Promoting child-friendly approaches in the area of migration: standards, guidance and current practices

External research reportInstituut voor Privaatrech

Children and police questioning: A rights-based approach

Copyright © The Author(s) 2023. Under the United Nations Convention on the Rights of the Child, children in conflict with the law are entitled to dignity and respect for their rights within a youth justice system adapted to their age and circumstances. The United Nations Convention on the Rights of the Child recognises the necessity of ensuring that children’s rights are protected during the criminal process, emphasising the importance of legal advice, information and support to enable their participation in the process. Police questioning can be a particularly difficult experience for children, given their vulnerability and immaturity and yet it can have very serious consequences for children. This article examines the rights of the child during police questioning, from the perspective of children themselves. Presenting the findings of a study of children’s experiences of their rights when being questioned by the police (An Garda Síochána) in Ireland, the article highlights the need to adapt police questioning processes to the needs and circumstances of the child, while emphasising the powerful case for greater involvement of children in research about criminal justice and policing so that their experiences of their rights can be better understood.This study was funded by the Policing Authority (Ireland) Research Bursary Scheme. The details of the study were published by the Policing Authority as follows: Kilkelly U. & Forde, L, Children’s Rights and Police Questioning: A Qualitative Study of Children’s Experiences of being interviewed by the Garda Síochána (Dublin: Policing Authority, 2020) available at www.policingauthority.i

Promoting child-friendly approaches in the area of migration: standards, guidance and current practices

Effective Protection of Fundamental Rights in a pluralist worl

Deprivation of Liberty of Children

International children’s rights law is utterly clear. The use of deprivation of liberty of children must be limited to the absolute minimum. If it is nevertheless regarded necessary to arrest, detain, imprison, or institutionalize a child, states have the obligation to safeguard that her or his rights are recognized and adequately protected, regardless of the context in which the deprivation of liberty takes place. This chapter elaborates on the specifics of these two limbs of Article 37 CRC, the core human rights provision for the protection of children deprived of liberty. It analyzes the legal status these children are entitled to, specifies the corresponding negative and positive obligations for states, and explores avenues for an effective implementation.Effective Protection of Fundamental Rights in a pluralist worl

Children’s Participation in the Justice System

The rights of children in youth justice and civil court proceedings, and in particular the right of children to be heard or to “participate” in such systems, is an area in which there has been much interest in recent years, particularly sparked by Article 12 of the UN Convention on the Rights of the Child. There are a wide variety of proceedings in which children’s interests are decided, for example, where they are accused of a crime, where their parents are in dispute on family breakdown and where there are child protection concerns. This chapter examines recent developments in standards at international level concerning children’s participation in proceedings, such as the drafting of General Comment No. 12 of the UN Committee on the Rights of the Child on the right to be heard and the Guidelines on Child-friendly Justice of the Council of Europe. It draws on recent international research in order to provide analysis of the extent to which such standards have affected practice and made a difference for children. It concludes that although the development of such standards is to be welcomed, and although these standards have achieved some improvements at domestic level, the more extensive modifications required for genuine participation of children in the justice system has not occurred.Effective Protection of Fundamental Rights in a pluralist worl

The translation of articles from the United Nations Convention on the Rights of the Child into education legislation:the narrowing of Article 12 as a consequence of translation

This paper is concerned with the inclusion, exclusion and reshaping of articles within the United Nations Convention on the Rights of the Child (CRC) as they are translated into English education legislation. The CRC comprises 54 articles aimed at outlining rights and freedoms for children and was ratified by the United Kingdom (UK) government in 1991. The paper builds on a previous publication by the authors which highlighted how the mobilisation of articles within the CRC into professional practice undergoes multiple translations. This paper takes an in‐depth and critical look at the first stage of the translation process in which articles are mobilised from the CRC into national legislation. Specifically, the paper presents findings from a documentary analysis which explored the translation of principles pertaining to Article 12 of the CRC into English Education Regulations, Acts and Statutory Guidance for schools. Findings demonstrate that the reshaping of the article within education legislation strongly reflects the government's priorities and agendas. The study raises new insights into the need to establish processes to ensure the full mobilisation of Article 12 and questions whether specific principles pertaining to the article could or should be incorporated into national legislative systems.Output Status: Forthcoming/Available Onlin

Children’s rights and digital technologies

Digital technologies have reshaped children’s lives, resulting in new opportunities for and risks to their well-being and rights. This chapter investigates the impact of digital technologies on children’s rights through the lens of the United Nations Convention on the Rights of the Child. Up until now, not all rights have received the same level of attention in the digital context. Legal and policy discourse in the area of children and digital media predominantly focuses on ‘protection’ rights, albeit with a growing awareness of the tension between ‘protection’ and ‘participation’ rights. ‘Provision’ rights are not often emphasised, other than in the important domain of education. However, all children’s rights should be supported, valued and developed in both online and offline spheres of engagement. Governments, parents, educators, industry, civil society and children’s rights commissioners or ombudspersons should all take up their responsibility to enhance children’s rights in relation to digital technologies, while actively listening and taking account of children’s views when developing laws, policies, programmes and other measures in this field