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Child Soldiers and the Defence of Duress under International Criminal Law
by Windell Nortje Noëlle QuénivetThis book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.
Child Soldiers as Agents of War and Peace: A Restorative Transitional Justice Approach to Accountability for Crimes Under International Law (International Criminal Justice Series #14)
by Leonie SteinlThis book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims.While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice.This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.
Child Soldiers: From Recruitment to Reintegration
by Alpaslan Özerdem Sukanya PodderThis book examines the complex and under-researched relationship between recruitment experiences and reintegration outcomes for child soldiers. It looks at time spent in the group, issues of cohesion, identification, affiliation, membership and the post demobilization experience of return, and resettlement.
Child soldiers in international law (Melland Schill Studies in International Law)
by Matthew HappoldNow available as an eBook for the first time, this 2005 title in the Melland Schill series asks: Can the use of children as soldiers be effectively regulated at an international level? Child soldiers in international law examines how international law has developed to deal with this problematic and emotive issue.Happold looks at the rules restricting the recruitment of children into armed forces - rules which, though important, are often flouted - but also at the wider legal issues arising from child soldiering: to what extent can child soldiers be held criminally liable for their conduct? How should they be treated when captured? How are states obliged to demobilise and reintegrate them into their societies? It also identifies a move away towards enforcement, through the prosecution of those who recruit child soldiers, and proposals for Security Council sanctions against governments and groups who breach their international obligations by using children in armed conflicts.This study will be essential reading for those concerned with public international law, human rights, and the United Nations and peacekeeping.
Child soldiers in international law (Melland Schill Studies in International Law)
by Matthew HappoldNow available as an eBook for the first time, this 2005 title in the Melland Schill series asks: Can the use of children as soldiers be effectively regulated at an international level? Child soldiers in international law examines how international law has developed to deal with this problematic and emotive issue.Happold looks at the rules restricting the recruitment of children into armed forces - rules which, though important, are often flouted - but also at the wider legal issues arising from child soldiering: to what extent can child soldiers be held criminally liable for their conduct? How should they be treated when captured? How are states obliged to demobilise and reintegrate them into their societies? It also identifies a move away towards enforcement, through the prosecution of those who recruit child soldiers, and proposals for Security Council sanctions against governments and groups who breach their international obligations by using children in armed conflicts.This study will be essential reading for those concerned with public international law, human rights, and the United Nations and peacekeeping.
The Child Soldiers of Africa's Red Army: The Role of Social Process and Routinised Violence in South Sudan's Military (On Edge: Ethnographies and Theories of Threshold Phenomena)
by Carol BergerThis book examines the role of social process and routinised violence in the use of underaged soldiers in the country now known as South Sudan during the twenty-two-year civil war between Sudan’s northern and southern regions. Drawing on accounts of South Sudanese who as children and teenagers were part of the Red Army—the youth wing of the Sudan People’s Liberation Army (SPLA)— the book sheds light on the organised nature of the exploitation of children and youth by senior adult figures within the movement. The book also includes interviews with several of the original Red Army commanders, all of whom went on to hold senior positions within the military and government of South Sudan. The author chronicles the cultural transformation experienced by members of the Red Army and considers whether an analysis of the processes involved in what was then Africa’s longest civil war can aid our understanding of South Sudan’s more recent descent into ethnicised conflict. As such, it will appeal to scholars of sociology, anthropology and political science with interests in ethnography, conflict and the military exploitation of children.
The Child Soldiers of Africa's Red Army: The Role of Social Process and Routinised Violence in South Sudan's Military (On Edge: Ethnographies and Theories of Threshold Phenomena)
by Carol BergerThis book examines the role of social process and routinised violence in the use of underaged soldiers in the country now known as South Sudan during the twenty-two-year civil war between Sudan’s northern and southern regions. Drawing on accounts of South Sudanese who as children and teenagers were part of the Red Army—the youth wing of the Sudan People’s Liberation Army (SPLA)— the book sheds light on the organised nature of the exploitation of children and youth by senior adult figures within the movement. The book also includes interviews with several of the original Red Army commanders, all of whom went on to hold senior positions within the military and government of South Sudan. The author chronicles the cultural transformation experienced by members of the Red Army and considers whether an analysis of the processes involved in what was then Africa’s longest civil war can aid our understanding of South Sudan’s more recent descent into ethnicised conflict. As such, it will appeal to scholars of sociology, anthropology and political science with interests in ethnography, conflict and the military exploitation of children.
Child Street Life: An Inside View of Hazards and Expectations of Street Children in Peru (SpringerBriefs in Well-Being and Quality of Life Research #15)
by G.K. Lieten Talinay StrehlThis brief studies the phenomenon of street children in two cities in Peru. It looks at some of the conceptual issues and, after analysing why children are in the street and what behaviour and which aspirations they exhibit, deals with the policy issues and lessons to be learned. This brief investigates when and why the transition from children on the street (street-working children) to children of the street (street living children) takes place and elucidates how they survive. It explains the fluidity and the risks involved in any type of child street life.
