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Implementing Article 12 of the UN Convention on the Rights of the Child: Participation, Power and Attitudes de Rebecca Thorburn Stern

Implementing Article 12 of the UN Convention on the Rights of the Child: Participation, Power and Attitudes: Stockholm Studies in Child Law and Children’s Rights, cartea 2

Autor Rebecca Thorburn Stern
en Limba Engleză Hardback – 9 aug 2017
In Participation, Power and Attitudes: Implementing Article 12 of the Convention on the Rights of the Child, Rebecca Thorburn Stern analyses how CRC state parties describe their implementation of Article 12 on respect for the child’s views. The focus of the study is on if, and how, references to traditional attitudes are used by state parties to explain their actions and inactions when implementing this key right and principle. It is shown that 'traditional attitudes' are employed less as justification of poor implementation than as a way of allocating responsibility to the population rather than to the state party, and that references to tradition remain a mainly non-Western phenomenon, thus also overlooking the impact of traditional attitudes in Western societies.
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Specificații

ISBN-13: 9789004210547
ISBN-10: 9004210547
Dimensiuni: 155 x 235 mm
Greutate: 0.54 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Stockholm Studies in Child Law and Children’s Rights

Cuprins

Foreword
Acknowledgments
List of abbreviations

1 Setting the Scene
1.1 Introduction
1.2 Introducing Core Concepts of the crc
1.3 The Challenge of Implementation as Reality and as the Topic of This Study
1.4 Objectives, Focus Areas and Outline
1.4.1Objectives and General Outline
1.4.2On the Focus on Tradition, Attitudes and ‘culture’
1.4.3On the Focus on Sweden
1.4.4Structure of the Book

2 Concepts and Theories: On ‘the child’, ‘childhood’, and Rights
2.1 Introduction
2.2 ‘The child’ as an Object of Inquiry
2.2.1‘The child’ in the crc
2.2.2Concepts of ‘the child’ and ‘childhood’ – Some Perspectives
2.2.2.1General Reflections
2.2.2.2‘The child’ in Childhood Studies
2.3 Brief Reflections on ‘the child’ and ‘childhood’
2.4 The Child as a Rights Holder
2.4.1Why Rights?
2.4.2Do Children Really Have Rights?
2.4.3On the Foundations for the Rights of Children
2.4.4Remarks on the Justification of Children’s Rights

3 Participation and Article 12
3.1 Introduction
3.2 Participation as a Concept
3.2.1Identifying and Defining Participation
3.2.2Remarks on Participation
3.3 Nature and Scope of Article 12
3.3.1Introductory Remarks
3.3.2Brief Notes on the Background and Drafting Process
3.3.3Analysis of Article 12
3.3.3.1Capability of Forming His or Her Own Views
3.3.3.2The Right to Express Views Freely
3.3.3.3All Matters Affecting the Child
3.3.3.4Giving the Views of the Child Due Weight in Accordance with the Child’s Age and Maturity
3.3.3.5The Right to Be Heard in Any Judicial or Administrative Proceedings Affecting the Child
3.3.3.6The Right to Be Heard Directly or through a Representative in a Manner Consistent with Procedural Rules of National Law
3.3.4Article 12 in Relation to Other crc Provisions
3.3.4.1Article 12 and Other ‘participation rights’
3.3.4.2Article 12 and the Other General Principles of the crc
3.3.4.3Article 12 and Article 5 on Parental Rights
3.4 What is it about and Who is it For? Reflections on the Analysis of Article 12

4 Implementing Article 12: Procedures, Obstacles and Explanations
4.1 Introduction
4.2 General Measures of Implementation
4.2.1On Obligations, Requirements and Resources
4.2.2Legal Measures and Status of the crc in National Law
4.2.3Administrative and Other Measures
4.3 Monitoring and Guidance
4.4 Implementing Article 12 – State Practices as Described by States Themselves and by the crc Committee
4.4.1Background and the Previous Study
4.4.2Declarations by State Parties on Article 12
4.4.3State Parties on Article 12 between May 2006 and May 2016
4.4.4Concluding Observations by the crc Committee on Article 12 between May 2006 and May 2016
4.5 Concluding Comments

5 Country Study: Sweden
5.1 Sweden and Children’s Rights: An Amicable Relationship (?)
5.1.1Introduction
5.1.2Brief Notes on Background
5.1.3Status of the crc in Swedish Law
5.1.4Strategies and Policies
5.1.5Children’s Rights in Swedish Legislation: Some Examples
5.2 Sweden and Article 12 in the crc Monitoring Process
5.2.1State Party Reports
5.2.2Responses and Comments by the crc Committee
5.3 Focus: The Asylum-seeking Child
5.3.1In Theory: Legislation, Guidelines and Policy
5.3.2In Practice: Studies on Implementation
5.3.3Comments
5.4 Focus: Child Participation in Public Decision-making
5.4.1In Theory: Strategies, Legislation, and Policies
5.4.2In Practice: Mixed Reviews
5.4.3Comments
5.5 Final Reflections on Article 12 in the Swedish Context

6 Concluding Reflections
6.1 Key Observations
6.2 On Traditional Attitudes and Power
6.2.1 Universality and Legitimacy
6.2.2 State Parties, the crc Committee, and Traditional Attitudes
6.3 On Moving Forward
6.4 Final Reflections

Bibliography
Index

Notă biografică

Rebecca Thorburn Stern, LL.D. (2006), Uppsala University, is Associate Professor of International Law at that university. She has published widely on children’s rights and migration law, with particular focus on the implementation of international law on the domestic level.