我国儿童发展权的保障——以《儿童权利公约》在中国的实施为视角

《儿童权利公约》将儿童权利保护置于首要地位,为儿童权利的保护提供了普遍的法律标准,我国积极实施公约,使我国儿童的发展权得到了较好的保障：儿童受教育权得到很好保障、儿童文化产品和文化活动日益丰富、儿童使用网络更便利获取信息机会增多、儿童参与权保障不断改善。但我国儿童发展权保障还存在不足,我们要进一步提高保障儿童发展权的意识、完善相关法制和政策,强化儿童权利保护的管理体制和规划,完成余下的＂普九＂任务,加强素质教育,提高儿童教育质量,采取切实措施促进儿童参与权的实现。     

Fathers detained,contact restrained: Experiences of Palestinian children visiting their fathers in Israeli detention

BackgroundVery little is known about the experiences of children of political prisoners internationally, because of the challenges of researching within politically oppressive contexts.ObjectiveThe aim of this secondary analysis was to explore and understand Palestinian children’s experiences visiting their fathers in Israeli detention.Participants, setting and methodsQualitative data from sixteen in-depth interviews with thirty-one children were analyzed. Structural and longitudinal coding cycles were employed and focused upon the timeline of the visitation process.ResultsThree overarching themes emerged, which included: Children’s experiences ‘before the visit’, ‘during the visit’, and ‘after the visit’. Subthemes related to the distressing and at times traumatic experiences the children suffered throughout the process of preparation for, going through, and the aftermath of the visit. This included reports of experiencing punitive measures at checkpoints and waiting areas and humiliation and maltreatment by the Israeli authorities during the visitation process. These findings are discussed with reference to the United Nations Convention on the Rights of the Child. It was clear that the children’s best interests were denied and contact and interaction with their fathers was restrained under the Israeli visitation scheme. Despite the arduous visitation process that children often hated, they loved to see their fathers.ConclusionsEven though the children’s rights were infringed upon, they still endured hardships to maintain whatever contact was possible. International advocacy for the realization of the ‘rights of the child’ for Palestinian children, as well as other children of political detainees is warranted.     

The ‘yes … but’ dilemma: implementing inclusive education in Emirati primary schools

The Ministry of Education (MOE) in the United Arab Emirates (UAE) launched the ‘School for All’ inclusive education initiative in 2010. This article investigates the implementation of this initiative in three primary schools from stakeholders’ perspectives. Using a multiple case study approach, data were collected over a full school year from interviews, observations and documents. Findings revealed uneven progress in five areas: staff training and development, school structures, support services, assistive technology and community awareness. The study identified improved access to mainstream classrooms and growing awareness among stakeholders as emerging good practice. However, serious challenges remain regarding teacher training, exclusionary practices, the lack of specialised support services and misguided policies. This study contributes to the evidence‐based research on inclusion in the UAE with some emphasis on Islamic principles, cultural beliefs and the requirements of the United Nations Convention on the Rights of Persons with Disability in promoting every child's right to an education.     

儿童受教育权国际共识的形成及其推进

儿童受教育权国际共识是历史性生成的,它通过一系列国际准则性文件的颁布而逐渐完善。通过对这一历程的回顾,我们可以看到儿童受教育权从一开始就是个比较成熟的概念,它的进一步发展需要关注两个问题:将国际共识转化为当事国的政策,描绘儿童教育的蓝图。当前,实现全民终身教育,融入全球教育质量监测体系,正逐步成为我国落实儿童受教育权的政策取向。     

The new UN CRC General Comment 13: "The right of the child to freedom from all forms of violence"--changing how the world conceptualizes child protection

The UN Committee on the Rights of the Child established CRC General Comment 13 (April 2011) to address today's unabating high rates of violence against children globally despite CRC advances. GC13 provides clear interpretations and stronger detail to supplement the legal language of CRC Article 19, intended to establish protection of children from all forms of violence. Through GC13, the Committee seeks to strengthen policy and practice implementation for all children, including every nation's most vulnerable, by clearly establishing measurable indicators: structure, process and outcomes to children-through improved technical information, expertise and assistance. Based on knowledge and experience gained over the 22 years since the CRC was adopted, GC13 advances best practice approaches and technical resources for States Parties and professionals on preventing violence against children, and on strengthening protection programs, systems, services, research, monitoring, evaluation and reporting. This article addresses child rights and protection issues which have been raised during this period, as well as during the consultation and resulting dialogues, such as the rights of children in early/forced marriage, and the role of the State Party as responsible caregiver when parents or families are not capable of providing protection.     

