Dissertations / Theses on the topic 'Children's rights'
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1
Dan, Jau-Wei. "Rights, children's rights and compulsory education." Thesis, University of Glasgow, 1991. http://theses.gla.ac.uk/3862/.
Abstract:
The ideas of children's rights, children's right to education and compulsory education are widely accepted nowadays, if only in general terms. This thesis is concerned to explore and offer possible reasons for the acceptance of these ideas, and, particularly, to clarify the relation between the ideas of `lq children's right to education and `lq compulsory education. First, however, it is necessary to consider the general features of rights-talk, on the grounds that the denotations and connotations of rights-talk have some significant bearings on the central issues of the thesis. Thereafter, the emphasis is shifted to the question of children's rights. Certain writers' theories - namely, Hobbes', Mill's and Hart's - were once assumed to be contradictory to the idea of children's rights, but it is argued that these writers' theories have been misunderstood. Apart from clarifying these writers' theories in relation to children's rights, the thrust of this thesis is to offer a convincing justification for the idea of children's rights in general, and children's rights is rationally acceptable and practically necessary in maintaining satisfactory relationships between children and other parties for people who are rational, self-interested, just and benevolent. It is also argued that children's right to education is justifiable on the grounds that it is an essential good for both children and society as a whole. The issue of children's right to education is tackled within the framework of liberal democracy; hence the form of education proposed is also geared to the cultivation of persons who can play a part in a liberal democracy. The issue of compulsory education is discussed. It is argued that compulsory education can be justified and that its justification is mainly based on paternalism and children's obligation to undertake education. In the concluding chapter, it is argued that children's right to education can indeed be used to justify compulsory education, but this line of reasoning should be based on paternalism, which in turn should be rights-based. The thesis finally reaches the conclusion that the option-rights tradition and the claim that rights-talk is not self-referring should be rejected.
2
Tolley, Tamara Rose. "Understanding children's rights." Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365523.
3
Poh, Boon-nee. "Children's rights and child abuse /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B19470812.
4
Viera-Crespo, Sharon Ellysse. "Children's rights and empowerment." Thesis, University of Colorado at Denver, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1571300.
Abstract:
My objective in the proceeding paper is to qualitatively analyze the conditions of children since the child population faces severe discrimination with few laws created and enforced to protect it, especially when most societal systems are predicated on ageism (a form of discrimination based on age). The most comprehensive child policy present on an international level is the Convention of the Rights of the Child (CRC). This also includes the CRC's three Optional Protocols (OPs), which countries can also ratify for further protections or address emerging issues; these are OP number one: the safeguarding of children from armed conflict, OP number two: the sale of children, child prostitution, and child pornography, and OP number three: the opening of communications procedures for children with complaints of violations. Because of the progressiveness of the Convention and its Protocols, if ratified and adhered to by a country's government or if at least followed by those that have not ratified it, children's conditions would progressively improve. My primary case studies include El Salvador, Costa Rica, the United States; and I also touch upon Kenya, the Philippines, Sweden, Norway, and Canada. The conditions of children in neighboring Central American countries, El Salvador and Costa Rica, are compared with those in the U.S. By measuring the level of each country's fulfillment of key provisions and concepts within the CRC and the Protocols, despite the U.S not ratifying the core body of the CRC, I qualify the conditions of these country's children. The first Optional Protocol is especially pertinent to El Salvador, Costa Rica, and the Philippines since there are extremely high rates of child sexual exploitation in these countries. This is especially the case for the Philippines, since UNICEF estimates that one million children per year are trafficked out of Southeast Asia alone. The second Optional Protocol is especially pertinent to El Salvador since the Salvadorian community and its government are still recovering from the country's civil war and the participation of children in this conflict. Out of all of my case studies, Costa Rica is the only state that has adopted the third Optional Protocol (Melton), again demonstrating the country's progressiveness not only in valuing the child's voice, but more generally in human rights.
The analysis showed that the cultural and social backgrounds of each country are leading variables (other variables including standing law and economic systems in each country and inertia that follows after major policies are ratified) that drive the country's views and subsequent treatment of children; and the ratifying countries, Kenya, the Philippines, Sweden, and Norway also confirm this conclusion. Thus mere ratification of the CRC by a country is insufficient in ensuring children's rights under its provisions. In my concluding chapter, I look to leading international examples of child welfare promoters, Nordic countries such as Sweden and Norway, to offer suggestions on how local and national governments can better actualize and support positive conditions for children.
5
Poh, Boon-nee, and 傅文毅. "Children's rights and child abuse." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31250269.
6
Shier, Harry McCall. "Children's rights in school : the perception of children in Nicaragua." Thesis, Queen's University Belfast, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709819.
Abstract:
For the many thousands of children in poor countries who drop out of school and so lose out on the life-chances that education might offer them, the notion of a ‘right to education’ has little meaning. Poverty and child labour are contributing factors, but for many children lack of respect for their rights in education is also a major problem. While current ‘whole-school approaches’ to children’s rights seem promising, failure to address underlying problems reduces their effectiveness. This thesis explores how children and adolescents in Nicaragua’s coffee sector perceive their human rights in school, providing insights that can contribute to the development of effective human-rights- based approaches to schooling, particularly in poor countries where the right to go to school must itself be claimed and defended. To understand how children themselves perceive their rights in school and the issues that concern them, the adult researcher worked in partnership with a team of child researchers in Nicaragua. The use of a distinctive methodology known as ‘Transformative Research by Children and Adolescents’ generated additional knowledge regarding the development of productive and ethical partnerships between child and adult researchers. The child researchers were facilitated in developing and carrying out a research project using qualitative interviews to address the above issues, including producing and publishing their own report; while the adult researcher gathered background information from parents, teachers and other adult informants. With the young researchers’ approval, their original data was subjected to a more thorough thematic analysis, which was compared with their own analysis. Four main themes emerged: (1) Developing positive human relations is fundamental for a rights-respecting school; (2) Students see some forms of behaviour management as rights violations, for example depriving them of playtime as punishment; (3) Lack of attention to the complex relationship(s) between rights and responsibilities has led to confusion and misunderstandings; (4) The child’s right to be heard was not an important issue for the children in this research, which raises questions for adult researchers interested in this topic. The main implications of the study are: highlighting the need for a rights-based approach to human relations in schools, particularly for dealing with behaviour issues; identifying the need for a more coherent and consensual pedagogy around children’s rights and responsibilities; and helping adult and child researchers develop more effective and productive partnerships.
7
Boushel, Margaret. "Making sense of children's rights : how professionals providing integrated child welfare services understand and interpret children's rights." Thesis, University of Sussex, 2014. http://sro.sussex.ac.uk/id/eprint/48898/.
