Human Rights and ‘Free and Fair Competition'; the significance of European education legislation for girls in the UK

UK law on education and sex discrimination does not protect the right of girls to equality in education. The European Convention on Human Rights and the Treaty of Rome offer better protection. The Convention provides for the right to education and the right of parents to have their philosophical convictions considered in the education of their child. The European Court of Human Rights’ interpretation of these rights is relevant to those seeking a remedy for sexism in education. The Treaty of Rome has stronger and faster enforcement procedures than the Convention but it makes little provision for education except in vocational training and recognition of qualifications. The form and structure of the EEC legal system nevertheless make it hospitable to a reforming education policy. Educationists need to make sure that the focus on education within the EEC extends beyond vocational training, that the context of the discussion and the definition of education are similar to those of the European Convention and the European Court of Human Rights.     

Data surveillance in child protection systems development: an Indonesian case study

Objectives

Successful implementation of child protection program interventions and child and family welfare services is contingent upon the availability and use of good quality information, as emphasized by the recent Convention on the Rights of the Child's General Comment 13. Yet, the role of information within child protection is not well understood, and ongoing efforts to strengthen child protection systems have not systematically examined this critical function. Recognizing these shortcomings, the Government of Indonesia and UNICEF commissioned a study to identify a “road map” for a national child protection information system.

Methods

The used desk review, semi-structured interviews, focus groups and site visits to identify existing data collection practices, and analyze the appropriateness and efficiency of information management mechanisms from the national down to the community level.

Results

The results show that the prevailing situation in Indonesia is characterized by a lack of accurate information on all necessary aspects of child care and protection including magnitude of problems, causality analysis and impact of programmatic responses. There is no lead actor for child protection at the national level, and there are no agreed upon data collection priorities, procedures or methods for a shared data collection system.

Conclusion

The study suggests a need to reframe the dominant language from a “child protection information management system” to a “child protection surveillance system” to promote clearer data collection objectives and activities. Identifying a government ministry to lead child protection efforts and to forge closer partnerships among relevant actors will be required to support a national surveillance system. Additionally, addressing obstacles that limit child protection incident detection at the community level is critical. In addition to strengthening Indonesia's system, this study's approach and findings have the potential to help to inform ongoing child protection system development initiatives in other countries as well.     

我国儿童生存权的保障——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位置,为儿童权利的保护提供了普遍的法律标准,它是迄今为止得到最为广泛认可的国际公约,成为儿童权利保护最重要的一个国际法律文件。中国积极实施《儿童权利公约》取得了一系列的成果。但是,我国儿童生存权保障也还存在不足,我国应进一步完善相关的法制,加强儿童生存权保障的组织,采取更加有效的措施,从而使儿童生存权得到更好的保障。     

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。     

The need for a General Comment for Article 19 of the UN Convention on the Rights of the Child: Toward enlightenment and progress for child protection

ObjectiveTo present the need and plan for development of a General Comment for the UN Convention on the Rights of the Child Article 19 which has the potential to transform and advance child protection through the infusion of a child rights approach.MethodsThe Committee on the Rights of the Child (Committee) authorized ISPCAN and IICRD to draft a General Comment for CRC Article 19 (GC19) and to introduce implementation supports. An international working group (GC19WG), Expert Advisory Panel (EAP), and GC19 Focal Group of Committee members (GC19 CRC FG) have been organized to help guide and carry out the program of development. Analyses of relevant histories and knowledge, including effective and promising child protection strategies, are being applied to guide formulation of the GC and high priority implementation components. Consultations on the draft and supportive products will be conducted in cooperation with UNICEF, WHO, the NGO Group for the CRC, and other NGOs.Advice is to be solicited from interested parties and organizations in person and through distance communication throughout the world.ResultsIn addition to the GC19, numerous implementation supports will be planned and some will be produced and piloted during the program of development. Under consideration are an implementation guide and resources; commentary; accountability models, indicators, measures and evaluation systems; a clearing house and resource website; a child-appropriate version of GC19; and education/training curricula and programs.Practice implicationsGC19 has the potential to transform child protection by fostering a paradigm shift in its conceptualization, theory, research, and practice. Article 19 encourages an interpretation and application beyond narrow child protection conceptualizations and practices which have been found seriously inadequate. The General Comment can advance effective prevention of maltreatment and protection of personal security by promoting the child's rights, well-being, health, and development in all aspects of child protection. GC19 will provide support to the Committee on the Rights of the Child in its monitoring and guiding functions, and to States Parties, professionals, and civil society agents concerned with the protection and well-being of children.     

A new age for child protection--General Comment 13: why it is important, how it was constructed, and what it intends?

