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Human Rights and Children
This volume provides a comprehensive overview of children’s human rights, collecting the works of leading authorities as well as new scholars grappling with emerging ideas of ‘children’ and ‘rights.’ Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, this book explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children’s socio-economic rights, including their rights to education.
With an original introduction by the Professor Stark, this topical volume is an invaluable resource for scholars, students, and activists
With an original introduction by the Professor Stark, this topical volume is an invaluable resource for scholars, students, and activists
More Information
Critical Acclaim
Contributors
Contents
More Information
This volume provides a comprehensive overview of children’s human rights, collecting the works of leading authorities as well as new scholars grappling with emerging ideas of ‘children’ and ‘rights.’ Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, this book explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children’s socio-economic rights, including their rights to education.
With an original introduction by the Professor Stark, this topical volume is an invaluable resource for scholars, students, and activists
With an original introduction by the Professor Stark, this topical volume is an invaluable resource for scholars, students, and activists
Critical Acclaim
‘Human Rights and Children provides a needed overview of important and controversial issues related to children’s rights. The editor, Professor Barbara Stark, has used her international law expertise to put together a very helpful collection of articles on topics that include the Convention on Rights of the Child, child poverty, education, punishment and other pressing issues that confront nations today.’
– Sarah Ramsey, Syracuse University, College of Law, US
‘This compilation comes at a pivotal time of transformation in the legal regimes for children throughout the world. Children’s rights as human rights are entering mainstream discourse. This dialogue, captured well in this book, promotes the health, well-being, security, and future of children, both in theory and in practice. The range of issues covered by the authors is impressive and will inform both academic experts and on-the-ground advocates. Topics such as corporal punishment and juvenile justice reform, to name just two in this book, are often neglected parts of the evolving paradigm for seeking a better future for the world’s children.’
– Dean Hill Rivkin, University of Tennessee, College of Law, US
– Sarah Ramsey, Syracuse University, College of Law, US
‘This compilation comes at a pivotal time of transformation in the legal regimes for children throughout the world. Children’s rights as human rights are entering mainstream discourse. This dialogue, captured well in this book, promotes the health, well-being, security, and future of children, both in theory and in practice. The range of issues covered by the authors is impressive and will inform both academic experts and on-the-ground advocates. Topics such as corporal punishment and juvenile justice reform, to name just two in this book, are often neglected parts of the evolving paradigm for seeking a better future for the world’s children.’
– Dean Hill Rivkin, University of Tennessee, College of Law, US
Contributors
33 articles, dating from 1993 to 2014
Contributors include: P. Alston, C.P. Cohen, M. Guggenheim, P.S. Pinheiro, D.M. Smolin, J. Todres. G. Van Bueren, E. Verhellen, B.B. Woodhouse
Contributors include: P. Alston, C.P. Cohen, M. Guggenheim, P.S. Pinheiro, D.M. Smolin, J. Todres. G. Van Bueren, E. Verhellen, B.B. Woodhouse
Contents
Contents:
Introduction Barbara Stark
PART I THE CONVENTION ON THE RIGHTS OF THE CHILD AND OTHER LEGAL FRAMEWORKS
A. Theory
1. David M. Smolin (2006), ‘Overcoming Religious Objections to the Convention on the Rights of the Child’, Emory International Law Review, 20, Spring, 81–110
2. Martin Guggenheim (2006), ‘Ratify the U.N. Convention on the Rights of the Child, But Don’t Expect any Miracles’, Emory International Law Review, 20, Spring, 43–68
