Didier Reynaert

A Review of Children’s Rights Literature Since the Adoption of the United Nations Convention on the Rights of the Child

Children’s rights have become a significant field of study during the past decades, largely due to the adoption of the United Nations Convention on the Rights of the Child (UNCRC) in 1989. Today, scholarly work on children’s rights is almost inconceivable without considering the Convention as the bearer of the children’s rights debate. The goal of this article is to critically explore academic work on the UNCRC. By means of a discourse analysis of international literature, the article maps the academic discourse on children’s rights. Three themes are identified that predominate in the academic work on the UNCRC: (1) autonomy and participation rights as the new norm in children’s rights practice and policy, (2) children’s rights vs parental rights and (3) the global children’s rights industry. That these three themes distinguish contemporary scholarly work on the UNCRC might not be a coincidence, analysed from the process of ‘educationalization’ that has characterized childhood in western societies since the 19th century. The perspective of educationalization presents a contemporary research agenda for children’s rights for the coming decades.

Between 'believers' and 'opponents': Critical discussions on children's rights

Practices in the field of children’s rights presuppose an agreement on what children’s rights are. Consequently, the implementation of more children’s rights is logically better for children. But is this really the case? In this paper, we try to answer this question critically. The problem with this question however is that from the outset, it becomes overshadowed by a highly polarised discussion between what Stammers (2009) calls ‘uncritical proponents’ at the one hand and ‘uncritical opponents’ at the other hand. The former have a blind belief in the obvious positive effects of children’s rights. The latter radically deny the value children’s rights can have in the aim to realise a greater respect for children. Neither positions are constitutive in strengthening the framework of children’ rights since they both start from a ‘consensus thinking’ on children’s rights. What current thinking in children’s rights lacks is “critique”, considered as questioning and analyzing assumptions that are embedded in current practices in the field of children’s rights. In this article, we argue for the development of a tradition of “critical proponents” in children’s rights in a plea for a tradition of ‘critical children’s rights studies’.

Children’s rights education and social work: Contrasting models and understandings

Despite the adoption of the United Nations Convention on the Rights of the Child, the interest in developing a theoretical grounding for children’s rights education seems to be rather limited. This article argues for a better understanding of children’s rights education as a distinctive practice in social work. Two different conceptions of children’s rights education are identified: as an implementation strategy and as social action. Their relevance to both social work theory and practice are examined.

Children’s Rights and the Capability Approach: Discussing Children’s Agency Against the Horizon of the Institutionalised Youth Land

“Agency” is a fundamental notion in both the frameworks of children’s rights and the capability approach. How can we understand the agency of children and how can it be supported in order to guarantee their human dignity? This concern is the central point of this chapter, where we will discuss children’s agency in the light of both the framework of children’s rights and the capability approach. Discussing children’s agency cannot be done without taking into account the historical and socio-cultural structuring of childhood in our society. This structuring can be grasped under what has been appointed as the “youth moratorium” or the “institutionalised youth land.”

Human rights, the capability approach and Quality of Life: an integrated paradigm of support in the quest for social justice

Purpose This paper highlights the integrative character of orthopedagogics. Quality of Life (QoL), as guiding the normative framework in orthopedagogics is explicitly connected with the framework of human rights and the capability approach (CA) in the quest for social justice and human dignity. The purpose of this paper is to question that how these three specific frameworks can cross-fertilize each other and result in the development of an integrated normative foundation for supporting people living in socially vulnerable situations. Design/methodology/approach This paper reflects on the question on how the human rights framework, the CA and the framework of QoL can be integrated in the support of people who find themselves in a socially vulnerable situation. Findings The core features of each framework are described. Originality/value To conclude the paper, commonalities and the added value of integrating these three frameworks are explored. By integrating these three frameworks, they could function as a shared agenda that gives direction to the daily actions of professionals, with attention for aspects at the micro, meso and macro levels. Each framework and their interrelatedness urge for an integrative approach of orthopedagogics where the strengths of different frameworks are recognized and used in order to support people in socially vulnerable situations to achieve a life worth living.

Children's rights : a framework to eliminate social exclusion : critical discussions an tensions

This volume constitutes a comprehensive treatment of critical perspectives concerning children s rights in their various forms.