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Children's Human Rights -
An Interdisciplinary Introduction B
University of Geneva
2.1 Introduction
[MUSIC] Hello everyone, it is a real pleasure for I to introduce you to this module dedicated to the
history of the children's rights.
Now, how to approach the history of the rights of the child.
First of all, how can we define this concept before tackling its history?
Are we talking about rights as formally enshrined in international law? If so, this definition would
surely limited history of children's rights to its sole legal aspects.
And therefore, of course, it would reduce our narrative to the last century, between first, the
adoption of the first declaration of the rights of the child in 1924, and on the other hand, that of
the United Nation Convention
on the Rights of the Child in 1989. >> Instead, we have decided to take you through a much
longer journey through time and space. According to us, the concept of children's rights takes its
roots well before the 20th century, as soon as adults come to consider children as specific beings
with specific needs and profile.
This module highlights that this moment is difficult to date.
The child was already considered with a specific interest in ancient times, especially in respect to
his health, as historian Philip Reeder will demonstrate.
This movement steadily increased over time, particularly during the industrial revolution, which
finally calls the Western states to enact laws to limit child labor.
>> To recognize that children were special, indeed led modern societies to assert their own
duties toward them, such as providing education and also protection. Historian will make this
point quite clear.
>> During the 20th century, Western societies went from this duty-related approach to a more
ambitious one, that of the assertion of children's rights beyond national frontiers, on a universal
level.
Rights that had to be defined, promoted, and implemented. That is what happened with the
advent of international advocacy networks, as we will show.
Witnesses of these transnational and transcultural processes, will join in to complete the picture.
>> And finally, you will come to realize that the history of children rights is not linear.
Indeed, our narrative will be made of striking advances, but also stunning setbacks. It will show
that nothing is ever settled nor should be taken for granted in this area.
As for now, we invite you to join us in this rather chaotic journey of children rights through
modern history. [MUSIC]
2.2 History of childhood: a state of the
art
MUSIC] There are few cases in history where the birth of a can be precisely dated. The history of
childhood is one of these exceptions. Indeed, this specific field of restorical interest was born in
1960 with the publication of the famous book, the French historian Phillippe Aries, Centuries of
Childhood, A Social History of Family Life.
True, even before this date, a fair amount of research had already been led by historical
demographers after World War II.
Biological structures of everyday life in societies.
Among other features, they pointed out the mother of the nuclear family already prevailed back in
the 17th century. Due to the high infant mortality rates Which of course limited the size of the
families.
But this demographic approach made it difficult to grasp exactly what will happen within Within
these families, in terms of emotional relationship. Idea was to find all the all the archives, such as
family archives and so on. In order to track down precisely the emergence of what he called
Now, how could you translate this idea? You could translate it as a sense of a feeling about
childhood. What he really meant by this expression is the will to consider the child as a specific
being with specific need, requiring specific care, specific measures of protection.
According to Philip it was not until
the 17th century that regime societies recognized and valued childhood. As a consequence of
this rather late discovery of childhood as put it Western societies would from then on develop a
whole new range of attitudes, discourses, and institutions, specifically dedicated and directed to
children.
These institutions were intended to cater to their specific needs, for example, in terms of
education.
Now Arya's conclusions arose much controversies and criticisms.
As a result, many historians have since then discovered or used various archives in order to
contest or on the contrary to validate his opinions
Anyway, no doubt the history of as a field of research was directly fed by such controversies,
such debates, before becoming a separate discipline of its own right, something like 30 years
ago.
Philip Arya's main legacy was not only to draw attention to an area of research so far, barely
studied. He also contributed to validate the idea. The chance within youth are no timeless
categories. Rather These are categories which are socially constructed which means they
change and evolve over time. And if the representations underlying the perceptions of childhood
and youth evolve over decades or over centuries Then of course institutions or policies that
embodied these very ideas change as well.
Historians have then been prone to delve into the archives to try to understand precisely how
childhood perceptions have changed over the centuries. And also, of course, what were the
effects of these changes in terms of new policies, new institutions, new actors taking care of
children and youth.
This is particularly true with a dominant feature of contemporary politics, that of state
intervention.
Historians have dedicated many rich case studies to understand how and when states did make
it a priority to safe guard, manage, control, and protect childhood.
Other result is true of child who have now come of age.
Case studies and scholarly works do abound, relating to all categories of children and youth.
Even in terms of age, in terms of gender, in terms of social class, in term of ethnic origin.
Their life courses have been duly explored, such as conditions of birth. Family ties, schooling,
child labor and so on.
And also, unconventional or exceptional children have also been widely considered and widely
explored, as well as the special institutions which were entrusted with their care. Such as, for
example, institutions for disabled children, orphans, or also young offenders, girls and boys.
More recently, the life of children in the globalized world has also come to light, thanks to studies
that strive to measure the impact of globalization process on the lives Of younger generations.
Particularly of course in recent decades.
Children may have been negatively affected by globalization. For example by colonization or
migrations.
But they may also have been positively impacted. For example By the modelization in favor of
human rights, devices specific to children, for example, ILO campaigns against child labor.
Finally, we can say that history of childhood appear as a quite dynamic field of research.
And yet Some gray areas still remain.
The most intriguing of them would be the difficulty to take stock of children's voices and feelings
about their own experiences.
Indeed the history of childhood as we do it today, still remains to use the words Of the British
historian Harry Hendrick, the history of what adults had thought about and done to children.
Let us hope that someday somehow historians will finally find out how to make these distant
voices of children heard. This will further enrich Is already well known, centuries of childhood.
[MUSIC]
2.3 Children and Health from the
Renaissance to the Revolution
[MUSIC] Hello, this section of the module aims to give you an idea of the history of children's
health during the early modern period that is from the Renaissance until the French Revolution.
Our first indication as to the state of children's health during that period is given by
demographers and historians of demography who have shown that during the entire period, that
is from the Renaissance until the French Revolution, approximately one child out of three died
before the age of one. And two out of four never made it to the age of 20. The case of Ralph
Josselin is a good example of this. This 17th century clergyman had ten children, of which five
survived him.
This overall picture has led to the widespread belief that parents adopted a fatalistic approach to
their children's health and death, and the physicians and carers did little to take care medically of
children during that period.
Three fields of research have shown a very different picture. Firstly, work on medical literature
has shown that as from the 16th century, many medical authors recommended specific care for
children and new born.
Until the age of 14, children were considered to be particular they were moist and warm.
Even non specialized authors included recommendations in their published work.
Generally speaking authors of medical text offered advice to parents and carers on how to deal
with their children.
They gave advice on breastfeeding programs, on teething pains, and how to wean toddlers. They
also give advice on different children's diseases.
In this literature, something like 40 different diseases were identified as being specific to children.
Secondly, recent research in family history has shown that a sustained interest and care for
children in families. The best examples are royal children. But examples of modest families
where medical care was taken of children are also to be found in different documents.
This is the case of Ralph Josselin, an English minister. I have already mentioned, who took great
care of his children as one can see in his diary.
Among others, Ami Lullin, a Geneva minister who in 1745 chartered the medical data of the last
days of his son noting symptoms and medicines given in a desperate effort to govern him back
into health.
Thirdly current research on religious healing practices has shown that during the early modern
period many parents were prepared to travel to sanctuaries, to a church in order to relieve a sick
child.
This was usually a desperate attempt to relieve a very sick child.
All in all though there was no formal recognition of children's rights to health and to care In the
early modern period,
the overall pictures shows that society, physicians, and parents made constant and often
different attempts to take care of their children. Treated children against specific complaints. And
adapted medicines to the age and individual constitutions.
This does not change radically at the end of the 18th century.
What does change is the emergence of the conviction of the new medical knowledge could do
more to reduce infant mortality. [MUSIC]
2.4 Children during the industrial revolution
[MUSIC] Child labor in factories has been denounced as one of the most shameful events in the
industrial revolution. Historians strive to explain it, examining the context.
Research has already corrected a serious distortion of our view of child labor during
industrialization. The focus on children working in large factories while the situation was
especially disturbing is misleading.
This sector was confined to only a few developed regions. The majority of children were working
in agriculture, trade, or domestic service.
Our research question will be why were so many children put to work from the 1780s. And why
starting from the 1870s did child labor gradually disappear in Western Europe especially in
industry?
I will answer this question focusing first on the child labor supply.
Two more question must be asked. Why were so many children available and why did so many
families rely upon child labor?
Demography provides the first answer.
With new job opportunities, offered by industry and proto industry, more young people got
married and married earlier.
Consequently, the child population increased, both in absolute numbers and as a proportion of
the overall population. This also means a greater proportion of dependent children, compared to
the working population.
With a higher child dependency, often combined with insufficient level of income, many working
class families had no choice but to send their children to work as soon as possible.
The participation of working children also varied according to the family cycle.
Around 1900, sociologists highlighted the fact that the situation of working class families
improved as soon as the older children enter the labor market.
This situation forced children to leave school early, remaining unqualified and reproducing the
cycle.
My research in Switzerland shows that girls, compared to boys, were much more liable to leave
school to be put to work, especially in Catholic regions.
My second point, the demand for child labor. It was affected by change in the organization of the
workplace and by emergence of new technologies. The first industrial revolution, mainly the
transition from craft production to factory production, from the end of the 18th century, affected
child labor in various ways.
In industrialized regions, children from the age of six were put to work for 16 hours a day in
miserable conditions, polishing, insufficient light, dangerous machinery. The consequences on
their physical and intellectual development were dramatic.
Girls were much more concerned as they were employed in huge numbers in the textile industry,
the leading sector of the industrial revolution.
Boys worked in sectors that have been recognized later, wood, mining, metallurgy. Subjected to
harsh working conditions, they were not supposed to complain, as dominant norms of masculinity
emphasized physical strength and insensitivity. Employers often used a strategy of replacing
men by women or children in order to reduce production costs. The work was organized
according to age and sex categories, as you can see in this Swiss example.
To implement an efficient division of labor, employers had to break up the family links. And to
assign each worker a specific task. Young children, when separated from their parents, were less
effective workers.
They were also excluded by the growing complexity of the spinning machinery. Consequently,
factories became more inclined to hire teenagers.
This change was a consequence of the second Industrial Revolution, starting from the 1870s.
New mechanization, expansion of markets requiring management and coordination.
At all levels of production, a trained and healthy work force was necessary.
Children’s schooling became thus, more important. And this also explains why children were no
more employed in factories.
The second economic revolution also induced the changing role of the state, which is my last
point. By the 1840s already, governments enacted laws to limit the age and the working hours of
children. But the process was severely weakened by countless exceptions, very low penalities
and quite no means of control. During the second Industrial Revolution, the state intervened
more strongly. As with the 1877 Swiss Factories Act,
it prohibited work of children under 14 in factories and established regular control and very high
fines.
However, these laws concerned factories only. They did not prevent child labor in agriculture,
trade or domestic service.
The most efficient mean was compulsory schooling. Parents could no longer expect children to
help the family by working. The process was sped up by free schooling and by the prospect that
a better educated child would be able to improve one's life. [MUSIC]
2.5 Saving the children after WWI and the
Geneva Declaration
[MUSIC]
The history of children's rights after World War I is of particular importance. It is at this very
moment that there would be formalized for the first time in western history by an international
instrument. The so called Declaration of Geneva or Declaration of the Rights of the Child in 1924.
Now, was this document radically new? Or rather the result of changes recorded for over a
century in child welfare policies?
The answer is obviously a bit of both.
Western states and indeed multiplied welfare assistance for the protection of children since the
beginning of the 19th century.
Laws, numerous laws, had been passed to protect the child against premature work, to induce
him or her to attend school. And also to punish parents who were not educating their children
according to middle class norms. Or, worse still, who were abusing them.
The outbreak of war in 1914 put an abrupt end to these efforts.
Indeed the social and economic effects of total war hit children quite hard. What with thousands
leaving their families for the battlefields, and more often than not never coming back. Working
mothers, hunger, misery, mourning, and by the end of war displacements and forced migrations.
In these times of war children were expected to fully engage with the war effort just like anybody
else actually, age was no excuse.
The end of war, however, saw a radical change of mood. Child welfare activists suddenly
expressed anxiety about the possible consequences of those four long years of wartime on
children's bodies and minds.
It was becoming urgent, they would say, to revive pre-war child welfare momentum and prepare
the young generations for reconstruction.
Thus, children swiftly became a central issue in the process of reconciliation between former
belligerents.
