided a representative cross-section of people working on site. Two External Stakeholder Panels were held in Thurso at the end of May 2003. A Youth Stakeholder Panel was held at which three sixth form students from local High Schools gave their views on the options for managing Dounreay’s LLW. The agenda was arranged to maximise interactive discussion on those options and issues that the young people themselves considered important. The second External Stakeholder Panel was based on the Dounreay Local Liaison Committee. Additional participants were invited in acknowledgement of the wider issues involved. As the use of Drigg is an option two representatives from the Cumbrian local district committee attended. From all the knowledge and information acquired from both the technical and stakeholder programmes UKAEA will build up the objective line of argument that leads to the BPEO emerging. This will be the completion of this first stage of the project and is planned for achievement in March 2004. Once the BPEO has been identified the next stage will be to work up the applications for the authorisations that will be necessary to allow implementation of the BPEO. Any facilities needed will require planning permission from the appropriate planning authority. The planning application could be called in by a Minister of State or a planning inquiry convened. During this next stage attention will be paid to ensure all reports and submissions are consistent and compliant with regulations and possible future legal processes. Stakeholder dialogue will continue throughout this next stage moving on from disussion of options to the actual developments. The objective will be to resolve as many issues stakeholders might raise prior to the submissions of applications and prior to the regulators’ formal consultation procedures. This will allow early attention to those areas of concern. Beyond the submission of applications for authorisations it is unwise to speculate as nuclear decommissioning will be then organised in the UK in a different way. The Nuclear Decommissioning Authority will most probably be in overall control and, particularly for Dounreay, the Scottish Executive may have developed its policy for radioactive waste management in Scotland.
Reports on the topic "Children's participation in legal processes"
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Dopfer, Jaqui. Öffentlichkeitsbeteiligung bei diskursiven Konfliktlösungsverfahren auf regionaler Ebene. Potentielle Ansätze zur Nutzung von Risikokommunikation im Rahmen von e-Government. Sonderforschungsgruppe Institutionenanalyse, 2003. http://dx.doi.org/10.46850/sofia.3933795605.
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Whereas at the end of the 20th century there were still high expectations associated with the use of new media in terms of a democratisation of social discourse and new potential for citizens to participate in political decision-making, disillusionment is now spreading. Even today, the internet is often seen only as a technical tool for the transmission of information and communication, which serves as a structural supplement to "real" discourse and decision-making processes. In fact, however, the use of new media can open up additional, previously non-existent possibilities for well-founded and substantial citizen participation, especially at regional and supra-regional level. According to the results of this study, the informal, mediative procedures for conflict resolution in the context of high-risk planning decisions, which are now also increasingly used at the regional level, have two main problem areas. Firstly, in the conception and design chosen so far, they do not offer citizens direct access to the procedure. Citizens are given almost no opportunities to exert substantial influence on the content and procedure of the process, or on the solutions found in the process. So far, this has not been remedied by the use of new media. On the other hand, it is becoming apparent that the results negotiated in the procedure are not, or only inadequately, reflected in the subsequent sovereign decision. This means that not only valuable resources for identifying the problem situation and for integrative problem-solving remain unused, but it is also not possible to realise the effects anticipated with the participation procedures within the framework of context or reflexive self-management. With the aim of advancing the development of institutionally oriented approaches at the practice level, this study discusses potential solutions at the procedural level. This takes into account legal implications as well as the action logics, motives and intentions of the actors involved and aims to improve e-government structures. It becomes evident that opening up informal participation procedures for citizen participation at the regional level can only be realised through the (targeted) use of new media. However, this requires a fundamentally new approach not only in the participation procedures carried out but also, for example, in the conception of information or communication offerings. Opportunities for improving the use of the results obtained from the informal procedures in the (sovereign) decision-making process as well as the development of potentials in the sense of stronger self-control of social subsystems are identified in a stronger interlinking of informal and sovereign procedures. The prerequisite for this is not only the establishment of suitable structures, but above all the willingness of decision-makers to allow citizens to participate in decision-making, as well as the granting of participation opportunities and rights that go beyond those previously granted in sovereign procedures.
