Childrens Participation and Citizenship in a Global Age. Empowerment, Tokenism or Discriminatory Disciplining?

This article explores children’s participation and citizenship, taking its point of departure in the empirical observation of a paradox: On the hand there is a general participatory climate and a growing commitment to empowerment of children, and on the other hand some children’s experience of discrimination, disciplining and distrust. The analysis is structured into three main parts: 1) Participation, approached from Hart’s Ladder of Participation and Bourdieu’s theorizing of power dynamics; 2) Rights, using Marshall’s tripartite conceptualization, namely civil rights, political rights and social rights, supplemented by a discussion of the right to care and cultural rights; and 3) Identity, theorized using Delanty’s conceptualization of citizenship as a learning process The article concludes that children’s citizenship, and the initiatives that are accounted for as facilitating their well being and participation though social work, too often tend towards tokenism if not discriminatory disciplining and exclusion, rather than empowerment, due to political, organisational and discursively shaped power relations.

Sui Generis Rights for the Protection of Traditional Cultural Expressions Policy Implications

Within the international community there have been many calls for better protection of traditional cultural expressions (TCEs), for which classic instruments of intellectual property rights do not seem to fit. In response, at least five model laws have been advanced within the last 40 years. These are referred to as sui generis because, though they generally belong to the realm of intellectual property they structurally depart from classic copyright law to accommodate the needs of the holders of TCEs. The purpose of this paper is to provide a well-founded basis for national policy makers who wish to implement protection for TCEs within their country. This is achieved by systematically comparing and evaluating economic effects that can be expected to result from these regulatory alternatives and a related system or private ordering. Specifically, we compare if and how protection preferences of local communities are met as well as the social costs that are likely to arise from the different model laws.

Cultural Heritage Online? Settle It in the Country of Origin of the Work

This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.