Children continue to be subjected to high levels of violence (i.e., physical, psychological and sexual maltreatment) throughout the world. International concern about violence against children has increased significantly during the last decade. A Study on Violence Against Children, encouraged by the UN Committee on the Rights of the Child, conducted under the auspices of the United Nations Secretary General and reported in 2006, has become a rallying call to improve child protection. Child protection practices and systems have been judged to be generally inadequate and, in some cases, destructive. It is widely recognized that business as usual—more of the same—will not do. A General Comment (guide to fulfilling obligations) for Article 19, the central conceptualization of child protection of the UN Convention on the Rights of the Child, has the potential to promote a worldwide reformulation of child protection priorities, policies, and practices by virtue of the infusion of a child rights approach. It can be a mechanism for framing and promoting the transformational change needed – for a genuine paradigm shift. Here, explication is given for the historical context, rationale, centrality of child rights, process of development, holistic nature, and primary elements of General Comment 13 (GC13): The child's right to freedom from all forms of violence. GC13 embodies and champions a child rights approach to child protection entailing strong support for proactive primary prevention, promotion of good child care, and a commitment to secure the rights and well-being of all children. A child rights-based, comprehensive coordinating framework is recommended for the implementation of GC13.     

论驰名商标的保护

“驰名商标”最早见于1925年《巴黎公约》。《巴黎公约》和TRIPS协议对驰名商标的保护分别采取相对保护主义和绝对保护主义两种模式。我国的驰名商标保护制度日益成熟,制度保护体系已与国际接轨,带有显著的国别特色。     

跨界鱼类资源养护与管理的多边主义困境及中国的政策选择

跨界鱼类资源迅速衰退引起国际社会的普遍关注。《联合国海洋法公约》倡导多边主义路径,试图通过尽可能多地汇聚国际共同体成员的协调意志,使养护与管理跨界鱼类资源成为海洋资源可持续利用理念的核心范畴。《公约》并非专门性渔业资源养护公约,对跨界鱼类资源的养护目标也未作规定,对多边主义的内涵与外延在实践中也没有太大的发展。《21世纪议程》突出强调代际公平原则,激起人们对海洋渔业可持续开发的关注,但是它固守传统的捕鱼自由原则,存在与《公约》发生冲突的可能性。FAO守则属于供各国自愿遵守的不具法律约束力的软法规范,虽然它有助于推动建立责任渔业目标但是它没有实质性的执法机制,因此,它注定走向失败。鉴于多边主义困境难以突破,我们必须探寻新的路径。养护信托区能够破解传统国际法的诸多桎梏,当为我国养护与管理跨界鱼类资源的最佳政策选择。     

Rights of the Child and Early Childhood Education and Care in Europe

‘Securing the rights articulated in the Convention is an effective approach to improving the quality of early experiences.’ 1 1 Early Childhood Rights Indicators, A guide for Monitoring the Convention on the Rights of the Child, http://earlylearning.ubc.ca/media/uploads/documents/internationalresearchbriefjan2012.pdf , p2
This article analyses early childhood education and care and child rights in early childhood and their relationship in the European Union. Both are primarily national competencies. The EU has limited access and tools to influence policies and practices, while there are many ways in which indirect interventions are not only possible, but greatly used, often in areas that do not seem to be closely related to the issues discussed here. Yet there is a strong desire and interest of the different EU institutions to encourage and support Member States to implement both ECEC targets and child rights. In this article, we show that, while ECEC has become an essential part of different policies at EU level, there have been efforts to implement and mainstream child rights, with special attention paid to specific dimensions in relation to early childhood policies and practices, but a child rights based approach is missing.     

Hazardous child labor in Nepal: The case of brick kilns

Hazardous child labor in Nepal is a serious concern, particularly in the brick kiln industry. Although a range of interventions have been implemented in Nepal to address hazardous child labor, there is a lack of research to both measure success and shape further development in interventions that integrate sound child protection practices to ensure the wellbeing of all children. This paper provides a review of the literature outlining interventions for children working in brick kilns in Nepal, and presents preliminary case study findings of one current intervention in the Kathmandu Valley. The paper highlights the strength of applying foundational child protection principles and advocates for the development and implementation of future programs underpinned by broad civil society principles within a child rights and protection framework.     

新时期高校教职工维权刍议

高校教职工雏权是新时期高等教育发展的要求，随着高校教育改革不断深化。教职工的维权也随着高教事业的发展而拓展延伸。就目前而言，教代会是高校教职工维权的主要途径，只有完善教代会制度。才能切实雏护高校教职工的权益，促进高校社会主义政治文明的建设。     

联合国教科文组织《保护水下文化遗产公约》评析

为了加强对水下文化遗产的保护,防止对水下文化遗产日益频繁的商业开发和严重破坏,联合国教科文组织第31届大会正式通过了《保护水下文化遗产公约》,这是世界范围内通过的第一个关于保护水下文化遗产的国际性公约,对于保护水下文化遗产无疑具有重要促进意义。《公约》对水下文化遗产做出了明确和科学的界定,创设了水下文化遗产的全面保护机制以及多样化的争端解决机制,为规范水下文化遗产保护提供了科学全面的法律框架。     

虐童事件的法律分析--兼论虐童入罪问题

近年来,社会上屡屡发生虐童案件,引起了广泛关注,成为社会热点问题。就虐童事件的发生与解决进行法律分析,着眼于对未成年人保护问题的思考,通过对现有制度进行剖析,提出解决法律对于虐童问题存在的困境之方法,以期对切实保护我国儿童合法权益贡献绵薄之力。     

