12 resultados para Constitutional Rights of Children


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This article provides an overview of the relevance and import of the U.N. Convention on the Rights of the Child (CRC) to child health practice and pediatric bioethics. We discuss the four general principles of the CRC that apply to the implementation of all rights contained in the document, the right to health articulated in Article 24, and the important position ascribed to parents in fulfilling the rights of their children. We then examine how the CRC is implemented and monitored in law and practice. The CRC and associated principles of child rights provide strategies for rights-based approaches to clinical practice and health systems, as well as to policy design, professional training, and health services research. In light of the relevance of the CRC and principles of child rights to children’s health and child health practice, it follows that there is an intersection between child rights and pediatric bioethics. Pediatric bioethicists and child rights advocates should work together to define this intersection in all domains of pediatric practice.

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At the outset of the United Nations Convention on the Rights of the Child, the Committee on the Rights of the Child identified four of its provisions (non-discrimination; best interests of the child as a primary consideration; life, survival and development; and participation) as ‘general principles’. This approach has shaped implementation of, advocacy for and the scholarship on the Convention. The use of general principles has the potential to make a significant contribution in other areas of human rights law provided that the principles are selected carefully and address the distinct issues at the root of potential rights violations for particular rights-holders.

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The role of Constitutional Courts in deeply divided societies is complicated by the danger that the salient societal cleavages may influence judicial decision-making and, consequently, undermine judicial independence and impartiality. With reference to the decisions of the Constitutional Court of Bosnia-Herzegovina, this article investigates the influence of ethno-nationalism on judicial behaviour and the extent to which variation in judicial tenure amplifies or dampens that influence. Based on a statistical analysis of an original dataset of the Court’s decisions, we find that the judges do in fact divide predictably along ethno-national lines, at least in certain types of cases, and that these divisions cannot be reduced to a residual loyalty to their appointing political parties. Contrary to some theoretical expectations, however, we find that long-term tenure does little to dampen the influence of ethno-nationalism on judicial behaviour. Moreover, our findings suggest that the longer a judge serves on the Court the more ethno-national affiliation seems to influence her decision-making. We conclude by considering how alternative arrangements for the selection and tenure of judges might help to ameliorate this problem.

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This session will provide you with opportunity to find out what is being achieved and explore the implications for your own practice.

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While the right of parents to educate their children in their religious or philosophical conviction is recognised in Human Rights instruments (e.g. CoE 1952, protocol 1), educators must also attend to the right of a child to autonomy (UN 1989, Article 12.1) and the right of liberal democratic states to reproduce values of equity and freedom. This paper argues that certain forms of inter-religious dialogue and/or inter-religious collaborative learning can assist educators in balancing these rights where religion has significant influence and power over the management of schools and/or the curriculum. It is argued that in addition to the learning benefits which may result, the use of collaboration and dialogue goes some way in addressing three philosophical criticisms of religious education: first that religiously separate and religiously based education pays insufficient attention to the rights of children and, secondly, is likely to contribute to social fragmentation; and third, pupils will lack the skills to overcome prejudice or intolerance where they have no experience of others as a result of separate schooling or from a religiously narrow curriculum, and the latter may in fact support intolerant views. A rationale is developed that asserts the value of collaboration or dialogue as a pedagogical strategy that can, to some degree, mitigate potential negative outcomes from religious education. This argument is further supported with reference to a range of empirical studies.