Many international networks and personalities did invest time and energy in this process of
international pacification.
Swiss, French, Swedish, and North American humanitarian organizations were thus created. And
launched relief operations toward children victims of war in Belgium, in France, in Austria, or in
Germany.
Indeed, the cause of childhood obviously allowed activists to reconnect and revive pacifist ideals.
For all these reasons child welfare thus became a crucial issue on the international agenda. For
example, a dozen of international labor conventions were adopted at the ILO to prohibit
premature work for young people. For its part, the League of Nations appointed in 1925 a child
welfare committee. Which was to steady and help circulate best practices models of child
protection.
Alongside these organizations, a dense network of NGOs proliferated. Many of them were
dedicated to the defense and promotion of child welfare issues.
These post-war agencies proved to be instrumental in establishing the cause of the child as an
object of transnational debates, programs, and actions.
Whereas before the war child protection had been based on the good or sometimes bad will of
individual states. It was now a basis for international activism and advocacy.
No doubt this configuration would come to constitute a symbolic pressure for states to make
headway in their own social policy. Regarding children or youth.
A crucial step in this transnational turning point was finally reached in 1923. With the drafting of
the very first Declaration of the Rights of the Child by an agency called the International Save the
Children Union.
This NGO headquartered in Geneva as of 1920 drafted this charter with a symbolic title,
referring, of course, to the famous French [FOREIGN].
Signed by a host of personalities, prestigious personalities, this declaration was then passed on
to the League of Nations assembly in September 1924, where it was most officially adopted.
This statement had no binding effect, and therefore could not force any state to implement its
content.
Moreover, these articles remain quite vague and did not prescribe any specific social policies
tendered.
But now this vagueness was intentional.
With this declaration the Save the Children International Union wanted to promote a sense of
obligation and responsibility towards children. A sort of moral commitment from societies to take
better and more care of their children.
In light of this, what were the effects of this famous declaration if any?
In the short term, it probably allowed activists to take stock of this momentum. It helped them to
promote innovative laws and policy models at the national levels.
But the Great Depression of the 1930s soon crushed these hopes and efforts.
In the median term, the picture looks even darker.
The inter-war mobilization around child welfare issues did not prevent the most deadly
devastations of World War II. And most of them were clearly directed against vulnerable children
and civil populations in Europe.
In the meantime, all the states faced with waves and waves of refugees fleeing Nazism. Much
too often refused to offer them asylum.
For many of these families, and of course for their children, such a decision signed their death
warrant.
In the long term, however, the picture is more positive.
Indeed, the cause of childhood resumed after the war its upward momentum.
Large humanitarian organizations were founded in the post-war context, with a variety of relief
operations on their agendas.
UNICEF would be one of these proactive agencies along with Oxfam, Care to name but a few.
They would all ultimately prove that the brilliant ideal of the Geneva Declaration could, if given
sufficient means and muscle, go well beyond the mere world of ideas. [MUSIC]
2.6 International Organizations and Human
rights: From Protection Rights to Children’s
Human Rights
[MUSIC] This video explains how the configuration helped establish a new regime of human
rights, in the shape of international institutions and treaties And what place children's rights had
in this regime.
At the end of world war two the situation was dramatic, victims were numerous, 45 to 50 million
deaths of which half was civilian and 13 million orphans.The international community mobilized to
assist victims and to work for reconstruction. States envisioned a new supranational
organization, The United Nation Organization, and specialized agencies such as Unicef to rescue
children and Unesco to ensure the educational reconstruction. At the heart of this reorganization
process, children had a place of their own. The international community was willing to redefine
the basis for their proper development.
After the adoption in 1948 of the Universal Declaration of Human Rights, the Save the Children
international union- Thought it was timely to ask the UN to reaffirm the Geneva Declaration.
However, for many, the Universal Declaration was sufficient.
The UN nevertheless managed to make recognized the value of a specific document for
children's rights. Yet the UN considered the Geneva declaration as dated so they decided to
transform it into a new charter.
The human rights commission received the first version of the declaration in 1950.
Busy drifting, drafting the international convention human rights. It lofted the side until 1957. At
that date, tensions related to the cold war with such that the negotiations had stalled. The
commissions decided to reopen discussions on children's rights.
The doubts as to the relevance of adopting a treaty specific to children, in addition to the
universal declaration, arose again.
Members of the Human Rights Commission also wondered whether the treaty should be a
declaration of principles or a Prescriptive treaty creating obligations for the states.
All the debates occurred about child protection before birth. All the freedom of parents to ride
their children according to their religion. However, at the heart of the Cold War Children's rights
appeared to be a neutral ground. The Human Rights Commission had to come up with an
accomplishment, and therefore could find compromises.
These compromises produced a soft blend of general principles and enforcements provisions.
Nonetheless, interesting additions are worth mentioning.
The principle of non-discrimination, that of the best interest of the child and social security, the
civil right to a name, and nationality. The due right to education and right not to work And finally,
the right to play and to recreation, very specific to childhood.
The declaration of the right of the child, adopted in 1959, was hardly implemented. More
importantly, thanks to new scientific knowledge, and the 60s youth and civil rights movements,
the international public opinion evolved a lot. Shifting away from the principles of the declaration.
In 1979, the UN held the International Year of the Child. This revived the Polish delegation's
desire to adopt a convention on the right of the child.
He drafted a binding version of the 59 declaration and sent it to the Human Rights Commission
for Adoption. This seemingly simple transformation process rapidly became a marathon.
The Human Rights Commission decided to include the data collected during this special year in
the convention.
A conference on children's rights was held in. The conclusions of the conference were sent to the
Human Rights Commission, and almost entirely integrated into the draft Convention.
If some of the 21 principles were that of the formal declaration, education, health, recreation,
child labor, the novelty was that some aspects related to children's human rights were integrated
In the draft convention. If some of the 21 principles were based on that of the formal declaration
health, education, child labor, recreation, the novelty was that some aspects related to children's
human rights were also included.
Such as the right of the child to be consulted on matters affecting him or her, the freedom of
thought, of expression, of association.
The notion of evolving capacities was also introduced in order to relate children's special rights
with children's equal rights. This brand new text, written by lawyers and integrating current vision
of children's rights, was a good start, however, national delegates had to make it acceptable to
their governments and this took another decade.
Every article was adopted on the basis of general consensus. Also, Delegates were not specialist
of issues related to childhood. Help from the civil society was much needed.
Ango's gathered together with the help of the department of external relations of UNICEF. From
1984 on, the Ango group provided delegates with specific information It effectively highlighted
blind spots of the treaty and had much influence on fairly consensual issues such as
encouragement of breast feeding, ethics of school discipline, and prohibition of harmful traditional
practices.
However, it did not always have the cloud to advance the cause of [INAUDIBLE] issues such as
child trafficking and participation in arm conflicts.
The NGO Group was crucial for the adoption of the convention because it allowed a wide
dissemination of the treaty before the work was even completed. This was fundamental for two
reasons.
First to ensure that growing gap between industrialized states and third world countries due to
different understanding of children the rights and the needs would not ruin the project
It's organized numerous regional conferences to ensure effective support. Thanks to which, the
convention was unanimously adopted on November the 20th 1989. Secondly, this vast
dissemination of the convention prior to its adoption Allowed it's and preceded it lightening fast
entry into force.
Less than a year after its adoption over a hundred states were signatories and the threshold of
20 ratification was crossed.
The convention became force of law In member states.
In short, from protection rights to fundamental freedoms, from a declaration of principles to a
legally binding instrument, within 40 years after the end of World War two, the child became a
subject of law in its own right in the light of intergovernmental arena
Thanks to negotiations in the back stage. [MUSIC]
2.7 Regional evolution of children's rights:
voices from a recent past - Introduction
[MUSIC]
>> Now we will show you three sequences presenting the evolution of the children's rights
debate in various settings. Africa Latin America and Asia with a focus on India's experience.
>> I'm going to speak about evolution of children's rights in Africa, the harmonization of children's
laws in domestic legislations in Africa. And a bit of reflection of some of the opportunities but also
the challenge that exists in terms of pushing the boundaries for the realization of children's rights
in Africa.
Historically, I think it would be very difficult to say that traditional Africa respected children's
rights. But I think, while saying this, we also need to acknowledge the fact that a number of
practices within the African continent. Actually indicate that women and children were actually
given a lot of values. You might find some practicing some traditions where, even during times of
war, children and women are to be unharmed. So even though that the notion of children's rights
is a relative feat recent import. I think there are a lot of areas where the African continent as a
continent but also national state or respective counties can actually be proud of. Now, in terms of
a regional instruments, the African charter or the rights and welfare of the child faces its
background from 1979. In 1979, the Dale organization of African community decided to come up
with a declaration on the rights and welfare of the child. It's not able that 1979 was also the year
that the convention on the rise of the child was actually proposed by the government of Poland.
So, the build up towards the African child and the rights and welfare of child, traces it's
background from 1979 when this declaration was made In 1990. 1989, 1990 a drafting of the
African charter on the rise where the child took place and in 1990, immediately after one year.
The adoption of the commission rights of the child, the African charter on the rise where in the
child was adopted. At that point, from 1990 onwards it took 9 years for the African Charter on the
Rights and Welfare of the child to come into effect. But I think it's also important to recognize that
even before it came into effect, a number of African countries were taking account of that
instrument. To actually overhaul all legislation, most of it was inherited from the colonial era. So,
in terms of harmonization of children slows in Africa, the process for harmonization has started
much earlier before the African child on the rights with the child was adopted. But, it's gained a
lot of momentum after the adoption of the Convention Rights of the Child and the adoption of the
African Child on the Rights and Welfare of the child. Currently, a lot of African countries have
adopted new laws pertain to children's rights. Some are called Children's Acts, Children's
Proclamation, Children's Status. And one of the peculiar things that actually come in and noted
from most of these instruments, is that they combine provision post from the convention. And the
rest of the child pro, so the African Charter on the rights and worth for the child. And many
countries In fact, more than 35 to 40 countries have overhauled their main legislation that
pertains to children's rights in their respective jurisdictions. One particular element that is also
noted is that why most of this countries actually under take the harmonization of their laws,
fighting to children's rights. Different countries have taken different route, sometimes it's half
come up with a comprehensive children's act of statute. That covers protection well being are
also civic, are also criminal justice and juvenile justice issues. Other countries have gone in a
direction where the main children's statute actually covers issues of custody protection so forth.
And coming up is an additional statute or law that actually covers the juvenile justice issues. An
example of the latter could be South Africa that has the Children Act 38 of 2005 covering many
issues pertaining to children's side. But also the child justice act that came into force in 2010,
covering issues pertaining to the administration of juvenile justice. Now there are a number of
challenge that children's rights in Africa currently face and some of them have been there for a
long period of time. Maybe the most important one is the issue of poverty, child poverty is very
and poverty is a cycle. If the grandfather or grandparents were living under poverty, the parents
will probably under poverty and the children will continue that cycle. And of course in the majority
of instances their way to break this cycle is through education and a number of African county's
have recognize. And increasing and continue to recognize the role that free and compulsory and
primary education continues to play. Secondly, the challenge that are post by traditions, customs
and religious practices, that go against the provisions of the African charter still continue to post a
lot of challenge. Issues of issues of child marriage, or a number of other harmful practices that
are prevalent in a number of African countries continue to pose actually for the realization of
these rights. Certainly, the development of institutions that aren't properly given the mandate, that
actually have sufficient resources, both human and financial resources. And that actually our cost
cutting and properly coordinated continues to be a big challenge. For instance, in a number of
African countries where juvenile courts are established in the majority of instances these courts
only exist in the capital city or in some of the major cities. They don't have a national coverage,
so in this regard accessibility for the purpose of the [INAUDIBLE] of juvenile justice becomes a
very big challenge. In terms of rolling out birth registration, it is extremely important that the
institutions that are involved in the registration of birth are actually prepared with resources
financially but also in terms of human resources. They need to be able to go at the lowest level,
be it district, local level in order to ensure that every child is registered immediately after birth. So
the effort of African governments to establish, designate, and to reinforce the various institutions.
