Teses / dissertações: "Childrenʹs rights"

1

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.

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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.

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2

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.

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3

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.

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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.

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4

Dan, Jau-Wei. "Rights, children's rights and compulsory education". Thesis, University of Glasgow, 1991. http://theses.gla.ac.uk/3862/.

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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.

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5

Tuveng, Marthe Rise. "That is children’s right – isn’t it? : How does Statens Barnehus bring forward children’s rights to be heard?" Thesis, Norges teknisk-naturvitenskapelige universitet, Norsk senter for barneforskning, 2013. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-23726.

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Through qualitative analysis with basis in a theoretical framework constructed by perspectives from sociology of childhood and Freeman and Dwyer’s understanding of children’s rights, this thesis contributes to in depth knowledge and critical analysis of actors perspectives and experience with Statens Barnehus forwarding children’s rights. This thesis has the aim to explore and examine the role of Statens Barnehus and their work with abused children. Through 8 in-depth interviews this thesis set focus on the impact of establishment of Statens Barnehus and their process related to forensic interview and problematize the concept of understanding children’s rights in different institutions. The aim of the in-depth interviews is to explore different actors understanding of `Statens Barnehus´ and how Statens Barnehus can contribute to forwarding children’s rights to be heard.

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6

Tolley, Tamara Rose. "Understanding children's rights". Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365523.

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7

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/.

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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.

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8

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/.

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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.

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9

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.

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10

Viera-Crespo, Sharon Ellysse. "Children's rights and empowerment". Thesis, University of Colorado at Denver, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1571300.

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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.

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11

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.

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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.

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12

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.

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13

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.

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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.

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14

Liljekvist, Frida. "Children’s Rights: the balance between children’s participation and protection : A policy analysis of the government report “A window of opportunity- a strengthen children’s rights perspective for children in refuges”". Thesis, Linköpings universitet, Tema Barn, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-151669.

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In November 2016 the Swedish government requested a study where actions were suggested in order to strengthen the children's rights perspective for those children living at refuges. This resulted in the commission of inquiry "A window of opportunity- a strengthen children's rights perspective for children in refuges" (SOU 2017:112). The aim for this paper is to study how this inquiry is constructed and in which way it problematize children's rights and will be guided by three research questions: how is the concept ‘children's rights' problematized in the report SOU 2017:112, how does the problematization of children's rights position children living at the refuges in order to strengthen them as rights holders and what implicit assumptions are made as a way to increase the children's rights perspective for the children living at refuges? To investigate these questions this paper will do a policy analysis based on Carol Bacchi’s (2009) “What’s the Problem Represented to Be?” (WPR) approach. The method is chosen since the WPR-approach is used for the study of policies and especially studies the way a policy constructs a problem. This paper argues that the problematization of children's rights positions the children at the refuges as in need of protection and care and at the same time emphasizes their right to get their voice heard, as they are being active individuals. The urge to strengthen the children is argued to be a way to prevent the children who have experienced violence to become abusive themselves. As such, the conclusion is that a strengthen children's rights perspective for those children living in refuges transmits to them becoming ‘good citizens'.

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15

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.

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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.

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16

Poh, Boon-nee, e 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.

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17

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.

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18

Clucas, Beverley Renshaw. "The rights of children". Thesis, University of Sheffield, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.398389.

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19

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.

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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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20

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/.

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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.

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21

Murungi, Lucyline Nkatha. "The significance of article 24(2) of the UN Convention on the Rights of Persons with Disabilities for the right to primary education of children with disabilities: a comparative study of Kenya and South Africa". Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8452_1382534032.