Achieving parent-child coordination through convention: fixed- and variable-sequence conventions

Convention provides a major means by which the child can achieve coordinated action with others. One aspect of the structural design of conventions is considered: the composition of a convention's interaction rules. Fixed-sequence conventions, defined as having only obligatory rules, are differentiated from variable-sequence conventions, having at least 1 optional rule. Some interactional effects of the 2 types of conventions are illustrated by a set of fixed- and variable-sequence conventions hypothesized for interaction within 2 families. Fixed- and variable-sequence conventions are placed within the larger context of the state sensitivity of conventions: the degree to which each convention provides both for participants' expressing convention-relevant states and changes in these states, and for their accommodating the interaction to these states and changes--all relevant to achieving coordinated action. The interactional effects of other major sources of state sensitivity are considered and contrasted with those of fixed- and variable-sequence conventions.     

Signal Event Context: Trace technologies of the habit@online

A paradox seems to exist where a child, of compulsory schooling age, is excluded from a school. The practice of exclusion has evolved over the almost two centuries of compulsory schooling. Abolition of corporal punishment in Western Australia and elsewhere has tended to focus attention on exclusion and the grounds justifying such action by school authorities. The current rise in the number of exclusions and the provisions of the UN Convention on the Rights of the Child are part of a shift in the understanding of the issues surrounding the exclusion of a child from compulsory schooling in Western Australia.     

The case of the leaving certificate applied

This paper deals with the topic of child protection in Irish primary schools, and reports on a recently completed survey of newly qualified teachers’ knowledge of and familiarity with their school's child protection policies and procedures. The study was undertaken by means of a questionnaire survey, and conducted with 103 teachers from different schools. The child protection roles and responsibilities of schools are clearly spelt out in national guidelines. However, the findings from this research indicate that compliance with the requirement to inform new staff about the guidelines and ensure that they have read them is weak. This is evidenced by the data concerning the teachers’ reported knowledge of, and familiarity with, their school's child protection policies. Half of the respondents did not know if their school had a child protection policy or not. Of those who were aware of their school's child protection policy, only just over half had read it. Well under half of the respondents knew if there was a Designated Liaison Person (DLP) with responsibility for child protection in their school. Furthermore, nearly two-thirds of respondents reported uncertainty or lack of confidence in being able to identify suspected child abuse. The paper draws on international research on child protection in education to provide the context for a discussion on the factors that influence schools’ motivation and willingness to collaborate as key protectors of children's safety and welfare, and makes recommendations for policy makers, school managers and frontline staff.     

未成年工特殊保护的理论与实践

未成年工特殊保护是未成年工在劳动过程中享有的特殊权益,我国已制订了比较完善的未成年工特殊保护的法律法规.但因诸多原因,侵犯未成年工权益的现象日益增多.加入WTO后,我国未成年工的特殊保护将会受到世界更多的关注,而在国际社会,未成年工的特殊保护有日益与贸易挂钩的趋势,为应对这一趋势,我国应进一步完善未成年工的特殊保护体系.     

Physical child abuse and social change. Judicial intervention in families in The Netherlands, 1960-1995

OBJECTIVE: To show changes in the way juvenile judges and judicial child protection workers deal with physical child abuse in the period 1960-1995 in the Netherlands. METHOD: The study is based on an analysis of files on adolescent and younger children placed by juvenile judges in the Dutch judicial child protection system during the 1960s, 1970s, 1980s, and 1990s. RESULTS: The prevalence of very severe physical violence against children was lower in the recent files than in the older files. Spanking and other minor violence acts were noted more often than in the older files. In the 1960s files, the parents talked still rather openly about the physical punishments they used in child rearing. In spite of the growing attention for and increasing concern about child abuse among professionals, judicial child protection workers intervened less harshly in recent cases of physical child abuse than in the 1960s. CONCLUSION: The decrease in severe physical child abuse may indicate that physical child abuse is actually becoming a less serious problem in the Dutch judicial child protection system. But that may not be the case because of the increased reluctance of parents to report and changes in intervention practices. Other than expected, the growing sensibility for child abuse did not mean more effective control by judicial child protection workers. Possible reasons for these changes are discussed, including the strengthening of the position of perpetrators in law proceedings and the emancipation of children and women in society.     

从国际公约与法律角度看大学生就业难与对策

世界人权宣言、就业政策公约、公民权利和政治权利国际公约、发展权利宣言与经济、社会及文化权利国际公约等国际公约对成年人的生存权、职业就业、选择权与发展权作了论述.2013年是我国大学史上毕业生最多的一年,就业形势十分严峻.我国高校毕业生就业面临不平等的法律歧视、缺少对农村户口大学毕业生的法律保护等多种法律问题.从法律的角度,提出了加快大学生就业权益保护的立法步伐、强化各地政府执法力度与提高大学毕业生运用法律,进行自我保护意识等几点建议.