National human rights institutions, statistics institutions, ministries dealing with children's rights,
ministries of education, ministries of health, and the kind of training. In capacity building, the
prices that are working with and for children in these various institutions is one of the biggest
challenge that we face as we move forward. But I don't only want to talk about the challenge that
we face, I also have to say a few words about the opportunities that currently exist. For instance,
a number of countries' economies are growing significantly. Fort instance, Ethiopia has been
registering economic growth in the range of of 9% to 12% in the last 5 years and this is not
peculiar to Ethiopia. A number of African countries have registered a number of significant
economic growth in the last five years. So the opportunity to translate some of these financial
resources and economic to something positive to the live reality of children on the ground is
actually extremely huge. And a number of African countries and a number of political leadership
is completely aware of this opportunities and is trying to tap in to them. The other opportunity that
currently exist actually comes up with the sustainable development goals. A number of African
countries have taken a lot of advantage in terms of the The Millennium Development Goals that
have had to promote children's rights. And there is still a lot of hope in terms of how the
forthcoming sustainable development goals will have to push the boundaries for the realization of
children's rights in Africa. And sadly, a number of African countries still realize the role that
traditional leaders, religious leaders and customary leaders actually play for the realization of
children's rights. In this regard, it is becoming increasingly important to involve traditional leaders
and religious leaders and even priests, imams to talk about children's' rights in their sermons. To
denounce some of the harmful practices that actually go against children's' rights. And by making
sure that this important opinion leaders, and these not only particular to one region in Africa, it is
true for all corners of the African Continent. By bringing them on board for the realization and
promotion of children's rights, quite a number of significant progress is being made.
>> Hello everyone, I'm going to talk to you about evolution of child rights in Asia. Asia is a large
and populous continent where 60% of the world's population resides. In terms of only the child
population, India has the highest child population in the world followed by China. It is also a
highly diverse continent in terms of social organization, economic status, political system and
cultural ethos of countries that form the Asian continent. Therefore, it is difficult to make a
generalizations about how childhood is experienced and how children's rights are constructed in
Asia. If you see the map here, you will find that the UNCRC is rectified by all Asian countries. In
fact, they were among the first set of countries to ratify the treaty, despite the huge gap that
existed between the provisions that were laid down in the UNCRC and the existing realities in
these countries. Optional protocol to the UNCRC on sale of children, child prostitution, and child
pornography has also been gratified by all Asian countries. The optional protocol of involvement
of children in conflicts has been gratified by almost all countries in Asia with the exception of the
democratic people republic of Korea. The optional protocol three of communication procedure
has been signed by only Mongolia and Thailand. There is no regional charter or treaty of child
rights, similar to what Africa has.
There is a SAARC convention on regional arrangement for promotion of child welfare in South
Asia, but it does not include all dimensions of regional specificities that are associated with
childhood in Asia. Although article 37 of the VNR declaration underline the fundamental rule of
regional arrangements, in protecting, promoting and realizing human rights at the regional level.
Affords to establish any kind of regional mechanism in Asia, on human rights has been
unsuccessful so far. Child rights violations in the region also present a very stark picture.
Problems such as hunger, malnutrition, lack of access to education and health facilities, poor
quality of education child labor, trafficking of children for labor. As well prostitution, homelessness
due to large scale of organization, child marriage, children coming in conflict with law, child
sexual abuse. Children affected by natural as well as man made disasters are some of the main
problems seeing in the region. Existence of domestic legislation addressing these problems has
been unnecessary but not a sufficient condition to protect children from these abuses. Speaking
specifically about the Indian context, we're the largest child population of the world resides.
There has been a growing acknowledgement of child rights at the policy level since early 2000.
This can be seen as increasing juridification of child rights in India using the tripology suggested
by Blechnum at Molando. In 2008, there are at least three process evident in relation to China.
First we find that there is an expansion of actors and practices are being regulated by legislation.
We see this in the context of right of children to education act of 2009. That is regulating various
practices pertaining to children's education. The protection of children against sexual offences
act is another example. The second process of [INAUDIBLE] that we find is the hardening of
policy provisions for child rights. By getting them incorporated into [INAUDIBLE] Because new
groups are now getting recognized and viewed as legal subjects. For example the advocacy
around the legislation for young children, indicates that there is a push to get the young children
seen as legal subjects. And their entitlement a qualified through legislation and code is the
process by which conflicts are increasingly being solved by. And with reference to log as we see
through happening through increased access to judicial recourse when there are violations. I
would now like to conclude by raising two main tensions Intercalating drive rights agenda, then
the social-political discourse in the region. The first tension relates to the classic debate between
universalist and relativist positions. And it is important point out that these are sharp work and
more acute in the case of children in Asia where children's rights are seen to be upsetting Asian
values. The second tension relates to the fact that countries, especially those from South Asia,
which are the the economic status. Have not been able to provide for children's economic, social
and cultural rights. Under the pre-text that these are not affordable and countries have also
remained indifferent to children's civil and political rights. Because children are not seen as a
[INAUDIBLE] the entire range of first, as well as second generation of rights. Get side lined
making the provisions of UNCRC a I hope this encourages you to study and work on child rights.
[MUSIC]
3.1 Introduction
MUSIC] Hello, and welcome to the module on Interdisciplinary Children's Rights Studies. >> We
both teach and do research at the University of Geneva Center in Children Right's studies. In this
module we will explain what this field of study is about. >> Now Children Rights has to deal with
the social and legal position of children in society. It involves quite a number of sectors like
education, welfare or think of urban planning or even international law. >> It involves a wide
range of factors such as judges, national or local administration, international organization, think
for Einstein's of UNICEF or Save the Children. It involves also highly committed individuals who
whole have ideas about how to best defend the rights of children.
>> In a first video I want to explain why an academics centers such an ours in Geneva is
interested in studying children's rights. >> And also say something about the differences between
advocacy of political positions and an academic perspective on children's rights. >> I will the
explain what interdisciplinary team means and how this concept is relevant for the study of child
and childhood. To make this abstract notion of interdisciplinary more concrete, I invite you to join
me in a kitchen for a cooking session around fruit salad and smoothies.
>> Now not everybody involved in children's rights has the same opinions about what children's
rights are. In the next video I will address some schools of thought in children rights which
explains the different positions you can encounter on the field in children's rights. >> We have so
invited some colleagues to participate in this module. Sociologist Tom Cobber will explain the
importance of urgency and structure in the field of childhood studies. >> Then, anthropologist
Haas will explain recent evolutions in the field of childhood anthropology, and also highlighted the
importance of this field for the study of children's rights. >> We hope the mother will show you the
importance of children's rights not only as a large field of professional practice but also as an
emerging and entrusting field of interdisciplinary study. [MUSIC]
3.2 Interdisciplinary children's rights studies
[MUSIC] In this video, we will explain the particularities of the field of children's rights studies as
compared to the broader social field of children's rights. So I will emphasize why we speak of
studies in this field, and also say a few words about the interdisciplinary features of the study
field. Now, why do we speak of children's rights studies? At University of Geneva, I work in a
center which is called Center for Children's Rights Studies. And I think it's important that this
word studies is added to our name. I will explain in a few words why that is. Now, first, children's
rights and the idea that children have rights was of course not an invention by academics. It
became inscribing in actions in the field leading up to the 1989 UN Convention on the Rights of
the Child. And when in academia that position on the importance of children's rights was taken
up, initially it was mostly from a legal and philosophical perspective. So questions that were
asked was, well, for instance a philosophical questions is, why should children have rights and
what should be the rights of children? Or more legal questions like, what is the content and
normative value of the provisions that are inscribe in the convention of the rise of the child? Other
questions could deal with the implementation mechanism or the monitoring of the conventions on
the rights of the child.
Now, that was in the early years when academics were interested in children's rights. Now,
overtime more and more fields and disciplines became interested in this children's rights reality
and also sociologists, anthropologists, or political scientists and many others became involved in
studying the field of children rights. The questions asked, however, slightly evolved and we're no
longer only dealing with the legal and philosophical context of children's rights, but also with
broader questions, like for instance, what are the consequences of children's rights in the social
practice?
Who are these child right defenders for instance, where do they come from? And are also
children themselves involved in depending their rights. Why is it that certain rights gain more
attention than others? On this last question, we've done a piece of research in our center. And for
instance, we've discovered that over a period of 20 years, between 1989 and 2009, the topic of
street children, which was very important in the beginning of the 90s lost attention. So
international organizations, who at the beginning of the 90s spoke a lot about street children by
the end of the year 2009 hardly spoke of it. There was a shift in attention and we ask questions
how comes. How comes that people speak less of a particular right or a particular category of
children, like the case of children in street situations over a period of 20 years?
Now, to be able to answer this questions, you need to take a bit distance from the field itself. It is
difficult to be at the same time promoter of children's rights, and then also to study them.
This is where the words studies come in. Studies points at a reflexive position. Why are the
things as they are? And so, it's hence also a critical position.
Why is this NGO promoting these particular rights and not others? Or why do children have
played only such a small role in defending their rights?
And how was it that certain rights were put on the international agenda rather than others?
So children's rights without the word studies is a political, social project in a broad sense. It is
about striving for justice to make a better world for children, to defend children's human rights. So
it's about engineering. One thing to move society in one direction, in a particular direction.
Children's rights studies deals with the studies of these endeavors. It is more about
enlightenment about understanding what happens. Both are of course needed. But children's
rights studies, they are the perspective of academics
who are concerned to carefully explore, understand, explain the world rather than direct policy
making or social struggles for those to remake the world.
Now, why do we call this an interdisciplinary field of studies? This could be illustrated if we look at
two major journals of the field. The first is the International Journal of Children's Rights which list
a number of disciplines that all participate in the journal. So research is coming from diverse
range of fields published in the journal
to discuss children's rights to contribute to their great understanding. For instance, law legal and
political philosophy, psychology, psychiatrist, educational theory, social administrations, social
work, social anthropology or even theology or history all contributes through this journal.
In another journal, which is called, child hood, global, a journal of global child research.
Researches come from, well initially, sociology, but then it was also complemented by views from
other disciplines who all. Discuss childhood studies, but also on children rights. They come from
social and typology geography besides sociology, political science, political economy and so
forth. So in the next video, My colleague Frederic, he will explain a bit more how these disciplines
can work together to better understand children's rights.
Now, here, I have highlighted that children's rights are not only important as a field of social
changes where advocates, policy makers, judges, administrators
make policy changes or legal changes in the field of children's rights, but it is also an emerging
and exciting field of interdisciplinary study.
It approaches children's rights from a more reflexive and also more critical perspective. [MUSIC]
3.3 Fruits, salads, and smoothies: working
together for understanding children's rights
[MUSIC] Welcome to this special place of professional kitchen to address the issue of
interdisciplinarity. Before starting, we thank you to the Chef Damien Germanier to welcome us in
his workplace and to participate to this experience. To explore the idea of interdisciplinarity we
draw our inspiration from Martini Sunny and it's culinary metaphor and he cited in his paper,
fruits, salads, and smoothies, are working definition of interdisciplinarity.
Interdisciplinarity is not a simple buzzword. It is a new way of thinking about wicked problems,
such as children and childhood. But we speak about interdisciplinarity, but what is it exactly?
We have finally to understand the nature of interdisciplinarity
by defining a series of concepts, starting from disciplinarity to go to inter and transdisciplinarity.
The culinary metaphor will be our guide and illustration.
Indeed, each discipline is like a food, more or less familiar or exotic depending when we are in
the academic world.
The disciplines that's study children and childhood have numerous low physiology, anthropology
educational science is medicine and so on. Each discipline, each fruit have it's own foundation,
history, firms, concepts, method tools, they each have a specific taste, color and texture.
In this first phase, the diversity of food disciplines offers a vision of a fragmented world.
A world in which each discipline noted A, B, C, D, and so on, builds its own object of study, Oa,
Ob, Oc, and so on. Each discipline analyses its own object of study, are the basis of its own
disciplinary language and commutative tools.
Welcome to the world of disciplinarity, an organization of knowledge in silos where each
researcher or practitioner sees a child in only one dimension.
The child is conceived as a social or biological or historical or psychological being. Other beings
separated into many dimensions.
In the same direction, multidisciplinarity is studying an object by referring to two or more
unconnected disciplinary viewpoints without any real interaction between them.
Of course, a child is considered by your pluralistic view.
But the discipline are simply juxtaposed.
Each discipline certainly shows some scientific imagination.
Each food, each discipline has its taste, value, and quality.
Each discipline finally contributes to the advancement of knowledge. But the China's wall is
separated into several parts missing a comprehensive and integrating understanding.