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The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and redefined approaches to issues of disability. Fundamentally, the CRPD embodies a paradigm shift in thinking about disability. It embraces the social model of disability, in terms of which disability is a function of the interaction between a person with impairment and his or her environment as opposed to an inherent limitation of functioning. The social model is, in turn, anchored in a human rights approach to disability. No doubt, the adoption of the CRPD triggered immense optimism for the realization of the rights of persons with disabilities. One of the rights recognised under the CRPD is the right to education. Article 24(1) of the CRPD recognises the right of persons with disabilities to education and sets out the aims of such education. Article 24(2) sets out a number of principles to guide the implementation of the right. These include: non-exclusion from the general education system including non-exclusion of children with disabilities from free and compulsory primary education
access to inclusive quality and free primary education on an equal basis with other children in the communities in which children with disabilities live
reasonable accommodation of a student&rsquo
s needs
provision of support necessary to facilitate effective education
and provision of individualised support measures in environments that maximise academic and social development of the students with disabilities. It is generally accepted that the right to education is one of the most essential rights, particularly in light of its empowerment function that helps to facilitate the exercise of other rights. The primary level of education has particularly attained global recognition and priority in resource allocation and implementation. Primary education contributes significantly to the maximum development of the full human potential of children. There are therefore differentiated obligations for the right to primary education in international human rights. Nevertheless, there are still significant barriers to access to primary education, particularly in the African region. While children with disabilities have been excluded from education for a long time the world over, their exclusion in the African context is particularly endemic. The core purpose of this thesis is to determine how article 24(2) of the CRPD affects or is likely to affect primary education of children with disabilities, particularly in the context of developing countries. The focus of the enquiry is mainly the law and policy in this regard. The subject spans three main spheres of rights: children&rsquo
s rights, socioeconomic rights (particularly the right to education), and finally disability rights. Children&rsquo
s rights, especially since the adoption of the Convention on the Rights of the Child (CRC), are generally accepted. The right to education also has a long standing history, and whereas debate regarding the appropriate approaches to its implementation still abides, there is apparent normative and jurisprudential consensus on some aspects thereof, particularly at the primary education level. It is essential to determine the relational framework of these spheres with the disability rights established under the CRPD. The thesis finds that the CRPD does in fact redefine the parameters of the right to education as previously understood in international human rights instruments. Particularly, the expanded aims of education under article 24 call for education systems that recognise non-academic learning, such as the development of the talents or creativity of the learner. This provision is particularly significant to the child with disabilities. Also, while not establishing an entirely new right, the principles under article 24(2) establish actionable sub-entitlements that enhance the justiciability right to education for children with disabilities. However, it is apparent from the comparative studies that it is the implementation of these provisions that presents the greatest challenge for the realisation of primary education for children with disabilities. This suggests that whereas norm creation as under the CRPD may have the value of triggering and sustaining discourse on appropriate responses in the context of the education of children with disabilities, it is the translation of these norms into practical action points that is the determining factor for realization of the right.

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Ntebe, Ntombenani Primrose. "Children's experiences and views on domestic violence". University of the Western Cape, 2012. http://hdl.handle.net/11394/5157.

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Magister Legum - LLM
In 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.

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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&amp.

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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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Ahmed, Najma. "Child rights : A study of the rights of children in Kenya and violations of the rights of children in Kenya". Thesis, Enskilda Högskolan Stockholm, Avdelningen för mänskliga rättigheter och demokrati, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:ths:diva-1356.

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This essay is about children's rights in one African country namely Kenya. It includesinternational documents like the United Nations Convention of the Rights of the Child (CRC) andthe regional African Charter on the Rights and Welfare of the Child (ACRWC). The thesis alsoanalyzes the differences between these documents and also the Sustainable development goals arediscussed and how they directly touch children's rights.This thesis also deals with the topic of how children's rights are protected by the Kenyanconstitution . It will mention the international laws and conventions that Kenya is obligated toimplement and follow in order to guarantee the kenyan children their rights. During the work wewill take a look at legislations and policies that Kenya has established to promote and protect therights of the children in Kenya.I will analyze some of the violations of the rights of children in Kenya and will be mainly focusingon laws and policies that the country established. The thesis also includes an investigation ofwhich children's rights are violated in Kenya. It consists of statistics and what the laws in Kenyasay about these violations.

