CHYS- 2001 Flashcards
Views of Children & Youth
4 social events arising from political, economic and social transformations have profoundly influenced youth (and laws that deal with youth) today:
Compulsory education- how has this change the formation of childerns childhood
Youth justice movement
Children’s rights movement
Digital and global movements- infected the speed of when they should get information, hard to disconnect, useful information, coivid= social assimilation (cues)
Social Constructions about children
Little consensus about how children and childhood are defined. Laws that respond to young people are fluid and changing. \
What is meant by a child varies based on chronological age, level of maturity, physical maturation, economic dependence
While all societies acknowledge that children are different from adults, how they are different and what expectations are placed on them, change according to the society in which they live.
Constructions primarily comes from the views of adults
Why are social constructions important ?
Constructions of children and youth have a profound impact on how they are viewed and treated.
Impacts the creation of laws and legislation that govern youth
For example: the construction of youth as ‘deviant’ and ‘ out of control’ results in ‘tough on crime’ legislation
How might your own perceptions of young people influence your work with them?
As professionals we will have our own ‘mental models’ of childhood, which are the images, assumptions, and stories we carry in our minds. It is important that we ask how these internal images influence the way we work with young children and their families.
Who created the law/policies? /Who benefits from it
think piece
Are all children and youth impacted in the same manner?
think piece
Are the voices of young people included?
think piece
Social Constructionism
Differing experiences and definitions of childhood
Experiences differ depending on intersecting factors such as class, race, ability, sexuality etc
Connection between social constructionism and child rights?
Child Rights
December 13, 1991 - Canada made a moral and legal commitment to all children by ratifying the United Nations Convention on the Rights of a Child (CRC)
What is the CRC?
54 Articles covering all aspects of a child’s life
Civil, political, economic, social and cultural rights that all children everywhere are entitled to.
Explains how adults and governments must work together to make sure all children can enjoy all their rights.
What is the CRC?
State Parties must ensure that ALL children – without discrimination in any form – benefit from special protections, measures and assistance; have access to services such as education and health care; can develop their personalities, abilities and talents to the fullest potential; grow up in an environment of happiness, love and understanding and are informed about and participate in achieving their rights in an accessible and active manner (Unicef)
What does signing the CRC mean
No biding legal obligation, but does demonstrate the State’s intent to consider ratifying it.
Obligation to refrain from acts that would undermine the CRC’s objective and purpose.
what does ratify the CRC mean
(ratified = also signed )
Legally bound by international law
Commitment to integrate principles into policies and laws.
Commitment to reporting
Ratification of the CRC
Near-universal ratification reflects a global commitment to the principles of human rights.
By ratifying , governments state their intention to put this commitment into practice. Obligation to amend and create laws and policies to fully implement the CRC.
what are the three 3p’s of the CRC
Provision –basic economic & social needs
Protection –from harmful or exploitative practices
Participation - Express views in matters affecting the child, and to have views heard in administrative and judicial proceedings
what are 4 Guiding Principles of the crc
Non-Discrimination (Article 2): Protection from all forms of discrimination or punishment.
CRC refers to “every child” or “the child” without qualification or restriction.
Best Interests of the Child (Article 3): In all actions concerning children the best interests of the child must be a primary consideration. (a take it in to consideration but doesn;t mean it will have have an impact on the overall outcome)
Adults must consider how their decisions impact on children
Right to Life, Survival and Development (Article 6)
**Participation (Article 12): The right to express views in all matters affecting the child.
Views of the child must be given due weight in accordance with age and maturity
the compliance & enforcement of the crc
Not “hard law” – cannot enforce CRC rights in a court of law.
“Soft law” – law enforced indirectly over time through a reporting system and on the basis of public opinion and national and international pressure
Compliance & Enforcement
State Parties send a report to the UN Committee on the Rights of the Child every 5 years documenting compliance and implementation of the CRC.
The Committee sends back a report to State Parties called Concluding Observations in which progress, shortcomings and recommendations are noted.
what are some critiques of the CRC
Too open to interpretation
Biased towards western conceptualizations of childhood
Notions of choice, freedom and autonomy
Notion of “best possible childhood” may go against traditional or cultural values.
Protection versus participation
Lack of resources
Ratifying is merely symbolic. Countries just want to “look good.”
There is no system of enforcement – therefore, it does very little to improve the lives of children.
Challenges evaluating children’s rights due to poverty, conflict, and institutional limitations.
what is article 42
Make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.
what are some Lack of Knowledge and Denial of Citizenship reasons
Ignored or downgraded as citizens – notion of ‘future’ citizen(more of an entitlement for adults)
Lack of capability and competence to exercise rights and responsibilities
Economic dependence
Lack of cognitive ability
What is the importance of children knowing about the crc
Serves as a new global standard on the treatment of children
Elevates the status of children worldwide to persons and citizens.
Provides a blueprint for the betterment of children “by recognizing them not as vulnerable little not-yets in need, but as bearers of rights” (Howe & Covell, 2005)
Symbolic – Message that children are rights bearers, and deserve priority in public policy and law
Advocacy – Organizations provided a tool and standard to monitor governments and pressure for improvement
Legally – Government officials must account for their lack of effort. Not the case in the past.