3. Philip Alston, John Tobin and Mac Darrow (2005), ‘Putting Children’s Rights into Perspective’ and ‘Laying the Legal and Institutional Foundations at the Regional and National Levels’ in Laying the Foundations for Children''s Rights: An Independent Study of Some Key Legal and Institutional Aspects of the Impact of the Convention on the Rights of the Child’, Florence, Italy: UNICEF, 1–8, 9–32
4. Kamran Hashemi (2007), ‘Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation’ Human Rights Quarterly, 29 (1), February, 194–227
B. Doctrine
5. Cynthia Price Cohen (2006), ‘The Role of the United States in the Drafting of The Convention on the Rights of the Child’, Emory International Law Review, 20, Spring, 185–98
6. Michael J. Dennis (2000), ‘Newly Adopted Protocols to the Convention on the Rights of the Child’, American Journal of International Law, 94 (4) October, 789–96
C. Implementation
7. Stuart N. Hart and Laura Thetaz-Bergman (1996), ‘The Role of Nongovernmental Organizations in Implementing the Convention on the Rights of the Child’, Transnational Law and Contemporary Problems, 6 (2), Fall, 373–92
8. Marilia Sardenberg (1996), ‘Committee on the Rights of the Child: Basic Processes’, Transnational Law and Contemporary Problems, 6 (2), Fall, 263–86
9. Barbara Bennett Woodhouse (1999), ‘The Constitutionalization of Children’s Rights: Incorporating Emerging Human Rights into Constitutional Doctrine’, Journal of Constitutional Law, 2 (1), December, 1–52
10. Martha F. Davis and Roslyn Powell (2003), ‘The International Convention on the Rights of the Child: A Catalyst for Innovative Child Care Policies’, Human Rights Quarterly, 25 (3), August, 689-719
11. William A. Schabas (1996), ‘Reservations to the Convention on the Rights of the Child’, Human Rights Quarterly, 18 (2), May, 472–91
12. Sonia Harris-Short (2003), ‘International Human Rights Law: Imperialist, Inept and Ineffective? Cultural Relativism and the UN Convention on the Rights of the Child’, Human Rights Quarterly, 25 (1), February, 130–81
PART II CHILDREN’S SOCIO-ECONOMIC RIGHTS
A. Child Poverty and Other Socio-economic Problems in General
13. Wouter Vandenhole (2014), ‘Child Poverty and Children’s Rights: An Uneasy Fit?’, Michigan State International Law Review, 22 (2), 609–36
14. R. Brian Howe and Katherine Covell (2003), ‘Child Poverty in Canada and the Rights of the Child’, Human Rights Quarterly, 25, (4), November, 1067–87
15. Maria Bouverne-De Bie, Geert Cappelaere and Eugeen Verhellen (2006), ‘Recurrent Variations on a “Youthful” Theme: Care and Social Control in the Approach of Young People’, Paedagogica Historica: International Journal of the History of Education, 26 (2), 247–65
B. Children’s Right to Education
16. Eugeen Verhellen (1999), ‘Facilitating Children’s Rights in Education: Expectations and Demands on Teachers and Parents’, Prospects, XXIX (2), June, 223–31
17. Eugeen Verhellen (1993), ‘Children’s Rights and Education: A Three-track Legally Binding Imperative’, School Psychology International, 14, 199–208
18. Barbara Bennett Woodhouse (2002), ‘Speaking Truth to Power: Challenging the Power of Parents to Control the Education of their Own’, Cornell Journal of Law and Public Policy, 11 (3), Summer, 481–501
PART III APPROACHES TO CHILD LABOR
19. Michael J. Dennis (1999) ‘The ILO Convention on the Worst Forms of Child Labor’, American Journal of International Law, 93 (4), October, 943–8
20. Janelle M. Diller and David A. Levy (1997) ‘Child Labor, Trade and Investment: Toward the Harmonization of International Law’, American Journal of International Law, 91 (4), October, 663–96
21. Tendai Charity Nhenga-Chakarisa (2010), ‘Who Does the Law Seek to Protect and From What? The Application of International Law on Child Labour in an African Context’, African Human Rights Law Journal, 10, 161–96
PART IV ARMED CONFLICT AND CHILD SOILDERS
22. Jo Becker (2014), ‘From Opponent to Ally: The United States and Efforts to End the Use of Child Soldiers’, Michigan State International Law Review, 22 (2), 595–608
23. Diane Marie Amann (2013), ‘A Review of Reimagining Child Soldiers in International Law and Policy in Mark A. Drumbl, Oxford University Press’, American Journal of International Law, 107 (3), July, 724–7