Abstract:
The purpose of this study is to contribute to the development of integrated child welfare services through an exploration of how professionals providing such services make sense of children's rights and interpret their understandings in their approach to practice. The study focuses on professionals providing services for children between 5 and 13 years old within the Every Child Matters initiative, designed to support the assessment and provision of integrated child and family preventive services in England. The aims were to explore professional understandings of, and engagement with children's rights, provide a description and analysis of the empirical data, and develop a theorised understanding of the factors influencing sense-making and their implications for professionals' interpretations of their role. Areas of interest included similarities and differences in professionals' understandings and how these matched the understandings of service users and those evident in legal and policy texts. It was anticipated that professionals' understandings and engagement would draw on a complex mix of variable knowledge and embedded assumptions and practices, contested and negotiated in relation to welfare structures, texts and professional identities. The study was designed to explore whether this was borne out. A post-modernist theoretical approach was used, drawing on Bourdieu's theories of structured inequalities and influenced by Actor Network Theory's perspectives on networks. Using qualitative methodologies a case study was undertaken within one local area, linking a range of elements in an iterative process, with data from one phase interwoven in the next. Thirty-nine semi-structured interviews with professionals from social work, education and health settings drew on material developed from focus group discussions with child and parent service users and were supplemented by analysis of legal and policy texts and of 30 case records and site-based observations. Initial findings were discussed in parent and professional focus groups. In a second stage analysis of a subset of the data, these findings were explored further and situated within research and academic debate on professional practices and theories of childhood and of rights. Three broad configurations emerged from the data, reflecting differing professionals' constructions and practice interpretations of children's rights. Some participants interpreted children's rights as an essential ‘golden thread' underpinning their practice; others took a more selective ‘pick and mix' approach; and in a third perspective, children's rights were positioned as ‘uncomfortable accommodations' in relation to interpretations of professional role and of family life. These varying dispositions and related interpretations of professionals' regulated liberties were associated with perspectives on childhood, rights knowledge, professional setting, personal dispositions and relational practices. The findings are necessarily tentative and a causal relationship cannot be inferred. Three overarching themes emerged across these configurations. These related to: a common rights language and framework; children's longer-term welfare rights; and conceptualisations of the role of rights within relationships. The absence of a common rights framework to support professional and interprofessional discussions of children's rights was evident across all settings, as was a professional focus on the immediate and lack of attention to children's longer-term welfare, civil and social rights. Participants indicated that providing information about children's rights and exploring rights-based relationships in work with parents and carers was very rare and often avoided. The study proposes that in order to address children's rights in a more consistent and holistic way professionals need opportunities to explore theories of human and children's rights using a broad common framework such as the UNCRC. In integrating children's rights within professional practice increased attention is needed to children's longer-term welfare and development rights and to providing children and adults with information about, positive modelling of and opportunities to explore the place of rights in children's key relationships.
8
Murray, Ellen Jane Anne. "Exploring children's emerging conceptions of their participation rights and responsibilities." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape7/PQDD_0002/NQ41361.pdf.
9
Kihara, Ivy Evonne Wanjiku. "The Impact of Terrorism and Counter-Terrorism on the Right to Education." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1099_1318496212.
Abstract:
After the 9/11 terrorist attacks in the United States of America, there has been a shift in the policies of many countries to combat terrorism. Terrorism has had a devastating effect on many citizens of the world. These include âthe enjoyment of the right to life, liberty and physical integrity of victims. In addition to these individual costs, terrorism can destabilise Governments, undermine civil society, jeopardise peace and security, and threaten social and economic development.â1 All of these also had a real impact on the enjoyment of human rights. Therefore the fight to curb further terrorist attacks is paramount. States are charged with the responsibility of curbing terrorism by their citizens. But with responsibility comes obligations to the citizenry.2 States should therefore not engage in policies or actions that further deprive others of their enjoyment of human rights. This is well put by Hoffman when he says âhistory shows that when societies trade human rights for security, most often they get neither.
10
Mahery, Prinslean Sandra. "Children's health service rights and the issue of consent." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1858_1223452795.
Abstract:
Although the concept of human rights is very much accepted as part of human existence throughout the world today, there is still much controversy surrounding the idea of rights for children. The Constitution, however, not only recognises the fact that like all other members of society, children are capable of being bearers of human rights but emphasises also the special position of children in society by granting them specific rights in the Constitution. Health rights are particularly important for children as the entitlements and obligations created by such rights are necessary for children to realise their full potential. In this thesis the entitlements and obligations attached to children'shealth service rights in the COnstitution are explored.
11
Susantijo, Susi. "The impact of the rule of law on the implementation of the convention on the rights of the child in Indonesia and Australia." Thesis, Susantijo, Susi (2009) The impact of the rule of law on the implementation of the convention on the rights of the child in Indonesia and Australia. Masters by Research thesis, Murdoch University, 2009. https://researchrepository.murdoch.edu.au/id/eprint/1655/.
Abstract:
This thesis concerns the implementation of the Convention on the Rights of the Child (‘the CRC’) in Indonesia: The chasm between theory and practice. Despite the enactment of several laws and regulations aimed at protecting the rights of the child, Indonesia’s implementation of children’s rights remains very limited. The theme of this thesis is that, despite the existence of adequate written laws, a state can fail to achieve an effective implementation of human rights, as exemplified by Indonesia. This thesis will focus on the impact of the rule of law on the holistic well-being of children, a group that Indonesia has acknowledged plays ‘a strategic role’ and is in a ‘unique position [to ensure] the continued existence of the nation’.
The development of the rule of law and its impact on the implementation of the CRC in Indonesia will be compared to Australia, a state where the CRC has been much better implemented. There is an inextricable link between the rule of law and human rights. The prevailing view is that the rule of law does not depend on written laws; the rule of law is more about the extra-legal aspects of a society, such as culture, socio-economic factors and political factors. In the absence of the rule of law, human rights can only be selectively implemented and enforced.
The rights of the child are a global human rights issue, which is particularly pertinent to Indonesia, a nation with a poor record for implementing children’s rights. Children’s rights are well established in international law, largely due to the adoption of the CRC. The CRC has provided the greatest contribution to the field of children’s rights and will serve as the focus of this thesis. Apart from being the most universally ratified human rights convention in history, the CRC expressly recognises a range of children’s rights including civil, political, socio-economic and cultural rights. More importantly, the CRC shifted the responsibility for implementing children’s rights from parents and local communities to State Parties. The CRC is thus an advanced tool for assessing the standard of children’s rights internationally and for implementing change, and will be used to compare the current status of children’s rights in Indonesia and Australia.
Arguably, the issue of children’s rights is complex and the implementation of children’s rights requires a multifaceted approach. This thesis will conclude with recommendations on how Indonesia can move forward to achieve a better implementation of children’s rights.
12
Susantijo, Susi. "The impact of the rule of law on the implementation of the Convention on the Rights of the Child in Indonesia and Australia /." Susantijo, Susi (2009) The impact of the rule of law on the implementation of the convention on the rights of the child in Indonesia and Australia. Masters by Research thesis, Murdoch University, 2009. http://researchrepository.murdoch.edu.au/1655/.
Abstract:
This thesis concerns the implementation of the Convention on the Rights of the Child (‘the CRC’) in Indonesia: The chasm between theory and practice. Despite the enactment of several laws and regulations aimed at protecting the rights of the child, Indonesia’s implementation of children’s rights remains very limited. The theme of this thesis is that, despite the existence of adequate written laws, a state can fail to achieve an effective implementation of human rights, as exemplified by Indonesia. This thesis will focus on the impact of the rule of law on the holistic well-being of children, a group that Indonesia has acknowledged plays ‘a strategic role’ and is in a ‘unique position [to ensure] the continued existence of the nation’.
The development of the rule of law and its impact on the implementation of the CRC in Indonesia will be compared to Australia, a state where the CRC has been much better implemented. There is an inextricable link between the rule of law and human rights. The prevailing view is that the rule of law does not depend on written laws; the rule of law is more about the extra-legal aspects of a society, such as culture, socio-economic factors and political factors. In the absence of the rule of law, human rights can only be selectively implemented and enforced.