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Brady, Susan M. "The concept of the best interest of the child in special medical procedure applications heard by Australian courts and tribunals /". [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18893.pdf.

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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.

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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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Brom, Charlotte. "The human rights of the child : the case of street children in Central America". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78205.

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Street children in Central America are largely denied protection of their human rights. They live in difficult situations of poverty, inappropriate work and neglect, and thus are not able to enjoy most of their rights and basic needs.
The international framework for children's human rights law, composed primarily of the Convention on the Rights of the Child and the principles inherent to it, can be described as based on a doctrine of integral protection, a notion developed primarily by Central American legal scholars. At the same time, however, most Central American states ignore their obligations to conform their domestic legislation to these standards.
This thesis is meant to provide Central American countries with guidelines captured by a model referred to as UPPP2. Its main objective is for States to acknowledge that the plight of street children needs to be understood; prevented by adequate domestic legislation; and requires protection by effective implementation and provision of justice.

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Chinwuba, Onuora-Oguno Azubike. "Assessing the rights of the indigenous child to education - a case study of the Batwa in Uganda". Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8005.

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The study seeks to achieve the following: (1) Highlight the perception of the Batwa on the right to education (2) Make a case for the importance of education in the interest of the Batwa (3) Make conclusions and recommendations that will enhance the right to education of the Batwa child. Conclusions and recommendations reached would not only assist Uganda in fashioning out a model that will not seek to treat education as a means to economic end but as an end in itself. In addition, an all-encompassing model of education that will encourage quality education and training of the indigenous child to erase any form of disadvantage or inferiority already experienced by the indigenous child is proposed. Thus, the benefit of this research is not just to the Batwa but also other indigenous peoples’ in the world generally and Africa in particular
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
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 Assoc. Prof. Dr. Ben Twinomugisha of the Faculty of Law, Makerere University Kampala
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

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Blaisdell, Caralyn Beth. "Young children's participation as a living right : an ethnographic study of an early learning and childcare setting". Thesis, University of Edinburgh, 2016. http://hdl.handle.net/1842/22922.

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My doctoral research has explored how young children’s participation was put into practice—how it was ‘lived’ and negotiated—in the context of one early learning and childcare setting. The concept of children’s participation is rooted in large part in the UN Convention on the Rights of the Child (1989), which enshrines children’s right to express their views and have those views taken into account. However, young children’s participation rights are often overlooked. The more prominent discourse about young children has been one that focuses on early childhood as a preparatory period of life, in which adults must intervene and shape children’s development. My research has therefore focused on child-adult relationships within the early childhood setting, looking at how young children and early childhood practitioners ‘lived’ children’s participation and negotiated the tensions and challenges that arose for them. To carry out the research, I used an ethnographic methodology to study one fieldwork site in depth. ‘Castle Nursery’ was an early learning and childcare setting in Scotland, where practitioners professed to work in participatory ways with young children. The long-term nature of ethnography allowed me to observe how children’s participation was lived and negotiated at Castle Nursery over an eight-month period of fieldwork. The research found that practitioners challenged adult-led, ‘schoolified’ practices by foregrounding young children’s knowledge and contributions to the setting. Children’s participation was embedded into play-based pedagogy at Castle Nursery, with practitioners organising time and space to allow young children a great deal of influence over their daily experiences. Rather than planning adult-led learning activities, practitioners instead cultivated a rich learning environment for children to explore, through free-flow play. The thesis has also highlighted a variety of tensions and challenges that arose. Even at Castle Nursery, where practitioners were proud of the ways their work challenged conventional norms about young children, there were limits to how far practitioners would take a participatory approach. The thesis has particularly highlighted the importance of reflective practices about the ethical dimensions of early childhood practice. Uncertainty seemed to be an inevitable and enduring feature of living young children’s participation.