24. Nienke Grossman (2007), ‘Rehabilitation or Revenge: Prosecuting Child Soldiers for Human Rights Violations,’ Georgetown Journal of International Law, 38, Winter, 323–61
25. Claire Breen (2003), ‘The Role of NGOs in the Formulation of and Compliance with the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict’, Human Rights Quarterly, 25 (2), May, 453–81
26. Janet McKnight (2010), ‘Child Soldiers in Africa: A Global Approach to Human Rights Protection, Enforcement and Post-Conflict Reintegration’, African Journal of International and Comparative Law, 18 (2), 113–42
PART V THE SEXUAL EXPLOITATION OF CHILDREN
27. Jonathan Todres (2014), ‘A Child Rights Framework for Addressing Trafficking of Children’, Michigan State International Law Review, 22 (2), 557–93
28. Sara A. Dillon (2008), ‘What Human Rights Law Obscures: Global Sex Trafficking and the Demand for Children’, UCLA Women’s Law Journal, 17, 121–86
PART VI PUNISHING CHILDREN
A. Corporal Punishment
29. Alison Dundes Renteln (2010), ‘Corporal Punishment and the Cultural Defense’, Law and Contemporary Problems, 73, Spring, 253–79
30. Murray A. Straus (2010), ‘Prevalence, Societal Causes, and Trends in Corporal Punishment by Parents in World Perspective’, Law and Contemporary Problems, 73, Spring, 1–30
31. Paulo Sérgio Pinheiro (2006), ‘An End to Violence Against Children’ in World Report on Violence Against Children, Chapter 1, Geneva, Switzerland: United Nations Secretary-General''s Study on Violence against Children, 3–27
B. Criminal Justice
32. Mark A. Drumbl (2013), ‘Child Pirates: Rehabilitation, Reintegration, and Accountability’ Case Western Reserve Journal of International Law, 46 (1 and 2), Fall, 235–8
33. Geraldine Van Bueren (1999), ‘A Curious Case of Isolationism: America and International Child Criminal Justice’, Quinnipiac Law Review, 18, 451–68
Introduction Barbara Stark
PART I THE CONVENTION ON THE RIGHTS OF THE CHILD AND OTHER LEGAL FRAMEWORKS
A. Theory
1. David M. Smolin (2006), ‘Overcoming Religious Objections to the Convention on the Rights of the Child’, Emory International Law Review, 20, Spring, 81–110
2. Martin Guggenheim (2006), ‘Ratify the U.N. Convention on the Rights of the Child, But Don’t Expect any Miracles’, Emory International Law Review, 20, Spring, 43–68
3. Philip Alston, John Tobin and Mac Darrow (2005), ‘Putting Children’s Rights into Perspective’ and ‘Laying the Legal and Institutional Foundations at the Regional and National Levels’ in Laying the Foundations for Children''s Rights: An Independent Study of Some Key Legal and Institutional Aspects of the Impact of the Convention on the Rights of the Child’, Florence, Italy: UNICEF, 1–8, 9–32
4. Kamran Hashemi (2007), ‘Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation’ Human Rights Quarterly, 29 (1), February, 194–227
B. Doctrine
5. Cynthia Price Cohen (2006), ‘The Role of the United States in the Drafting of The Convention on the Rights of the Child’, Emory International Law Review, 20, Spring, 185–98
6. Michael J. Dennis (2000), ‘Newly Adopted Protocols to the Convention on the Rights of the Child’, American Journal of International Law, 94 (4) October, 789–96
C. Implementation
7. Stuart N. Hart and Laura Thetaz-Bergman (1996), ‘The Role of Nongovernmental Organizations in Implementing the Convention on the Rights of the Child’, Transnational Law and Contemporary Problems, 6 (2), Fall, 373–92
8. Marilia Sardenberg (1996), ‘Committee on the Rights of the Child: Basic Processes’, Transnational Law and Contemporary Problems, 6 (2), Fall, 263–86
9. Barbara Bennett Woodhouse (1999), ‘The Constitutionalization of Children’s Rights: Incorporating Emerging Human Rights into Constitutional Doctrine’, Journal of Constitutional Law, 2 (1), December, 1–52
10. Martha F. Davis and Roslyn Powell (2003), ‘The International Convention on the Rights of the Child: A Catalyst for Innovative Child Care Policies’, Human Rights Quarterly, 25 (3), August, 689-719
11. William A. Schabas (1996), ‘Reservations to the Convention on the Rights of the Child’, Human Rights Quarterly, 18 (2), May, 472–91
