Tempus 2014

Main discussion points Dominant conceptualisations of childhood – Psychological - developmental – Sociological 1 –socialisation – Sociological 2 – as cultural construct within changing (time and place) power relations UNCRC Culture and rights

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Children’s rights as human rights – ‘a child’s main remedy is to grow up’ (O’Neill 1988)

A bit of history… leading to the UNCRC Eglantyne Jebb - Save the Children Janusz Korczak – children’s home and holocaust Post WW2 concerns leading to – Universal Declaration of Human Rights – UDHR (1948) – international organisations such as UNICEF (1953) Convention to Eliminate all Forms of Discrimination Against Women – CEDAW (1979) Long lead up to UNCRC – Declarations 1924 and 1959 – welfare and protection – Work began 1979 and completed 1989

How do international conventions find a consensus? Motivation created by historical events Globalisation affecting and changing norms They are agreed through political pressure and compromise They enter law through political will They are only put into practice through local consensus

How does the UNCRC work? Preamble… 54 Articles agreed Ratified more quickly than any other – Ratification requires states to incorporate the UNCRC into national laws Reservations and opt outs – V-11&chapter=4&lang=en V-11&chapter=4&lang=en

How does the UNCRC work? Reporting processes – committee in Geneva – Countries required to report every 5 years – International committee of experts monitor this The committee publishes their Concluding Observations – 11&chapter=4&lang=en 11&chapter=4&lang=en UNICEF State of the World’s Children report each year – 2009 focus on poverty and rights – 2013 children with disabilities – 2012 children in an urban world

Provision Protection Participation - 3Ps Provision – Articles Protection – Articles Participation – Articles Discussion of cases

Main areas of struggle Age and competence (moral, legal and social) Child and adult rights – Best interests – ‘a mediating principle which can assist in resolving conflicts between different rights’ Alston 1994 State and religion Institution and child Protection and participation

Important variations African Charter ACRWC 1990 – African countries under represented on the committee – ‘in the African cultural context childhood is not perceived and conceptualized in terms of age but in terms of intergenerational obligations of support and reciprocity’ Ncube, 1998 (Freeman p384) – Article 20 – domestic discipline – Article 31 – respect and responsibilities

Important variations Rights of the child in Islamic contexts – Rights and duties of both parents and child (focus on parents) – Rights stem from God Reservations to UNCRC by many Islamic countries – Relevant declarations since the 1980s reflect these tensions between religious and secular powers – Main focus of rights relates to women – Rabat Declaration of Child’s issues 2005 appears to be seeking ‘practical solutions towards contemporary dilemmas in the life of Muslim children’ (Rajabi- Ardeshiri, 2009)

The big questions revolve around ‘childhood’ and ‘culture’ ‘in the best interests of the child’ who decides? Ref: Twum Danso – discussions of universality and relativity

The meeting of disciplines Legal redress through rights LAW Rights as awareness raising SOCIAL SCIENCES BOTH – aim to change actual attitudes and behaviours and make it possible to put children’s rights into practice

Debate A legal child rights framework for working with children in Serbia is essential. Develop 5 arguments in support of the statement and 5 arguments against

Useful references See additional leaflet.