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Rutter, Chantal Antonia. "Children on e : a qualitative and quantitative study of children's rights on the e-TV News agenda". Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50295.

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Thesis (MPhil)--Stellenbosch University, 2005.
ENGLISH ABSTRACT: Television is a powerful tool in the diffusion of information to the masses. It is therefore influential in the way society perceives and responds to children, and in so doing it has an influence on the provision and protection of children's rights. According to international and locally conducted studies children are not high on the media agenda, are seldom given a voice or status, and if they are, issues around them are mostly formulated by adults. This assignment sets out to determine whether the same conclusion can be drawn from South African free-to-air television station e-TV. In particular it seeks to establish whether e- News has been successful in placing children's rights in on the public agenda or whether it has reported on children in an ad hoc manner. Children's human rights issues have been defined in accordance with the United Nation's Children's Rights Charter and the South African Bill of Rights, which makes specific provision for the child/children. This assignment takes its lead from a Media Monitoring Project study. Like the MMP report this research is conducted within a human rights framework and concedes according to Section 28 (2) of the Constitution that "the child's best interests are of paramount importance in every matter concerning the child". The methodology employed in this assignment, while replicating a Media Monitoring Project study, also employs discourse analysis in the form of interviews and questionnaires conducted with e-News members of staff. The methodology was applied to a sample of 71 stories which included reference to a child or children and which were broadcast on e-News Live at 7 and e-News live at 10 between January and August 2004. In brief it was found that the rights to privacy, dignity and freedom of speech were satisfactorily upheld (as per the Bill of Rights), but that issues about children are mostly sourced by and commented on by adults. Furthermore it was found that children's rights do not form an implicit part of the e-News agenda. Given that a human rights framework is normative for e-News, it is recommended that children's rights be placed in context, that stories challenge stereotypes about children and that e- News should consider appointing 'children's correspondents'.
AFRIKAANSE OPSOMMING: Televisie is n' kragtige medium vir die verspreiding van inligting na die samelewing. Om hierdie rede speel televisie n' invloedryke rol op die manier waarop mense met kinders omgaan en dus het dit ook n' groot invloed op die voorsiening en berskerming van kinderregte. Volgens internastionale en plaaslike studies is kinders nie hoog op die media se agenda nie. Hulle word selde status verleen en indien wel, word kwessies wat hulle raak, dikwels deur volwassenes geformuleer. Hierdie opdrag wil bepaal of hierdie gevolgtrekking ook spesifiek betrekking het op die televisiestasie, e-TV. Daar word spesifiek gefokus op e-News se agenda met betrekking tot kinderregte en of dit suksesvol genhandhaaf word of nie. Kindreregte-kwessies is gedefineer soos in die Verenigde Nasies se Handves van Kinderrregte en die Suid-Afrikaanse Hanves van Menseregte wat specifiek focus op voorsiening vir kinders. Hierdie opdrag is volg die voorbeeld van n' verslag van die Media Monitoring Project (MMP). Soos die MMP-verslag word hierdie narvorsing binne n' menseregte-raamwerk gedoen en neem ook artikel 28 (2) van die Suid-Afrikaanse Grondwet in ag, wat stipuleer dat die kind se belange van kardinale belang is asook elke aspek wat die kind betrek. Die metodologie wat in hierdie opdrag gebruik word, repliseer tegelykertyd die MMPstudie en maak gebruik van diskoersanalise in die vorm van onderhoude en vraelyste onder e- News personeellede. Hierdie metodologie maak gebruik van n' steekproefvan 71 nuusstories wat verwys na n' kind/kinders wat tussen Januarie en Augustus 2004 op e-News Live om 19hOO uitgesaai is. Ter opsomming is bevind dat privaatheidsregte, waardigheid en vryheid van spraak van kinders bevredigend benader is. Kwessies wat kinders aanraak word egter meer deur volwassenes aangespreek as deur kinders self. Daar is egter ook bevind dat kinderregte nie n' intergrale deel van e-News agenda vorm me. Gegewe dat n' menseregteraamwerk bye-News toegepas word, word dit aanbeveel dat kinderregte binne konteks geplaas word en dat berigte sal streef daarna om stereotypes oor kinders te verander en dat e-News oorweeg om kinderkorrespndente aan te stel.

