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Articles

A child’s right to participate: Implications for international child protectionFootnote

Pages 14-46 | Published online: 11 Nov 2016
 

ABSTRACT

Child protection is an essential international policy and programming priority involving various efforts. While different actors attempt to redress child protection issues, it is unclear how they appreciate and respect child participation in their work. Consequently, the essential question for this article is how child participation is understood and implemented in international child protection efforts. The child’s rights to participate and to protection are included in several provisions of the United Nations Convention on the Rights of the Child (1989) and other international human rights instruments. Due to numerous benefits, much literature and various actors and organisations support the role and value of child participation. Nevertheless, child participation poses a significant challenge in practice for various reasons including age discrimination, denial of opportunities, as well as tokenistic and irrelevant participatory efforts. Accordingly, this article reviews the international human rights framework and the literature in order to obtain a thorough understanding of how participation and protection are defined and practiced in international child protection efforts and the implications for international human rights in order to generate some considerations for future work. It is submitted that the role and right of child participation reflects rhetoric rather than practice in relation to the historical priority of child protection in most development and humanitarian efforts concerning children.

Acknowledgements

The author extends warm thanks for the inspiration, support and stimulating conversations with numerous valued colleagues that inspired this article and related work, including Olivia Lecoufle, Richard Carothers, Laura Wright, Mónica Ruiz-Casares, Sonja Grover, Kay Tisdall, Lucy Jamieson, Philip Cook, Irene Rizzini, Gerison Lansdown, and all the participants at the Ryerson conference in October 2015. Thanks also to the valuable research assistance of Shaharyar Ahsan, Tamara Britton, Christina Brinco, and Muzna Qidwai. I am also grateful for the support of the peer reviewers of this article.

Disclosure statement

No potential conflict of interest was reported by the author.

Note on contributor

Tara M. Collins is Assistant Professor in the School of Child & Youth Care at Ryerson University in Toronto, Canada. She has a PhD from the University of London and has been dedicated to international human rights since 1996. Her professional experience includes work for: universities in Canada and Ireland; Canadian federal government and parliament; and a national NGO. Research interests include child and youth participation, child protection, anti-violence efforts, monitoring, and rights-based approaches.

Notes

† Earlier versions of this article co-presented at the 5th Conference of the International Society for Child Indicators, University of Cape Town, South Africa, September 2015; and International Conference 25 years CRC, Leiden University, Leiden, the Netherlands, November 2014.

1 Children’s Forum, ‘A World Fit for Us’, General Assembly of the United Nations Special Session on Children, 8 May 2002, http://www.unicef.org/specialsession/child_participation/fit_for_us.html.

2 Landon Pearson Resource Centre for the Study of Childhood and Children’s Rights, ‘Shaking the Movers – Speaking Truth to Power: Civil and Political Rights of Children’ (Ottawa: Landon Pearson Resource Centre for the Study of Childhood and Children’s Rights, 2007), 5, http://www.landonpearson.ca/uploads/6/0/1/4/6014680/shaking_the_movers_ßreport.pdf.

3 UNICEF, What is Child Protection? (New York: United Nations Children’s Fund, 2006). http://www.unicef.org/protection/files/What_is_Child_Protection.pdf (accessed November 30, 2015).

4 Mike Wessells, What Are We Learning about Protecting Children in the Community? An Inter-agency Review of the Evidence on Community-based and Development Settings (London: Save the Children Fund, 2009).

5 UNICEF, Machel Study 10-year Strategic Review: Children and Conflict in a Changing World (New York: UNICEF, 2009), 5. https://childrenandarmedconflict.un.org/publications/MachelStudy-10YearStrategicReview_en.pdf.

6 UN, Convention on the Rights of the Child, 20 November 1989, A/RES/44/25, entered into force 2 September 1990.

7 UN Treaty Collection, ‘United Nations Treaty Collection: Chapter IV.

Human Rights, 11. Convention on the Rights of the Child, New York, 20 November 1989’, Status as at 11 May 2016 05:00:40, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en.

8 Ryerson University and International Child Protection Network of Canada, Facilitating Child Participation in International Child Protection conference, 5–6 October 2015, http://icpnc.org and https://icpnc.org/publications-and-resources/conference-on-child-participation-and-child-protection-resources/.

9 UN Committee on the Rights of the Child, General Comment No. 12: The Right of the Child to be Heard, UN Doc. CRC/C/GC/12, 20 July 2009.

10 Ryerson University and International Child Protection Network of Canada, Conference Executive Summary: Facilitating Child Participation in International Child Protection conference, 5–6 October 2015, https://icpnc.files.wordpress.com/2015/09/fcpicp-conference-executive-summary.pdf.

11 UN, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, UN Doc. A/RES/45/158, 18 December 1990, entered into force 1 July 2003; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN Doc. A/RES/39/46, 10 December 1984, entered into force 26 June 1987; Convention on the Rights of Persons with Disabilities, UN Doc. A/RES/61/106, 13 December 2006, entered into force 3 May 2008; International Convention on the Elimination of All Forms of Racial Discrimination, A/RES/2106 A (XX), 21 December 1965, entered into force 4 January 1969; Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), UN Doc. A/RES/34/180, 18 December 1979, entered into force 3 September 1981.

