The Language of Childen's Rights, the Formation of the Welfare State, and the Democratic Experience of Poor Families in Quebec, 1940-55

Marshall, Dominique

doi:10.3138/chr.78.3.409

Cited by 8 publications

(2 citation statements)

References 27 publications

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“…The problem with a rights-based approach is the 'myopic focus' on rights. By focusing on law, factors of the social context such as poverty are often ignored (see, for example, Marshall, 1997). The idea of 'rights-thinking' implies that a bearer of rights is an independent, autonomous and responsible individual who can execute her or his rights independently and who assesses the consequences of her or his actions.…”

Section: Children's Rights Vs Parental Rightsmentioning

confidence: 99%

A Review of Children’s Rights Literature Since the Adoption of the United Nations Convention on the Rights of the Child

2009

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Children’s rights have become a significant field of study during the past decades, largely due to the adoption of the United Nations Convention on the Rights of the Child (UNCRC) in 1989. Today, scholarly work on children’s rights is almost inconceivable without considering the Convention as the bearer of the children’s rights debate. The goal of this article is to critically explore academic work on the UNCRC. By means of a discourse analysis of international literature, the article maps the academic discourse on children’s rights. Three themes are identified that predominate in the academic work on the UNCRC: (1) autonomy and participation rights as the new norm in children’s rights practice and policy, (2) children’s rights vs parental rights and (3) the global children’s rights industry. That these three themes distinguish contemporary scholarly work on the UNCRC might not be a coincidence, analysed from the process of ‘educationalization ’ that has characterized childhood in western societies since the 19th century. The perspective of educationalization presents a contemporary research agenda for children’s rights for the coming decades.

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Section: Children's Rights Vs Parental Rightsmentioning

confidence: 99%

A Review of Children’s Rights Literature Since the Adoption of the United Nations Convention on the Rights of the Child

2009

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“…The main difficulty regarding the rights-based viewpoint is the over-emphasis on rights. Economic difficulties relating to deprivation which have a huge effect on the lives of children are usually overlooked in view of the over-emphasis on the right of the child in international law [72]. The viewpoint that recommends a legal solution as the most effective way of averting the violation of the right of the child has been criticised several academics [13].…”

Section: The Way Forwardmentioning

confidence: 99%

Exploring the Tension between the Rights of the Child and Parental Rights: Voices from Ghana

Adonteng‐Kissi¹

2022

Human Rights in the Contemporary World

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The principle of “best interests of the child” is firmly established in legal jurisprudence and has taken a firm hold on several domestic and global instruments. Generally, the courts rely on this principle in many cases of child custody, child work, child labour, and compulsory education. The norm of best interests of the child seems to be placed at the core of international law in relation to children’s rights by Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC). Nevertheless, there is no one universal “best interests of the child” norm owing to cultural variations. In Ghana, this raises issues of conflicts between expectations in the rights and duties of the parent and the right of the child as expressed in the United Nations Convention on the Rights of the Child (UNCRC) and offers a genuine opportunity for reform. The United Nations Convention on the Rights of the Child (UNCRC) adopted the rights of the child that can be classified into three groups: protection rights, provision rights, and participation rights. It appears the best interests of the child is at the centre of international children’s rights law which is articulated through Article 3(1) of the UNCRC. Presently, the advocacy of a child’s right to welfare grounded on human dignity has generated the present discussion on the rights of the child. Article 18 of the UNCRC provides that parents have a shared and core responsibility for the nurturing of their children and that in undertaking their child upbringing responsibilities, appropriate support shall be offered to parents and legal guardians by State Parties. Usually, the variation between children’s rights and parental rights, nonetheless, is not acknowledged by the UNCRC. Furthermore, the UNCRC views children to be competent individuals who should be an essential component of decision-making on issues affecting them. The parent/child contrast demonstrates that there is the need for cooperation that protects the rights of the child, the parent and defines the role of the state. There is the need to explore the best legal and judicial processes for realising this cooperation.

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Parental perceptions of child labour and human rights: A comparative study of rural and urban Ghana

Adonteng‐Kissi

2018

Child Abuse & Neglect

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The Language of Childen's Rights, the Formation of the Welfare State, and the Democratic Experience of Poor Families in Quebec, 1940-55

Cited by 8 publications

References 27 publications

A Review of Children’s Rights Literature Since the Adoption of the United Nations Convention on the Rights of the Child

A Review of Children’s Rights Literature Since the Adoption of the United Nations Convention on the Rights of the Child

Exploring the Tension between the Rights of the Child and Parental Rights: Voices from Ghana

Parental perceptions of child labour and human rights: A comparative study of rural and urban Ghana

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