The rights of the child are a global human rights issue, which is particularly pertinent to Indonesia, a nation with a poor record for implementing children’s rights. Children’s rights are well established in international law, largely due to the adoption of the CRC. The CRC has provided the greatest contribution to the field of children’s rights and will serve as the focus of this thesis. Apart from being the most universally ratified human rights convention in history, the CRC expressly recognises a range of children’s rights including civil, political, socio-economic and cultural rights. More importantly, the CRC shifted the responsibility for implementing children’s rights from parents and local communities to State Parties. The CRC is thus an advanced tool for assessing the standard of children’s rights internationally and for implementing change, and will be used to compare the current status of children’s rights in Indonesia and Australia.
Arguably, the issue of children’s rights is complex and the implementation of children’s rights requires a multifaceted approach. This thesis will conclude with recommendations on how Indonesia can move forward to achieve a better implementation of children’s rights.
13
Morine, Stephany L. "Children's and parents' attitudes towards children's rights and perceptions of family relationships." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ53473.pdf.
14
Chetty, Kasturi. "The interaction of children's rights, education rights and freedom of religion in South African schools." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020864.
Abstract:
This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.
15
Svensson, Jennie. "The implementation of children's rights - working with working children in Somoto Nicaragua." Thesis, Malmö högskola, Fakulteten för hälsa och samhälle (HS), 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-27071.
Abstract:
The United Nations' Convention on the rights of the child presents a legislative framework that nations worldwide through their ratification have promised to aim for. Going from theory to practice this field study intends to investigate how the work to implement the children’s rights is carried out in reality by social institutions in Somoto Nicaragua. This essay specifically looks at how a children’s rights approach is performed in the work with working children and will therefore focus on two rights that protrude as relevant to the target group; the right to education and the right to be protected from hazardous work and economic exploitation. Furthermore, this paper considers existent criticism towards the human rights conventions for being Eurocentric in its visions and not always applicable to local conditions. Therefore the perception of working children locally in Nicaragua is examined to see how well this is in accordance with the legislation on children’s rights or if the social institutions have met difficulties in the implementation. Fundamental in the work carried out by the social institutions has been to raise awareness in the society on the children’s rights. The conclusion is that attitudes to working children have gone through a change since the introduction of a children’s rights approach in Somoto, but what remains the major obstacle to implementation is the restricted access to economic resources.
16
Tang, I.-Chen. "Children's rights and childhood discipline in contemporary Taiwan." Thesis, University of Essex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.398870.
17
Fenton-Glynn, Claire Ellen. "Children's rights in intercountry adoption : a European perspective." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648315.
18
Chiu, Wan-Yu. "Children's rights in residential care homes in Taiwan." Thesis, Durham University, 2014. http://etheses.dur.ac.uk/10682/.
Abstract:
There are approximately 2000 children living in residential care homes in Taiwan, the result of child abuse, neglect and youth offending. Available literature on residential care in Taiwan focuses on the role of professional workers, and little is known about the experiences of Taiwanese children in residential care. Despite falling outside the family of the United Nations, the notion of children’s rights is articulated in Taiwanese legislation and public policy on child welfare. This offers a strong rationale to explore experiences of children’s rights in Taiwanese children’s homes. An ethnographic approach involving i) participant observation, ii) participatory group activities and iii) semi structured interviews with 50 children was adopted in one public and one private children’s home. Drawing on theoretical and conceptual frameworks of children’s rights, happiness and resilience, the use of mixed methods facilitated a rich understanding of children’s experiences of life in residential care and their understandings and experiences of children’s rights. The findings reveal that while children’s basic survival rights are met, a reality of strict routine and punitive discipline led the children to express their need for supportive companionship (expressed by some children as ‘love’), privacy and freedom to pursue individual interests. The tension between children’s expressed needs and the institutional regimes within which they experienced daily life reflected the cultural values of Confucian familism with expectations of unquestioning obedience to adults. The research also revealed that the children were not only capable of, but also showed enthusiasm for articulating their understanding and experiences of children’s rights and in doing so demonstrated their potential to contribute to the development of social policy and social work practice in Taiwan. This research contributes to the field of social work relating to the nature and development of resilience in children living in residential care homes, and to ongoing debates on the value and reality of children’s rights to be heard and participate in all matters that affect their lives.
19
Redford, Sofia. "Framing the issues of orphans and vulnerable children /." Connect to online version, 2008. http://ada.mtholyoke.edu/setr/websrc/pdfs/www/2008/255.pdf.
20
Maboe, Tshose Phillip 1965. "A model to assist teachers in implementing children's rights in schools / Tshose Phillip Maboe." Thesis, North-West University, 2013. http://hdl.handle.net/10394/8765.
Abstract:
The global approach that pleads for the equality of all human beings and respect for human rights reaches children as well. Universal human rights should be awarded to all people and for all institutions, and, therefore, schools and children are no exception. Children's rights form an integral part of human rights.
This study sets out to explore a management model to assist teachers in implementing children's rights. The study argues that schools are expected to be places of support and respect for children's rights. Instead, extreme violations take place in some schools. This occurs in spite of the children's rights laws that are in place. Most of the human rights transgressions are committed by teachers. The study offers a new approach for teachers to respect and promote children's rights in schools. The new approach is in the form of a model.
A literature study and empirical research were undertaken, including national and international factors influencing children's rights. A number of serious gross violations were also explored. Qualitative focus groups and in-depth interviews formed the basis of the empirical research. Finally, a content analysis was conducted to categorise and evaluate data.
The findings revealed that teachers still use corporal punishment, even if it is totally outlawed. Other violations discovered included the following: verbal abuse, sexual relationships with girl learners, failure by teachers to attend classes and failure to treat all learners equally.
Recommendations in this study emphasise the need to train student teachers regarding human rights education. An induction programme for newly appointed teachers is viewed as ideal. Workshops are also recommended for both the teachers and Teacher Liaison Officers (TLO’s). The study finally identified areas in which further research should be done.Thesis (PhD (Education Management))--North-West University, Potchefstroom Campus, 2013
21
September, Jerome. "Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9175.
Abstract:
Includes bibliographical references.This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and India (IBSA), outline the progress made to reduce and eradicate the exploitation of children, through the elimination of child labour. These three countries are chosen because of the particular challenges they face, but also because as part of the IBSA group, they have committed themselves to working together in the advancement of key international matters, including issues of human rights and social justice. The India, Brazil and South Africa (IBSA) group has further recently been held up as a global example for the efforts made by nations in the elimination of the worst forms child labour. The ultimate goal is the total elimination of child labour. This dissertation will draw attention to the complexities and contradictions in policy and practice, with particular reference to concepts such as ‘Child Labour’ and the ‘Worst Forms of Child Labour’. This dissertation will compare [the experience of] childhood in these countries, and explore the risk factors that place particular children, and families, at risk of utilising child labour as a source of income.
22
Ntebe, Ntombenani Primrose. "Children's experiences and views on domestic violence." University of the Western Cape, 2012. http://hdl.handle.net/11394/5157.