12 Examples include: International Labour Organization (ILO): Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention 182), adopted on 17 June 1999 by ILO General Conference, entered into force 19 November 2000; and Hague Convention: Hague Convention on the Civil Aspects of International Child Abduction, adopted on 25 October 1980, entered into force 1 December 1983.

13 Organization of African Unity (now known as the African Union): African [Banjul] Charter on Human and Peoples’ Rights, adopted 27 June 1981, OAU Doc. CAB/LEG/67/3/Rev.5, entered into force 21 October 1986; African Charter on the Rights and Welfare of the Child, adopted 11 July 1990, entered into force 29 October 1999, OAU Doc. CAB/LEG/TSG/Rev.1; Council of Europe: European Convention for the Protection of Human Rights and Fundamental Freedoms, signed 4 November 1950, 213 UNTS 222, entered into force 3 September 1953; European Social Charter, signed 18 October 1961, 529 UNTS 89; ETS 35, entered into force 26 February 1965. Organization of American States: American Convention on Human Rights (Pact of San José), signed 22 November 1969, entered into force 18 July 1978, OEA/Ser.L/V/11.23, doc. 21, rev.6 (1979). However, the African Children’s Charter for example, ‘has paradoxically witnessed poor ratification by African countries, including some which were involved in its formulation’, as highlighted in Marisa Ensor and Amanda Reinke, ‘African Children’s Right to Participate in their Own Protection’, The International Journal of Children’s Rights 1, no. 22 (2014): 68–92, 73.

14 UN, Universal Declaration of Human Rights, UN Doc. A/RES/217 A (III), 10 December 1948; International Covenant on Civil and Political Rights, UN Doc. A/RES/2200 A (XXI), 16 December 1966, entry into force 23 March 1976; International Covenant on Economic, Social and Cultural Rights, UN Doc. A/RES/2200A (XXI), 16 December 1966, entered into force 3 January 1976.

15 For example, see UN, Office of the High Commissioner for Human Rights, The International Bill of Human Rights (Geneva: UN 1996), http://ohchr.org/Documents/Publications/FactSheet2Rev.1en.pdf

16 UN Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health, UN Doc. E/C.12/2000/4, 11 August 2000.

17 UN Committee on Economic, Social and Cultural Rights, General Comment No. 16: The Equal Right of Men and Women to the Enjoyment of all Economic, Social and Cultural Rights, UN Doc. E/C.12/2005/4, 11 August 2005.

18 Tara Collins, ‘The Monitoring of the Rights of the Child: A Child Rights-Based Approach’ (PhD Law Thesis, University of London, 2007), 37.

19 Ibid.

20 UN Committee on the Rights of the Child, General Comment No. 8: The Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (arts 19, 28, para. 2; and 37, inter alia), UN Doc. CRC/C/GC/8, 21 August 2006.

21 Collins, ‘The Monitoring of the Rights of the Child’.

22 UN Human Rights Committee, General Comment No. 17 – Rights of the Child (article 24), UN Doc. HRI/GEN/1/Rev.4, 29 September 1989, 1.

23 Ibid., 1.

24 G. Van Bueren, The International Law on the Rights of the Child (Dordrecht: Martinus Nijhoff, 1998).

25 UN, Human Rights Committee, General Comment No. 34 Article 19: Freedoms of Opinion and Expression, CCPR/C/GC/34, 12 September 2011.

26 Collins, ‘The Monitoring of the Rights of the Child’.

27 UN Committee on the Rights of the Child, General Comment No. 12, 5.

28 UN Committee on the Rights of the Child, General Comment No. 13: The Right of the Child to Freedom from all Forms of Violence, CRC/C/GC/13, 18 April 2011, 3.

29 UN Committee on the Rights of the Child, General Comment No. 7: Implementing Child Rights in Early Childhood, CRC/C/GC/7/Rev.1, 20 September 2006, 11.

30 UN, Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, A/RES/54/263 of 25 May 2000, entered into force 18 January 2002.

31 UN, The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, A/RES/54/263 of 25 May 2000, entered into force 12 February 2002.

32 UN, Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, A/RES/66/138 of 19 December 2011, entered into force 14 April 2014.

33 Nigel Thomas, ‘Towards a Theory of Children’s Participation’, International Journal of Children’s Rights 15 (2007): 199–218, 199.

34 Sinclair and Franklin (2002) in ibid., 200.

35 L. Davies, C. Williams, and H. Yamashita, with K. Man-Hing, Inspiring Schools Impact and Outcomes: Taking Up the Challenge of Pupil Participation (London: Carnegie Foundation, 2006), 1–41; and Helen Meintjes, ‘Growing Up in a Time of AIDS: The Shining Recorders of Zisize’, in Children and Young People’s Participation and Its Transformative Potential, ed. E. Kay M. Tisdall, Andressa M. Gadda, and Udi M. Butler (Basingstoke: Palgrave, 2014), 150–67.