To go further, it's now necessary to go beyond a simple juxtaposition of disciplines. To make a
cognitive leap, to allow a new interdisciplinary approach, to give finally a different flavor to our
vision of the child.
Dear participants, we must shape disciplines, we must deconstruct them and reconstruct the in a
more dynamic and interdisciplinary perspective.
The interdisciplinary process consists in breaking down the discipline fruits to reaffirm them, as in
a fruit salad.
All the fruits are in the fruit salad, but they are reorganized differently.
There is now a dialogue, an interaction and integration between the disciplines, a synthesis
between them for a global understanding of children rights. A new step, a new step on the
continuum in the mixture of forced disciplines can be taken now.
The mixture is always different depending on the number of and the distance between
disciplines.
Interdisciplinarity is also a and degree of integration.
When the fruits disciplines are transformed by your child transdisciplinary mixing where all
disciplines on fruits
In the direction with each other in a more dynamic interconnected and global system, a new taste
can now emerge and create a unique flavor a sorts of smoothie beyond. The taste of each fruits
of each discipline.
There is no value judgement here, we recognize the flavor of each fruit and its disciplines
contributes to invent a transdisciplinary taste, more or less written complex.
So transdisciplinarity is a process of thinking that transcend disciplinary boundaries and propose
reconfiguration of disciplines we need a systemic global and integrated perspective.
Transdisciplinarity unfolds behind the diver's scientific cultures, behind the humanities and the
natural and life sciences.
Transdisciplinarity is also a research method in a problem solving perspective that brings
together the scientific community and the economics, social, political, stakeholders as well as
citizen and in particular in our case children.
Finally, from disciplinarity to intel and transdisciplinarity, there is a carry on dynamic in
cooperating the disciplines into a network of relations that become more integrative and
transformative. In summary, in conclusion, we do not hang to give you any ready-made or
predigested recipes. We provide a thought an apparently simply but highly complex process
which can be synthesis into three complementary flavors.
First, identify the relevant disciplines to address complex problem in the children's rights field of
research. Secondly, break down the disciplines and reassemble them in a more integrative and
interdisciplinary perspective. And finally, makes it all to reach the horizon of transdisciplinarity
knowledge.
In conclusion, let's express your skills of researcher, practitioner and master chef. [MUSIC]
3.4 Schools of thought in children's rights
[MUSIC]
Maybe some of you remember the story of Laura. She was a 15 year old Dutch girl who, a few
years ago, she wanted to undertake a tour on a sailboat around the world all by herself. Now, this
issue rose quite some controversy amongst people in the field of children's rights. Because for
some they thought, well, she might be too young to be doing this, no? At 15, isn't that too
dangerous? And so, she needed to be protected. Protected against herself, against her own
foolish ideas. But also protected against maybe her parents, who might be putting too much
pressure on this girl to undertake a solo travel around the world on a sailboat.
Others at the other hand, thought, well, if she's 15 and if this is really what she wants to do, why
can't Laura do this? Isn't this her right to participate or her right to autonomy to be the doing this?
Now, in the field of children's rights, we see many of these kind of controversies. So it isn't
because people say children's rights are important. That they also think that they have the same
idea about children's rights. And so, there are different ways of looking into children's rights. In
this video, I'll try to explain using four schools of thought in children's rights. How we can
understand these kinds of controversies. So I will be presenting to you four schools. Paternalism,
liberation, welfare and emancipation. Before presenting these four schools of thought, I would
well first say few words about the issues of which people might have different opinions. First,
there was the image of the child. And there's competence and also the rights of children. On the
image of the child, you could say broadly speaking that some people addressed children as
becomings. Children are the future is a very famous saying. And so our children becomings or at
the other hand are children beings in the here and now. Should we consider them as any other
person who's a being? So there's discussion about seeing children as beings or becomings. The
second level on the, over which there's debate, deals with competence.
Our children, like Laura, do we have to consider them as being competent? Capable of making
decisions on their own? Or because they lack some experience or they're not full grown yet, are
they incompetent? And with that, who has to provide proof? Do we have to provide proof that
children are competent? Or do we have to prove that they are incompetent? And then, the third
dimension deals with the rights of children. In the convention on the rights of the child, which is
very often summarized by the three Ps, the rights to participation, position, and protection. So
you have the rights. Why do we have to emphasize? Is it the rights to participation, the right to
profession, or is it the right to protection that takes it over? So these are the issues over which
there is a controversy, but let's explain this or try to understand this by turning to the first school
of thought which is paternalism. Now, in paternalism, the childhood image, or the main way of
looking at children, is as becoming. Children are growing, so they are becoming adult citizens.
They are incompetent because, well, they are just not fully mature, thus they are becoming. And
the rights they have, well, they have a right to be protected. Like in the case of Laura, you would
say, a paternalist would say, well, no, she can't go on herself make a tour around the world. Her
future is important and that would hamper her future, her future education if she's on a boat for a
whole year or longer. And she's not competent enough to make these kind of decisions. Both
physically, she might not be strong enough to sail around by herself, but also to see the
consequences of her decision.
And so, what she needs is to be protected against herself maybe but also against her parents
might push her too much. So for paternalist or in that perspective from paternalism, probably
Laura would not be allowed to make that big voyage around the globe.
A second school of thought which is at the opposite of the bottle is liberation.
In liberation or sometimes also called anti-paternist, it's everything goes the other way around.
So the question is, the child is, what is the image of the child? Well, it's a being child. The here
and now is important. And children are competent, they're as competent as anybody else. Why
should they be incompetent? And they have rights, of course. Children's rights deal with
participation rights with the right to autonomy. So from a perspective of liberation, Laura would
definitely be able to make her decisions by her own. Well, in the here and now, if this is what she
wants to do, she's a competent 15 year old so she would be granted the right to undertake that
kind of big tour around the world on herself. Now, these two paternalism and liberation or
extreme signs of the school of thought. In the middle, there are some more nuance positions.
The first one is the welfare position where the childhood image is both becoming and being, but
in the other order. So we consider children as becoming because we have to consider the
children's future, developments, future chances, but at the same time they're also being.
They are considered incompetent but you can, as a basic standpoint, but in some instances
there might be proof that children can be declared competent. So we have to provide proof that
they are competent. And thirdly the rights they have, well, they have the full catalog of rights. So
they have a right to be protected, they have rights to provisions, and they also have rights to
participation. Now, very often from a welfare perspective,
the rights of children are approached so the three sets of rights count but they are approached in
that order. So first we look at, are children sufficiently protected?
Do they have access to certain provisions like education and welfare structures? And then, we let
them also participate in the way how their protection is organized. So that the order of
approaching the rights is important. So from a welfare perspective, maybe most people from a
welfare perspective would probably decide first that well, in general, no. Children of 15, they
should not be able undertake this kind of very risky undertaking, and sailing all by themselves
around the world on a sailboat. But maybe so in the case of Laura, who had been living on a boat
almost half of her life, she might may be considered extreme or competent in that area. So
Laura, yes, but maybe other kids would not be considered as competent.
And while if we can make sure that she's sufficiently protected if their assistance on the way, is
her education guaranteed? For instance, distance education? And then, she can then participate.
So maybe from a welfare perspective one might conclude that, well under certain conditions, that
Laura might undertake this kind of voyage by herself. The third school of thought is
emancipation. And in emancipation position, you'll also find again the same balances as in
welfare school of thought but starting from a different angle. So first, children are seen beings in
the here and now and also becoming. They are considered competent, unless proof is provided
that they are not. And they have also access or they have the right to participation, provision and
protection, so the same set of rights. But if you might have seen the order of the dressing or
approaching the rights, has been inversed. First, from emancipation perspective, the right to
participation's considered important. Second, the right to provision and third to protection. So
from that perspective there might be a bigger chance that people would let Laura go off, making
sure that, yes, she's being person so she has this right to do that. [COUGH] And she's
competent, and there's no proof that she would not be competent for undertaking this voyage.
And maybe in the case of another child who does not have the same experiences like Laura, of
living on the boat knowing how to sail, they might be proof that she's not competent.
Now, to summarize, if we take back these four schools of thought and we compare them one with
the other. So this is a way to look a bit at the controversies into children's rights to think of where
do we situate one or the other organization. It is not, of course, the absolute way of looking into
how people discuss children's rights, but it helps to organize our thinking, to see that some
people approach children's rights more from a paternalistic perspective, others from the opposite,
from a more liberationist perspective. And it helps us sometimes understand why people might
diverge? Why opinions diverge around children's rights even if people call themselves all child
rights defenders? And my last question will go to you and it's, where would you situate yourself in
these four schools of thought? Would you think of yourself as paternalist? Or maybe as a
liberationist or would you be feel more comfortable with a welfare or an emancipation
perspective? So it's up to you to decide. [MUSIC]
3.5 Agency and structure in childhood
studies
[MUSIC] Hello, I'd like to talk about the sociology of childhood, or childhood sociology. This
occurred around about the 1990s, at the same time, the Convention of the Rights of the Child.
The sociology of childhood was influenced by the publication in 1990 in the UK by Allison James'
and Adam Prout's, Constructions and Reconstructing Childhood.
What sociologists of childhood do is develop really the ideas that were embedded by sociologists
before the 1990s. And that was a concern with elements of structure and agency. It
corresponded to similar movements within history, where men were making their own history, but
also affected by historical forces. Harry Hendrick wrote some very good histories about how
children were affected by representations of themselves. But also how children could affect their
own representations and their own agency through a system of resistances. But essentially, what
sociologists do is look for notions of social structures. Which include a variety of things such as
social classes, movements of capitalism, wider historical forces. But also other social structures,
how they interact with childhood around social class, gender, ethnicity, religion, disability, and so
on.
And one of these structures around which
looked at was looking at children as a social class in themselves. And looked at the way in which
generations shaped society. And how childrens put together as a social group could be looked at
as a social class and moved to some kind of social changes. But of course, what was perhaps
more influential was the way in which feminists and other writers looked to see how the
structures of gender, looked at childhood and affected childhood, because of course, children are
both male and female.
Also, some of the sociologists of childhood have understood a variety of phenomena which
sociologists have been traditionally been interested in. One of those would be children as
consumers. And Dan Cook's work exemplified this by looking at how children were developing
their own sense of consumption, how their consumption of products affected their identities. But
also how they were not passive to situations like advertising and other structures which were
looking to develop them, which traditionally, sociologists presume that they were passively
following. Instead, Dan Cook looked at the way, this was rather more of a complicated picture
and that children made very, very rational and informed choices around their consumption habits
and how that affected their social identities.
Also, the sociology of childhood was interested in looking at how children lived their lives. And in
particular, what interested sociology of childhood was about their everyday lives that they
experienced within a variety of institutions. Such as families, school, the street and other kinds of
social activities. And what the sociology of childhood were really concerned with was about how
the everyday, which was traditionally being considered unimportant by sociologists, was in fact
very important. Because that was where they lived their lives. And also that they were shaping
their lives, and those of their parents, their teachers, their friends, their neighbors, and so on, and
so forth.
There are also other studies in the sociology of childhood which were looking at the way in which
children consumed the media. Again, the traditional assumptions around social sciences was
that children were rather passive to media representation. Instead, looking at how children used
the media, that they looked to use it in far more creative ways than was originally thought. Again,
David Buckingham perhaps key in leading that body of studies.
My own work around the sociology of childhood has been really concerned with issues of
participation. Here, we can see the elements of social structure and agency. By agency, meant
that the way in which children could shape their own lives and had more meaning attached to
their social structures and could lead to social changes. So in terms of looking at participation,
children's participations for example, in school counsels, were of course structured by the
agendas of teachers and other adult leaders. However, children used these opportunities to
participate, to try and make decisions within their schools. But also, outside of the environments,
that they team together and discuss things in their own right.
So, really, I think sociology of childhood by looking at the way structures and agency combine,
could also give some elements of where we can understand children's rights, and the operation
of children's rights. For instance, a convention of the rights of the child gives a system of rights
which is used across the globe. But what I think the sociology, the sociological perspective does,
is it is interesting in how those are interpreted by children themselves. So for instance, children in
the developing world who work, and again, that was something that was looked upon by Western
organizations as inevitably a bad thing. However, children themselves interpreted it in different
ways. Of course, there were some elements amount exploitation, but perhaps the most
encouraging phenomenon that is certainly being mapped is around the children's trade union
movement. And of course, children contribute to social change, which social change has always
been an interestive sociology. And by focusing on their everyday lives, looking at things such as
actions such as picking up litter. Those contribute to the way that the environment is sustained.