Abstract:
Magister Legum - LLMIn a country in which human rights feature prominently in our discourse about who we are, as well as in the South African constitutional and legal framework, so many wrongs continue to be perpetrated on women and children. However, children seem to be particularly affected by domestic violence, either physically, emotionally or socially. In order to adequately address these diverse experiences and understand what children say, an in-depth investigation into how children experience domestic violence, and what their views are, is required. The study will focus on those children who had been affected emotionally and socially in their homes. This study will make an attempt to expand on how children experience domestic violence, what the general reaction of a selected group of children, who have observed domestic violence, is and what their views of domestic violence are. Attention was given to the relevant literature as well to legislative and policy frameworks. The study employed a qualitative research method in order to obtain in-depth data from the children. Children were selected from three schools in a small Northern Cape town, which participated in the study and the schools were grouped as follows: one school from each area, which are Nonzwakazi, Sunrise and De Aar (town). Each high school had five participants. The participants‟ ages were between 12 and 17. All the participants reside at De Aar which is situated in Prixley kaSeme District about 300 kilometres from Kimberley, Northern Cape Province. Data was coded according to the themes that emerged from the study and were analysed. The results indicated that children are able to share their experiences when given the opportunity. It is further shown in the results that children view domestic violence as a wrong and that men are the sole abusers. It further indicated that children do not have confidence in the courts; they are of the view that the courts are being too lenient on the abusers and they further said that more protection orders should be issued in order to prevent domestic violence. They blame this on non-responsiveness of the police when they are called and the kind of punishments the courts impose when the abuser is brought before court.The majority of children expressed their wish to see justice being done. The study found that children are of the view that there is little support from the police and the courts. The study concluded that children, acting voluntarily and with appropriate ethical safeguards, can make a significant contribution to both describing their experiences of domestic violence, and to indicating the standard of services and other interventions that they can trust and use.
23
Wolfe, Jodi B. "The relation between mothers' and children's understanding of rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ34007.pdf.
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Shelley, Catherine Jean. "Constructing normative ethics for child protection and children's rights in a multicultural but largely secular society : a defence of children's graced autonomy." Thesis, University of Manchester, 2011. https://www.research.manchester.ac.uk/portal/en/theses/constructing-normative-ethics-for-child-protection-and-childrens-rights-in-a-multicultural-but-largely-secular-society-a-defence-of-childrens-graced-autonomy(228e159a-e6d9-46be-b7c9-7c59a5ab1c0f).html.
Abstract:
The thesis defends a critical theological engagement with rights and autonomy as the basis for protecting children. It was prompted by child protection cases encountered as a lawyer involving families from minority religious communities. The cases raised questions about cross-cultural norms for child protection. The need for such norms, emphasised in the Laming report into Victoria Climbie's death through exorcism, is further highlighted by phenomena like forced marriage and 'honour' killing. Government documents and judicial decisions assume that such norms are found in children's rights and welfare. Yet welfare is indeterminate and in some circles rights are seen as incompatible with religion, unrealistic in their universal aspirations and criticised for liberal assumptions about autonomy and reason. The problems are examined through contextual illustrations from contemporary debates about forced marriage, religious dress, 'honour' killings and sexuality, corporal punishment, faith-based education and adoption. The introductory chapter sets out the problematic, methodology, legal and religious sources and paradigms and the limits of the research. The second chapter considers earlier explorations of cross-cultural bases for child protection norms and identifies their limitations; in particular assumptions of agreement over what constitutes harm are challenged. Chapter three examines specific illustrations of secular or liberal concern which highlight differing understandings about what is harmful for children. In chapter four the worldviews, epistemology and theology underlying such differences are examined in greater depth, identifying divergent views about autonomy as a key factor in the differences. Chapter five considers the concept of autonomy from the perspective of Christian theology, particularly that of Karl Barth and Christian arguments concerning rights. This process enables the construction of a theological defence of autonomy and rights in which autonomy is understood not as libertarian freedom but as the graced uniqueness of cognitive, affective and bodily integrity and identity inherent in all human beings from birth. Such autonomy is the gift of personhood in 'what is least fathomable and controllable in the human subject' that human rights are designed to protect. Graced autonomy can only be lived in relationship with family, community and God but recognises that without respect for each person's integrity and worth right relationship is impossible. Rights are defended as necessary in addressing distortions of power even exploitation which subordinates the interests of some to more powerful others, both individuals and communities. Rights based on graced autonomy also provide more substance to what constitutes worth in terms of the material, social and participative. The sixth chapter assesses the compatibility of the paradigm of graced autonomy with Islam and Judaism whilst the seventh and final chapter considers the implications of the paradigm for various areas of public and legal debate concerning children and adults. In addition further areas of research and exploration of the paradigm are considered for example implications for theological literacy in frontline social work, further testing in other faith traditions and application to adults' rights.
25
Mason, Betty G. Hopkins. "The degree of congruence between high school students' and administrators' perceptions of administrators' adherence to students' civil and human rights /." Full-text version available from OU Domain via ProQuest Digital Dissertations, 1986.
26
Thelander, Nina. "We are all the same, but- Kenyan and Swedish school children's views on children's rights /." Doctoral thesis, Karlstad : Faculty of Arts and Education, Educational Work, Karlstads universitet, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-4112.
27
Klepper, Howard. "Liberalism and the rights of children." Diss., The University of Arizona, 1994. http://hdl.handle.net/10150/186639.
Abstract:
My dissertation examines the rights of children in the context of liberal conceptions of justice. The theoretical aspects of the dissertation concern liberal paternalism, autonomy, and the adequacy of Rawls's argument for the lexical priority of liberty. I apply my theoretical conclusions to practical issues of medical decision making for children, compulsory education, parental and state authority, and the age of majority. I begin with an analysis of paternalism in liberal political theory and its justificatory bases in the concepts of rationality and autonomy. On the basis of empirical studies of children's rationality I draw the preliminary conclusion that the age of majority should be lowered to fourteen years. Next, I consider utilitarian justifications for paternalistic treatment of children. I conclude that utilitarianism leads to an illiberal paternalism that would both maintain the present age of majority and call for expanded compulsory education and compulsory parent training. In light of utilitarian objections to rationality-based paternalism I consider whether the scope of liberal paternalism might be expanded to give greater weight to welfarist concerns. I argue against Rawls's lexical priority of liberty and for a more flexible balancing of liberty against welfare within the conception of justice as fairness. Turning to concrete problems, I analyze recent cases in law involving transplantation of organs between siblings, and argue that the nature of intimate relationships provides a ground for the partial compromise of freedom of the person in the context of family medical needs. However, I contend that adolescents should have authority to make their own medical decisions at age fourteen. I consider the proper scope of parental authority to shape the lives and values of children. I consider the justification and scope of compulsory education and propose a non-compulsory incentive system for continued education after the age of fourteen years. On the basis of my earlier argument for balancing welfare against liberty, I claim that it is permissible and advisable to set a higher age threshold for drinking, driving, marriage, and military service than is set for majority generally.
28
Hristia, Evdokia. "Capturing children's perspectives about decision-making in the Swedish preschool setting. : How children's rights can be understood by exploring children's voices." Thesis, Linköpings universitet, Institutionen för tema, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-171781.
Abstract:
This thesis aims to examine children's perceptions of decision-making at the Swedish preschool context by exploring children's voices. This qualitative work is motivated by the United Nations Rights of the Child that became law on the 1st of January 2020 in Sweden. Article 3 about the child's best interests and Article 12 about the voices of the children to be respected are important fundamentals in the preschool context. Therefore, it is crucial to eavesdrop children's perspectives on decision-making in relation to children's rights and what children's rights mean for them since the matter of children's rights concerns children more than anyone else. Semi-structured interviews were conducted with four 5-year old children at a preschool located in Sweden. Also, the drawing method was used to collect data, making the process more child-friendly and engaging. By using thematic analysis, three main themes emerged: children as decision-makers in the preschool, children as nondecision-makers in the preschool and to be heard at the preschool. Moreover, from the first theme, two subthemes arose: children deciding in the play and children deciding when eating and resting that identified in which situations perceive children themselves as decision-makers. The three subthemes that arose from the second theme were "The teachers!", Daily routines and "Deciding in the play but…" that present children's perceptions on why they are not decision-makers in those particular situations. The findings showed that the children perceive that they can have more influence on play and planned activities than on the daily routines of lunch time, sleeping/resting time or fruit time.