36 See for example, L. Jamieson, R. Bray, A. Viviers, L. Lake, S. Pendlebury, and C. Smith, eds. South African Child Gauge 2010/2011 (Cape Town: Children's Institute, University of Cape Town, 2011); Barry Percy-Smith and Nigel Thomas, A Handbook of Children and Young People’s Participation (Abingdon: Routledge, 2010); Mónica Ruiz-Casares, Jaswant Guzder, Cecile Rousseau, and Laurence J. Kirmayer, ‘Cultural Roots of Well-Being and Resilience in Child Mental Health’, in Handbook of Child Well-being (New York: Springer, 2013), 2379–407; and Tara Collins, ‘Child Participation in Monitoring the Convention on the Rights of the Child’, in International Perspectives and Empirical Findings on Child Participation: From Social Exclusion to Child-Inclusive Policies, ed. Tali Gal and Benedetta F. Duramy (New York: Oxford University Press, 2015), 405–37.

37 Tracey Skelton, ‘Children, Young People, UNICEF and Participation’, Children's Geographies 5 (2007): 165–81.

38 Roger Hart, Children’s Participation: From Tokenism to Citizenship (Florence: UNICEF International Child Development Centre, 1992), https://www.unicef-irc.org/publications/pdf/childrens_participation.pdf.

39 Hart in Thomas, ‘Towards a Theory of Children’s Participation’, 199–218.

40 J. Ennew, ‘Preface’, in Stepping Forward: Children and Young People’s Participation in the Development Process, ed. Victoria Johnson, Edda Ivan-Smith, Gill Gordon, Pat Pridmore, and Scott-Villiers Pata (London: Intermediate Technology Publications, 1998).

41 B.C. Hafen and J.O. Hafen, ‘Abandoning Children to Their Autonomy: The United Nations Convention on the Rights of the Child’, Harvard International Law Journal 37 (1996): 449–91.

42 Collins, ‘Child Participation in Monitoring the Convention on the Rights of the Child’, 409.

43 UN Committee on the Rights of the Child, General Comment No. 12, 5.

44 Collins, ‘Child Participation in Monitoring the Convention on the Rights of the Child’, 409.

45 See further Priscilla Alderson, ‘Competent Children? Minors’ Consent to Health Care Treatment and Research’, Social Science & Medicine 65, no. 11 (2007): 2272–83.

46 As examples, see: L. Aptekar, ‘Characteristics of the Street Children of Colombia’, Child Abuse and Neglect 13 (1989): 427–37; S. Agnelli, Street Children, A Growing Urban Tragedy (London: Weinfeld & Nicholson, 1986); A. Invernizzi, L’Enfant qui vit dans les rues en Afrique, en Asia et en Europe de l’Est (Geneva: Bibliographie commentée, Zentralstelle Weltkirche der Deutchen Bischofskonferenz, 2000).

47 Thomas, ‘Towards a Theory of Children’s Participation’, 199–218.

48 Mekada Graham, ‘Changing Paradigms and Conditions of Childhood: Implications for the Social Professions and Social Work’, British Journal of Social Work 41 (2011): 1–16.

49 Sonja Grover, ‘A Response to K.A. Bentley’s “Can There Be Any Universal Children’s Rights”’, International Journal of Human Rights 4 (2007): 429–43, 433.

50 Karl Hanson and Olga Nieuwenhuys, ‘Living Rights, Social Justice, Translations’, in Reconceptualizing Children’s Rights in International Development, ed. Karl Hanson and Olga Nieuwenhuys (Cambridge: Cambridge University Press, 2013), 3.

51 Michael Freeman, ‘Hamlyn Lecture 2015: A Magna Carta for Children?’, YouTube, filmed November 2015, posted December 2015, https://www.youtube.com/watch?v=RZXpm7n7kFI.

52 Ibid.

53 Ibid.

54 Terry Barber, ‘Participation, Citizenship, and Well-Being: Engaging with Young People, Making a Difference’, Young 17, no. 1 (2009): 25–40.

55 Regina Langhout and Elizabeth Thomas, ‘Imagining Participatory Action Research in Collaboration with Children: An Introduction’, American Journal of Community Psychology 46, no. 1–2 (2010): 60–6; Berry Mayall, ‘The Sociology of Childhood in Relation to Children’s Rights’, The International Journal of Children’s Rights 8 (2000): 243–59; Emily Polack, ‘Child Rights and Climate Change Adaptation: Voices from Kenya and Cambodia’, in Children in a Changing Climate (IDS and Plan International, 2010); UNICEF, ‘Machel Study 10-year Strategic Review’.

56 Nandana Reddy and Kavita Ratna, A Journey in Children’s Participation (Bangalore, India: Concerned for Working Children, 2002), 1–41, http://www.streetchildren.org.uk/_uploads/Publications/4_journey_in_childrens_participation.pdf (accessed 19 January 2015).

57 Ruth Sinclair, ‘Participation in Practice: Making it Meaningful, Effective and Sustainable’, Children & Society, 18 (2004), 106–18.

58 UN Committee on the Rights of the Child, General Comment No. 12.

59 Jason Hart, ‘Children’s Participation and International Development: Attending to the Political’, International Journal of Children’s Rights 16 (2008): 407–18; V. Johnson, ‘Conditions for change for children and young people's participation in evaluation: “Change-Scape”’, Child Indicators Research 4 (2011): 577–96.

60 Examples include: Louise Chawla and David Driskell, ‘The Growing Up In Cities Project: Global Perspectives on Children and Youth as Catalysts for Community Change’, Journal of Community Practice 14, no. 1–2 (2006): 183–200, 184; Langhout and Thomas, ‘Imagining Participatory Action Research in Collaboration with Children’, 60–6.

