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.     

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。     

‘Voice’ is not enough: conceptualising Article 12 of the United Nations Convention on the Rights of the Child

This article provides a children's rights critique of the concept of ‘pupil voice’. The analysis is founded on Article 12 of the United Nations Convention on the Rights of the Child, which gives children the right to have their views given due weight in all matters affecting them. Drawing on research conducted on behalf of the Northern Ireland Commissioner for Children and Young People, the article assesses some of the barriers to the meaningful and effective implementation of the right within education. It is argued that the phrases which are commonly used as abbreviations for Article 12, such as ‘pupil voice’, have the potential to diminish its impact as they provide an imperfect summary of the full extent of the obligation. The article proposes a new model, which has four key elements, for conceptualising Article 12— Voice, Audience and Influence.     

Disabling discourses and human rights law: a case study based on the implementation of the UN Convention on the Rights of People with Disabilities

This article examines the symbolic power of language to construct and convey disabling discourses, albeit ample rhetoric, on the need to reinstate and safeguard disabled people's human rights and entitlements. The role of language and its discursive ramifications need to be explored and problematized in the light of legal mandates and antidiscrimination legislation to abolish stigmatizing and exclusionary regimes on the grounds of disability. Such a critical engagement necessitates a reflective knowledge and constant interrogation of the ways in which language is implicated in power interplays to construct meanings and to legitimize/conceal existing power inequities. The article uses critical discourse analysis in order to discuss the role of language in the construction, sustenance, and dissemination of disabling discourses, taking as an example the First Report of Cyprus on the Implementation of the UN Convention on the Rights of People with Disabilities.     

Do Children Have Rights or Do Their Rights Have to be Realised? The United Nations Convention on the Rights of the Child as a Frame of Reference for Pedagogical Action

The United Nations Convention on the Rights of the Child (UNCRC) is presented and understood as the primary reference point regarding questions of children's rights. However, the UNCRC is not a neutral instrument deployed to meet the rights of children: it embodies a specific perception of the child, childhood and citizenship. The interpretation of the UNCRC from the point of view of children's legal status emphasises the autonomy of children; the focus is on the rights that children possess. Conversely, the social-political interpretation of the UNCRC addresses the question of how the rights of children can be realised. It is suggested that distinguishing between these interpretations is essential with regard to questions of pedagogy and education.     

《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。     

Children's rights and educational policy in Europe: the implementation of the United Nations Convention on the Rights of the Child

This article aims to shed light on the impact of the United Nations Convention on the Rights of the Child (CRC) on education policy in Europe. The findings are based on a documentary analysis of the published reports of the Committee on the Rights of the Child (the Committee) on the implementation of the education rights in the CRC in every EU state. This included: a review of the state of children's rights to education in Europe as perceived by the Committee; a summary of the Committee's key recommendations for governments; and an assessment of whether the CRC can be considered to have influenced domestic education law and policies. The findings suggest that the CRC is having an impact on domestic education policy and that the child rights framework could be harnessed further by those seeking to influence government. The article concludes by reflecting on the factors which affect the processes of translating the CRC into policy and practice and explores the role that educationalists, both academic and practitioners, might play in its implementation.     

探究国内受贿罪立法进一步接轨《联合国反腐败公约》的必要性

文章试从我国受贿罪修正案（七）与《联合国反腐败公约》中＂影响力交易罪＂规定的差异和国内对《修正案（七）》主要争议两大方面进行分析,阐明国内受贿罪立法与《联合国反腐败公约》中＂影响力交易罪＂接轨的必要性。     

公司普通合伙人资格的逻辑分析 —— 兼评《公司法》第15条之规定

公司是否具备普通合伙人资格是我国理论界和实务界的争议问题之一.综合解读相关法条,可以发现《合伙企业法》第2、3条应构成《公司法》第15条规定之"除法律另有规定外"的情形.公司独立的法律人格以及公司对外担保的规定,使得公司能够承担连带责任.而公司成为普通合伙人会危害债权人和股东利益的担心并不合理.为此,立法应肯认公司的普通合伙人资格.     

Preserving the dignity of children around the world: the U.N. Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child provides a guidepost to the development of child protection policy. Both comprehensive and conceptually coherent, the Convention provides a statement of international consensus that children are indeed persons, legally and morally, and that the state should ensure that they are treated with dignity. At least in spirit, the Convention demands substantial reform of most existing child protection systems.     

浅议《联合国反腐败公约》与我国贪污罪立法之完善

《联合国反腐败公约》中蕴含着丰富的反贪污犯罪的刑法理念与经验,与《联合国反腐败公约》相比,我国贪污罪的刑事立法存在着诸多缺陷。为更有力地打击贪污犯罪,我国刑事立法应借鉴《联合国反腐败公约》及外国关于贪污罪之规定,对贪污罪的主体、对象及财产追回制度作进一步的完善。     

The complexity of child protection recurrence: The case for a systems approach

ObjectiveResearch on child protection recurrence has found consistent child, family, and case characteristics associated with repeated involvement with the child protection system. Despite the considerable body of empirical research, knowledge about why recurrence occurs, and what can be done to reduce it, is limited.MethodThis paper reviews the empirical literature and analyses the approaches of prior recurrence research. Four related conceptual challenges are identified: (1) a tendency to conflate child protection recurrence with repeated child maltreatment; (2) uncertainty about how best to operationalize and measure child protection recurrence in research; (3) inconsistency between prevailing explanations for the most frequently observed patterns of recurrence; and (4) difficulty in developing coherent strategies to address child protection recurrence based on research.ResultsAddressing these challenges requires a greater consideration of the effects of decision-making in the child protection system on recurrence. This paper proposes a methodology based in systems theory and drawing on existing administrative data to examine the characteristics of the child protection system that may also produce recurrence.     

元稹诗文编年别解——《元稹年谱》疏误商榷

《元稹年谱》中存在误编、编年不确切、漏编的情况。其中编年失误、不确之处，或因考证不周，或因牵强附会，或因史实不明，根据元稹诗文、文献记载及有关人物生平事迹，可得出较为准确的编年时间。另有《东西道》、《赠陈宪忠衡州刺史制》等诗文未予编年，显属疏漏，结合元稹诗文及有关史实，可予编年。《元稹年谱》尚不完善，元稹诗文的编年工作尚待加强。     

National Initiatives within the UN Decade for Human Rights Education: The Implementation of Human Rights Education Policy Reforms in Schools

As the ubiquitous force of globalization further erodes the nation-state and political activity increasingly focuses on global issues, there is renewed attention to models of global education. Within this global context, human rights education emerges as a response to the demands of global education. One of the main objectives of the United Nations Decade for Human Rights Education (1995--2004) is the building and strengthening of programs and capacities for human rights education at the national and local levels. In this essay, an overview of human rights education and the policy guidelines for national plans of action for human rights education developed by the Office of the High Commissioner of Human Rights (OHCHR) are presented. Further, the essay focuses on comprehensive national initiatives within the Decade that are being undertaken in Japan, Austria, and the United States, with particular attention to the implementation of human rights education in formal secondary school settings.     

监护权与子女最大利益

监护权的撤销、监护权的变更都将影响未成年子女的个人权益。非婚生子女的监护权问题更是一个突出的社会问题。因此,监护权的撤销、变更应综合地考虑多方面的因素,譬如物质生活与精神状况。目前,我国婚姻家庭立法对监护权撤销、非婚生子女监护等规定还远未完善,难以应对当前我国离婚率不断攀升的社会形势。因此,宜借鉴国外成功的立法经验,以积极的态度去完善子女监护的立法,最终确立监护领域的"子女最大利益"原则。