《儿童权利公约》在我国的实施：以行政法为视角的分析

《儿童权利公约》自批准以来,我国行政法律部门在履行公约义务方面取得了巨大的成就,但无论是立法还是执法方面与公约的规定依然存在着不小的差距,为了更好地履行公约义务以提高儿童权利保护的水平,必须进一步完善各级行政立法并进行执法机制改革。     

Fatal child neglect: Characteristics,causation, and strategies for prevention

Research in child fatalities because of abuse and neglect has continued to increase, yet the mechanisms of the death incident and risk factors for these deaths remain unclear. The purpose of this study was to systematically examine the types of neglect that resulted in children's deaths as determined by child welfare and a child death review board. This case review study reviewed 22 years of data (n = 372) of child fatalities attributed solely to neglect taken from a larger sample (N = 754) of abuse and neglect death cases spanning the years 1987–2008. The file information reviewed was provided by the Oklahoma Child Death Review Board (CDRB) and the Oklahoma Department of Human Services (DHS) Division of Children and Family Services. Variables of interest were child age, ethnicity, and birth order; parental age and ethnicity; cause of death as determined by child protective services (CPS); and involvement with DHS at the time of the fatal event. Three categories of fatal neglect – supervisory neglect, deprivation of needs, and medical neglect – were identified and analyzed. Results found an overwhelming presence of supervisory neglect in child neglect fatalities and indicated no significant differences between children living in rural and urban settings. Young children and male children comprised the majority of fatalities, and African American and Native American children were over-represented in the sample when compared to the state population. This study underscores the critical need for prevention and educational programming related to appropriate adult supervision and adequate safety measures to prevent a child's death because of neglect.     

Research in the Netherlands on a theory of child abuse: A preliminary report

A three-factor theory of child abuse has been developed which includes: (1) a high level of parental aggression; (2) a low level of parental inhibition of overt aggression; and (3) the focusing of parental aggression on the child. In the theory each factor is the outcome of a subfactor “path.” A high level of parental aggression is the outcome of seven subfactors. A low level of parental inhibition of overt aggression is the outcome of three subfactors. The focusing of parental aggression on the child is the outcome of ten subfactors. The theory posits that the type of child abuse that occurs is determined by the ratio of total parental aggression to total parental inhibition of overt aggression. High numerical values of the ratio result in battering. Lower numerical values result, in descending order, in non-organic failure to thrive, physical neglect and emotional abuse. The theory and 50 hypotheses derivable from it are being tested on a sample of 150 child-abuse families and 150 control families.     

The prevalence and impact of child maltreatment and other types of victimization in the UK: Findings from a population survey of caregivers,children and young people and young adults

Objectives

To measure the prevalence of maltreatment and other types of victimization among children, young people, and young adults in the UK; to explore the risks of other types of victimization among maltreated children and young people at different ages; using standardized scores from self-report measures, to assess the emotional wellbeing of maltreated children, young people, and young adults taking into account other types of childhood victimization, different perpetrators, non-victimization adversities and variables known to influence mental health.

Methods

A random UK representative sample of 2,160 parents and caregivers, 2,275 children and young people, and 1,761 young adults completed computer-assisted self-interviews. Interviews included assessment of a wide range of childhood victimization experiences and measures of impact on mental health.

Results

2.5% of children aged under 11 years and 6% of young people aged 11–17 years had 1 or more experiences of physical, sexual, or emotional abuse, or neglect by a parent or caregiver in the past year, and 8.9% of children under 11 years, 21.9% of young people aged 11–17 years, and 24.5% of young adults had experienced this at least once during childhood. High rates of sexual victimization were also found; 7.2% of females aged 11–17 and 18.6% of females aged 18–24 reported childhood experiences of sexual victimization by any adult or peer that involved physical contact (from sexual touching to rape). Victimization experiences accumulated with age and overlapped. Children who experienced maltreatment from a parent or caregiver were more likely than those not maltreated to be exposed to other forms of victimization, to experience non-victimization adversity, a high level of polyvictimization, and to have higher levels of trauma symptoms.

Conclusions

The past year maltreatment rates for children under age 18 were 7–17 times greater than official rates of substantiated child maltreatment in the UK. Professionals working with children and young people in all settings should be alert to the overlapping and age-related differences in experiences of childhood victimization to better identify child maltreatment and prevent the accumulative impact of different victimizations upon children's mental health.     