61 Langhout and Thomas, ‘Imagining Participatory Action Research in Collaboration with Children’, 60–6; Polack, ‘Child Rights and Climate Change Adaptation’, 1–41.

62 Julie Guyot, ‘Child and Youth Participation in Protracted Refugee Situations’, Children Youth and Environments 3, no. 17 (2007): 159–78.

63 See E. Kay, M. Tisdall, and Samantha Punch, ‘Not so “New”? Looking Critically at Childhood Studies’, Children’s Geographies 10, no. 3S (2012): 249–64.

64 For example, in relation to child labour see Michael Bourdillon, Deborah Levinson, William Myers, and Ben White, Rights and Wrongs of Child Work (New Brunswick, NJ and London: Rutgers University Press, 2010).

65 Hart, ‘Children’s Participation and International Development’; Tisdall et al., Children and Young People’s Participation and Its Transformative Potential.

66 Hon. Landon Pearson, ‘What Children Have to Say about Their Rights and How Their Collaborators Can Help Them Claim Then: Some Practical Ideas Based on Many Years of Involvement with Decision-making Processes at the Local, National and International Levels’ (Keynote Address to 3rd International Summer Course on The Rights of the Child, Moncton, Canada, 11 July 2014), http://www.landonpearson.ca/news-and-speeches/september-17th-20141.

67 Laure-Helene Piron, ‘Rights-Based Approaches and Bilateral Aid Agencies: More Than a Metaphor?’, IDS Bulletin 36, no. 1 (2005): 19–30, 23.

68 Namhla Mniki and Solange Rosa, ‘Heroes in Action: Child Advocates in South Africa’, Children Youth and Environments 17, no. 3 (2007): 179–97.

69 Michele Poretti, Karl Hanson, Frederic Darbellay, F., and Andre Berchtold, ‘The Rise and Fall of Icons of “Stolen Childhood” Since the Adoption of the UN Convention on the Rights of the Child’, Childhood 1, no. 21 (2014): 22–38, 22.

70 Ibid., 25.

71 Uganda, Ministry of Gender, Labour and Social Development, Uganda Child Rights NGO Network and UNICEF-Uganda Office, The National Child Participation Guide for Uganda: Creating an Environment for Children to be Heard (Kampala: Ministry of Gender, Labour and Social Development), 1–66.

72 Ibid.; Liberia, An Act to Establish the Children’s Law of Liberia, September 2011, http://www.unicef.org/liberia/Liberia_Childrens_Law2011.pdf (accessed 18 August 2016).

73 K. Langden, Creating a Protective Environment for Children: A Framework for Action (New York: UNICEF, 2004), 1–39, 21. http://www.unicef.org/ceecis/RMT_REPORT_FINAL_1_March_04.pdf.

74 Sylvia Chant and Gareth Jones, ‘Youth, Gender and Livelihoods in West Africa: Perspectives from Ghana and the Gambia’, Children's Geographies 2, no. 3 (2005): 185–99.

75 UN Office of the Special Representative of the Secretary-General on Violence Against Children (SRSG), Toward a World Free from Violence: Global Survey on Violence Against Children (New York: SRSG on Violence Against Children, 2013).

76 UNICEF, OECD, and Save the Children, in Elizabeth Gibbons, ‘Wings of the Phoenix: The Legacy of Violence for Adolescents in Postconflict Reconstruction’, in Human Rights and Adolescence, ed. Jacqueline Bhabha (Philadelphia: University of Pennsylvania Press, 2014), 149–69, 164.

77 Ibid.

78 Ibid., 165.

79 Office of the Hon. Landon Pearson, ‘International Summit of Sexually Exploited Youth: Out of the Shadows’, Victoria, Canada, March 1998, http://03559de.netsolhost.com/vicreport-e.htm (accessed 25 May 2016).

80 Pearson, ‘What Children Have to Say about Their Rights’.

81 Office of the Hon. Landon Pearson, ‘International Action Protects War-Affected Children’, Ottawa, Office of the Hon. Landon Pearson, http://03559de.netsolhost.com/htmfiles/hill/19_htm_files/War-Affected.htm; Ibid.

82 Sarah White, ‘De-politicising Development: The Uses and Abuses of Participation’, Development in Practice 6, no. 1 (1996): 142–55.

83 Langhout and Thomas, ‘Imagining Participatory Action Research in Collaboration with Children’, 61.

84 Tara Collins, ‘The Relationship between Children’s Rights and Business’, International Journal of Human Rights 18, no. 6 (2014): 582–633, 601.

85 Mayall, ‘The Sociology of Childhood in relation to Children’s Rights’, 243–59.

86 Smith, cited in Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 86.

87 Sarah White, A. Shymol, and S. Choudhury, ‘The Politics of Child Participation in International Development: The Dilemma of Agency’, The European Journal of Development Research 19, no. 4 (2007): 529–50.

88 Anita Rampal, ‘Scaffolded Participation of Children: Perspectives from India’, International Journal of Children’s Rights 16 (2008): 313–25.

89 Michelo Chilwalo, ‘Barriers to Children’s Participation in Agencies Addressing Child Labour in Zambia: The Case of Lusaka City’, European Scientific Journal 11, no. 11 (2015): 110–31, 110.

