Universalism, embeddedness and domination: an analysis of the Convention on the Rights of the Child

Brando, Nico

doi:10.1080/17449626.2019.1695221

Cited by 6 publications

(4 citation statements)

References 31 publications

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“…The UNCRC itself has been the subject of critical debate due to its universalist principles. In particular, it has been critiqued for imposing Western values and norms on the rest of the world (Brando, 2019) and discussion in the children's rights field has focused on how it can be contextualised across culturally different settings (Twum-Danso, 2010). It is worth remembering, of course, that also within Western countries there is no agreement on cultural norms and values (Guggenheim, 2005).…”

Section: Recognizing the Intersectional Politics Of Emotions And Part...mentioning

confidence: 99%

The emotional relations of children's participation rights in diverse social and spatial contexts: Advancing the field

Blaisdell

Kustatscher

Zhu

et al. 2021

Emotion, Space and Society

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Section: Recognizing the Intersectional Politics Of Emotions And Part...mentioning

confidence: 99%

The emotional relations of children's participation rights in diverse social and spatial contexts: Advancing the field

Blaisdell

Kustatscher

Zhu

et al. 2021

Emotion, Space and Society

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“…The CRC spells out general -or universal (cf. Brando, 2019) -rights of children, but often their implementation is then more specifically tailored to groups of children, e.g., indigenous children or children with disabilities, through other conventions, which are covered under sphere b).…”

Section: Sphere A): the Universal Childmentioning

confidence: 99%

“…Today, much of the world operates under the premise that we have an individual and collective obligation to safeguard children. This moral obligation is widely enshrined in international (and national) law, with the result of having almost universal applicability through the United Nations Conventions on the Rights of the Child (CRC, 1989), which has been described as 'the lighthouse which guides discussions on how to address global justice for children' (Brando, 2019). All countries, except the USA, have committed to the protection of children's rights, and the consideration of state actions through a child-centric lens, through ratification of the CRC; furthermore, the CRC is not the only source of children's rights, and even in the USA, children are protected under various laws and the American constitution (Woodhouse, 2020).…”

Section: Introductionmentioning

confidence: 99%

Who Is ‘The Child’? Best Interests and Individuality of Children in Discretionary Decision-Making

Krutzinna

2021

SSRN Journal

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While the substantiation of "best interests" has received much attention, the question of how "the child" is conceptualised to ensure any action taken or decision made is in the particular child's best interests has been largely neglected. In this paper, I argue that the lack of robust understanding of who "the child" is means that we continue to make many generalisations and category-based assumptions in determining the child's best interests. In addressing the challenge of doing right by the individual child, I propose a three-step approach based on a theoretical model of the child that avoids presumptions about childtypical needs and insists on an assessment of the child's individual characteristics, needs, qualities, and circumstances, making it the only conceptualisation fully meeting the child centrism criterion required by children's rights as determined by the United Nations Convention on the Rights of the Child.

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“…The International Journal of Children's Rights 30 (2022) 120-145 121 almost universal applicability through the United Nations Conventions on the Rights of the Child (crc, 1989), which has been described as 'the lighthouse which guides discussions on how to address global justice for children' (Brando, 2019). All countries, except the USA, have committed to the protection of children's rights, and the consideration of state actions through a child-centric lens, through ratification of the crc; furthermore, the crc is not the only source of children's rights, and even in the USA, children are protected under various laws and the American constitution (Woodhouse, 2020).…”

Section: Introductionmentioning

confidence: 99%

Who is “The Child”? Best Interests and Individuality of Children in Discretionary Decision-Making

Krutzinna

2022

Int. J. Child. Rights

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While the substantiation of “best interests” has received much attention, the question of how “the child” is conceptualised to ensure any action taken or decision made is in the particular child’s best interests has been largely neglected. In this paper, I argue that the lack of robust understanding of who “the child” is, means that we continue to make many generalisations and category-based assumptions in determining the child’s best interests. In addressing the challenge of doing right by the individual child, I propose a three-step approach based on a theoretical model of the child that avoids presumptions about child-typical needs and insists on an assessment of the child’s individual characteristics, needs, qualities and circumstances, making it the only conceptualisation fully meeting the child centrism criterion required by children’s rights as determined by the United Nations Convention on the Rights of the Child.

show abstract

Universalism, embeddedness and domination: an analysis of the Convention on the Rights of the Child

Cited by 6 publications

References 31 publications

The emotional relations of children's participation rights in diverse social and spatial contexts: Advancing the field

The emotional relations of children's participation rights in diverse social and spatial contexts: Advancing the field

Who Is ‘The Child’? Best Interests and Individuality of Children in Discretionary Decision-Making

Who is “The Child”? Best Interests and Individuality of Children in Discretionary Decision-Making

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