29
Mapapu, Ntombizodidi Jenniffer. "Child sex tourism in South Africa: A children's rights perspective." University of the Western Cape, 2016. http://hdl.handle.net/11394/6103.
Abstract:
Master of ArtsIn the words of Najat Maall M'jid, former United Nations (UN) Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography: 'As the world reflects on the universal development goals for the post- 2015 era, bearing in mind the strong connections between economic, social, and political development and child protection issues, childsensitive protection must be included in the Post-2015 Development Agenda..' Three World Congresses against the Sexual Exploitation of Children between 1996 and 2008 convened to specifically address the rapidly advancing Commercial Sexual Exploitation of Children (herein referred to as CSEC). In these conferences global commitments were undertaken by countries partaking, to provide measures to prevent prohibit and protect children from sexual exploitation.
30
van, Aardt Linda. "Young children's understanding of their rights and responsibilities in democratic South Africa." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60986.
Abstract:
The driving force for this study was firstly to gain insight into young children's understanding of their rights and responsibilities in democratic South Africa. Secondly, to identify whether the participating learners were educated about and had insight into their rights and responsibilities. Thirdly, I explored gaps in participating learners' knowledge of their rights and responsibilities and determined areas that can be improved by the education policy and practice related to children's rights. The main purpose of this research was to contribute to the growing body of knowledge and in so doing, improve the education of the young child in general. The aim of this research was to assist and guide educators and all adults working with children on all levels to transform education related to the rights and responsibility of the young child. Fourthly, I to give children a voice in society.
Empowering them with knowledge could ultimately assist adults working with children to raise strong, well-adjusted learners through knowing and understanding their rights. It was imperative for this study that I closely listen to and heard the participant children's voices. Giving children the opportunity to be heard empowers them to be participating citizens rather than being passive and reliant on others. The right to be heard can be referred to as a self-improving or self-regulating right. Children are knowledgeable regarding their own lives and their rights to self-expression, citizenship and their sense to fit in. Being knowledgeable makes children experts in their life-world. This is why it is very important to know how the South African child understands his or her rights and responsibilities.
South Africa became a democracy in 1994. The children in this study live in South Africa and were born into the democracy of South Africa. The participant children were accustomed to living in democratic South Africa and voiced their opinions contextually and accordingly.
This research design is of a qualitative nature, utilising case study as a method and took place in the natural environment of the participants where data was collected. Multiple case studies were utilised and viewed from an interpretivist perspective. This enabled the researcher to provide a construct of young children's understanding of their rights and responsibilities in democratic South Africa.
The research context was the school grounds as well as the classroom of the participants. Data concerning the understanding that young children have of their rights and responsibilities was gathered through observations, interviews, discussions, artefacts made by the participants, photographs taken by the participants, stories and narratives in the form of text written by the participants and analysed by the researcher. The analysis of visual artefacts was instrumental in gathering data for this study.
Data gathering took place in a Grade 3 classroom. The 17 research participants for this study were selected via convenience sampling. I examined the data collected to find and discover young learners' perceptions of their rights and responsibilities. I chose an independent school where the participants had diverse backgrounds regarding language, ability, socio-economic background, race and religion. This independent school had a high standard of education. According to the UNCRC children's ages ranges from birth to 18 years of age. The general age of Grade 3 children is nine years. This is right in the centre of childhood and therefore considered it an appropriate age to obtain an understanding of what the child has come to know and understand as his or her rights and responsibilities.
A conceptual framework was developed during this study for children's rights and responsibility. By combining the social constructivist theory, the three p's and the ladder of participation, it assisted me in understanding the phenomenon under study. My findings are that the participant children had a certain amount of insight and possessed promising potential in participating. However, misperceptions occur and inadequate knowledge disappoints children to participate at their full potential. Rights education is crucial, as it will assist our children to understand their rights more clearly in order to become future citizens that will have the ability to participate in democratic processes.Dissertation (MEd)--University of Pretoria, 2016.
Early Childhood Education
MEd
Unrestricted
31
Mkali, Theodora Talumba. "Children's rights and girl child marriages : a case study for Malawi." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20810.
Abstract:
The harmful traditional practice of child marriage remains one of the main challenges towards the full realization and enjoyment of children's rights in Africa. In the sub-Saharan Africa alone, countries such as Malawi are faced with the problem of child marriage where as high as 40% of the women are married as children. Malawi has a substantive legal framework that affords protection and prohibits the harmful practice of child marriage. However, child marriages remain prevalent in Malawi where harmonisation of the laws is problematic. This has the effect of robbing the girl child of her childhood, access education and health among other rights that she is entitled. Addressing this problem in Malawi as a matter of urgency is crucial for the promotion, protection and realisation of children's rights, especially to the girl child. This study therefore conducts an analysis of the legal framework and contextual practice of child marriage in Malawi based on desk research of various laws in Malawi and literature. This analysis is premised on the understanding that human rights law within a legal framework plays a major role towards ensuring that young girls are protected from child marriage and its attendant consequences. This study has found that the laws of Malawi are not synchronised with each other especially with the Malawi Constitution with regard to protecting the rights. The case in point for instance is the recent passing of the Marriage, Divorce and Family Relations Act which reflects international and regional human rights standards, but is inconsistent with the Constitution of Malawi. It is recommended that Malawi should through the law address the practice of child marriage by amending the Constitution to remove any ambiguities. In this regard, creating a protective legal framework must not be done in vain. This should be supported by effective implementation of national development plans that aim to realise the rights of children, especially the girl child.
32
Singh, Ammar Bahadur. "Child Clubs as the Defenders of Children's Rights in Nepalese Context." Thesis, Norges teknisk-naturvitenskapelige universitet, Norsk senter for barneforskning, 2012. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-17559.
Abstract:
Children are seen as competent social actors in new social studies of childhood and proponents of which seek for children’s participation in all matters that are of interest to children, and simultaneously and thereafter influence the decision making process that affect them in both explicit and implicit terms. Additionally, the UNCRC in articles 12 and 13 legally provisions for the participation of children to have a say on the issues of their concerns and their views should be taken into consideration. The community based child clubs seem to have emerged to meet this end. My thesis aimed at exploring the lived experiences of children involved in the community based child clubs in order to gain knowledge on how the clubs have been good defenders of children’s rights, particularly their right to participate and agency and what implications the clubs have in Nepalese society. Qualitative questionnaires as a gateway to enter the issue, and (semi) interviews, focus groups discussions and ranking as primary qualitative methods were used to collect data. Nine children, five girls and four boys, and six adults were the informants, but children were the focus of the research. The empirical data were further analyzed and interpreted. This research shows that the community based child clubs have been a good forum for children to get information on children’s rights and other issues, and develop their personal and social skills. Children’s participation in the social activities that are of direct interest to children has been the main focus of the clubs. Children lead, manage and implement the clubs activities and program themselves and hence children’s agency has been recognized and promoted. These clubs have brought positive changes to children themselves, their families and societies. Furthermore, the clubs have got a strong space in the society and challenged the traditional beliefs and practices that discourage child participation. Thus, it is reasonable to say that the child clubs have turned into a real crusader for informing, promoting and protecting children’s right to participate and hence develop their agency.