90 Chant and Jones, ‘Youth, Gender and Livelihoods in West Africa’, 196.

91 Chilwalo, ‘Barriers to Children’s Participation in Agencies Addressing Child Labour in Zambia’, 117.

92 Key informant, cited in ibid., 120.

93 Chilwalo, ‘Barriers to Children’s Participation in Agencies Addressing Child Labour in Zambia’, 126.

94 UNICEF, cited in ibid., 126.

95 Mniki and Rosa, ‘Heroes in Action’, 179–97.

96 Berman, in Michael Wyness, ‘Children’s Participation and Intergenerational Dialogue: Bringing Adults Back into the Analysis’, Childhood 20, no. 4 (2013): 429–42, 438.

97 Rampal, ‘Scaffolded Participation of Children’, 313–25.

98 Dipak Naker, Gillian Mann, and Rakesh Rajani, ‘The Gap between Rhetoric and Practice: Critical Perspectives on Children’s Participation-Editors’ Introduction’, Children Youth and Environments 17, no. 3 (2007): 99–103.

99 V. Currie and C. Heykoop, Child and Youth-Centred Accountability: A Guide for Involving Young People in Monitoring & Evaluating Child Protection Systems (Victoria, BC: International Institute for Child Rights and Development, 2012).

100 Ibid.; Collins, ‘The Relationship between Children’s Rights and Business’.

101 Melissa Cater, Krisanna Machtmes, and Janet Fox, ‘A Phenomenological Examination of Context on Adolescent Ownership and Engagement Rationale’, The Qualitative Report 18, no. 16 (2013): 1–13.

102 For example, Sonja Grover, ‘Why Won’t They Listen to Us? On Giving Power and Voice to Children Participating in Social Research’, Childhood 11, no. 1 (2004): 81–93.

103 Mayall, ‘The Sociology of Childhood in relation to Children’s Rights’, 243–59; Gina Porter and Albert Abane, ‘Increasing Children’s Participation in African Transport Planning: Reflections on Methodological Issues in a Child-Centred Research Project’, Children’s Geographies 2, no. 6 (2008): 151–67.

104 John Matthews, Drawing and Painting: Children and Visual Representation, 2nd ed. (Thousand Oaks, CA: Sage Publications, 2003).

105 See ILO, III Global Conference on Child Labour – Brasilia, 8–10 October 2013, http://www.ilo.org/ipec/Campaignandadvocacy/BrasiliaConference/lang--en/index.htm.

106 Thanks to Olivia Lecoufle for highlighting this example.

107 Max Nisen ‘How Nike Solved its Sweatshop Problem’, Business Insider, 9 May 2013, http://www.businessinsider.com/how-nike-solved-its-sweatshop-problem-2013-5 (accessed 16 January 2014).

108 See, further, Manfred Liebel, ‘Protecting the Rights of Working Children instead of Banning Child Labour’, The International Journal of Children’s Rights 23, no. 3 (2015): 529–47.

109 Bolivia, Ley 548 Código Niño, Niña y Adolescentes, passed on 3 July 2014 by the Legislative Assembly of the Plurinational State.

110 See, further, Liebel, ‘Protecting the Rights of Working Children Instead of Banning Labour’, 538.

111 See, for example, Anastasia Moloney, ‘Bolivia’s New Law Allowing Child Labour at 10 Breaches International Conventions – UNICEF’, Thomson Reuters Foundation, 24 July 2014, www.trust.org/item/20140724064729-bx215.

112 Bourdillon et al., ‘Rights and Wrongs of Child Work’.

113 Bame Nsamenang, ‘Dilemmas of Rights-Based Approaches to Child Well-Being in an African Cultural Context’, in Vulnerable Children: Global Challenges in Education, Health, Well-Being, and Child Rights, ed. Deborah J. Johnson, DeBrenna Lafa Agbényiga, and Robert K. Hitchcock (New York: Springer, 2013), 14.

114 Amanda Berlan, ‘Child Labour and Cocoa: Whose Voices Prevail?’, International Journal of Sociology and Social Policy 29, no. 3/4 (2009): 141–51, 148–9.

115 Nsamenang, ‘Dilemmas of Rights-Based Approaches to Child Well-Being’, 14.

116 Michael Wyness, ‘Children’s Participation and Intergenerational Dialogue: Bringing Adults Back into the Analysis’, Childhood 20, no. 4 (2013): 429–42, 438.

117 Badham (2004), in Thomas, ‘Towards a Theory of Children’s Participation’, 202.

118 White et al., ‘The Politics of Child Participation in International Development’; Allison James, ‘Giving Voice to Children’s Voices: Practices and Problems, Pitfalls and Potentials’, American Anthropologist 109, no. 2 (2007): 261–72; White, ‘De-politicising Development’, 142–55; Martin Woodhead, ‘Combatting Child Labour: Listen to What the Children Say’, Childhood 6, no. 1 (1999): 27–49; Rampal, ‘Scaffolded Participation of Children’, 313–25.

119 Black (2004), cited in Porter and Abane, ‘Increasing Children’s Participation in African Transport Planning’, 162.

120 Mayo (2001), cited in ibid., 163.

121 Porter and Abane, ‘Increasing Children’s Participation in African Transport Planning’, 163.

122 White, ‘De-politicising Development’, 150–1.

123 See for example, Skelton, ‘Children, Young People, UNICEF and Participation’, 165–81.

124 White, ‘De-politicising Development’, 143.

125 Chris Roche, ‘Impact Assessment: Seeing the Wood and the Trees’, Development in Practice 10, no. 3/4 (2000): 543–55.

126 Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 71.