Human rights education in Japan: an historical account,characteristics and suggestions for a better-balanced approach

Although human rights are often expressed as universal tenets, the concept was conceived in a particular socio-political and historical context. Conceptualisations and practice of human rights vary across societies, and face numerous challenges. After providing an historical account of the conceptualisation of human rights in Japanese society, this paper examines human rights education in Japan, focusing on implementation of the United Nations Decade for Human Rights Education. Whilst the Decade’s Action Plan advocates a comprehensive approach, Japanese human rights education focuses far less attention on imparting knowledge and developing learners’ attitudes, placing strong emphasis on aspects of responsibility and harmonious human relations understood in the historical context of Japanese moral education. Pedagogical proposals are made to promote a comprehensive approach, including focus on the role of empowering learners, enabling them to protect themselves by invoking human rights.     

Child protection workers dealing with child abuse: The contribution of personal,social and organizational resources to secondary traumatization

The present study compared secondary traumatization among child protection social workers versus social workers employed at social service departments. In addition, based on Conservation of Resources (COR) theory, the study examined the contribution of working in the field of child protection as well as the contribution of background variables, personal resources (mastery), and resources in the workers’ social and organizational environment (social support, effectiveness of supervision, and role stress) to secondary traumatization. The findings indicate that levels of mastery and years of work experience contributed negatively to secondary traumatization, whereas exposure to child maltreatment, trauma history, and role stress contributed positively to secondary traumatization. However, no significant contribution was found for social support and effectiveness of supervision. The study identifies factors that can prevent distress among professionals such as child protection workers, who are exposed to the trauma of child abuse victims. Recommendations are provided accordingly.     

从国际法看中日东海争端

近日，日本政府启动授予其民间企业东海油气试采权的程序，严重侵犯我国的合法权益，践踏国际法和国际关系的基本准则，再次挑起东海争端，从而使东海资源开发和海洋划界问题成为人们关注的焦点。回顾中日东海之争的近期发展态势，从国际法角度进行法理分析和评介，试图寻求解决两国争端的理性途径。     

Similarities in modi operandi of institutional and non-institutional child sexual offending: Systematic case comparisons

Little is known about the extent to whichinstitutional child sex offending differs from non-institutional offending. Strategies to secure the compliance of child victims were systematically compared to compare the modi operandi (prior to, during and following abuse), and the type of power (intimate, aggressive, coercive) applied by child sexual offenders in institutional versus non-institutional settings. A sample of 59 of the most recent child sexual abuse cases referred for prosecution in three Australian states was manually reviewed and coded. Of these, six were cases of institutional abuse, one of which involved crossover offending. Based on complainant age and gender and patterns in offending behaviors, institutional cases were matched with cases of non-institutional abuse. Complainants of both genders ranged in age from 5 to 16 years at abuse onset. Offenders were male family members or friends, priests, an employer and one female school teacher. Results demonstrated commonalities in the modi operandi and grooming methods applied in institutional and non-institutional contexts. Implications for abuse prevention are summarized.     

Discourses of education and constitutions of class: public discourses on education in Swedish PBS television

Drawing on post-structural perspectives and analysis of television programs on education, the article investigates the public educational discourse in Sweden. It shows how a dominant neoliberal educational discourse is articulated together with a discourse of equal education, where the two discourses influence and subvert each other so that neither becomes totally hegemonic. Taking as its point of departure the neoliberal emphasis on the individual, especially as it relates to school choice and to the significance of class for educational success, the analysis focuses on the constitution of classed positions. The study reveals constitutions of class in which race, place, gender, economy and agency are intertwined, such that the schools and the students are attributed both different statuses and different subject positions in terms of future economic trajectories. The conclusions drawn are that, in the public conversation about the organization and goal of compulsory education, it is important to be aware of the discursive and political contexts in which the discussions take place. It is also important to realize that class matters in the educational assemblage in the form of economic subjectivities constituted in a web of intersecting notions about differing preconditions and outcomes of education.     

The validity and utility of the California Family Risk Assessment under practice conditions in the field: A prospective study

Objective

Analysis of the validity and implementation of a child maltreatment actuarial risk assessment model, the California Family Risk Assessment (CFRA).

Questions addressed

(1) Is there evidence of the validity of the CFRA under field operating conditions? (2) Do actuarial risk assessment results influence child welfare workers’ service delivery decisions? (3) How frequently are CFRA risk scores overridden by child welfare workers? (4) Is there any difference in the predictive validity of CFRA risk assessments and clinical risk assessments by child welfare workers?