12. Sonia Harris-Short (2003), ‘International Human Rights Law: Imperialist, Inept and Ineffective? Cultural Relativism and the UN Convention on the Rights of the Child’, Human Rights Quarterly, 25 (1), February, 130–81
PART II CHILDREN’S SOCIO-ECONOMIC RIGHTS
A. Child Poverty and Other Socio-economic Problems in General
13. Wouter Vandenhole (2014), ‘Child Poverty and Children’s Rights: An Uneasy Fit?’, Michigan State International Law Review, 22 (2), 609–36
14. R. Brian Howe and Katherine Covell (2003), ‘Child Poverty in Canada and the Rights of the Child’, Human Rights Quarterly, 25, (4), November, 1067–87
15. Maria Bouverne-De Bie, Geert Cappelaere and Eugeen Verhellen (2006), ‘Recurrent Variations on a “Youthful” Theme: Care and Social Control in the Approach of Young People’, Paedagogica Historica: International Journal of the History of Education, 26 (2), 247–65
B. Children’s Right to Education
16. Eugeen Verhellen (1999), ‘Facilitating Children’s Rights in Education: Expectations and Demands on Teachers and Parents’, Prospects, XXIX (2), June, 223–31
17. Eugeen Verhellen (1993), ‘Children’s Rights and Education: A Three-track Legally Binding Imperative’, School Psychology International, 14, 199–208
18. Barbara Bennett Woodhouse (2002), ‘Speaking Truth to Power: Challenging the Power of Parents to Control the Education of their Own’, Cornell Journal of Law and Public Policy, 11 (3), Summer, 481–501
PART III APPROACHES TO CHILD LABOR
19. Michael J. Dennis (1999) ‘The ILO Convention on the Worst Forms of Child Labor’, American Journal of International Law, 93 (4), October, 943–8
20. Janelle M. Diller and David A. Levy (1997) ‘Child Labor, Trade and Investment: Toward the Harmonization of International Law’, American Journal of International Law, 91 (4), October, 663–96
21. Tendai Charity Nhenga-Chakarisa (2010), ‘Who Does the Law Seek to Protect and From What? The Application of International Law on Child Labour in an African Context’, African Human Rights Law Journal, 10, 161–96
PART IV ARMED CONFLICT AND CHILD SOILDERS
22. Jo Becker (2014), ‘From Opponent to Ally: The United States and Efforts to End the Use of Child Soldiers’, Michigan State International Law Review, 22 (2), 595–608
23. Diane Marie Amann (2013), ‘A Review of Reimagining Child Soldiers in International Law and Policy in Mark A. Drumbl, Oxford University Press’, American Journal of International Law, 107 (3), July, 724–7
24. Nienke Grossman (2007), ‘Rehabilitation or Revenge: Prosecuting Child Soldiers for Human Rights Violations,’ Georgetown Journal of International Law, 38, Winter, 323–61
25. Claire Breen (2003), ‘The Role of NGOs in the Formulation of and Compliance with the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict’, Human Rights Quarterly, 25 (2), May, 453–81
26. Janet McKnight (2010), ‘Child Soldiers in Africa: A Global Approach to Human Rights Protection, Enforcement and Post-Conflict Reintegration’, African Journal of International and Comparative Law, 18 (2), 113–42
PART V THE SEXUAL EXPLOITATION OF CHILDREN
27. Jonathan Todres (2014), ‘A Child Rights Framework for Addressing Trafficking of Children’, Michigan State International Law Review, 22 (2), 557–93
28. Sara A. Dillon (2008), ‘What Human Rights Law Obscures: Global Sex Trafficking and the Demand for Children’, UCLA Women’s Law Journal, 17, 121–86
PART VI PUNISHING CHILDREN
A. Corporal Punishment
29. Alison Dundes Renteln (2010), ‘Corporal Punishment and the Cultural Defense’, Law and Contemporary Problems, 73, Spring, 253–79
30. Murray A. Straus (2010), ‘Prevalence, Societal Causes, and Trends in Corporal Punishment by Parents in World Perspective’, Law and Contemporary Problems, 73, Spring, 1–30
31. Paulo Sérgio Pinheiro (2006), ‘An End to Violence Against Children’ in World Report on Violence Against Children, Chapter 1, Geneva, Switzerland: United Nations Secretary-General''s Study on Violence against Children, 3–27
B. Criminal Justice
32. Mark A. Drumbl (2013), ‘Child Pirates: Rehabilitation, Reintegration, and Accountability’ Case Western Reserve Journal of International Law, 46 (1 and 2), Fall, 235–8
33. Geraldine Van Bueren (1999), ‘A Curious Case of Isolationism: America and International Child Criminal Justice’, Quinnipiac Law Review, 18, 451–68