127 See Martin Calder, ‘Child Protection: Balancing Paternalism and Partnership’, British Journal of Social Work 25, no. 6 (1995): 749–66; and Graham, ‘Changing Paradigms and Conditions of Childhood’, 1–16.

128 Williams (2004), cited in Porter and Abane, ‘Increasing Children’s Participation in African Transport Planning’, 163.

129 Porter and Abane, ‘Increasing Children’s Participation in African Transport Planning’, 163.

130 Graham, ‘Changing Paradigms and Conditions of Childhood’, 1–16.

131 Chilwalo, ‘Barriers to Children’s Participation in Agencies Addressing Child Labour in Zambia’, 117.

132 White and Choudhury, ‘The Politics of Child Participation in International Development’, 529–50; and Chawla, and Driskell, ‘The Growing Up in Cities Project’, 192.

133 Chawla and Driskell, ‘The Growing Up in Cities Project’, 192.

134 Chilwalo, ‘Barriers to Children’s Participation in Agencies Addressing Child Labour in Zambia’, 128.

135 James, ‘Giving Voice to Children’s Voices’, 261–72; White, ‘De-politicising Development’, 142–55.

136 For example, F. Wulczyn, D. Daro, J. Fluke, S. Feldman, C. Glodek, and K. Lifanda, Adapting a Systems Approach to Child Protection: Key Concepts and Considerations (New York: UNICEF, 2010), 21.

137 Wessells, What Are We Learning about Protecting Children in the Community?, 8–9.

138 Ibid., 9.

139 Wessells, What Are We Learning about Protecting Children in the Community?

140 Wulczyn et al., 21.

141 Chilwalo, ‘Barriers to Children’s Participation in Agencies Addressing Child Labour in Zambia’, 118.

142 White, ‘De-politicising Development’, 142–55.

143 Skelton, ‘Children, Young People, UNICEF and Participation’, 177.

144 White, ‘De-politicising Development’, 143.

145 Porter and Abane, ‘Increasing Children’s Participation in African Transport Planning’, 163.

146 Mushunje, in Naker et al., ‘The Gap between Rhetoric and Practice’, 99–103.

147 For example, see Porter and Abane, ‘Increasing Children’s Participation in African Transport Planning’, 163.

148 James, ‘Giving Voice to Children’s Voices’, 261.

149 Naker et al., ‘The Gap between Rhetoric and Practice’, 99–103.

150 Ryerson University and International Child Protection Network of Canada, Facilitating Child Participation in Child Protection, https://icpnc.org/ and https://icpnc.org/publications-and-resources/conference-on-child-participation-and-child-protection-resources/ (accessed 9 May 2016).

151 Elena Rozzi, ‘Transitions to Adulthood in Contemporary Italy: Balancing Sociocultural Differences and Universal Rights’, in Human Rights and Adolescence, ed. Jacqueline Bhabha (Philadelphia: University of Pennsylvania Press, 2014), 39–58, 52.

152 Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 72–3.

153 Noam Schimmel, ‘Freedom and Autonomy of Street Children’, The International Journal of Children’s Rights 14, no. 3 (2006): 211–33.

154 White and Choudhury, ‘The Politics of Child Participation in International Development’, 529–50.

155 See, for example, John Tobin ‘Justifying Children’s Rights’, in The Future of Children’s Rights, ed. Michael Freeman (Boston, MA: Brill-Nijhoff, 2014), 258.

156 Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 72–3.

157 Ibid., 86.

158 Kay et al., ‘Not So “New”?’, 255; and Ulrika Wernesjö, ‘Unaccompanied Asylum-Seeking Children: Whose Perspective?’, Childhood 19, no. 4 (2012): 495–507, 499.

159 Reddy and Ratna, A Journey in Children’s Participation; Rampal, ‘Scaffolded Participation of Children’, 313–25.

160 Porter and Abane, ‘Increasing Children’s Participation in African Transport Planning’, 151–67, 160–1.

161 Alanen, in Wyness, ‘Children’s Participation and Intergenerational Dialogue’, 435.

162 Wyness, ‘Children’s Participation and Intergenerational Dialogue’, 433.

163 M.E. Graue and D.J. Walsh, Studying Children in Context: Theories, Methods, and Ethics (Thousand Oaks, CA: Sage, 1998).

164 For example, see Wyness, ‘Children’s Participation and Intergenerational Dialogue’, 433–4.

165 Reddy and Ratna, Journey in Children’s Participation.

166 Thom Garfat and Leon Fulcher, ‘Characteristics of a Child and Youth Care Approach’, Relational Child & Youth Care Practice 24, no. 1–2 (2008): 7–20, 8.

167 White and Choudhury, ‘The Politics of Child Participation in International Development’, 529–50.

168 James, ‘Giving Voice to Children’s Voices’, 261–72; and Wyness, ‘Children’s Participation and Intergenerational Dialogue’, 429–42.

169 Thomas, ‘Towards a Theory of Children’s Participation’, 199–218.

170 Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 87.

