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Children's rights and human development is a new and uncharted
domain in human rights and psychology research. This
multidisciplinary children's rights reader is a first attempt to
introduce this domain to students and researchers of children's
rights, child development, child maltreatment, family and child
studies, and related fields. For many lawyers, children's rights
are limited to their legal dimension: the norms and institutions of
international human rights law, often with an exclusive focus on
the Convention on the Rights of the Child and its monitoring treaty
body, the Committee on the Rights of the Child. However, there are
three more dimensions to children's rights. Children's rights share
a moral and a political dimension with all human rights, which most
non-international lawyers all too often overlook. And children's
rights have a fourth dimension: the time dimension of child and
human development. This time dimension is multidisciplinary in
itself. Human development begins nine months before childbirth.
When we are four years of age, our brain is 90% adult size. The
infrastructure of our personality, health, and resilience is formed
in our first years of life, determined by the quality and sheer
quantity of parent-child interaction and secure attachment
formation. Yet, more than one third of children are not securely
attached. According to research published in The Lancet in 2009,
one in ten children in high income countries is maltreated.
Violence against children is a worldwide plague. Socio-economic and
socio-emotional deprivation are still transmitted from generation
to generation in both rich and poor states. Investing in early
childhood development, positive parenting, and child rights
education makes sense. This book brings together substantial and
fascinating texts from many fields and disciplines that illustrate
and elaborate this point. Arranged in ten chapters titled according
to pertinent child rights principles and concepts, these texts
offer a state-of-the-art view of the enormous progress made in the
past decades in several fields of human knowledge. In between these
texts, several news and factual items inform the reader on the huge
gap that still exists between what we know and what we do to make
this world a better place for children, to promote human
development, and to protect human rights better. Child rights
violations are still met with more rhetoric than leadership. But
change is on its way. The book's contents may be used both as
background readings and as tasks for group discussion in
problem-based learning or other educational settings in child
rights law and psychology courses. It is also aimed at a broader
academic and public audience interested in the many aspects and
ramifications of children's rights and human development.
Human rights tend to focus on the relationship between the
individual and the state the individual is the rights-holder, the
state is the duty-holder. Children's rights bring a third player
much more into the picture, namely the parents. Although, legally
speaking, they are not duty-holders under the UN Convention on the
Rights of the Child, parents do have a number of responsibilities
under the Convention on the Rights of the Child and other human
rights instruments. Child rearing may still be considered by many
to be within the private domain, i.e. a matter of concern only
within the relationship between children and their parents, with
the exception of instances of child abuse or neglect. However,
States may be obligated to turn parental responsibilities into
national legal duties if this is needed to improve the legal and
social position of children. In this volume, child-rearing
responsibilities are examined in the light of children's rights and
other human rights. All the contributions focus in particular on
the proposal to introduce an upbringing (or parenting) pledge. The
upbringing pledge contains not only a statement of lasting
commitment towards the child, but also an explicit declaration of
commitment to respect and promote the rights of the child both as a
person and as a human being who is utterly dependent upon parents
for wellbeing and the development of his or her personality. By
means of the upbringing pledge as a child rights-based social
institution, the responsibilities of society and the state towards
both parents and children are re-affirmed as well.
On November 20, 1989, the United Nations unanimously adopted the
Convention on the Rights of the Child. Therefore, November 20 has
become a date which signals the recognition by the international
community that children have developmental and autonomy rights as
essential benchmarks for children themselves and for those
responsible for their well-being and healthy development. However,
as long as society, through international cooperation, lacks
serious investment in child development, the rights of all children
especially the rights of young children and children living in
exceptionally difficult conditions are soft rights only. The
emancipation of the young child and the rehabilitation and
emancipation of those who are deprived, exploited, abused, and
neglected remain in a legal shadowland. This book explores this
legal shadowland, introducing the concepts of the 'Trias
pedagogica' and 'Transism, ' in order to shed light on the
obligations and responsibilities of states and other actors in the
empowerment of children, caregivers, and communities.
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