S6 Children v Women's Right Flashcards
is there a conflict of interest between HR’s approach to universalism and providing special rights for the most Vulnerables?
Equality and discrimination is the main purpose of HR.
However, HR does provides special rights for the most vulnerable groups such as Indigenous, women, children and refugees. HR uses Substantive equality approach in order to achieve the goal of fairness and equality.
types of equality?
Formal equality - everyone must be treated the same
Substantive Equality- equal respect and dignity - people treated according to their circumstances and their capabilities eg; ‘special measures’
why protect Children’s right?
Due to child’s “physical and mental immaturity” that is mentioned in the preamble to the Declaration on the Rights of the Child 1959.
This justifies “special safeguards, care and legal protection”. Also, many international documents refers to the children’s “special vulnerability”.
what does Article 25(2) UDHR says about children?
Art 25 (2) UDHR provides that ‘Motherhood & childhood are entitled to special care and assistance’ ‘All children, whether born in or out of wedlock, shall enjoy the same social protection’.
when did Declaration on the Rights of the Child (DRC) got adopted?
in 20th November 1959 by UN GA
is Declaration on the Rights of the Child (DRC) binding under international law?
No
what is the difference between a convention and a declaration?
A convention (covenant, treaty) differs from a declaration in that a convention is an agreement whereby countries agree to bind themselves under international law to conform to its provisions. … In UN usage, a declaration is a statement recognizing a universally valid principle.
How many states ratified the Convention on the Rights of the Child (CROC)?
196 state parties, the most widely ratified human rights treaty
why US is not a party to CROC?
it brings the issue of National Sovereignty concerns- international law should not control domestic law.
Federalism - interferes with parents and child relationship - fears convention will change the authority of parents
US criminal justice system treats young offenders just like adults
who is a child?
Convention refers obliquely (indirectly) to the meaning of “child”
usually a child is under the age of 18, unless the rule of the state says otherwise
What age children can commence work, or
be involved in combat service?
Controversies:
Optional Protocol 1 sets 18 as age
limit for compulsory recruitment into armed
forces
Note also that Rome Statute of ICC makes
conscripting or enlisting children under 15 into
armed forces or using them actively in
hostilities a war crime.10
what is Art 4 of CROC about?
Art 4 sets out the obligations of state parties
•To undertake ‘all appropriate legislative,
administrative & other measures’ for the
implementation of the rights in the CROC
•ESC rights are to be implemented to the
‘maximum extent of available resources’
what are some principles of CROC?
•Non-discrimination •Best interests of the child •Right to life & development •Right to participate in decisions The states have the obligation to enforce these 4 principles under General Comment 5 of ROC.
Art 2 of CROC?
Non- Discrimination of Any Kind
sets out state’s obligations to respect & ensure the rights in CROC to each
child ‘without discrimination of any kind’
what is Art 3(1) of CROC about?
Best interest of the child
requires all organs of the state (legislative, administrative & judicial) to consider the ‘best interests of the child’ in ‘all actions concerning the child’
Non- Discrimination of Any Kind means?
•Non- Discrimination does not mean identical treatment of all children and Some children may need special care & attention
•State must actively identify such children, & ensure adequate protection is
provided
•Special measures may be necessary to address the conditions causing
discrimination
Best interest of the child about?
- Involves considering how the child’s interests will be affected by the decision
- Includes decisions not directly concerned with children & their welfare but indirectly impacts on children
Art 6 of CROC?
the right to life & development of the child
‘Development’ is defined broadly as including the child’s ‘physical, mental, spiritual, moral, psychological & social development’
Child’s development is to be ensured to the ‘maximum extent possible’
Note General Comment 13 on right of child to freedom from all forms of violence (pp. 402-3 McBeth) and discussion re corporal punishment.
Art 12 of CROC?
sets out the right of the child to ‘freely express’ their views in matters affecting them, & for those views to be given ‘due weight in accordance with the age & maturity of the child’
also indicates that children have an ‘evolving capacity’ to make decisions for themselves depending on particular ‘age & maturity’
what does the right to participate in decision by child means?
