Search results

Since the Syrian conflict broke out, a significant number of Western citizens travelled to the warzone to join the Islamic State of Iraq and Syria (ISIS). By common definitions, some of the persons travelled as 'children'. However, since the defeat of ISIS, Western countries are facing a conundrum on how to treat these young former fighters. The status of these children has been contentious. Among the Western countries, there does not seem to be a clear position or consistent approach on how such children should be treated. It would appear that the approaches towards the dilemma on these young persons have, predominantly, been dictated by the political whims of individual states. Generally, the children have been regarded as young 'terrorists' likely to pose danger to Western societies if repatriated back. However, the perceptions and actions towards these minors seem to depart from the normative approaches to children associated with armed conflict. The widely reported case of British teenager Shamima Begum shone the spotlight on the predicaments of children formerly associated with ISIS. This article makes a case for the treatment of ISIS-associated children to be considered as child soldiers. When analysed closely, these children deserve protections accorded to all children recruited for purposes of warfare. Recent case law seems to imply that such protection does not cease even after the age of 18 years. All considered, the denial of repatriation appears inimical to normative standards on children associated with armed conflict. Furthermore, the approaches of some of the Western countries could be vulnerable to criticism for violation of the rule of law. The arbitrary revocation of citizenship and barring of returns appear starkly in conflict with norms of natural justice. With this in mind, this article asserts that a consistent approach would require the Western approaches to treat ISIS-associated children as victims first and accord them protections recognised in international law.

" International Child Law examines and discusses the international legal framework and issues relating to children. Analysing both public and private international legal aspects, this cross-disciplinary text promotes an understanding of the ongoing development of child law, children's rights and the protection of the child. Examining the theoretical background to the law, and providing a concise and clear overview of the instruments and institutions that protect children internationally, this text then focuses on key themes and issues in child law and children's rights. This new edition has been updated and revised throughout, including expanded material on the African Charter on Rights and Welfare of the Child as well as discussion of recent landmark developments on the law relating to recruiting child soldiers as a result of Lubanga (2011). The third edition will also include a new case study feature that critically considers key themes and issues in international child law in a real world context. Drawing on a range of legal disciplines, International Child Law is a valuable resource for those in the course of study and research in this area"--

Cover -- Title -- Copyright -- Contents -- Dedication -- Acknowledgments -- Introduction Multidisciplinary Responses to the International Rights of the Child / Clark Butler -- Part 1: The Movement and the UN Convention -- 1. Children's Rights: An Historical And Conceptual Analysis / Clark Butler -- 2. The Case for the Convention on the Rights of the Child From the Perspective of Child Psychology / Katherine Covell -- 3. Developmental Considerations in Teaching Children's Rights / Katherine Covell and R. Brian Howe -- 4. Introducing Critical Thinking and Dialogue in Preschool / Marie-France Daniel -- Part 2: The Opposition -- 5. Nannies with Blue Berets: The UN Convention and the Invasion of National and Family Sovereignty / Michael P. Farris -- 6. Educational Freedom and Human Rights: Exploring the Tensions Between the Interests and Rights of Parents, Children, and the State / Perry L. Glanzer -- 7. Implementing the Convention on the Rights of the Child in Canada: A Question of Commitment / R. Brian Howe -- 8. Implementing the Convention on the Rights of the Child in the UK: A Problem of Political Will / Claire Cassidy -- Part 3: Children's Rights in the Developing World -- 9. Motivating Political Responsibility for Children in Poor Countries / Stephen L. Esquith -- 10. "The Right Child": Challenges and Opportunities of Child Rights Legislation in Theory and Practice / Krisjon Olson -- 11. Pragmatism, Capabilities, and Children's Rights in Development Ethics / Jennifer Caseldine-Bracht -- Annotated Bibliography -- Contributors -- Index.

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.'

"This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the on-going development of child law, children's rights and the protection of the child. Indepth analysis of the following topic areas are included: Childhood in the Digital Age, Child Labour, International Parental Child Abduction, Inter-country Adoption, Child Sexual Exploitation, Children in Armed Conflict, and Indigenous Children. These topics are contextualised with further chapters on the concept of childhood and children's rights, the international legal framework in which the Convention operates and a substantive chapter on the Convention itself. This 4th edition has been updated and revised, including a new chapter dealing with issues arising from childhood in the age of unprecedented digital technological advancements; a crucial issue for childhood experiences in modern times. This edition also includes new case studies, recent legal developments in the field of international child law, and inclusion of broader scholarship to capture diverse views on international law and child law. The aim of this book is to provide the reader with an accessible, informed, critical and scholarly account of the international law framework relating to children. Drawing on a range of legal and other disciplines, this book remains a valuable resource for those in the course of study and research in this area"--

The legal protection of children was introduced into international humanitarian law after the Second World War. Experience during that conflict had, in fact, pointed to the urgent need to draw up an instrument of public international law for protecting civilian population in wartime. The results of the ICRC's efforts in this field led to the adoption of the 1949 Fourth Geneva Convention relative to the protection of civilian persons in time of war. From that time on, children, as members of the civilian population, were entitled to benefit from the application of that Convention. Moreover, the first international humanitarian law regulations concerning armed conflicts not of an international character, contained in article 3, common to the four 1949 Geneva Conventions, were drawn up at the 1949 Diplomatic Conference. Here again, children were protected, in the same way as all "persons taking no active part in the hostilities".