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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.

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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

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Klepper, Howard. "Liberalism and the rights of children". Diss., The University of Arizona, 1994. http://hdl.handle.net/10150/186639.

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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.

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Basnet, Lila Dhoaj. "Gender discrimination and children's right to education in Nepal : Perspectives of parents and children". Thesis, Norges teknisk-naturvitenskapelige universitet, Norsk senter for barneforskning, 2013. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-23748.

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Gender discrimination is considered as problematic issues for promoting equality and attainment of universal rights of children especially, in south Asia. In Nepal, where a patriarchal system of social relations predominates, parental preference inclines to the male child and is reflected in the socio-cultural practices, status and economic potentiality associated. Yet, such preference tends to negatively influence the girls' educational right, welfare, health and survival opportunities. This study focuses on how boys and girls receive different allocation of resources within the family based on existing socio-cultural practices in Sarlahi district. It explores the impact of prevailing cultural values and gender discourses in schooling of children together with intra-household resource allocation from children’s and adult’s perspectives. Furthermore, the study examines the implications of the socio-cultural perspective of child work combined with schooling in the rural parts of Nepal. The study is drawn on the theoretical perspectives of the new social studies of children and childhood viewing children as independent, competent social actors having their own rights and perspectives. Qualitative fieldwork was carried out among the children of diverse socioeconomic backgrounds involving multiple methods of data collection: observation, interview, essay writing and focus group discussion. Research participants primarily included 20 children (10 boys and 10 girls) of 12-16 years age. In addition, 5 parents and 5 teachers between 37-52 years old were also included as adult participants. The empirical materials were analyzed qualitatively. The study found out that young girls were more disadvantaged in comparison to their male counterparts. These disadvantages encompass all aspects of their life including intra-household resource distribution in terms of health and nutrition, pocket money, play and entertainment. However, the study also reveals that girl’s rather inferior position in resource allocation is shaped by such factors as age, and birth order within siblings. With reference to schooling, young girls were mainly discriminated against quality of education. It means all the children (both boys and girls) attended school but the discrimination was magnified in terms school they enrolled and the quality of education they received. Boys attend boarding schools that of superior quality than the government schools, where most girls were enrolled. Parental education and attitudes had negative impact on girls schooling. Gender discrimination against girls in schooling was mainly affected by the sociocultural factors such as pro-male bias, household work burden, unequal access and expected returns in the labor market, educational costs, accessibility and proximity to the school and religious factors. Yet, children continue to make significant contribution in the family livelihoods with routine and non-routine forms of household tasks beside their schooling activities.

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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.

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Magister Legum - LLM
South 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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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.

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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.

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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.

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Chiu, Wan-Yu. "Children's rights in residential care homes in Taiwan". Thesis, Durham University, 2014. http://etheses.dur.ac.uk/10682/.

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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.

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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.

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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

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Govender, Mahalingum. "Balancing the educator's rights to fair labour practices and to strike with the right to education". Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1565.

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This treatise investigates the potential for law (including courts and tribunals) to intervene and act as a lever for the protection and advancement of the rights of the child including the right to basic education. The dissertation critically explores the debate on the educator‟s right to strike and fair labour practices and the child‟s right to education, by assessing the rights and liberties, which accrue to educators and the child (learners) in terms of existing law. The South African Constitution has made specific provision for the protection of the rights of children and the rights of educators and these rights are fundamental to the development of a society in transition. The vexed question that arises is whether these rights can co-exist in a society that has inherited a legacy of discrimination and inequality. The consequences of this legacy have resulted in the rights of educators competing with those of learners. The normalisation of the balance of these opposite rights is the challenge that lies ahead and this process will require intervention of all stakeholders rather than purely legislative intervention. This dissertation recommends a consensus-based approach, which is the most appropriate solution to balance the rights of educators with this of the child‟s right to education, as opposed to a declaration of the education sector as an essential service. It further proposes the establishment of a more structured and organised forum / institution and its sole purpose would be to deal with the individual or collective rights of educators that compete with the rights of learners.