Illustrates that CROC requires a ‘child-centered’ approach to decision-making affecting the child
Not only about achieving a particular outcome, but also about the decision-making process
Does a child’s right to participate in decision have a capacity?
yes, Child’s participation rights are always balanced with the need for appropriate guidance & direction for parents & others
what are some Optional Protocols to CROC?
- Involvement of Children in Armed Conflict - Prohibits children under 18 years from being conscripted or involved in direct combat duties (entered into force in 2002) 167 ratifications as at 10 September 2018
- Sale of Children, Child Prostitution & Child Pornography - Requires states to criminalise these activities & to cooperate to eliminate them (entered into force in 2002) 174 ratifications as at 10 September 2018
- Communication of complaints (entered into force in 2014) 41 ratifications as at 10 September 2018
which Optional protocol has been ratified by US?
USA has ratified Optional Protocols 1 & 2, but not CROC
which optional protocol allows for individual complains?
Third Optional Protocol (Communication of Protocol) to CROC was adopted by UN GA in November 2011 and allows individual complaints to be made to the Committee on ROC
what are some International Labor Organisation ILO conventions regarding Children?
- Minimum Age Convention 1973 (No. 138)
- Worst Forms of Child Labour Convention 1999 (No. 182)
Both deal with the area of child labour & what types & conditions of work are acceptable to children under 18 years.
what are Committee on ROC and how does it function?
Committee on ROC is the treaty body responsible for overseeing the implementation of CROC by state parties
It monitors Convention mainly through system of state reporting.
how often states reports to committee of CROC?
State reports must be submitted every 5 years
what is UNICEF’s role in regards to children?
UNICEF works closely with the Committee on ROC to monitor children’s rights & advocate for the protection of children
when did UNICEF got established?
United Nations Children’s Fund (UNICEF) was established in 1946 by the UN to provide food, shelter & health care for children in need
Amongst the issues focused on by UNICEF:
- children being trafficked each year (primarily for prostitution);
- children involved in armed conflict;
- child refugees worldwide
- number of children estimated to have been involved in armed conflict around the world in 2016 (300, 000) or number of children trafficked each year (as many as 1.2 million).
Debate on whether women’s situation is best advanced through a separate convention & treaty body or whether women’s rights should be ‘mainstreamed’;
seperate convention on women’s right recognise & give expression to the unique interests & situation of women, and recognising that women face particular types of disadvantage Eg. Poverty, domestic violence, trafficking & prostitution
on the other hand, ‘Mainstreaming’ women’s rights seeks to regard men & women as equal & as having similar interests & values.
Equality may ignore many areas of inequality
Types of Feminism?
- Liberal feminism
2. Radical feminism
what is Liberal Feminism about?
seek to achieve formal equality with men, seen as mainstream meaning of feminism.
It is concerned with substantive equality of treatment and opportunity.
Assumes that equality of treatment will lead to substantive equality Eg. Right to vote, to work in the professions, to stand for parliament, to own property, etc
what is ‘first-wave feminism’?
Liberal Feminism
what convention protects the rights of women?
Convention for the Elimination of All Forms of Discrimination Against Women
- focused on discrimination based on sex
what is Radical feminism?
take a more holistic approach to change, focusing not on ‘difference’ but on power.
Women’s unequal situation is due to social structures and cultural arrangements that require women to submit to men
Patriarchy is a social system which privileges male values & subordinates women.
what is the focus of the two feminism type?
While, Liberal Feminism is focused on the equal treatment and opportunity, Radical Feminism focused on the unique situation of women and the need to challenge gendered power and dominance imbued in social and cultural systems, especially the family, the church and the academy (Mahony)
why radicalised feminists are against liberal feminism?
Because they claim Liberal feminism does not address the root cause of women’s inequality & subordination, which is the Social systems which privilege male values & interests
which type of equality CEDAW takes into approach?
CEDAW takes on liberal (Feminism) idea of achieving formal equality for women within established systems
- Formal equality – i.e. women should enjoy rights ‘on equal terms’ with men privileges the position of men – uses that as the standard
what type of equality Radical Feminist wants the CEDAW to take?
A more substantive approach - abolishing discriminatory attitudes & practices & ensuring equal respect & dignity.
CEDAW stads for?
Committee on the Elimination of Discrimination against Women