Method

The study analyzes 7,685 child abuse/neglect reports originating in 5 California counties followed prospectively for 2 years to identify further substantiated child abuse/neglect. Measures of model calibration and discrimination were used to assess CFRA validity and compare its accuracy with the accuracy of clinical predictions made by child welfare workers. The extent of use of an override feature of the CFRA and child welfare worker reliance on CFRA risk scores for making service decisions were analyzed.

Results

Imperfect but better-than-chance predictive validity was found for the CFRA on a range of measures in a large temporal validation sample (n = 6,543). For 114 cases where both CFRA risk assessments and child welfare worker clinical risk assessments were available, the CFRA exhibited evidence of imperfect but better-than-chance predictive validity, while child welfare worker risk assessments were found to be invalid. Child welfare workers overrode CFRA risk assessments in only 114 (1.5%) of 7,685 cases and provided in-home services in statistically significantly larger proportions of higher- versus lower-risk cases, consistent with heavy reliance on the CFRA.

Conclusions/practice implications

Until research identifies actuarial models exhibiting superior predictive validity when applied in every-day practice, the CFRA is, and will be a valuable tool for assessing risk in order to make in-home service-provision decisions.     

我国贪污贿赂犯罪刑罚体系之完善——与《联合国反腐败公约》相衔接

我国现行刑法对贪污贿赂犯罪在刑罚设置方面存在着一些与《联合国反腐败公约》规定的内容相脱节的情况,这势必影响到国际社会以及我国国内预防和打击腐败的实际效果。因此,有必要以我国同意加入《联合国反腐败公约》为契机,以此为新的视角审视我国刑法规定,达到完善我国有关贪污贿赂犯罪刑罚体系之目的。     

Sexting and institutional discourses of child protection: The views of young people and providers of relationship and sex education

This article focuses on discourses of child safety and protection of stakeholder organisations (SOs) and school pastoral care co-ordinators (PCCs) on educating young people about sexting. Individual semi-structured interviews were conducted with the representatives of four organisations who assist schools in the delivery of Relationships and Sexuality Education (RSE); and with three PCCs in three different types of secondary schools in Northern Ireland to ascertain how their school educates and responds to sexting. Focus groups were also conducted with 17 (10 girls and 7 boys) 16–17-year-olds to explore their views on sexting. The results of this study reveal that the predominant discourse in RSE is child safety and protection, and abstention from sexting. The three main groups (young people, SOs and PCCs) vary, however, in how they view sexting behaviour: the stakeholders are largely cautious and counsel against sending sexual pictures, while the young people regard it as normal behaviour. RSE provided by the schools is inadequate and unrealistic, and does not represent what actually goes on in young people’s sexual lives. Young people want to be consulted on the content of RSE lessons and resources; and RSE content should desist from telling them not to sext and enable them to explore appropriate relationship behaviours, including sexting. Teachers should feel confident in teaching such material and should have access to appropriate training.     

Predicting the decisions of hospital based child protection teams to report to child protective services,police and community welfare services

This study examines judgments made by hospital-based child protection teams (CPTs) when determining if there is reasonable suspicion that a child has been maltreated, and whether to report the case to a community welfare agency, to child protective services (CPS) and/or to the police. A prospective multi-center study of all 968 consecutive cases referred to CPTs during 2010–2011 in six medical centers in Israel. Centers were purposefully selected to represent the heterogeneity of medical centers in Israel in terms of size, geographical location and population characteristics. A structured questionnaire was designed to capture relevant information and judgments on each child referred to the team. Bivariate associations and multivariate multinomial logistic regressions were conducted to predict whether the decisions would be (a) to close the case, (b) to refer the case to community welfare services, or (c) to report it to CPS and/or the police. Bivariate and multivariate analyses identified a large number of case characteristics associated with higher probability of reporting to CPS/police or of referral to community welfare services. Case characteristics associated with the decisions include socio-demographic (e.g., ethnicity and financial status), parental functioning (e.g., mental health), previous contacts with authorities and hospital, current referral characteristics (e.g., parental referral vs. child referral), physical findings, and suspicious behaviors of child and parent. Most of the findings suggest that decisions of CPTs are based on indices that have strong support in the professional literature. Existing heterogeneity between cases, practitioners and medical centers had an impact on the overall predictability of the decision to report. Attending to collaboration between hospitals and community agencies is suggested to support learning and quality improvement.