33
Nnadozie, Ugochi. "Integrating rights and duties:Achieving children's autonomy in a culturally diverse world." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=104775.
Abstract:
This thesis reviews the current understanding of autonomy rights of the child as communicated by the UN Convention on the Rights of the Child. It examines whether this conception is effective in achieving the fulfilment of the autonomy rights of the child, as well as in responding to the key challenges in the realisation of these rights within some jurisdictions. It proposes a critical look at the negotiations and drafting process of the Convention on the Rights of the Child in order to develop and foster a better appreciation of the basis of the current understanding and, therefore, the existing challenges in implementation. It suggests that there is a need to re-conceive the autonomy rights for children by integrating the notion of duties. Using the example of the Africa Charter on the Rights and Welfare of the Child (ACRWC), it explores the advantages of such an approach.Cette thèse examine la compréhension courante des droits d'autonomie de l'enfant tel que transmise par la Convention relative aux droits de l'enfant de l'ONU. Nous examinons si cette conception est efficace dans l'accomplissement des droits d'autonomie de l'enfant ainsi que dans le contournement des obstacles à la réalisation de ces droits qui existent dans certaines juridictions. Cette analyse propose un regard critique sur le processus de négociation et de rédaction de la Convention relative aux droits de l'enfant dans le but de développer une meilleure appréciation des notions sous-jacentes à la compréhension courante et, par conséquent, des défis pour sa mise en oeuvre. Cette analyse propose qu'il y aurait un besoin de revoir et de reformuler les droits d'autonomie des enfants en intégrant la notion des devoirs. En utilisant l'exemple de la Charte Africaine des droits et du bien-être de l'enfant, ce texte examine les avantages d'une telle approche.
34
Jawoniyi, O. O. "Religious education in state schools and children's rights : an empirical study." Thesis, Queen's University Belfast, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.557633.
Abstract:
The issue of whether and how religion should be taught in state funded schools in democratic societies remains crucially important. Given the sustained presence of religion in the public sphere, there is need for children to possess knowledge and understanding of the role of religion in today's world. It is, however, crucially important that children are safeguarded from being subjected to indoctrination through religious education (RE) programmes offered in schools. Using international human rights law, particularly the United Nations Convention on the Rights of the Child (UNCRC) as a canon, this thesis examines whether or not RE can be delivered in state funded schools in such a fashion that children's rights and interdependent parental rights are respected, protected and fulfilled. It also scrutinises the degree to which RE can, if at all, engender the actualization of the aims of liberal education articulated in the UNCRC. Using a two-fold qualitative methodological paradigms (i.e. case study and hermeneutic phenomenology) and four ethnographic data collection methods (i.e. observations, interviews, focus groups and documentary and artefacts analyses), qualitative data was collected in two contrasting schools (i.e. one grant-maintained integrated secondary and one Roman Catholic Diocesan voluntary grammar) in Belfast Northern Ireland. Findings highlight that through the deployment of a variety of RE pedagogical approaches, the body of knowledge (of religious and non-religious/philosophical nature) was conveyed to children pluralistically, critically and objectively, without indoctrination. Further, this study draws attention to the fact that the teaching of RE in a pluralistic fashion conceivably facilitates children's development of mutual respect for, and mutual understanding of, one another. It also suggests that the teaching of RE in a critical and objective fashion, without indoctrination, can promote the development of children's critical thinking, rational autonomy and the right of the child to an open future. In these respects, this study suggests that RE can be taught not only in a fashion that respects, protects and fulfils children's and parents' rights, but also in a manner which engenders the actualization of the aims of liberal education articulated in the UNCRC. This research, therefore, seeks to contribute to our understanding of: (i) the dialectical relationships between religious education and children's rights; and (ii) the issue of whether and how religion should be taught in state funded schools.
35
Wood, Jenny. "Space to participate : children's rights and the Scottish town planning system." Thesis, Heriot-Watt University, 2016. http://hdl.handle.net/10399/3401.
Abstract:
Children are often excluded or marginalised in public space, but it is increasingly recognised that this denies them certain rights enshrined in the UN Convention on the Rights of the Child (UNCRC). In particular, a child's right to be heard in matters that affect them (Article 12), and the right to play, rest, leisure and access to cultural life (Article 31). The UK ratified this convention in 1991, but it has not yet fed through into the range of policy measure that may affect children, and amongst these is the town planning system in Scotland. This research examines what children's rights mean for the town planning system, and how it can move towards a child-rights informed practice, focusing on middle childhood (ages 6-12). It takes a rights-based framework to conduct critical ethnographic participatory action research. This involves a live project around a local park restoration with children aged 9-12; interviews with professionals; and critical discourse analysis of policy. It finds that children in middle childhood are capable of participating in planning in a number of ways, but that planning research and practise are not well-placed, or supported at present, to do so. By bringing insights from other disciplines, empirical work, and analysis, the thesis ends by suggesting ways to make the participation of children in place and process more achievable in Scotland.
36
Farinde, Louisa Omolara. "The effectiveness of protecting children's rights in post-conflict Liberian society." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15200.
Abstract:
This dissertation will primarily involve desk-based research to examine those provisions of the Liberian Children's Law that refer to measures preventing the use of children in armed conflict, measures protecting children from being used in armed conflict as well as measures reintegrating children into society who have participated in such violence in their past in light of CRC standards. Reference will also be made to scholarly contributions on children's rights in postconflict societies, reports on and documentation of the condition of child rights in Liberia and the relevant international and regional human rights instruments including the International Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Rome Statute of the International Criminal Court, and the African Charter on the Rights and Welfare of the Child. Among critiquing the Children's Law by comparing its standards to other international human rights instruments, feasibility of the Children's Law will be examined by considering 1) justiciability, 2) accessibility, and 3) enforceability as criteria indicating whether the Children's Law is a substantive document and proves effective in theory or not.
37
Da, Cunha Rêgo Leonor Castanho Lombo. "Beyond conventions : a psycho-educational perspective on children's rights to participation." Thesis, University of Warwick, 2003. http://wrap.warwick.ac.uk/2583/.
Abstract:
This thesis addresses the concept of `children's right to participation'. In an effort of conceptualisation, it starts by providing a definition of four views through which this right might be considered: inalienable; statutory; granted; exercised. Several levels at which these views may operate are also examined. These include macro-, meso- and micro-levels. Not withstanding the importance of macro- and meso-levels, a case is made for the appropriateness of microlevels as loci for both the research and the exercise of participation rights. This is a view stemming from the psycho-educational perspective in which this thesis is inscribed. The importance of going beyond Conventions and concentrating research efforts in that the exercise of participation becomes a reality for children in their everyday lives is highlighted. It was deemed that undertaking a case study in a primary school would be helpful in that effort. Two research questions were examined through such design: Question 1: How can the `exercised right to participation' in the primary school be defined? Question 2: What are the factors that influence such participation? In order to explore the first question, a set of indicators regarding granted and exercised participation was conceived, and it was applied in Santa Maria primary school (Portugal). This encompassed the school as a whole, the different classrooms and individual children. The results led to the conclusion that Santa Maria school, as a whole, did not appear to constitute a participation-oriented ethos. However, some elements indicated the existence of important discrepancies among the different classrooms, namely in what concerned the participation experiences of the children that attended them. With regards to the second research question, several hypotheses were defined as to the factors that might influence the exercise of participation. These included: the children's age, the children's personal characteristics as well as the teachers' attitudes. The latter seemed to prevail as a determining factor, which entails considerable implications for future research undertakings as well as potential pragmatic interventions.