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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.

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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.

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Esom, Kenechukwu Chimobi. "Twice traumatised: assessing the unaccompanied refugee child's right to family unity and reunification". Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1212.

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"Chapter II will examine the right to family unity and reunification as provided by the various international and regional instruments. The rigt to family unity and reunification in regard to the concept of state sovereignty, definition of terms and concepts, the scope of application and generally the extent of humanitarian and human rights obligation of states under international law. The concept of family as it applies under these instruments and their regions of application will also be examined. Chapter III will examine state practice in this area generally, legislation relating to and affecting the implementation of the rights to family unity and reunification, case law jurisprudence (where applicable), administrative and procedural challenges and how these impact on the implementation of these rights. The jurisprudence of the European Commission and Court as well as the framework of the European Union, the United States and Canada (which are major asylum countries in North America) and the regime under the African human rights system will be discussed. Chapter IV will examine the framework of specialised agencies, particularly the International Committee of the Red Cross (ICRC) and the United Nationas Office of the High Commission for Refugees (UNHCR), in the implementation of these rights. The responsibility for realising family reunification for the unaccompanied refugee child rests on both the states and specialised agencies. This chapter will examine the various documents on the protection of the unaccompanied refugee child's rights to family unity and reunification by the UNHCR, ICRC and other specialized agencies and NGOs especially in the area of family tracing, unity and reunificaiton rights of the refugee child during the conflict. This chapter will also examine other alternatives to family reunification such as fostering, adoption and institutional care. The aims is to determine how successful these agencies have been in the realisation of their mandate as it related to the family rights of the unaccompanied refugee child. Chapter V will make recommendations on more effective ways for implementing the rights." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Dr. Henry Ojambo at the Faculty of Law, Makerere University, Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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Mutsvara, Sheena. "Inhuman sentencing of children: A foucus on Zimbabwe and Botswana". University of Western Cape, 2020. http://hdl.handle.net/11394/7557.

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Doctor Legum - LLD
The prevalence of corporal punishment and life imprisonment sentences for children in Africa is tied to their legal history. Colonialism had an extensive impact on the criminal law of most African States, including the handling of children in conflict with the law. African States adopted models of juvenile justice which were a result of social, economic and political circumstances occurring in Europe at that time. However, these circumstances were not necessarily similar to the circumstances prevalent in African States at the same time, neither was the image of the colonial country’s child similar to that of the African child. The coming into force of the Convention on the Rights of the Child, which has been ratified by all nations, except the United States, created a uniform platform for all State Parties to create separate justice systems for dealing with children in conflict with the law and abolish inhuman sentences such as life imprisonment and corporal punishment. In light of the obligation to abolish inhuman sentences and create separate systems for dealing with children in conflict with the law, this thesis discusses Zimbabwe and Botswana’s compliance with these obligations. The thesis proposes a sentencing guideline for children in conflict with the law in Zimbabwe and Botswana. The study also proposes an alignment of the national laws of these two countries on sentencing children to reflect their international obligations.

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Meckling, Sarah. "Die gemeinsame Trennungssorge : eine rechtshistorische und gesetzessystematische Betrachtung eines neuen Rechtsinstituts /". Berlin, Germany : Duncker & Humblot, 2009. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=017639633&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Billie, Sikelelwa khuthala. "Teachers' perceptions on the non- implementation of the alternatives to corporal punishment policy : a case study". Thesis, University of Fort Hare, 2015. http://hdl.handle.net/${Handle}.

