Contributions made by ECLAC to follow-up and implementation of the San José Charter on the Rights of Older Persons in Latin America and the Caribbean, 2012-2013

Includes bibliography

Rights of urban children

Urban children in Latin AmericaThis issue of Challenges addresses a topic deserving of special attention: the high proportion of children and adolescents in the region's urban areas who live in precarious conditions. Their disparate living conditions are examined with a look at the moderate deprivation (housing deficiencies, monetary poverty or low level of education) and severe deprivation (a combination of two or more of the aforementioned deficits) affecting urban dwellers. It is estimated that about 29.0% of children and adolescents in these areas live in conditions of severe deprivation and 27.6% experience moderate deprivation for an average of eight countries.In severely deprived rural and urban areas a higher proportion of children are not immunized against measles, and a greater percentage of adolescents are neither studying nor economically active, and are already parents.These disparities call for differentiated policies with a strong local focus and the potential to improve living conditions, lower the risk of infant morbidity and mortality, and reduce rates of adolescent pregnancy and school dropout. Significant initiatives and policies designed to produce healthy and inclusive environments have already been put in place in some of the most vulnerable areaswith a view to improving the quality of life among these groups.In addition to the featured article, the issue includes information on relevant meetings and conferences held in the region over the year, children's and adolescents' testimonies, and expert opinion.

The Rights of Indigenous Children

While children in general are overrepresented among those living in poverty, a long history of discrimination and exclusion has ensured that indigenous children in Latin America and the Caribbean are in an even worse position. In the general population 63% of children aged under 18 years live in poverty, as measured by privation of the basic rights to well-being; however, that figure is as high as 88% among indigenous children in the same age group. This is a violation of these children's rights —including their rights to survival and development— and entails high costs for society in terms of productive capacity and social inclusion. That is the thrust of the argument in the central article of this issue of Challenges, which focuses on poverty among indigenous children. The data show a pattern of inequality that is highly detrimental to indigenous children: they make up a disproportionate number of those living in extreme poverty and are three times more likely to lack access to education, safe drinking water and housing than other children. It is a matter of particular concern that in the countries of the Andean Community 5 of every 10 indigenous children under the age of 5 years suffer from chronic malnutrition.This edition includes brief testimonies by indigenous children as to what their life is like; an interview with Marta Maurás, Vice-Chairperson of the United Nations Committee on the Rights of the Child, on the international mechanisms in place to safeguard the rights of indigenous children; and, lastly, an article on the Uantakua programme in Mexico, which uses information and communication technologies in bilingual schools with large indigenous populations.

Ageing in the Caribbean and the human rights of older persons: Twin imperatives for action

This study addresses the ageing of the Caribbean population and the situation with respect to the human rights of older persons. It considers the implications for public policy of these ‘twin imperatives for action’. The first chapter describes and explains the changing age structure of the Caribbean population. Important features of the ageing dynamic, such as differential regional and national trends and the growing number of ‘older old’ persons, are also analysed. The study then describes the progress that has been made in advancing and clarifying the human rights of older persons in international law. The core of the study then consists of an assessment of the current situation of older persons in the Caribbean and the extent to which their human rights are realised in practice. The thematic areas of economic security, health, and enabling environments – which roughly correspond to the three priority areas of the Madrid International Plan of Action on Ageing – are each addressed in individual chapters. These chapters evaluate national policies and programmes for older persons and make public policy recommendations intended to protect and fulfil the human rights of older persons. The report concludes by summarising the priorities for future action both through the establishment of new international human rights instruments as well as national policies and programmes.

Bioethics and Mental Health: The Rights of Patients With a Disorder

Bioethics can be included in the context of psychiatric patients' recovery of dignity and rights, creating a therapeutic interface of social rehabilitation, respect and closeness between professionals and the treated persons. The completion of the analysis of the facts occurred by reviewing 22 articles dated between 1999-2011, from a prior reading, selecting the ones that mention bioethics and mental health. Before the Psychiatric Reform, often, a lack of commitment to the mentally ill was noticed, isolating the patient from a social life. Before the Psychiatric Reform, often, a lack of commitment to the mentally ill was noticed by isolating the patient from a social life. After the Reform, the person with mental illness began to receive a more attentive care. It can be concluded that the Reform tried to bring life to those who had no respect and attention, these patients who needed to be included in a social and urban interaction.

Separation of Control and Cash-Flow Rights of State Owned Listed Enterprises: Channels of Expropriation after the Discriminated Share Reform in China

Literature on agency problems arising between controlling and minority owners claim that separation of cash flow and control rights allows controllers to expropriate listed firms, and further that separation emerges when dual class shares or pyramiding corporate structures exist. Dual class share and pyramiding coexisted in listed companies of China until discriminated share reform was implemented in 2005. This paper presents a model of controller to expropriate behavior as well as empirical tests of expropriation via particular accounting items and pyramiding generated expropriation. Results show that expropriation is apparent for state controlled listed companies. While reforms have weakened the power to expropriate, separation remains and still generates expropriation. Size of expropriation is estimated to be 7 to 8 per cent of total asset at mean. If the "one share, one vote" principle were to be realized, asset inflation could be reduced by 13 percent.

Brief for Amici Curiae Scholars of the Constitutional Rights of Children in Support of Respondent Edith Windsor Addressing the Merits and Supporting Affirmance

This amicus brief filed by Scholars of the Constitutional Rights of Children turns the spotlight on children in same-sex families. The brief enumerates the ways Section 3 of DOMA impairs children's interests by denying federal recognition of their parents' marriages.

Brief of Amici Curiae Scholars of the Constitutional Rights of Children in Support of Petitioners in Obergefell v. Hodges

Supreme Court precedent establishes that the government may not punish children for matters beyond their control. Same-sex marriage bans and non-recognition laws (“marriage bans”) do precisely this. The states argue that marriage is good for children, yet marriage bans categorically exclude an entire class of children – children of same-sex couples – from the legal, economic and social benefits of marriage. This amicus brief recounts a powerful body of equal protection jurisprudence that prohibits punishing children to reflect moral disapproval of parental conduct or to incentivize adult behavior. We then explain that marriage bans punish children of same-sex couples because they: 1) foreclose their central legal route to family formation; 2) categorically void their existing legal parent-child relationships incident to out-of-state marriages; 3) deny them economic rights and benefits; and 4) inflict psychological and stigmatic harm. States cannot justify marriage bans as good for children and then exclude children of same-sex couples based on moral disapproval of their same-sex parents’ relationships or to incentivize opposite-sex couples to “procreate” within the bounds of marriage. To do so, severs the connection between legal burdens and individual responsibility and creates a permanent class or caste distinction.