Week 3: The HRs framework

Question 1

Bentley

Answer 1

(2005) - Universal Children’s Rights? NO

5 points:

1. Childhood is not universal
2. In CRC children = viewed as passive - need + autonomy
3. Choice theory vs. interest theory (ex: child soldiers)
4. Not about the age, about conscience of act (Bulger Killers 1993)
5. Having long childhood = luxury

Question 2

Grover

Answer 2

(2007) - Response to Bentley - Yes

3 points:

1. Children rights and Human rights = indistinguishable and both = universal
2. Universal children’s rights standards in CRC = HRs that transcend nationality and culture
3. Agrees: need + autonomy for children in CRC

Question 3

Gaffney-Rhy

Answer 3

(2011) - Child marriage

4 points:

1. International law = important - it emphasizes gravity of child marriage
2. Need more appropriate strategies nationally and locally
3. HRs instruments are not effectively enforced/implemented due to a lack of clarity of what’s forbidden
4. Need uniform minimum age for marriage = clear message that early marriage = unacceptable

Question 4

Lecture

Answer 4

1. UDHR = 10 Dec 1948 = politicised
2. Actors = state, individual (rights vs responsibilities, CS (Boomerang effect - Keck and Sikkink 1998)
3. Debate: Rights of child to autonomy undermine parents’ responsibility

Question 5

Extra

Answer 5

1. Unicef debate
2. Shell-Duncan (2008)
3. No means no