Because children aren't just doing those small scale things. Older children, for instance, were
participating in the anti-war movement in 2003, where they left their schools in order to
participate in demonstrations.
Perhaps where we're going to recently, the sociology of childhood is moving towards
understanding the developing world. And realizing that they are, in fact, children in China, India,
Africa, South America, and across the globe. And those are something that are traditionally been
looked at from the childless victim. Instead, we see children acting in a more age-agentic sense,
if you like, about how they looked to construct their world in ways where they aren't passive, and
can even do some rather good resistances.
And so, really the sociology of childhood to end up with really, is around the idea of structure and
agency. And again, I think when we're looking at the convention of the rights of the child and how
that's being understood and utilized. That the people who work with the convention of the rights
of the child are interested in very similar issues around structure and agency. How children are
constrained about things and what kind of things children can do in order to make their rights
more real to their daily lives. [MUSIC]

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Children's Human Rights - An Interdisciplinary Introduction B.pdf

  • 1. Children's Human Rights - An Interdisciplinary Introduction B University of Geneva 2.1 Introduction [MUSIC] Hello everyone, it is a real pleasure for I to introduce you to this module dedicated to the history of the children's rights. Now, how to approach the history of the rights of the child. First of all, how can we define this concept before tackling its history? Are we talking about rights as formally enshrined in international law? If so, this definition would surely limited history of children's rights to its sole legal aspects. And therefore, of course, it would reduce our narrative to the last century, between first, the adoption of the first declaration of the rights of the child in 1924, and on the other hand, that of the United Nation Convention on the Rights of the Child in 1989. >> Instead, we have decided to take you through a much longer journey through time and space. According to us, the concept of children's rights takes its roots well before the 20th century, as soon as adults come to consider children as specific beings with specific needs and profile. This module highlights that this moment is difficult to date. The child was already considered with a specific interest in ancient times, especially in respect to his health, as historian Philip Reeder will demonstrate. This movement steadily increased over time, particularly during the industrial revolution, which finally calls the Western states to enact laws to limit child labor. >> To recognize that children were special, indeed led modern societies to assert their own duties toward them, such as providing education and also protection. Historian will make this point quite clear. >> During the 20th century, Western societies went from this duty-related approach to a more ambitious one, that of the assertion of children's rights beyond national frontiers, on a universal level. Rights that had to be defined, promoted, and implemented. That is what happened with the advent of international advocacy networks, as we will show. Witnesses of these transnational and transcultural processes, will join in to complete the picture. >> And finally, you will come to realize that the history of children rights is not linear. Indeed, our narrative will be made of striking advances, but also stunning setbacks. It will show that nothing is ever settled nor should be taken for granted in this area. As for now, we invite you to join us in this rather chaotic journey of children rights through modern history. [MUSIC] 2.2 History of childhood: a state of the art MUSIC] There are few cases in history where the birth of a can be precisely dated. The history of childhood is one of these exceptions. Indeed, this specific field of restorical interest was born in 1960 with the publication of the famous book, the French historian Phillippe Aries, Centuries of Childhood, A Social History of Family Life. True, even before this date, a fair amount of research had already been led by historical demographers after World War II. Biological structures of everyday life in societies. Among other features, they pointed out the mother of the nuclear family already prevailed back in the 17th century. Due to the high infant mortality rates Which of course limited the size of the families. But this demographic approach made it difficult to grasp exactly what will happen within Within these families, in terms of emotional relationship. Idea was to find all the all the archives, such as family archives and so on. In order to track down precisely the emergence of what he called Now, how could you translate this idea? You could translate it as a sense of a feeling about childhood. What he really meant by this expression is the will to consider the child as a specific being with specific need, requiring specific care, specific measures of protection. According to Philip it was not until the 17th century that regime societies recognized and valued childhood. As a consequence of this rather late discovery of childhood as put it Western societies would from then on develop a whole new range of attitudes, discourses, and institutions, specifically dedicated and directed to children. These institutions were intended to cater to their specific needs, for example, in terms of education. Now Arya's conclusions arose much controversies and criticisms. As a result, many historians have since then discovered or used various archives in order to contest or on the contrary to validate his opinions Anyway, no doubt the history of as a field of research was directly fed by such controversies, such debates, before becoming a separate discipline of its own right, something like 30 years ago. Philip Arya's main legacy was not only to draw attention to an area of research so far, barely studied. He also contributed to validate the idea. The chance within youth are no timeless categories. Rather These are categories which are socially constructed which means they change and evolve over time. And if the representations underlying the perceptions of childhood and youth evolve over decades or over centuries Then of course institutions or policies that embodied these very ideas change as well. Historians have then been prone to delve into the archives to try to understand precisely how childhood perceptions have changed over the centuries. And also, of course, what were the effects of these changes in terms of new policies, new institutions, new actors taking care of children and youth. This is particularly true with a dominant feature of contemporary politics, that of state intervention.
  • 2. Historians have dedicated many rich case studies to understand how and when states did make it a priority to safe guard, manage, control, and protect childhood. Other result is true of child who have now come of age. Case studies and scholarly works do abound, relating to all categories of children and youth. Even in terms of age, in terms of gender, in terms of social class, in term of ethnic origin. Their life courses have been duly explored, such as conditions of birth. Family ties, schooling, child labor and so on. And also, unconventional or exceptional children have also been widely considered and widely explored, as well as the special institutions which were entrusted with their care. Such as, for example, institutions for disabled children, orphans, or also young offenders, girls and boys. More recently, the life of children in the globalized world has also come to light, thanks to studies that strive to measure the impact of globalization process on the lives Of younger generations. Particularly of course in recent decades. Children may have been negatively affected by globalization. For example by colonization or migrations. But they may also have been positively impacted. For example By the modelization in favor of human rights, devices specific to children, for example, ILO campaigns against child labor. Finally, we can say that history of childhood appear as a quite dynamic field of research. And yet Some gray areas still remain. The most intriguing of them would be the difficulty to take stock of children's voices and feelings about their own experiences. Indeed the history of childhood as we do it today, still remains to use the words Of the British historian Harry Hendrick, the history of what adults had thought about and done to children. Let us hope that someday somehow historians will finally find out how to make these distant voices of children heard. This will further enrich Is already well known, centuries of childhood. [MUSIC] 2.3 Children and Health from the Renaissance to the Revolution [MUSIC] Hello, this section of the module aims to give you an idea of the history of children's health during the early modern period that is from the Renaissance until the French Revolution. Our first indication as to the state of children's health during that period is given by demographers and historians of demography who have shown that during the entire period, that is from the Renaissance until the French Revolution, approximately one child out of three died before the age of one. And two out of four never made it to the age of 20. The case of Ralph Josselin is a good example of this. This 17th century clergyman had ten children, of which five survived him. This overall picture has led to the widespread belief that parents adopted a fatalistic approach to their children's health and death, and the physicians and carers did little to take care medically of children during that period. Three fields of research have shown a very different picture. Firstly, work on medical literature has shown that as from the 16th century, many medical authors recommended specific care for children and new born. Until the age of 14, children were considered to be particular they were moist and warm. Even non specialized authors included recommendations in their published work. Generally speaking authors of medical text offered advice to parents and carers on how to deal with their children. They gave advice on breastfeeding programs, on teething pains, and how to wean toddlers. They also give advice on different children's diseases. In this literature, something like 40 different diseases were identified as being specific to children. Secondly, recent research in family history has shown that a sustained interest and care for children in families. The best examples are royal children. But examples of modest families where medical care was taken of children are also to be found in different documents. This is the case of Ralph Josselin, an English minister. I have already mentioned, who took great care of his children as one can see in his diary. Among others, Ami Lullin, a Geneva minister who in 1745 chartered the medical data of the last days of his son noting symptoms and medicines given in a desperate effort to govern him back into health. Thirdly current research on religious healing practices has shown that during the early modern period many parents were prepared to travel to sanctuaries, to a church in order to relieve a sick child. This was usually a desperate attempt to relieve a very sick child. All in all though there was no formal recognition of children's rights to health and to care In the early modern period, the overall pictures shows that society, physicians, and parents made constant and often different attempts to take care of their children. Treated children against specific complaints. And adapted medicines to the age and individual constitutions. This does not change radically at the end of the 18th century. What does change is the emergence of the conviction of the new medical knowledge could do more to reduce infant mortality. [MUSIC]
  • 3. 2.4 Children during the industrial revolution [MUSIC] Child labor in factories has been denounced as one of the most shameful events in the industrial revolution. Historians strive to explain it, examining the context. Research has already corrected a serious distortion of our view of child labor during industrialization. The focus on children working in large factories while the situation was especially disturbing is misleading. This sector was confined to only a few developed regions. The majority of children were working in agriculture, trade, or domestic service. Our research question will be why were so many children put to work from the 1780s. And why starting from the 1870s did child labor gradually disappear in Western Europe especially in industry? I will answer this question focusing first on the child labor supply. Two more question must be asked. Why were so many children available and why did so many families rely upon child labor? Demography provides the first answer. With new job opportunities, offered by industry and proto industry, more young people got married and married earlier. Consequently, the child population increased, both in absolute numbers and as a proportion of the overall population. This also means a greater proportion of dependent children, compared to the working population. With a higher child dependency, often combined with insufficient level of income, many working class families had no choice but to send their children to work as soon as possible. The participation of working children also varied according to the family cycle. Around 1900, sociologists highlighted the fact that the situation of working class families improved as soon as the older children enter the labor market. This situation forced children to leave school early, remaining unqualified and reproducing the cycle. My research in Switzerland shows that girls, compared to boys, were much more liable to leave school to be put to work, especially in Catholic regions. My second point, the demand for child labor. It was affected by change in the organization of the workplace and by emergence of new technologies. The first industrial revolution, mainly the transition from craft production to factory production, from the end of the 18th century, affected child labor in various ways. In industrialized regions, children from the age of six were put to work for 16 hours a day in miserable conditions, polishing, insufficient light, dangerous machinery. The consequences on their physical and intellectual development were dramatic. Girls were much more concerned as they were employed in huge numbers in the textile industry, the leading sector of the industrial revolution. Boys worked in sectors that have been recognized later, wood, mining, metallurgy. Subjected to harsh working conditions, they were not supposed to complain, as dominant norms of masculinity emphasized physical strength and insensitivity. Employers often used a strategy of replacing men by women or children in order to reduce production costs. The work was organized according to age and sex categories, as you can see in this Swiss example. To implement an efficient division of labor, employers had to break up the family links. And to assign each worker a specific task. Young children, when separated from their parents, were less effective workers. They were also excluded by the growing complexity of the spinning machinery. Consequently, factories became more inclined to hire teenagers. This change was a consequence of the second Industrial Revolution, starting from the 1870s. New mechanization, expansion of markets requiring management and coordination. At all levels of production, a trained and healthy work force was necessary. Children’s schooling became thus, more important. And this also explains why children were no more employed in factories. The second economic revolution also induced the changing role of the state, which is my last point. By the 1840s already, governments enacted laws to limit the age and the working hours of children. But the process was severely weakened by countless exceptions, very low penalities and quite no means of control. During the second Industrial Revolution, the state intervened more strongly. As with the 1877 Swiss Factories Act, it prohibited work of children under 14 in factories and established regular control and very high fines. However, these laws concerned factories only. They did not prevent child labor in agriculture, trade or domestic service. The most efficient mean was compulsory schooling. Parents could no longer expect children to help the family by working. The process was sped up by free schooling and by the prospect that a better educated child would be able to improve one's life. [MUSIC] 2.5 Saving the children after WWI and the Geneva Declaration [MUSIC] The history of children's rights after World War I is of particular importance. It is at this very moment that there would be formalized for the first time in western history by an international instrument. The so called Declaration of Geneva or Declaration of the Rights of the Child in 1924. Now, was this document radically new? Or rather the result of changes recorded for over a century in child welfare policies? The answer is obviously a bit of both. Western states and indeed multiplied welfare assistance for the protection of children since the beginning of the 19th century. Laws, numerous laws, had been passed to protect the child against premature work, to induce him or her to attend school. And also to punish parents who were not educating their children according to middle class norms. Or, worse still, who were abusing them. The outbreak of war in 1914 put an abrupt end to these efforts. Indeed the social and economic effects of total war hit children quite hard. What with thousands leaving their families for the battlefields, and more often than not never coming back. Working mothers, hunger, misery, mourning, and by the end of war displacements and forced migrations. In these times of war children were expected to fully engage with the war effort just like anybody else actually, age was no excuse. The end of war, however, saw a radical change of mood. Child welfare activists suddenly expressed anxiety about the possible consequences of those four long years of wartime on children's bodies and minds. It was becoming urgent, they would say, to revive pre-war child welfare momentum and prepare the young generations for reconstruction. Thus, children swiftly became a central issue in the process of reconciliation between former belligerents. Many international networks and personalities did invest time and energy in this process of international pacification. Swiss, French, Swedish, and North American humanitarian organizations were thus created. And launched relief operations toward children victims of war in Belgium, in France, in Austria, or in Germany. Indeed, the cause of childhood obviously allowed activists to reconnect and revive pacifist ideals. For all these reasons child welfare thus became a crucial issue on the international agenda. For example, a dozen of international labor conventions were adopted at the ILO to prohibit premature work for young people. For its part, the League of Nations appointed in 1925 a child welfare committee. Which was to steady and help circulate best practices models of child protection. Alongside these organizations, a dense network of NGOs proliferated. Many of them were dedicated to the defense and promotion of child welfare issues. These post-war agencies proved to be instrumental in establishing the cause of the child as an object of transnational debates, programs, and actions. Whereas before the war child protection had been based on the good or sometimes bad will of individual states. It was now a basis for international activism and advocacy. No doubt this configuration would come to constitute a symbolic pressure for states to make headway in their own social policy. Regarding children or youth. A crucial step in this transnational turning point was finally reached in 1923. With the drafting of the very first Declaration of the Rights of the Child by an agency called the International Save the Children Union. This NGO headquartered in Geneva as of 1920 drafted this charter with a symbolic title, referring, of course, to the famous French [FOREIGN]. Signed by a host of personalities, prestigious personalities, this declaration was then passed on to the League of Nations assembly in September 1924, where it was most officially adopted. This statement had no binding effect, and therefore could not force any state to implement its content. Moreover, these articles remain quite vague and did not prescribe any specific social policies tendered. But now this vagueness was intentional. With this declaration the Save the Children International Union wanted to promote a sense of obligation and responsibility towards children. A sort of moral commitment from societies to take better and more care of their children. In light of this, what were the effects of this famous declaration if any? In the short term, it probably allowed activists to take stock of this momentum. It helped them to promote innovative laws and policy models at the national levels.
