Social Rights Of Children In Europe

In Social Rights of Children in Europe Katharina Häusler provides a thorough analysis of how the major European human rights bodies interpret children’s basic social rights and thus unfolds the main challenges for the realisation of these rights in Europe.

This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description

This edited collection critiques, from an interdisciplinary perspective, the growing body of EU children’s rights activities in the light of broader political, economic and legal processes. Specifically, it interrogates whether EU intervention effectively responds to what are perceived as violations of children’s rights and the extent to which EU efforts to uphold children’s rights complement and reinforce parallel national and international pursuits. Moreover, it scrutinises the compatibility of EU children’s rights measures with the principles and provisions enshrined in the UN Convention on the Rights of the Child (CRC).

Children should grow up in their families. When confronted with crises or difficult situations, families should receive necessary, specifically adapted assistance from public authorities to help solve their problems. This is sometimes not possible, however, for example when parents are unable to bring up their children or when they represent a danger to them. The child and the parents must consequently be separated, with the parents' agreement or on the basis of a court ruling. Placement must always be an exception and a temporary solution - as short as possible - only foreseeable if all the right conditions are met and if the principal aim is the best interest of the child, including a successful and prompt social integration or reintegration. The main objective should be the development and fulfilment of the child. His/her views should be taken into account, according to the child's age and degree of maturity. Child protection and welfare, based on the rights of the child -including those of children in institutions - is a priority for the Council of Europe, as stated in Recommendation Rec(2005)5 of the Committee of Ministers to member states on the rights of children living in residential institutions. The harmful effects of institutions on child development having been demonstrated, the aims are to prevent the institutionalisation of children and to reduce the number of children subject to such measures through the development of alternatives. This publication, while showing the importance of the issue and the necessity of dealing with it in a sensible and cautious way, also opens perspectives for the future.

This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.

Children's rights consist of finding a delicate balance between protection & autonomy. Based on existing international conventions, the Council of Europe recommends a greater participation on the part of tomorrow's adults in those decisions which affect them: within the family, at school & before the courts. In her foreword, Carol Bellamy, Executive Director of UNICEF, ranks the protection of children among the top political priorities of states & stresses Europe's vanguard role with regard to the rest of the world.

Living among other people, in their families and communities, children become aware from a very early age of questions related to justice, and they search for the meaning of the world. By fostering an understanding of human rights, shaping opinion and developing attitudes, human rights education strongly supports this natural interest and learning process. This is what human rights education is about and this is what ’Compasito manual on human rights education for children' is for.’Compasito' is a starting point for educators, teachers and trainers who are ready to deal with human rights education with children of 7-13 years. The book covers the key concepts of human rights and children's rights, and provides substantial theoretical background to 13 key human rights issues, such as democracy, citizenship, gender equality, environment, media, poverty, and violence.The 42 practical activities serve to engage and motivate children to recognise human rights issues in their own environment. They help children to develop critical thinking, responsibility and a sense of justice, and help them learn how to take action to contribute to the betterment of their school or community. The manual also gives practical tips on how it can be used in various formal and non-formal educational settings.

Children are full-fledged holders of rights. They are beneficiaries of all human and fundamental rights and subjects of special regulations, given their specific characteristics. This handbook aims to illustrate how European law and case law accommodate the specific interests and needs of children. It also illustrates the importance of parents and guardians or other legal representatives and makes reference, where appropriate, to where rights and responsibilities are most prominently vested in children's carers. This handbook aims to raise awareness and improve the knowledge of the legal standards that protect and promote children's rights in Europe. It is a point of reference on both European Union (EU) and Council of Europe (CoE) law related to these subjects, explaining how each issue is regulated under EU law, including the Charter of Fundamental Rights of the European Union, as well as under the European Convention on Human Rights (ECHR), the European Social Charter (ESC) and other CoE instruments. The handbook is designed for non-specialist legal professionals, judges, public prosecutors, child protection authorities, and other practitioners and organisations responsible for ensuring the legal protection of the rights of the child. It explains key jurisprudence, summarising major rulings of both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).

Only available in paperback version ISBN 90 411 1091 7 This volume draws upon the author's own experience to highlight the complexities behind the global violations of children's rights. Analysis and description are interwoven to provide a coherent study of the international status of children and the rights which attach to this status, both for those familiar and unfamiliar with international law. The author demonstrates the potential of international law in protecting the rights of children, even in states which are restructuring their economies. To be effective, international law cannot be used in isolation and the text seeks to place the rights of the child in their cultural and historical contexts. All royalties from The International Law on the Rights of the Child are being donated to the International Save the Children Alliance to assist them in their work with children. 'Ms van Bueren combines skilfully an enormous amount of factual material with careful legal analysis and comment. [...] this book will rapidly become indispensable to children's rights lawyers...' C.M. Chinkin, University of Southampton 'Among numerous publications dealing with the subject of promotion and protection of the rights of the child issued up to date, G. Van Bueren's The International Law on the Rights of the Child is the most serious monograph in the field of international law.'