38
Corngold, Josh. "Toleration, parents' rights, and children's autonomy : teh case of sex education /." May be available electronically:, 2008. http://proquest.umi.com/login?COPT=REJTPTU1MTUmSU5UPTAmVkVSPTI=&clientId=12498.
39
McLeod, Alison Jean. "Listening but not hearing : barriers to effective communication between young people in public care and their social workers." Thesis, Lancaster University, 2000. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.250530.
40
Khalil, Ghassan. "Effect of international human rights law in the arab world : with special focus on women and children's rights." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D024/document.
41
Du, Plessis Emma Kate. "The constitutional rights of 'benefactor children' and 'saviour siblings' to bodily intergrity and autonomy." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/d1010420.
Abstract:
In modern society, children are acknowledged as bearers of both children‟s rights and all other rights in the Bill of Rights which generally apply to children. One important right, outside of section 28, is that of bodily integrity or the right to control and decide what happens to their body. Therefore, children theoretically have the right to consent to medical treatment and surgery. However, children are generally deemed to lack the necessary maturity to make decisions of this nature and require parental consent before any medical procedure may be performed. Following the enactment of the Children‟s Act 38 of 2005, the age of consent for medical intervention was lowered to the uniform age of twelve. Children above the age of twelve are recognised as having the capacity to make their own decisions in respect of bodily integrity, whereas those under twelve still require parental consent. While this may be a positive evelopment, it is potentially problematic for two groups of children, known as „benefactor children‟ and „saviour siblings‟. In the last 50 years, there has been a noticeable advancement in the field of genetic research. One such development is the possibility of creating one child to save the life of another through tissue or organ donation. This has provided options to parents of children with life threatening conditions where before, there was little hope of a cure. Now, at the request of these parents, children can be specifically “genetically engineered” as an embryo, to become a tissue or organ match to a sick sibling. These children are known as „saviour siblings‟. Another group of children has emerged. While not the result of “genetic engineering”, they serve a similar purpose in being potential life-saving donors to an ill sibling and are known as „benefactor children‟. Both categories of children enjoy the protection of fundamental rights. For those who are under twelve years of age however, the right to bodily integrity can be infringed upon by the proposed surgical removal of organs or tissue for the benefit of a sick sibling, based purely on a parent‟s consent. At stake too, is the right to reproductive autonomy. Parents bear children for a number of different reasons, which can include raising a child to save the life of another. As they have the right to reproductive autonomy, adults are able to decide when they want children and for what reason they want children, which can include the various techniques used to bring about „saviour siblings‟. However, as rights are mutually interrelated and nterdependent, they cannot be viewed in isolation. Therefore, it must be asked: does a person‟s right to reproductive autonomy, as guaranteed by the Constitution, justify interference with an embryo? As an embryo is not recognised in South African law as a legal subject, it will be difficult to justify interference with this right on this basis. The right to consent to medical intervention only from age twelve was described as potentially problematic for „benefactor children‟ and „saviour siblings‟, as parents with seriously ill children may become so emotionally burdened, that they place the welfare of the sick child over that of the healthy child. Thus, it is possible that parents will consent to any and all procedures on the „benefactor child‟ or „saviour sibling‟, regardless of the implications to the health and suffering of the healthy child. Section 28(2) of the Constitution states that the child‟s best interests are of paramount importance but, it must be asked, whose best interests are more important when more than one child is involved? As this is a decision parents are incapable of making at that time, the decision should be made by a neutral, impartial and unemotional third party such as the Court, which can be assisted by the Family Advocate and an ombudsman, who are experts in assisting children and promoting their best interests. Presently, South African law does not expressly address „saviour siblings‟. However, with few changes to the National Health Act and other Regulations, this is an area which could be regulated in time. These changes could include finalising the draft regulations as well as providing a list of the medical and dental purposes for which blood and tissue can be removed and should make specific reference to the removal of tissue, blood or blood products to treat a sick sibling. It is also imperative that South Africa regulates these matters now, as „saviour siblings‟ are no longer simply a matter for the future. Furthermore, legislation needs to be amended and enacted to prevent the law from becoming out-dated and redundant, leaving „benefactor children‟ and „saviour siblings‟ vulnerable while law is being drafted. In that international law is silent on the matter, South Africa would be well advised to consider foreign law such as the United Kingdom, in developing its law. As the United Kingdom has developed a National Board, so too should South Africa, as this would assist in regulating „saviour siblings‟ by allowing members to review each proposed case of „saviour siblings‟. This is merely one recommendation of several which could facilitate a smooth, controlled regulation of a highly emotional topic. Children remain one of the most vulnerable groups in society and their rights are often susceptible to infringement or abuse. It is incumbent on the law to ensure that, wherever possible, these rights are protected, especially as science continues to advance and it becomes more difficult to determine what is morally correct.
42
Chilemba, Enoch MacDonnell. "A critical appraisal of the right to primary education of children with disabilities in Malawi." Thesis, University of Pretoria, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7124_1360933073.
43
Kilkelly, Ursula. "The child and the European Convention on Human Rights." Thesis, Queen's University Belfast, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.263401.
44
Pare, Mona-Christine. "Street children's right to education : the failure of international law in protecting the rights of a vulnerable group." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1663.
Abstract:
This thesis studies the role of international law in protecting the rights of marginalized groups and examines the case of street children as a group whose rights are not adequately protected. It argues that the omission of a reference to street children in international law is a contributing factor to the systematic violation of street children's rights. This discussion examines the concept of group and the meaning of group status in international human rights law. It links the notion of a "vulnerable group" to discrimination and discusses the required special measures and attention in applying the principle of non-discrimination. To illustrate this, the example of the right to education is employed to demonstrate the difficulty in applying international human rights law as it currently stands to street children. The right to education serves to illuminate the discrimination against street children and provides concrete meaning to the application of the principle of non-discrimination to specific groups. Therefore, the thesis examines the international rights of the child and all relevant binding and non-binding instruments to explain how particular provisions and principles may, constructively or adversely, affect the implementation of street children's right to education. The study finds that notwithstanding the apparent inadequacy of international law, relevant provisions have not been used optimally. An examination of the case study of Brazil confirms this, while underscoring the difficulty in linking norms and practice nationally and internationally. The discussion concludes that international law has the potential to better protect street children's right to education. By extension, the practical applications thereof extend to the rights of other groups that are not expressly covered at present. The key to this lies in exploring the role of human rights mechanism in teleologically interpreting human rights norms to determine, and monitor, state obligations towards specific groups.
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Mezmur, Benyam Dawit. "Children at both ends of the gun : towards a comprehensive legal approach to the problem of child soldiers in Africa." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
Abstract:
While the participation of children in armed conflict has been evident for some time, internal community mobilization on the issue is fairly recent. In 1993, the General Assembly of the United Nations adopted resolution 48/157 in response to a request by the Committee on the Rights of the Child.At the present the Coalition to Stop the Use of Child Soldiers reports that approximately 300,000 children in over 40 countries worldwide are engaged in armed conflict. Of the estimated 300,000 child soldiers in the world, 120,000 can be found in Africa alone.