  • 4. But the Great Depression of the 1930s soon crushed these hopes and efforts. In the median term, the picture looks even darker. The inter-war mobilization around child welfare issues did not prevent the most deadly devastations of World War II. And most of them were clearly directed against vulnerable children and civil populations in Europe. In the meantime, all the states faced with waves and waves of refugees fleeing Nazism. Much too often refused to offer them asylum. For many of these families, and of course for their children, such a decision signed their death warrant. In the long term, however, the picture is more positive. Indeed, the cause of childhood resumed after the war its upward momentum. Large humanitarian organizations were founded in the post-war context, with a variety of relief operations on their agendas. UNICEF would be one of these proactive agencies along with Oxfam, Care to name but a few. They would all ultimately prove that the brilliant ideal of the Geneva Declaration could, if given sufficient means and muscle, go well beyond the mere world of ideas. [MUSIC] 2.6 International Organizations and Human rights: From Protection Rights to Children’s Human Rights [MUSIC] This video explains how the configuration helped establish a new regime of human rights, in the shape of international institutions and treaties And what place children's rights had in this regime. At the end of world war two the situation was dramatic, victims were numerous, 45 to 50 million deaths of which half was civilian and 13 million orphans.The international community mobilized to assist victims and to work for reconstruction. States envisioned a new supranational organization, The United Nation Organization, and specialized agencies such as Unicef to rescue children and Unesco to ensure the educational reconstruction. At the heart of this reorganization process, children had a place of their own. The international community was willing to redefine the basis for their proper development. After the adoption in 1948 of the Universal Declaration of Human Rights, the Save the Children international union- Thought it was timely to ask the UN to reaffirm the Geneva Declaration. However, for many, the Universal Declaration was sufficient. The UN nevertheless managed to make recognized the value of a specific document for children's rights. Yet the UN considered the Geneva declaration as dated so they decided to transform it into a new charter. The human rights commission received the first version of the declaration in 1950. Busy drifting, drafting the international convention human rights. It lofted the side until 1957. At that date, tensions related to the cold war with such that the negotiations had stalled. The commissions decided to reopen discussions on children's rights. The doubts as to the relevance of adopting a treaty specific to children, in addition to the universal declaration, arose again. Members of the Human Rights Commission also wondered whether the treaty should be a declaration of principles or a Prescriptive treaty creating obligations for the states. All the debates occurred about child protection before birth. All the freedom of parents to ride their children according to their religion. However, at the heart of the Cold War Children's rights appeared to be a neutral ground. The Human Rights Commission had to come up with an accomplishment, and therefore could find compromises. These compromises produced a soft blend of general principles and enforcements provisions. Nonetheless, interesting additions are worth mentioning. The principle of non-discrimination, that of the best interest of the child and social security, the civil right to a name, and nationality. The due right to education and right not to work And finally, the right to play and to recreation, very specific to childhood. The declaration of the right of the child, adopted in 1959, was hardly implemented. More importantly, thanks to new scientific knowledge, and the 60s youth and civil rights movements, the international public opinion evolved a lot. Shifting away from the principles of the declaration. In 1979, the UN held the International Year of the Child. This revived the Polish delegation's desire to adopt a convention on the right of the child. He drafted a binding version of the 59 declaration and sent it to the Human Rights Commission for Adoption. This seemingly simple transformation process rapidly became a marathon. The Human Rights Commission decided to include the data collected during this special year in the convention. A conference on children's rights was held in. The conclusions of the conference were sent to the Human Rights Commission, and almost entirely integrated into the draft Convention. If some of the 21 principles were that of the formal declaration, education, health, recreation, child labor, the novelty was that some aspects related to children's human rights were integrated In the draft convention. If some of the 21 principles were based on that of the formal declaration health, education, child labor, recreation, the novelty was that some aspects related to children's human rights were also included. Such as the right of the child to be consulted on matters affecting him or her, the freedom of thought, of expression, of association. The notion of evolving capacities was also introduced in order to relate children's special rights with children's equal rights. This brand new text, written by lawyers and integrating current vision of children's rights, was a good start, however, national delegates had to make it acceptable to their governments and this took another decade. Every article was adopted on the basis of general consensus. Also, Delegates were not specialist of issues related to childhood. Help from the civil society was much needed. Ango's gathered together with the help of the department of external relations of UNICEF. From 1984 on, the Ango group provided delegates with specific information It effectively highlighted blind spots of the treaty and had much influence on fairly consensual issues such as encouragement of breast feeding, ethics of school discipline, and prohibition of harmful traditional practices. However, it did not always have the cloud to advance the cause of [INAUDIBLE] issues such as child trafficking and participation in arm conflicts. The NGO Group was crucial for the adoption of the convention because it allowed a wide dissemination of the treaty before the work was even completed. This was fundamental for two reasons. First to ensure that growing gap between industrialized states and third world countries due to different understanding of children the rights and the needs would not ruin the project It's organized numerous regional conferences to ensure effective support. Thanks to which, the convention was unanimously adopted on November the 20th 1989. Secondly, this vast dissemination of the convention prior to its adoption Allowed it's and preceded it lightening fast entry into force. Less than a year after its adoption over a hundred states were signatories and the threshold of 20 ratification was crossed. The convention became force of law In member states. In short, from protection rights to fundamental freedoms, from a declaration of principles to a legally binding instrument, within 40 years after the end of World War two, the child became a subject of law in its own right in the light of intergovernmental arena Thanks to negotiations in the back stage. [MUSIC]
  • 5. 2.7 Regional evolution of children's rights: voices from a recent past - Introduction [MUSIC] >> Now we will show you three sequences presenting the evolution of the children's rights debate in various settings. Africa Latin America and Asia with a focus on India's experience. >> I'm going to speak about evolution of children's rights in Africa, the harmonization of children's laws in domestic legislations in Africa. And a bit of reflection of some of the opportunities but also the challenge that exists in terms of pushing the boundaries for the realization of children's rights in Africa. Historically, I think it would be very difficult to say that traditional Africa respected children's rights. But I think, while saying this, we also need to acknowledge the fact that a number of practices within the African continent. Actually indicate that women and children were actually given a lot of values. You might find some practicing some traditions where, even during times of war, children and women are to be unharmed. So even though that the notion of children's rights is a relative feat recent import. I think there are a lot of areas where the African continent as a continent but also national state or respective counties can actually be proud of. Now, in terms of a regional instruments, the African charter or the rights and welfare of the child faces its background from 1979. In 1979, the Dale organization of African community decided to come up with a declaration on the rights and welfare of the child. It's not able that 1979 was also the year that the convention on the rise of the child was actually proposed by the government of Poland. So, the build up towards the African child and the rights and welfare of child, traces it's background from 1979 when this declaration was made In 1990. 1989, 1990 a drafting of the African charter on the rise where the child took place and in 1990, immediately after one year. The adoption of the commission rights of the child, the African charter on the rise where in the child was adopted. At that point, from 1990 onwards it took 9 years for the African Charter on the Rights and Welfare of the child to come into effect. But I think it's also important to recognize that even before it came into effect, a number of African countries were taking account of that instrument. To actually overhaul all legislation, most of it was inherited from the colonial era. So, in terms of harmonization of children slows in Africa, the process for harmonization has started much earlier before the African child on the rights with the child was adopted. But, it's gained a lot of momentum after the adoption of the Convention Rights of the Child and the adoption of the African Child on the Rights and Welfare of the child. Currently, a lot of African countries have adopted new laws pertain to children's rights. Some are called Children's Acts, Children's Proclamation, Children's Status. And one of the peculiar things that actually come in and noted from most of these instruments, is that they combine provision post from the convention. And the rest of the child pro, so the African Charter on the rights and worth for the child. And many countries In fact, more than 35 to 40 countries have overhauled their main legislation that pertains to children's rights in their respective jurisdictions. One particular element that is also noted is that why most of this countries actually under take the harmonization of their laws, fighting to children's rights. Different countries have taken different route, sometimes it's half come up with a comprehensive children's act of statute. That covers protection well being are also civic, are also criminal justice and juvenile justice issues. Other countries have gone in a direction where the main children's statute actually covers issues of custody protection so forth. And coming up is an additional statute or law that actually covers the juvenile justice issues. An example of the latter could be South Africa that has the Children Act 38 of 2005 covering many issues pertaining to children's side. But also the child justice act that came into force in 2010, covering issues pertaining to the administration of juvenile justice. Now there are a number of challenge that children's rights in Africa currently face and some of them have been there for a long period of time. Maybe the most important one is the issue of poverty, child poverty is very and poverty is a cycle. If the grandfather or grandparents were living under poverty, the parents will probably under poverty and the children will continue that cycle. And of course in the majority of instances their way to break this cycle is through education and a number of African county's have recognize. And increasing and continue to recognize the role that free and compulsory and primary education continues to play. Secondly, the challenge that are post by traditions, customs and religious practices, that go against the provisions of the African charter still continue to post a lot of challenge. Issues of issues of child marriage, or a number of other harmful practices that are prevalent in a number of African countries continue to pose actually for the realization of these rights. Certainly, the development of institutions that aren't properly given the mandate, that actually have sufficient resources, both human and financial resources. And that actually our cost cutting and properly coordinated continues to be a big challenge. For instance, in a number of African countries where juvenile courts are established in the majority of instances these courts only exist in the capital city or in some of the major cities. They don't have a national coverage, so in this regard accessibility for the purpose of the [INAUDIBLE] of juvenile justice becomes a very big challenge. In terms of rolling out birth registration, it is extremely important that the institutions that are involved in the registration of birth are actually prepared with resources financially but also in terms of human resources. They need to be able to go at the lowest level, be it district, local level in order to ensure that every child is registered immediately after birth. So the effort of African governments to establish, designate, and to reinforce the various institutions. National human rights institutions, statistics institutions, ministries dealing with children's rights, ministries of education, ministries of health, and the kind of training. In capacity building, the prices that are working with and for children in these various institutions is one of the biggest challenge that we face as we move forward. But I don't only want to talk about the challenge that we face, I also have to say a few words about the opportunities that currently exist. For instance, a number of countries' economies are growing significantly. Fort instance, Ethiopia has been registering economic growth in the range of of 9% to 12% in the last 5 years and this is not peculiar to Ethiopia. A number of African countries have registered a number of significant economic growth in the last five years. So the opportunity to translate some of these financial resources and economic to something positive to the live reality of children on the ground is actually extremely huge. And a number of African countries and a number of political leadership is completely aware of this opportunities and is trying to tap in to them. The other opportunity that currently exist actually comes up with the sustainable development goals. A number of African countries have taken a lot of advantage in terms of the The Millennium Development Goals that have had to promote children's rights. And there is still a lot of hope in terms of how the forthcoming sustainable development goals will have to push the boundaries for the realization of children's rights in Africa. And sadly, a number of African countries still realize the role that traditional leaders, religious leaders and customary leaders actually play for the realization of