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Ossoff, Will, Naz Modirzadeh, and Dustin Lewis. Preparing for a Twenty-Four-Month Sprint: A Primer for Prospective and New Elected Members of the United Nations Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2020. http://dx.doi.org/10.54813/tzle1195.
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Under the United Nations Charter, the U.N. Security Council has several important functions and powers, not least with regard to taking binding actions to maintain international peace and security. The ten elected members have the opportunity to influence this area and others during their two-year terms on the Council. In this paper, we aim to illustrate some of these opportunities, identify potential guidance from prior elected members’ experiences, and outline the key procedures that incoming elected members should be aware of as they prepare to join the Council. In doing so, we seek in part to summarize the current state of scholarship and policy analysis in an effort to make this material more accessible to States and, particularly, to States’ legal advisers. We drafted this paper with a view towards States that have been elected and are preparing to join the Council, as well as for those States that are considering bidding for a seat on the Council. As a starting point, it may be warranted to dedicate resources for personnel at home in the capital and at the Mission in New York to become deeply familiar with the language, structure, and content of the relevant provisions of the U.N. Charter. That is because it is through those provisions that Council members engage in the diverse forms of political contestation and cooperation at the center of the Council’s work. In both the Charter itself and the Council’s practices and procedures, there are structural impediments that may hinder the influence of elected members on the Security Council. These include the permanent members’ veto power over decisions on matters not characterized as procedural and the short preparation time for newly elected members. Nevertheless, elected members have found creative ways to have an impact. Many of the Council’s “procedures” — such as the “penholder” system for drafting resolutions — are informal practices that can be navigated by resourceful and well-prepared elected members. Mechanisms through which elected members can exert influence include the following: Drafting resolutions; Drafting Presidential Statements, which might serve as a prelude to future resolutions; Drafting Notes by the President, which can be used, among other things, to change Council working methods; Chairing subsidiary bodies, such as sanctions committees; Chairing the Presidency; Introducing new substantive topics onto the Council’s agenda; and Undertaking “Arria-formula” meetings, which allow for broader participation from outside the Council. Case studies help illustrate the types and degrees of impact that elected members can have through their own initiative. Examples include the following undertakings: Canada’s emphasis in 1999–2000 on civilian protection, which led to numerous resolutions and the establishment of civilian protection as a topic on which the Council remains “seized” and continues to have regular debates; Belgium’s effort in 2007 to clarify the Council’s strategy around addressing natural resources and armed conflict, which resulted in a Presidential Statement; Australia’s efforts in 2014 resulting in the placing of the North Korean human rights situation on the Council’s agenda for the first time; and Brazil’s “Responsibility while Protecting” 2011 concept note, which helped shape debate around the Responsibility to Protect concept. Elected members have also influenced Council processes by working together in diverse coalitions. Examples include the following instances: Egypt, Japan, New Zealand, Spain, and Uruguay drafted a resolution that was adopted in 2016 on the protection of health-care workers in armed conflict; Cote d’Ivoire, Kuwait, the Netherlands, and Sweden drafted a resolution that was adopted in 2018 condemning the use of famine as an instrument of warfare; Malaysia, New Zealand, Senegal, and Venezuela tabled a 2016 resolution, which was ultimately adopted, condemning Israeli settlements in Palestinian territory; and A group of successive elected members helped reform the process around the imposition of sanctions against al-Qaeda and associated entities (later including the Islamic State of Iraq and the Levant), including by establishing an Ombudsperson. Past elected members’ experiences may offer some specific pieces of guidance for new members preparing to take their seats on the Council. For example, prospective, new, and current members might seek to take the following measures: Increase the size of and support for the staff of the Mission to the U.N., both in New York and in home capitals; Deploy high-level officials to help gain support for initiatives; Partner with members of the P5 who are the informal “penholder” on certain topics, as this may offer more opportunities to draft resolutions; Build support for initiatives from U.N. Member States that do not currently sit on the Council; and Leave enough time to see initiatives through to completion and continue to follow up after leaving the Council.