Apart from making them direct combatants, both governments and armed groups use children as messengers, lookouts, porters, spies able to enter small spaces, and even use them as suicide bombers and human mine detectors. In the due course of such use and abuse children are forced to kill or are themselves killed, sexually assaulted, raped, forced to become wives of the commanders, exposed to drugs and forced labour, showing the cross cutting nature and magnitude of the problem of child soldiers.
There are a variety of international legal standards which, at first glance, seem to give some direction and guidance in the protection of child soldiers. In spite of these legal instruments for the protection of child soldiers in Africa, however, much remains to be done as the problem is continuing at a larger scale every day and new challenges keep cropping up. This study will look into ways of addressing these problems in the context of Africa.
Therefore, in order to address the issue to the best possible level, the normative framework in place may need to be strengthened. Moreover, in an attempt to be comprehensive in addressing the problem, ways of dealing with child soldiers who have allegedly committed atrocities during armed conflict should be included. This piece explores how these issues could possibly be addressed to provide for protection to the child soldier in Africa.
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Trägårdh, Jessica. "It is good! It always reminds us that they have rights and we have rights : A study about working with children’s rights in a few preschools in South Africa." Thesis, Högskolan i Borås, Institutionen för Pedagogik, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hb:diva-19349.
Abstract:
BACKGROUND: The rights of the child are a subject that never stops to be of immense significance and import. All people are bearers of human rights yet children are, due to their vulnerability, always subordinated adults. It is therefore of great magnitude that we learn to respect and treat the child with dignity. It is our duty as preschool teachers to implement these rights and to raise the children in a democratic spirit, to achieve this we need to act accordingly. This can sometimes be a complex matter. South Africa has a history of violence and discrimination; nonetheless the country has made substantial progress in these areas. I decided to go and see for myself how the work with children’s rights was coming along. PURPOSE: The main purpose of this study is to find out how a few preschool teachers work with children’s rights in the country of South Africa. I decided to focus on children’s participation and on corporal punishment and the teachers own views on these topics METHOD: This study takes a hermeneutic scientific conduct, through ethnographic research I try to analyze and interpret a few preschool teachers’ views and actions concerning children’s rights. In this field study data was collected through interviews and observations. RESULT: Earlier research and concluding observations say that South Africa is having difficulties in realizing children’s rights in numerous areas. Both the child’s participatory rights and the continuous use of corporal punishment are expressed as concerns. In this thesis I find that teachers are unfamiliar with the UN Convention on the Rights of the Child and that they receive no education or support from the government in these matters. The teachers are however aware of the concept “children’s rights” and they have some understanding of what it is relating to. The teachers states that the work with children’s rights every day and in all activities but no organized situations about this is observed. The child’s possibilities to participate are scares and the teachers are relatively novel towards the involvement of the child. Most teachers consider benefits from corporal punishment and the continuous use is evident.
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Clarke, Sharna-Lee. "Holding South Africa Accountable : A Critique of the Reports Submitted to Treaty Bodies Pertaining to the Rights of Children with Disabilities." University of the Western Cape, 2016. http://hdl.handle.net/11394/5143.
Abstract:
Magister Legum - LLMSouth Africa recently submitted reports to three treaty bodies regarding steps taken over the past two decades to implement the rights of children with disabilities. This study is focused on critically analysing the South African reports submitted to the United Nations Committee on the Rights of the Child (hereinafter referred to as the CRC Committee), the African Committee of Experts on the Rights and Welfare of the Child (hereinafter referred to as the ACERWC) and the Committee on the Rights of Persons with Disabilities (hereinafter referred to as the CRPD Committee) regarding the implementation of the CRC, ACRWC and the CRPD in South Africa. In doing so, the study focuses on all matters pertaining to children with disabilities as well as focusing on particular groups of children with disabilities. This will be done to determine whether or not the State meets the international law obligation of implementing the CRC, ACRWC and the CRPD in South Africa.
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Ngwatu, Ginamia M. "Access to land and land rights in post conflict societies in Uganda : a perspective on women's and children's rights." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/16770.
Abstract:
Issues of access to land and realisation of land rights have always existed in Uganda as women are
considered to be potential land owners. Such rights usually have to do with the rights of individuals to
particular plots of land, but also with rights to land held collectively. The situation in post conflict
northern Uganda was brought about by the displacement of people from their villages, but it only
served to perpetuate this situation. The conflict in northern Uganda began in 1988 between the
government of Uganda and the Lord’s Resistance Army (LRA).Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Atangcho N. Akonumbo of the Faculty of Law, Catholic University of Central Africa, Cameroon. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Anwo, Joel Olasunkanmi. "A comparative analysis of the rights of the child with particular reference to child soldiers." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/102.
Abstract:
The recruitment, enlistment and forceful conscription of children as soldiers is a cause for grave concern all over the world and most especially in Africa, where years of factional fighting, civil wars and cross border conflicts have raged, children and youth have been pulled into violence not only as victims, but also as perpetrators. The involvement of children in war posses a severe challenge to prevailing moral and legal norms of the conduct of modern warfare. A major problem and most controversial issue, among others, is on the age at which children should be eligible to become combatants. Children, who may be viewed as a valuable resource due to their often inherent malleability, wish to avenge family member(s) killed in war, sense of immunity to danger, and or feeling of power in participating in the violence. Can the use of children as soldiers be effectively regulated in Africa? All efforts to assist child soldiers in recovering from the devastating effects of wars often unwillingly helped promote the growing number of child soldiers. This is in part because wars are now more fought internally among rebel armies and factions vying for power with the government and thus enlist children into their various armies. The study comes to a conclusion that drastic steps need to be taken to ameliorate this unfortunate situation. This formed the basis of the recommendations offered in the thesis to assist the African continent.
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Munn, Marion Alison. "Religious freedom versus children's rights| Challenging media framing of Short Creek, 1953." Thesis, The University of Utah, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1556146.
Abstract:
The media’s ability to frame a news story, or to slant it in a particular direction and thereby shape public perceptions, is a powerful tool with implications for material effects in society. In this thesis, a Multimodal Critical Discourse Analysis of the words and photographic images used in the framing of Life magazine’s September 14, 1953 article, “The Lonely Men of Short Creek,” is combined with contextualization of the story within the historical, sociological, and regional settings that may have affected its ideological content. This provides insights into Life’s editorial perspectives and potential audience response. “The Lonely Men of Short Creek” is an account that some writers have suggested contributed to a laissez-faire attitude towards the polygamist community of Short Creek, Arizona, in which a failure to enforce state laws allowed child sexual abuse to continue unhindered there for the next half century. This analysis of Life’s account demonstrates its overall sympathetic framing of Short Creek in 1953, particularly of male community members, and the construction of a narrative with significant absences and misrepresentations that obscured or concealed darker themes. Life’s construct has in certain aspects been replicated today in what some consider to be the “definitive” account of the story, which repeats a persistent tale of religious persecution, compromised constitutional rights, and an overbearing state’s “kidnap” of the children of an apparently innocent and harmless rural polygamist community. Such a narrative has deflected attention from an alternative frame—that of a community charged with multiple crimes, including the statutory rape of children manipulated by adults within a religious ideology that demanded plural “wives.” This thesis contends that in 1953, these children were overlooked, or ignored in a fog of often taken-for-granted US national ideologies and editorial perspectives relating to religious freedom and the “sacred” nature of the family in the post-Korean War and Cold War era. Such findings raise questions about the ethics of partisan framing of news stories in which alleged victims are implicated, acceptable limits of religious and family rights, and the often un-interrogated national ideologies sometimes used to justify harmful or criminal behaviors.