children's rights. In this regard, it is becoming increasingly important to involve traditional leaders and religious leaders and even priests, imams to talk about children's' rights in their sermons. To denounce some of the harmful practices that actually go against children's' rights. And by making sure that this important opinion leaders, and these not only particular to one region in Africa, it is true for all corners of the African Continent. By bringing them on board for the realization and promotion of children's rights, quite a number of significant progress is being made. >> Hello everyone, I'm going to talk to you about evolution of child rights in Asia. Asia is a large and populous continent where 60% of the world's population resides. In terms of only the child population, India has the highest child population in the world followed by China. It is also a highly diverse continent in terms of social organization, economic status, political system and cultural ethos of countries that form the Asian continent. Therefore, it is difficult to make a generalizations about how childhood is experienced and how children's rights are constructed in Asia. If you see the map here, you will find that the UNCRC is rectified by all Asian countries. In fact, they were among the first set of countries to ratify the treaty, despite the huge gap that existed between the provisions that were laid down in the UNCRC and the existing realities in these countries. Optional protocol to the UNCRC on sale of children, child prostitution, and child pornography has also been gratified by all Asian countries. The optional protocol of involvement of children in conflicts has been gratified by almost all countries in Asia with the exception of the democratic people republic of Korea. The optional protocol three of communication procedure has been signed by only Mongolia and Thailand. There is no regional charter or treaty of child rights, similar to what Africa has. There is a SAARC convention on regional arrangement for promotion of child welfare in South Asia, but it does not include all dimensions of regional specificities that are associated with childhood in Asia. Although article 37 of the VNR declaration underline the fundamental rule of regional arrangements, in protecting, promoting and realizing human rights at the regional level. Affords to establish any kind of regional mechanism in Asia, on human rights has been unsuccessful so far. Child rights violations in the region also present a very stark picture. Problems such as hunger, malnutrition, lack of access to education and health facilities, poor quality of education child labor, trafficking of children for labor. As well prostitution, homelessness due to large scale of organization, child marriage, children coming in conflict with law, child sexual abuse. Children affected by natural as well as man made disasters are some of the main problems seeing in the region. Existence of domestic legislation addressing these problems has been unnecessary but not a sufficient condition to protect children from these abuses. Speaking specifically about the Indian context, we're the largest child population of the world resides. There has been a growing acknowledgement of child rights at the policy level since early 2000. This can be seen as increasing juridification of child rights in India using the tripology suggested by Blechnum at Molando. In 2008, there are at least three process evident in relation to China. First we find that there is an expansion of actors and practices are being regulated by legislation. We see this in the context of right of children to education act of 2009. That is regulating various practices pertaining to children's education. The protection of children against sexual offences act is another example. The second process of [INAUDIBLE] that we find is the hardening of policy provisions for child rights. By getting them incorporated into [INAUDIBLE] Because new groups are now getting recognized and viewed as legal subjects. For example the advocacy around the legislation for young children, indicates that there is a push to get the young children seen as legal subjects. And their entitlement a qualified through legislation and code is the process by which conflicts are increasingly being solved by. And with reference to log as we see through happening through increased access to judicial recourse when there are violations. I would now like to conclude by raising two main tensions Intercalating drive rights agenda, then the social-political discourse in the region. The first tension relates to the classic debate between universalist and relativist positions. And it is important point out that these are sharp work and more acute in the case of children in Asia where children's rights are seen to be upsetting Asian values. The second tension relates to the fact that countries, especially those from South Asia, which are the the economic status. Have not been able to provide for children's economic, social and cultural rights. Under the pre-text that these are not affordable and countries have also remained indifferent to children's civil and political rights. Because children are not seen as a [INAUDIBLE] the entire range of first, as well as second generation of rights. Get side lined making the provisions of UNCRC a I hope this encourages you to study and work on child rights. [MUSIC]
  • 6. 3.1 Introduction MUSIC] Hello, and welcome to the module on Interdisciplinary Children's Rights Studies. >> We both teach and do research at the University of Geneva Center in Children Right's studies. In this module we will explain what this field of study is about. >> Now Children Rights has to deal with the social and legal position of children in society. It involves quite a number of sectors like education, welfare or think of urban planning or even international law. >> It involves a wide range of factors such as judges, national or local administration, international organization, think for Einstein's of UNICEF or Save the Children. It involves also highly committed individuals who whole have ideas about how to best defend the rights of children. >> In a first video I want to explain why an academics centers such an ours in Geneva is interested in studying children's rights. >> And also say something about the differences between advocacy of political positions and an academic perspective on children's rights. >> I will the explain what interdisciplinary team means and how this concept is relevant for the study of child and childhood. To make this abstract notion of interdisciplinary more concrete, I invite you to join me in a kitchen for a cooking session around fruit salad and smoothies. >> Now not everybody involved in children's rights has the same opinions about what children's rights are. In the next video I will address some schools of thought in children rights which explains the different positions you can encounter on the field in children's rights. >> We have so invited some colleagues to participate in this module. Sociologist Tom Cobber will explain the importance of urgency and structure in the field of childhood studies. >> Then, anthropologist Haas will explain recent evolutions in the field of childhood anthropology, and also highlighted the importance of this field for the study of children's rights. >> We hope the mother will show you the importance of children's rights not only as a large field of professional practice but also as an emerging and entrusting field of interdisciplinary study. [MUSIC] 3.2 Interdisciplinary children's rights studies [MUSIC] In this video, we will explain the particularities of the field of children's rights studies as compared to the broader social field of children's rights. So I will emphasize why we speak of studies in this field, and also say a few words about the interdisciplinary features of the study field. Now, why do we speak of children's rights studies? At University of Geneva, I work in a center which is called Center for Children's Rights Studies. And I think it's important that this word studies is added to our name. I will explain in a few words why that is. Now, first, children's rights and the idea that children have rights was of course not an invention by academics. It became inscribing in actions in the field leading up to the 1989 UN Convention on the Rights of the Child. And when in academia that position on the importance of children's rights was taken up, initially it was mostly from a legal and philosophical perspective. So questions that were asked was, well, for instance a philosophical questions is, why should children have rights and what should be the rights of children? Or more legal questions like, what is the content and normative value of the provisions that are inscribe in the convention of the rise of the child? Other questions could deal with the implementation mechanism or the monitoring of the conventions on the rights of the child. Now, that was in the early years when academics were interested in children's rights. Now, overtime more and more fields and disciplines became interested in this children's rights reality and also sociologists, anthropologists, or political scientists and many others became involved in studying the field of children rights. The questions asked, however, slightly evolved and we're no longer only dealing with the legal and philosophical context of children's rights, but also with broader questions, like for instance, what are the consequences of children's rights in the social practice? Who are these child right defenders for instance, where do they come from? And are also children themselves involved in depending their rights. Why is it that certain rights gain more attention than others? On this last question, we've done a piece of research in our center. And for instance, we've discovered that over a period of 20 years, between 1989 and 2009, the topic of street children, which was very important in the beginning of the 90s lost attention. So international organizations, who at the beginning of the 90s spoke a lot about street children by the end of the year 2009 hardly spoke of it. There was a shift in attention and we ask questions how comes. How comes that people speak less of a particular right or a particular category of children, like the case of children in street situations over a period of 20 years? Now, to be able to answer this questions, you need to take a bit distance from the field itself. It is difficult to be at the same time promoter of children's rights, and then also to study them. This is where the words studies come in. Studies points at a reflexive position. Why are the things as they are? And so, it's hence also a critical position. Why is this NGO promoting these particular rights and not others? Or why do children have played only such a small role in defending their rights? And how was it that certain rights were put on the international agenda rather than others? So children's rights without the word studies is a political, social project in a broad sense. It is about striving for justice to make a better world for children, to defend children's human rights. So it's about engineering. One thing to move society in one direction, in a particular direction. Children's rights studies deals with the studies of these endeavors. It is more about enlightenment about understanding what happens. Both are of course needed. But children's rights studies, they are the perspective of academics who are concerned to carefully explore, understand, explain the world rather than direct policy making or social struggles for those to remake the world. Now, why do we call this an interdisciplinary field of studies? This could be illustrated if we look at two major journals of the field. The first is the International Journal of Children's Rights which list a number of disciplines that all participate in the journal. So research is coming from diverse range of fields published in the journal to discuss children's rights to contribute to their great understanding. For instance, law legal and political philosophy, psychology, psychiatrist, educational theory, social administrations, social work, social anthropology or even theology or history all contributes through this journal. In another journal, which is called, child hood, global, a journal of global child research. Researches come from, well initially, sociology, but then it was also complemented by views from other disciplines who all. Discuss childhood studies, but also on children rights. They come from social and typology geography besides sociology, political science, political economy and so forth. So in the next video, My colleague Frederic, he will explain a bit more how these disciplines can work together to better understand children's rights. Now, here, I have highlighted that children's rights are not only important as a field of social changes where advocates, policy makers, judges, administrators make policy changes or legal changes in the field of children's rights, but it is also an emerging and exciting field of interdisciplinary study. It approaches children's rights from a more reflexive and also more critical perspective. [MUSIC] 3.3 Fruits, salads, and smoothies: working together for understanding children's rights [MUSIC] Welcome to this special place of professional kitchen to address the issue of interdisciplinarity. Before starting, we thank you to the Chef Damien Germanier to welcome us in his workplace and to participate to this experience. To explore the idea of interdisciplinarity we draw our inspiration from Martini Sunny and it's culinary metaphor and he cited in his paper, fruits, salads, and smoothies, are working definition of interdisciplinarity. Interdisciplinarity is not a simple buzzword. It is a new way of thinking about wicked problems, such as children and childhood. But we speak about interdisciplinarity, but what is it exactly? We have finally to understand the nature of interdisciplinarity by defining a series of concepts, starting from disciplinarity to go to inter and transdisciplinarity. The culinary metaphor will be our guide and illustration. Indeed, each discipline is like a food, more or less familiar or exotic depending when we are in the academic world. The disciplines that's study children and childhood have numerous low physiology, anthropology educational science is medicine and so on. Each discipline, each fruit have it's own foundation, history, firms, concepts, method tools, they each have a specific taste, color and texture. In this first phase, the diversity of food disciplines offers a vision of a fragmented world. A world in which each discipline noted A, B, C, D, and so on, builds its own object of study, Oa, Ob, Oc, and so on. Each discipline analyses its own object of study, are the basis of its own disciplinary language and commutative tools. Welcome to the world of disciplinarity, an organization of knowledge in silos where each researcher or practitioner sees a child in only one dimension. The child is conceived as a social or biological or historical or psychological being. Other beings separated into many dimensions. In the same direction, multidisciplinarity is studying an object by referring to two or more unconnected disciplinary viewpoints without any real interaction between them. Of course, a child is considered by your pluralistic view. But the discipline are simply juxtaposed. Each discipline certainly shows some scientific imagination.
