1. Protecting Future Rights for Future Citizens
Sandra F. Joireman
Department of Political Science
University of Richmond

2. Identify three interventions that will begin to address the problem
Goals
Identify the scope of a problem regarding children’s property rights after conflict
Identify three interventions that will begin to address the problem

3. Motivation
Average length of displacement due to violence is now 17 years.
15 years for economies to recover after conflict.
Children grow up in places of refuge and need economic assets when/if they return home.

5. Presentation Outline The problem of children’s property rights
Four threats to children’s property rights after conflict and displacement
Three potential interventions
Conclusion

6. The Unique Nature of Children

7. Tension in the treatment of children in the law
Nurture/Protection
(understandings of childhood)
Future Citizens
(future property rights)

8. International Law
Hague Convention on Jurisdiction, etc., for the Protection of Children (1996). Article 1 calls for states to “protect the person or property of the child.”
Children’s property rights not specifically addressed in other conventions

9. Common Civil Customary Domestic Law Uncodified
Semi-citizenship
No specific inheritance requirements
Common
Heads of household have rights to children’s property
Required distribution of estate to children
Civil
Uncodified
SSA, Afghanistan, Western Balkans
Customary
Property rights of children are invested in or insured by the parent or guardian

10. Conflict and Vulnerability
Children’s property rights are most under threat when they are orphaned or separated from parents.

11. Four Threats Loss of Guardianship
Time – short term needs vs. long-term economic opportunities
Memory – children, parents, authority figures
Documentation – loss

12. Three recommendations
Legal Recognition of Children’s Property Rights
Data Acquisition in first place of refuge
Portability of Data – Travel with the Child

13. Legal Recognition and Customary Law
The community will find another guardian to protect the child’s interests.
Children’s property interests will be safeguarded
Guardians unwilling to take children in.
Guardians take children’s property or do not protect their future rights

14. Changes to the allocation of family estates
South African Model
South Africa recognized that children under customary systems had fewer protections of their property rights
Children’s Act 2005
Changes to the allocation of family estates

15. Data Acquisition in First Place of Refuge
Information on family assets should be acquired when individuals and families are first displaced or as soon thereafter as possible
No such process now
Medical information, family relationships
Knowledge is fresh

16. Data Portability Travel with the Child Across place Over time
Allows the ability to reclaim if return occurs
Evidence for mass claims
Technologically possible
Cloud
Blockchain

17. Conclusion Outlined the scope of a problem
Exacerbated in conflict settings, complex emergencies or other conditions where you have a loss of guardianship through death of parents or separation
Threefold intervention
Legal protection – customary law
Data Acquisition on Assets
Data Portability

18. Photo credits
1)Kosovo Tank and kids photo waiting-for-observers-to-leave-as-Kosovo-is-declared-independent-Scrape-TV-The-World- on-your-side html#.U0H-bfldXi0 2)Kids pic 3) Child and barbed wire children_wallpapers_17558_1440x900_1.html