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This study aims to identify the perceptions that teachers have regarding the nonimplementation of the Alternatives to Corporal Punishment Policy (ATCP). Using a qualitative research approach, data was collected from teachers in a high school in Mdantsane that is still using corporal punishment. The main tools of data collection used were semi-structured interviews and document analysis. The findings from this study revealed a range of factors that influence teachers not to implement the alternatives to corporal punishment policy. These include: culture, religion, lack of parental involvement, violence in schools and lack of capacitation in teachers on the policy. Moreover the findings of this study revealed that if new policies are imposed on implementers there is bound to be resistance. This study therefore recommends that new policies need to be discussed and agreed upon by both the policy makers and policy implementers. The study also recommends that teachers need capacity building workshops so that they understand the need and the benefits of implementing the ATCP.

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Alias, Amelia. "Children's understanding of online data privacy : a study on Scottish Primary 6 and Primary 7 pupils". Thesis, University of Edinburgh, 2018. http://hdl.handle.net/1842/29627.

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There is growing concern over online privacy in today’s digital worlds, in part due to the nature of social media, which encourages the disclosure of personal information. Such concerns have resulted in a significant amount of research, so far focused on adults’ and teenagers’ perceptions of privacy and privacy management. This study aims to explore how children perceive online privacy. It addresses three research questions: RQ 1: What are children’s views of online privacy? RQ 2: What are parents’ views of online privacy? Do their views on privacy influence how they deal with their children’s privacy? RQ 3: What are the benefits and disadvantages of different Internet parental mediation strategies for children’s online privacy? Twenty-six semi-structured one-to-one interviews and ten focus group sessions were conducted with fifty-seven pupils aged 9 to 11 years old (Primary 6 and Primary 7), from one school in Scotland. Additionally, 8 parents were interviewed to understand how their perceptions of privacy influenced their Internet parenting strategies. This study has three overarching findings. The first overarching finding is related to children’s and parents’ views about the Internet as an unsafe place, occasionally leading parents to deploy restrictive and monitoring Internet parental mediation strategies. Second, children view privacy as more difficult to achieve online than offline for two main reasons: (1) the Internet is a ‘bigger space’ populated by a massive number of ‘people’, most of whom they do not know nor have they ever seen (‘strangers’), and (2) there are certain difficulties in managing the privacy settings of social networking sites. The third finding is that trust, autonomy and privacy are interrelated. Trust reduce privacy concerns, encouraged for two-way information sharing between children and parents, with an expectation that parents will be able to help identify potential and also unexpected online issues, and necessary advice and safety precautions can be taught to children. As a result, children will potentially be able to manage their online activities in an increasingly autonomous way. Trust is important not only in interpersonal relationships, but also for building confidence for contexts in which we do not have any prior knowledge, such as with strangers or with the providers of online platforms.

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Van, der Burg Anthea. "An examination of the extent to which South Africa is meeting its legal obligations with regard to the protection of undocumented foreign migrant children". Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This thesis examined the extent to which South Africa has domesticated the international provisions protecting foreign migrant children. The thesis further investigated procedural gaps and makes recommendations in respect of law and procedure to ensure the adequate protection of the rights of undocumented foreign migrant children in South Africa.

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Okoli, Rosemary Chinyere Babylaw. "Children's work : experiences of street vending children and young people in Enugu, Nigeria". Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/4043.