  • 7. Each food, each discipline has its taste, value, and quality. Each discipline finally contributes to the advancement of knowledge. But the China's wall is separated into several parts missing a comprehensive and integrating understanding. To go further, it's now necessary to go beyond a simple juxtaposition of disciplines. To make a cognitive leap, to allow a new interdisciplinary approach, to give finally a different flavor to our vision of the child. Dear participants, we must shape disciplines, we must deconstruct them and reconstruct the in a more dynamic and interdisciplinary perspective. The interdisciplinary process consists in breaking down the discipline fruits to reaffirm them, as in a fruit salad. All the fruits are in the fruit salad, but they are reorganized differently. There is now a dialogue, an interaction and integration between the disciplines, a synthesis between them for a global understanding of children rights. A new step, a new step on the continuum in the mixture of forced disciplines can be taken now. The mixture is always different depending on the number of and the distance between disciplines. Interdisciplinarity is also a and degree of integration. When the fruits disciplines are transformed by your child transdisciplinary mixing where all disciplines on fruits In the direction with each other in a more dynamic interconnected and global system, a new taste can now emerge and create a unique flavor a sorts of smoothie beyond. The taste of each fruits of each discipline. There is no value judgement here, we recognize the flavor of each fruit and its disciplines contributes to invent a transdisciplinary taste, more or less written complex. So transdisciplinarity is a process of thinking that transcend disciplinary boundaries and propose reconfiguration of disciplines we need a systemic global and integrated perspective. Transdisciplinarity unfolds behind the diver's scientific cultures, behind the humanities and the natural and life sciences. Transdisciplinarity is also a research method in a problem solving perspective that brings together the scientific community and the economics, social, political, stakeholders as well as citizen and in particular in our case children. Finally, from disciplinarity to intel and transdisciplinarity, there is a carry on dynamic in cooperating the disciplines into a network of relations that become more integrative and transformative. In summary, in conclusion, we do not hang to give you any ready-made or predigested recipes. We provide a thought an apparently simply but highly complex process which can be synthesis into three complementary flavors. First, identify the relevant disciplines to address complex problem in the children's rights field of research. Secondly, break down the disciplines and reassemble them in a more integrative and interdisciplinary perspective. And finally, makes it all to reach the horizon of transdisciplinarity knowledge. In conclusion, let's express your skills of researcher, practitioner and master chef. [MUSIC] 3.4 Schools of thought in children's rights [MUSIC] Maybe some of you remember the story of Laura. She was a 15 year old Dutch girl who, a few years ago, she wanted to undertake a tour on a sailboat around the world all by herself. Now, this issue rose quite some controversy amongst people in the field of children's rights. Because for some they thought, well, she might be too young to be doing this, no? At 15, isn't that too dangerous? And so, she needed to be protected. Protected against herself, against her own foolish ideas. But also protected against maybe her parents, who might be putting too much pressure on this girl to undertake a solo travel around the world on a sailboat. Others at the other hand, thought, well, if she's 15 and if this is really what she wants to do, why can't Laura do this? Isn't this her right to participate or her right to autonomy to be the doing this? Now, in the field of children's rights, we see many of these kind of controversies. So it isn't because people say children's rights are important. That they also think that they have the same idea about children's rights. And so, there are different ways of looking into children's rights. In this video, I'll try to explain using four schools of thought in children's rights. How we can understand these kinds of controversies. So I will be presenting to you four schools. Paternalism, liberation, welfare and emancipation. Before presenting these four schools of thought, I would well first say few words about the issues of which people might have different opinions. First, there was the image of the child. And there's competence and also the rights of children. On the image of the child, you could say broadly speaking that some people addressed children as becomings. Children are the future is a very famous saying. And so our children becomings or at the other hand are children beings in the here and now. Should we consider them as any other person who's a being? So there's discussion about seeing children as beings or becomings. The second level on the, over which there's debate, deals with competence. Our children, like Laura, do we have to consider them as being competent? Capable of making decisions on their own? Or because they lack some experience or they're not full grown yet, are they incompetent? And with that, who has to provide proof? Do we have to provide proof that children are competent? Or do we have to prove that they are incompetent? And then, the third dimension deals with the rights of children. In the convention on the rights of the child, which is very often summarized by the three Ps, the rights to participation, position, and protection. So you have the rights. Why do we have to emphasize? Is it the rights to participation, the right to profession, or is it the right to protection that takes it over? So these are the issues over which there is a controversy, but let's explain this or try to understand this by turning to the first school of thought which is paternalism. Now, in paternalism, the childhood image, or the main way of looking at children, is as becoming. Children are growing, so they are becoming adult citizens. They are incompetent because, well, they are just not fully mature, thus they are becoming. And the rights they have, well, they have a right to be protected. Like in the case of Laura, you would say, a paternalist would say, well, no, she can't go on herself make a tour around the world. Her future is important and that would hamper her future, her future education if she's on a boat for a whole year or longer. And she's not competent enough to make these kind of decisions. Both physically, she might not be strong enough to sail around by herself, but also to see the consequences of her decision. And so, what she needs is to be protected against herself maybe but also against her parents might push her too much. So for paternalist or in that perspective from paternalism, probably Laura would not be allowed to make that big voyage around the globe. A second school of thought which is at the opposite of the bottle is liberation. In liberation or sometimes also called anti-paternist, it's everything goes the other way around. So the question is, the child is, what is the image of the child? Well, it's a being child. The here and now is important. And children are competent, they're as competent as anybody else. Why should they be incompetent? And they have rights, of course. Children's rights deal with participation rights with the right to autonomy. So from a perspective of liberation, Laura would definitely be able to make her decisions by her own. Well, in the here and now, if this is what she wants to do, she's a competent 15 year old so she would be granted the right to undertake that kind of big tour around the world on herself. Now, these two paternalism and liberation or extreme signs of the school of thought. In the middle, there are some more nuance positions. The first one is the welfare position where the childhood image is both becoming and being, but in the other order. So we consider children as becoming because we have to consider the children's future, developments, future chances, but at the same time they're also being. They are considered incompetent but you can, as a basic standpoint, but in some instances there might be proof that children can be declared competent. So we have to provide proof that they are competent. And thirdly the rights they have, well, they have the full catalog of rights. So they have a right to be protected, they have rights to provisions, and they also have rights to participation. Now, very often from a welfare perspective, the rights of children are approached so the three sets of rights count but they are approached in that order. So first we look at, are children sufficiently protected? Do they have access to certain provisions like education and welfare structures? And then, we let them also participate in the way how their protection is organized. So that the order of approaching the rights is important. So from a welfare perspective, maybe most people from a welfare perspective would probably decide first that well, in general, no. Children of 15, they should not be able undertake this kind of very risky undertaking, and sailing all by themselves around the world on a sailboat. But maybe so in the case of Laura, who had been living on a boat almost half of her life, she might may be considered extreme or competent in that area. So Laura, yes, but maybe other kids would not be considered as competent. And while if we can make sure that she's sufficiently protected if their assistance on the way, is her education guaranteed? For instance, distance education? And then, she can then participate. So maybe from a welfare perspective one might conclude that, well under certain conditions, that Laura might undertake this kind of voyage by herself. The third school of thought is emancipation. And in emancipation position, you'll also find again the same balances as in welfare school of thought but starting from a different angle. So first, children are seen beings in the here and now and also becoming. They are considered competent, unless proof is provided that they are not. And they have also access or they have the right to participation, provision and protection, so the same set of rights. But if you might have seen the order of the dressing or approaching the rights, has been inversed. First, from emancipation perspective, the right to participation's considered important. Second, the right to provision and third to protection. So from that perspective there might be a bigger chance that people would let Laura go off, making sure that, yes, she's being person so she has this right to do that. [COUGH] And she's competent, and there's no proof that she would not be competent for undertaking this voyage.
  • 8. And maybe in the case of another child who does not have the same experiences like Laura, of living on the boat knowing how to sail, they might be proof that she's not competent. Now, to summarize, if we take back these four schools of thought and we compare them one with the other. So this is a way to look a bit at the controversies into children's rights to think of where do we situate one or the other organization. It is not, of course, the absolute way of looking into how people discuss children's rights, but it helps to organize our thinking, to see that some people approach children's rights more from a paternalistic perspective, others from the opposite, from a more liberationist perspective. And it helps us sometimes understand why people might diverge? Why opinions diverge around children's rights even if people call themselves all child rights defenders? And my last question will go to you and it's, where would you situate yourself in these four schools of thought? Would you think of yourself as paternalist? Or maybe as a liberationist or would you be feel more comfortable with a welfare or an emancipation perspective? So it's up to you to decide. [MUSIC] 3.5 Agency and structure in childhood studies [MUSIC] Hello, I'd like to talk about the sociology of childhood, or childhood sociology. This occurred around about the 1990s, at the same time, the Convention of the Rights of the Child. The sociology of childhood was influenced by the publication in 1990 in the UK by Allison James' and Adam Prout's, Constructions and Reconstructing Childhood. What sociologists of childhood do is develop really the ideas that were embedded by sociologists before the 1990s. And that was a concern with elements of structure and agency. It corresponded to similar movements within history, where men were making their own history, but also affected by historical forces. Harry Hendrick wrote some very good histories about how children were affected by representations of themselves. But also how children could affect their own representations and their own agency through a system of resistances. But essentially, what sociologists do is look for notions of social structures. Which include a variety of things such as social classes, movements of capitalism, wider historical forces. But also other social structures, how they interact with childhood around social class, gender, ethnicity, religion, disability, and so on. And one of these structures around which looked at was looking at children as a social class in themselves. And looked at the way in which generations shaped society. And how childrens put together as a social group could be looked at as a social class and moved to some kind of social changes. But of course, what was perhaps more influential was the way in which feminists and other writers looked to see how the structures of gender, looked at childhood and affected childhood, because of course, children are both male and female. Also, some of the sociologists of childhood have understood a variety of phenomena which sociologists have been traditionally been interested in. One of those would be children as consumers. And Dan Cook's work exemplified this by looking at how children were developing their own sense of consumption, how their consumption of products affected their identities. But also how they were not passive to situations like advertising and other structures which were looking to develop them, which traditionally, sociologists presume that they were passively following. Instead, Dan Cook looked at the way, this was rather more of a complicated picture and that children made very, very rational and informed choices around their consumption habits and how that affected their social identities. Also, the sociology of childhood was interested in looking at how children lived their lives. And in particular, what interested sociology of childhood was about their everyday lives that they experienced within a variety of institutions. Such as families, school, the street and other kinds of social activities. And what the sociology of childhood were really concerned with was about how the everyday, which was traditionally being considered unimportant by sociologists, was in fact very important. Because that was where they lived their lives. And also that they were shaping their lives, and those of their parents, their teachers, their friends, their neighbors, and so on, and so forth. There are also other studies in the sociology of childhood which were looking at the way in which children consumed the media. Again, the traditional assumptions around social sciences was that children were rather passive to media representation. Instead, looking at how children used the media, that they looked to use it in far more creative ways than was originally thought. Again, David Buckingham perhaps key in leading that body of studies. My own work around the sociology of childhood has been really concerned with issues of participation. Here, we can see the elements of social structure and agency. By agency, meant that the way in which children could shape their own lives and had more meaning attached to their social structures and could lead to social changes. So in terms of looking at participation, children's participations for example, in school counsels, were of course structured by the agendas of teachers and other adult leaders. However, children used these opportunities to participate, to try and make decisions within their schools. But also, outside of the environments, that they team together and discuss things in their own right. So, really, I think sociology of childhood by looking at the way structures and agency combine, could also give some elements of where we can understand children's rights, and the operation of children's rights. For instance, a convention of the rights of the child gives a system of rights which is used across the globe. But what I think the sociology, the sociological perspective does, is it is interesting in how those are interpreted by children themselves. So for instance, children in the developing world who work, and again, that was something that was looked upon by Western organizations as inevitably a bad thing. However, children themselves interpreted it in different ways. Of course, there were some elements amount exploitation, but perhaps the most encouraging phenomenon that is certainly being mapped is around the children's trade union movement. And of course, children contribute to social change, which social change has always been an interestive sociology. And by focusing on their everyday lives, looking at things such as actions such as picking up litter. Those contribute to the way that the environment is sustained. Because children aren't just doing those small scale things. Older children, for instance, were participating in the anti-war movement in 2003, where they left their schools in order to participate in demonstrations. Perhaps where we're going to recently, the sociology of childhood is moving towards understanding the developing world. And realizing that they are, in fact, children in China, India, Africa, South America, and across the globe. And those are something that are traditionally been looked at from the childless victim. Instead, we see children acting in a more age-agentic sense, if you like, about how they looked to construct their world in ways where they aren't passive, and can even do some rather good resistances. And so, really the sociology of childhood to end up with really, is around the idea of structure and agency. And again, I think when we're looking at the convention of the rights of the child and how that's being understood and utilized. That the people who work with the convention of the rights of the child are interested in very similar issues around structure and agency. How children are constrained about things and what kind of things children can do in order to make their rights more real to their daily lives. [MUSIC]