Continuity between needs and rights

Assumptions

The IMPACT findings suggest that the rights of the child are being addressed strongly through a legalistic and administrative approach.

The Convention on the Rights of the Child is however far more than a legal document. The Convention has a programmatic character that expands the notion of rights to a more holistic understanding of the person. It promotes an understanding of the child not only as a vulnerable person in need of protection, but as a rights holder and citizen who contributes to the society with his or her evolving capacities. It guides an assessment of the rights and needs of the child across all aspects of the child’s person and development. It relates to social and economic aspects, health and education, the development of skills and capacities, and the child’s socio-political participation.

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Objectives

 The intent of this second session is twofold. The first purpose is  to start  an open discussion on the continuity and interconnection between ‘needs’ and ‘rights’, while the second is to introduce the international legal framework as a referral map for the developing and undertaking of interventions of protection with a holistic, systemic and preventive approach. 

The overall framework of legal statements set down by the UN Convention on the Rights of the Child in combination with the other international legal provisions concerned is introduced as the referral structure within which the analysis and the national and trans-national strategies have to be developed.

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Training activities and agenda outline

 Total time required 3-3.5 hours 

A.    Introduction – 20 minutes
Introduction to the session agenda and its objectives and expectations, along with the presentation assumptions using as background material the information included in the Chapter 2d and the Conclusions of the IMPACT Report 2013.

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Further bibliographic references

  • KMOP/Defence for Children Italy (2013), IMPACT Transnational Analysis
  • Archard, D. and Macleod, C. (eds.) (2002), The Moral and Political Status of Children: New Essays, Oxford: Oxford University Press.
  • Archard, D. and Skivenes, M. (2009), ‘Balancing a Child's Best Interests and a Child's Views,’ International Journal of Children's Rights 17: 1–21.
  • Archard, D. (2013), Children's Rights. The International Encyclopedia of Ethics.
  • Brennan, S. and Noggle, R., (1997), ‘The Moral Status of Children: Children's Rights, Parents' Rights, and Family Justice’, Social Theory and Practice, 23: 1–26.
  • Brennan, S., (2002), ‘Children's Choices or Children's Interests: Which do their Rights Protect?’ in The Moral and Political Status of Children: New Essays, D. Archard and C. Macleod (eds.),Oxford: Oxford University Press: 53–69.
  • Bronfenbrenner, U. (1977),  Toward an experimental ecology of human development. American Psychologist, Vol. 32(7), Jul 1977, 513-531.
  • Connolly, M. & Ward, T. (2008), Morals, Rights and Practice in the Human Services: Effective and Fair Decision-Making in Health, Social Care and Criminal Justice, Jessica Kingsley Publishers.
  • KMOP/Defence for Children Italy, (2012), European Report GATE Guardians Against Child Trafficking and Exploitation
  • Milligan, I. and I. Stevens (2006), ‘Balancing Rights and Risk: The Impact of Health and Safety Regulations on the Lives of Children in Residential Care’, Journal of Social Work 6(3): 239–54.
  • UN High Commissioner for Refugees. (2008), UNHCR Guidelines on Determining the Best Interests of the Child. Retrieved April 29, 2012
  • Verhellen, E., (2000), Convention on the Rights of the Child, Garant,  pp. 52-62.
  • Zermatten, J., (2010), The Best Interests of the Child, Literal Analysis, Function and Implementation, Working Report.
  • Munro, VE. (2008), Of rights and rhetoric: Discourses of degradation and exploitation in the context of sex trafficking. Journal of Law and Society, 2008.

 

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