171 Office of the High Commissioner for Human Rights. ‘Frequently Asked Questions on a Human Rights-based Approach to Development Cooperation’ (UN, 2006), 24, http://www.ohchr.org/Documents/Publications/FAQen.pdf.

172 James, ‘Giving Voice to Children’s Voices’, 262.

173 Child Protection Monitoring and Evaluation Reference Group (CP MERG), Ethical Principles, Dilemmas and Risks in Collecting Data on Violence against Children: A Review of Available Literature (New York: UNICEF, Statistics and Monitoring Section/Division of Policy and Strategy, 2012).

174 Chilwalo, ‘Barriers to Children’s Participation in Agencies Addressing Child Labour in Zambia’, 126.

175 Hannah Miller, ‘From “Rights-Based” to “Rights-Framed” Approaches : A Social Constructionist View of Human Rights Practice’, International Journal of Human Rights 14, no. 6 (2010): 915–31, 921.

176 Landon Pearson, ‘The Florence Bird Lecture: “From Strength to Strength: The Interrelated Rights of Women and Children Over the Life Cycle”’, Child & Youth Services 33, no. 2 (2012): 92–103.

177 Freeman, ‘Hamlyn Lecture 2015: A Magna Carta for Children?’.

178 Kay et al., ‘Not So “New”?’, 250. See the tongue-in-cheek video about the gap between Western and African concepts: Mark Neilson, ‘International Aid Worker Meets African Villager’, 2010, https://www.youtube.com/watch?v=Mjq4-srUoz0.

179 Boyden (1997), Nieuwenhuys (1996), Pierik and Houwerzijl (2006), and Woodhead (1997), in Amanda Berlan, ‘Social Sustainability in Agriculture: An Anthropological Perspective on Child Labour in Cocoa Production in Ghana’, The Journal of Development Studies (2013): 1–13, 3.

180 Nsamenang, ‘Dilemmas of Rights-Based Approaches to Child Well-Being’, 17.

181 Ibid., 22.

182 Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 73.

183 Nsamenang, ‘Dilemmas of Rights-Based Approaches to Child Well-Being’, 14.

184 African Union, Charter on the Rights and Welfare of the Child.

185 Regional concerns include female circumcision, a child’s responsibilities, and the family’s role in raising the child; South Africa, Office on the Rights of the Child-The Presidency (ORC), Children in 2001: Report on the State of the Nation’s Children (Pretoria: Office on the Rights of the Child – The Presidency, 2002), 21.

186 For example, see Grover, ‘A Response to K.A. Bentley’s “Can There Be Any Universal Children’s Rights”’, 433.

187 Wyness, ‘Children’s Participation and Intergenerational Dialogue’, 432.

188 Chris Brown, ‘Universal Human Rights: A Critique’, International Journal of Human Rights 1, no. 2 (1997): 41–65.

189 Ibid., 57.

190 Collins, ‘The Relationship between Children’s Rights and Business’, 599.

191 Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 84.

192 Berlan, ‘Child Labour and Cocoa’, 141–51, 148–9.

193 See as examples: Dambisa Moyo, Dead Aid: Why Aid is Not Working and How There is Another Way for Africa (London; New York: Allen Lane, 2009); and Malcolm Maclachlan, Eilish McAuliffe, and Stuart Carr, The Aid Triangle: Recognizing the Human Dynamics of Dominance, Justice and Identity (Blackpoint, NS: Fernwood Pub., 2010).

194 White and Choudhury, ‘The Politics of Child Participation in International Development’, 529–50.

195 Ibid.

196 Thomas, ‘Towards a Theory of Children’s Participation’, 199–218; Hart, ‘Children’s Participation and International Development’, 407–18.

197 For example, the UN Population Fund (UNFPA) advocates that: ‘Child marriage is a human rights violation.’ UNFPA, Child Marriage: Overview, http://www.unfpa.org/child-marriage (accessed 25 May 2016).

198 G. Mann, P. Quigley, and R. Fischer, A Qualitative Study of Child Marriage in Six Districts of Zambia (Lusaka: Government of Zambia and UNICEF, 2015), iii, iv.

199 Cheney (2013), cited in Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 75.

200 Grover, ‘Why Won’t They Listen to Us?’, 81–93.

201 UN, Vienna Declaration and Programme of Action, Adopted by the World Conference on Human Rights in Vienna on 25 June 1993, http://www.ohchr.org/EN/ProfessionalInterest/Pages/Vienna.aspx.

202 Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 84.

203 Myriam Denov, Child Soldiers: Sierra Leone’s Revolutionary United Front (Cambridge: Cambridge University Press, 2010).

204 Martin Woodhead, ‘Combatting Child Labour: Listening to What the Children Say’, Childhood 6, no. 1 (1999): 27–49, 29–30.

205 CP MERG, ‘Ethical Principles, Dilemmas and Risks in Collecting Data on Violence against Children’.

206 Ensor and Reinke, ‘African Children’s Right to Participate in their Own Protection’, 82.

207 Thomas, ‘Towards a Theory of Children’s Participation’, 200.

208 Jane Powers and Jennifer Tiffany, ‘Engaging Youth in Participatory Research and Evaluation’, Journal of Public Health Management and Practice 12 (2006): S79–S87.

