Children’s Rights Are Human Rights and Why Canadian Implementation Lags Behind

Paré, Mona

doi:10.2139/ssrn.3585450

Cited by 3 publications

(7 citation statements)

References 15 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…It can be added that the U.S., though a signatory to the Convention on the Rights of the Child since 1995, has not yet ratified the treaty. It should be recognized, however, that there is no necessary correlation between ratification of the CRC and substantive progress through the courts in vindicating children's constitutional rights (Pare, 2017). Furthermore, it should be recalled that certain precedentsetting U.S. Supreme Court decisions have affirmed important selected child human rights as constitutionally protected, such as the right of student free speech in public schools, if the expression of the right to protest does not materially disrupt the functions of the school (Tinker v. Des Moines Independent Community School District, 1969).…”

mentioning

confidence: 99%

Rights education and children’s collective self-advocacy through public interest litigation

Grover

2018

HRER

View full text Add to dashboard Cite

Abstract:If human rights education of schoolchildren addresses advocacy at all, it is mostly or exclusively in terms of civic participation, which perhaps includes civil protest. This approach implicitly discourages young people from considering engaging with the courts as an additional or alternative vehicle in seeking a remedy for violations of their fundamental human rights. Human rights education is incomplete when it fails to address the child's right to legal standing in the effort to seek justice; for instance, as part of a child collective that is significantly adversely and directly impacted by particular government actions. Exemplars of children acquiring legal standing and pursuing their rights through the courts can serve as a useful educational tool in raising awareness of the potential for child public interest advocacy through the courts. One such exemplar, the youth-led class action environmental protection case Abstract: If human rights education of schoolchildren addresses advocacy at all, it is mostly or exclusively in terms of civic participation, which perhaps includes civil protest. This approach implicitly discourages young people from considering engaging with the courts as an additional or alternative vehicle in seeking a remedy for violations of their fundamental human rights. Human rights education is incomplete when it fails to address the child's right to legal standing in an effort to seek justice; for instance, as part of a child collective that is significantly adversely and directly impacted by particular government actions. Exemplars of children acquiring legal standing and pursuing their rights through the courts can serve as a useful educational tool in raising awareness of the potential for child public interest advocacy through the courts. One such exemplar, the youth-led class action environmental protection case Juliana et al. v the United States et al., is discussed.

show abstract

mentioning

confidence: 99%

Rights education and children’s collective self-advocacy through public interest litigation

Grover

2018

HRER

View full text Add to dashboard Cite

show abstract

“…Although the YCJA (2002) preamble references the Charter of Rights of Freedoms and the UNCRC, only the legal concept of the best interests of the child is explicitly referenced throughout the Act. To date, the only UNCRC right that has gained status as a priority as a legal principle in Canada is the best interests of the child principle, meaning it has primacy over other rights when interpreting the law (Paré, 2017). For example, in 2012the Supreme Court of Canada ruled on the issue of consent in health care, and stated that youth require protection sometimes at the expense of their autonomy rights.…”

Section: Limitations and Future Directionsmentioning

confidence: 99%

“…The divorcing of the best interests of the child principle from other youth rights outlined in the UNCRC in the Canadian legal landscape has contributed to a general disconnect between the law and youth rights throughout the youth justice system. This is evidenced by several case law analyses that have consistently shown that youth's protected fundamental rights are applied inconsistently and with difficulty (Ahmed, 2013; Bala, 2004;Paré, 2012Paré, , 2017Pearson, 2015).…”

Section: Limitations and Future Directionsmentioning

confidence: 99%

Understanding the Experiences of Justice-Involved Youth at the Intersection of the Criminal Justice and Mental Health Systems

Leroux¹

View full text Add to dashboard Cite

In this dissertation, I examined the psychosocial effects of progressing through the youth criminal justice system. The studies presented here are tied together by the shared goal of promoting a welfare-based youth criminal justice system that adopts an extended responsibility of care toward justice-involved youth beyond reducing recidivism. Study 1 examined how clinician-derived diagnoses and recommendations are determined in a forensic context when youth provide information about their mental health that is consistent, or inconsistent, with information provided by their caregivers. Clinicians weighed information from youth more heavily when making internalizingspectrum diagnoses such as mood or anxiety disorders, whereas information from caregivers was more heavily weighed when making externalizing-spectrum diagnoses such as conduct disorder, and clinical recommendations. Study 2 examined changes in the mental health, self-esteem, and perceived social support, of justice-involved youth as they transitioned through the adjudication period of the youth criminal justice system process. Mental health and self-esteem were significantly different across time, with greater negative changes associated with longer adjudication times. Youth who committed sexual offences reported significantly greater negative changes in mental health and self-esteem compared to youth who committed non-sexual offences. Using a mixed-methods approach, Study 3 examined if, and how, justice-involved youth experienced stigma associated with criminal justice system involvement (offending-based stigma). Justice-involved youth experienced moderate internalized offending-based stigma, with greater internalized stigma associated with greater mental iii health symptoms, and lower self-esteem. The qualitative findings indicated justiceinvolved youth construct themselves as devalued members of society because of their offending status. Using an intersectional lens, how youth took up their offending status depended on how they also took up their race, masculinity, and class. This dissertation applied a broad inter-disciplinary lens, drawing on several fields of study, including correctional policy, criminogenic risk, developmental criminology, developmental psychopathology, forensic assessment, forensic mental health, human rights, intersectionality, legal discourse, and stigma. The conclusions presented in this dissertation build on the empirical foundation provided by these works to further demonstrate the youth criminal justice system in Canada must move away from a strict focus on reducing recidivism among justice-involved youth.

show abstract

“…The UDHR set the framework for human rights which led to the adoption of the Declaration of the Rights of the Child in 1959 (Ennew, 2000;Marshall, 1999). The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights stemmed from the UDHR and offered human beings the legal protection of human rights (Paré, 2017).…”

Section: A Brief Overview Of the Children's Rights Movementmentioning

confidence: 99%

“…In the Global South, the African Movement of Working Children and Youth and the Latino-American Movement of Working Children and Adolescents (2000) contributed significantly to the development of the CRM (Manfred, Overwien & Recknagel, 2001). The context out of which the CRM arose and the lead up to 1989 when state parties signed and ratified the CRC, contributed to the legal push for children's rights in which ideas about children's rights materialized (Doek, 2009;Ennew, 2000;Fass, 2011;Melton, 2005;Paré, 2017;Reynaert, Bouverne-De Bie., & Vandevelde, 2012). This history is important because it traces the emergence of the CRC and the events and developments that led to understandings about children as rights-bearing individuals.…”

Section: And the 1979mentioning

confidence: 99%

An Analysis of Child and Youth Advocacy in 21st Century Contemporary Contexts

Bendo¹

View full text Add to dashboard Cite

Children’s Rights Are Human Rights and Why Canadian Implementation Lags Behind

Cited by 3 publications

References 15 publications

Rights education and children’s collective self-advocacy through public interest litigation

Rights education and children’s collective self-advocacy through public interest litigation

Understanding the Experiences of Justice-Involved Youth at the Intersection of the Criminal Justice and Mental Health Systems

An Analysis of Child and Youth Advocacy in 21st Century Contemporary Contexts

Contact Info

Product

Resources

About