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Concern for children’s safety and protection has become a global issue and has evoked considerable debate since the publication of the United Nations’ widely ratified Convention on the Rights of the Child (UNCRC) in 1989. A dominant theme within this charter and within the African Charter on the Rights and Welfare of the Child (1990) is the recognition that children are individuals with rights that need to be respected and protected. More specifically, Article 32 of the UNCRC states that children should be protected from ‘economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development’. Nigeria has signed and ratified both the UNCRC and the African Charter and has committed itself to ensuring the welfare and protection of its children. This thesis examines children’s work experiences and their interpretations of these against the backdrop of the provisions of the UNCRC and the African charter. The study sets out to explore the meanings of work for itinerant street vending children and young people in Enugu, Nigeria and is based on a combined ethnographic methodology of participant observation and semi-structured interviews with 24 child vendors in marketplaces over a period of six months. It will be argued that contemporary ideas about children’s work are framed by Euro-centric, adult perceptions and definitions of what they think working children are doing, and that the imposition of Western constructions of childhood does not reflect the lived realities of children. Discussions with children revealed, among other things, a contradiction and ambivalence in their understandings of work in relation to vending and an interplay of complex environmental, cultural and poverty factors. In children’s views, taking responsibilities in activities that add positive values to their personal development and to the continued survival of their families was part of their childhood. Whilst street based observations of the markets revealed some fundamental dangers and problems with street vending, especially the reality of physical, social and emotional abuse, these young children have developed robust coping mechanisms and social networks which reflect a blend of definitional adjustments, rationalisation and social bonding and which reveal inadequacies in the enforcement of child protection policies. The tension between these risks and the importance of vending in the lives of the children is discussed. The role and type of work are further examined against dominant cultural values and socio economic realities in Nigeria in an attempt to fully explain the phenomenon of children’s work in this milieu. This study concludes that children’s participation in vending, while at times both ‘hazardous’ and ‘harmful’, is a fact of life and a way of life for children growing up in Nigeria, an integral part of their childhood activity, and a realistic preparation for their future lives and careers. It is argued that this raises important challenges not only to the children’s rights agenda, but also to social welfare agencies which seek to provide support to children and young people in developing countries such as Nigeria.

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Isokpan, Aisosa Jennifer. "The Boko Haram insurgency and the child's right to education in Nigeria". Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5351.

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Magister Legum - LLM
Armed conflict impacts negatively on the child's right to education as the targeted attacks on schools, school children, teachers and school facilities can cause a drop in school enrolment and attendance as well as longer term effects on the standard of education provided. This study assesses the impact of armed conflict on the child's right to basic education in the context of the Boko Haram insurgency in Nigeria. Also, considering that the child's right to education protected in international and regional human rights instruments is not suspended during armed conflict, the study also assesses how well the Nigerian government in line with its international and regional human rights obligations has responded to the educational needs of children affected by the Boko Haram insurgency.

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Sandin, Cimona. "The Protection of children : the right to family right and how they can conflict". Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-27214.

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Abstract This paper examines the right to family life and how it can conflict with the child’s right to protection against harm. The paper examines how the international community views the family and what rights the family has in international law. In addition to this, the paper also looks at the different family structure a family can have and it also examine whether there are a universal definition of family. Furthermore, the paper also talks about the children and the rights afforded to them and how the rights has developed through time. The concept of childhood is a much-debated issue. There have been debates on when the childhood begins but also on when it ends and the views of the States differs somewhat. Childhood is a concept that is heavy with different psychological, physical, religious and cultural believes and practices. When the States was working on the Convention on the Rights of the Child they had to try to consolidate the different views on both the beginning and the end of childhood but it proved to be problematic. To say that the childhood began at conception would have made the convention incompatible with the national law that allows abortion and it could therefore risk that some States did not sign the convention. They therefore made a compromise that meant that the States could keep their own definition on the beginning of childhood. The family as well as the well-being of the child is important and this is reflects in international law. This paper therefore also examines the articles in international and regional treaties concerning the family and the protection of the child. It also examines several cases from the European Court of Human Rights to illustrate how the Court has reasoned in cases where rights of the parents has been in conflict with the children’s rights and best interest. The conclusion drawn from this paper is that no set of rights weigh more than the other. They are both very important and if it is possible, the authorities shall try to balance them with each other. They have to have both what would be best for the child and the parents right to family life in mind. Even if the authorities have to remove a child from the parents care they need to have a reunification of the family as a ultimate goal to work towards.

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Teses / dissertações sobre o tema "Childrenʹs rights"

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