209 For political reasons, only one state – the United States – has challenged acceptance of economic, social and cultural rights as rights, preferring such alternative language as ‘goals’; P. Alston, ‘The Importance of the Inter-play between Economic, Social and Cultural Rights, and Civil and Political Rights’, in Human Rights at the Dawn of the 21st Century: Proceedings of Interregional Meeting Organised by the Council of Europe in Advance of the World Conference on Human Rights (Strasbourg: Council of Europe, 1993), 61.

210 The preamble affirms ‘the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people’. Alston, ‘The Importance of the Inter-play between Economic, Social and Cultural Rights, and Civil and Political Rights’.

211 UN General Assembly, cited in E. Schwelb, ‘Some Aspects of the International Covenants on Human Rights of December 1966’, International Protection of Human Rights: Proceedings of the Seventh Nobel Symposium, ed. A. Eide and A. Schou (Stockholm: Interscience & Almqvist & Wiksell, 1968), 103–29, 105–10.

212 UN, Vienna Declaration and Programme of Action, para. 5.

213 E. Brems, ‘Children’s Rights and Universality’, in Developmental and Autonomy Rights of Children: Empowering Children, Caregivers and Communities, ed. J. Willems (Antwerp; Oxford; New York: Intersentia, 2002), 21–45, 31; and P. Hunt, ‘Social Rights: Building a Legal Tradition’, in Universal Human Rights? ed. R.G. Patman (Houndmills, UK: MacMillan Press, 2000).

214 UN Documents, Geneva Declaration of the Rights of the Child, 1924, http://www.un-documents.net/gdrc1924.htm.

215 Hart, ‘Children’s Participation: From Tokenism to Citizenship’.

216 Tara Collins, ‘The Significance of Different Approaches to Monitoring: A Case Study of Child Rights’, International Journal of Human Rights 12 (2008): 159–87, 172.

217 For example, in relation to child participation, see UN Committee on the Rights of the Child, General Comment No. 12, 5.

218 For example, see Chant and Jones, ‘Youth, Gender and Livelihoods in West Africa’, 185–99.

219 Marks and Clapham (2005), cited in Poretti et al., ‘The Rise and Fall of Icons of “Stolen Childhood”’, 22, 36.

220 For example, as Eide et al. point out in relation to economic, social and cultural rights; A. Eide et al., eds, Economic, Social and Cultural Rights: A Textbook, Second Revised Edition (Dordrecht: Martinus Nijhoff, 2001).

221 Marks and Clapham (2005), cited in Poretti et al., ‘The Rise and Fall of Icons of “Stolen Childhood”’, 22, 36.

222 Chawla and Driskell, ‘The Growing Up in Cities Project’, 183–200.

223 Jaap Doek, ‘Child Rights in Practice: Tools for Social Change’, IICRD Conference, Sydney, BC, 25 February–2 March 2007, http://www.jaapedoek.nl/publications/all.php (accessed 8 December 2015), 1, 3.

224 Roche, ‘Impact Assessment’, 543–55.

225 Chawla and Driskell, ‘The Growing Up in Cities Project’, 184.

226 J. Masson, ‘Researching Children’s Perspectives: Legal Issues’, in Researching Children's Perspectives, ed. A. Lewis and G. Lindsay (Buckingham; Philadelphia: Open University Press, 2000), 34–45.

227 Chilwalo, ‘Barriers to Children’s Participation in Agencies Addressing Child Labour in Zambia’, 116.

228 Wyness, ‘Children’s Participation and Intergenerational Dialogue’, 429–42.

229 Calder, ‘Child Protection’, 753.

230 UN Office of the Special Representative of the Secretary-General on Violence Against Children (SRSG), Toward a World Free from Violence: Global Survey on Violence Against Children (New York: SRSG, 2013).

231 Reddy and Ratna, A Journey in Children’s Participation; CP MERG, Ethical Principles, Dilemmas and Risks in Collecting Data on Violence against Children; A. Graham, M. Powell, N. Taylor, D. Anderson, and R. Fitzgerald, Ethical Research Involving Children (Florence: UNICEF Office of Research – Innocenti, 2013).

232 Graham et al., Ethical Research Involving Children.

233 Graue and Walsh, Studying Children in Context.

234 G. Lansdown and C. O’Kane, ‘A Toolkit for Monitoring and Evaluating Children’s Participation’, 6 vols. (London: Save the Children UK, 2014), http://www.savethechildren.org.uk/resources/online-library/toolkit-monitoring-and-evaluating-childrens-participation (Accessed 28 November 2015).

235 James, ‘Giving Voice to Children’s Voices’, 261–72; White, ‘De-politicising Development’, 142–55.

236 M. Santos Pais, ‘The Convention on the Rights of the Child’, in Manual on Human Rights Reporting (Geneva: UN, 1997), 393–504.

237 Young person, cited in A. Del Monte and L. Akbar, ‘Shaking the Movers V – Divided We’re Silent: United We Speak Standing up for Youth Justice: CRC Articles 37 and 40’ (Final Report, Ottawa, Landon Pearson Resource Centre for the Study of Childhood and Children’s Rights, 2012), 19.

Additional information

Funding

Financial support is acknowledged from the Office of Vice President for Research & Innovation and the Office of the Dean of Community Services at Ryerson University. This work was supported by Social Sciences and Humanities Research Council (Canada), [grant number 611-2015-0094].

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