Child Support: Law and Policy (Studies In Penal Theory And Penal Ethics)
by Nicholas WikeleyWritten by one of the UK's leading scholars of welfare law, this book analyses the current child support legislation in its broader historical and social context, synthesising both doctrinal and socio-legal approaches to legal research and scholarship. The book draws on the historical and legal literature on the Poor Law and the development of both the public and private law obligation of child maintenance. Modern child support law must also be considered in the context of both social and demographic changes and in the light of popular norms about child maintenance liabilities. The main part of the book is devoted to an analysis of the modern child support scheme, and the key issues are addressed: the distinction between applications in 'private' and 'benefit' cases and the extent to which the courts retain a role in child maintenance matters; the basis for, and the justification for, the exception from the obligation for parents with care on benefit to co-operate with the Child Support Agency where they fear 'undue harm or distress'; the assessment of income for the purposes of the formula and the evidential difficulties this entails; the tension between the formula, which ignores the parent with care's income, and the demands of distributive justice; the further conflict between the formula, under which liability is capped only for the very wealthy, and the traditional approach of private law, which is premised on children being entitled to maintenance rather than a share in family wealth; the treatment of special cases under the formula by way of 'variations' (formerly 'departures'); the nature of decision-making and the scope for appeals; and the efficacy of the provisions relating to collection and enforcement.This book has been shortlisted for the 2007 SLSA Book Prize.
Child Trafficking in China: A Human Rights-Based Perspective
by Ling HanThis book provides a comprehensive view to those who are interested in human trafficking, child trafficking, and child protection in China. Based on over 2000 case laws from 1990 to 2020, this book provides an in-depth analysis of the causes, criminal patterns, and consequences of child trafficking happened in 30 provinces in China. It reveals a phenomenon that has not attracted much attention at the international level -- the trafficking of children, intranational and transnational, for resale and illegal adoption.
Child Trafficking, Youth Labour Mobility and the Politics of Protection (Palgrave Studies on Children and Development)
by Neil HowardThis book provides the first overarching, empirically grounded, critical analysis of child trafficking as an idea, ordering principle, and artefact of politics. It examines (once) hegemonic anti-child trafficking discourse, policy and practice, and does so by placing secondary literature from around the world in conversation the author’s paradigmatic case study of the situation in southern Benin. It deconstructs the child trafficking paradigm, contrasts it with ‘real’ histories of child and youth labour and mobility, and seeks to explain it by going ‘inside’ the anti-trafficking field. In doing so, Howard tells a gripping story of ideology at work.
Child Vulnerability and Vulnerable Subjectivity: Interdisciplinary and Comparative Perspectives (Children’s Well-Being: Indicators and Research #27)
by Dagmar Kutsar Mai Beilmann Oliver NahkurThis book explores child vulnerability in various contexts from a cross-country, comparative perspective. It shows how vulnerability in childhood develops within subjects in relationships with other people (other children, parents, specialists, such as teachers, social workers, and judges), how it is created by welfare, health care, education, and justice systems, and is empowered by multiple crises, such as the COVID-19 pandemic, wars and natural disasters. The authors hope to enhance dialogue between childhood studies and children’s rights studies through these discussions. The role of children’s agency and autonomy, including their right to participate in decision-making processes related to their own life, has a special emphasis in this book. Importantly, the book discusses ethical considerations and challenges connected to the participation of vulnerable children in research. It also adds insights into domain-based child vulnerability, particularly through participatory action research with extremely vulnerable children with traumatic pasts in Estonian substitute care and Ukrainian children with refugee status in Estonia. The book thereby provides deep insights into the ways to increase child well-being by decreasing vulnerabilities and building resilience. It combines approaches from psychology, sociology, law, educational sciences, social work, and media studies, and is an important resource for academics as well as practitioners and policy-makers working on children's well-being.
Child Welfare and Rights: Differences in Common Law and Civil Law Perspectives (Children and the Law)
by Kerry O'HalloranThis book examines jurisdictional differences in the role of the principle of the welfare interests of the child in common and civil law and focuses on differences within these two legal traditions.By identifying and analysing the functions of the principle both in the public and private sector of family law, the book compares and contrasts different jurisdictions and assesses their capacity to implement children’s welfare interests and rights. Covering a variety of topics including child abuse and neglect, state care, adoption and reproductive rights and family breakdown, the book demonstrates how welfare interests and rights can be balanced to create a coherent framework for family law.In addition to providing an up-to-date digest of cases and legislation, the book will be of interest to researchers in the field of child welfare and family law.
Child Welfare and Rights: Differences in Common Law and Civil Law Perspectives (Children and the Law)
by Kerry O'HalloranThis book examines jurisdictional differences in the role of the principle of the welfare interests of the child in common and civil law and focuses on differences within these two legal traditions.By identifying and analysing the functions of the principle both in the public and private sector of family law, the book compares and contrasts different jurisdictions and assesses their capacity to implement children’s welfare interests and rights. Covering a variety of topics including child abuse and neglect, state care, adoption and reproductive rights and family breakdown, the book demonstrates how welfare interests and rights can be balanced to create a coherent framework for family law.In addition to providing an up-to-date digest of cases and legislation, the book will be of interest to researchers in the field of child welfare and family law.
Child Welfare in the Legal Setting: A Critical and Interpretive Perspective
by Thomas M O'BrienExplore legal issues that often hinder the work of child welfare practitioners! Child Welfare in the Legal Setting: A Critical and Interpretive Perspective is a revolutionary study of the child welfare system that is essential for practitioners, educators, and students interested in public child welfare work. It examines the legal system surrounding child welfare workers and highlights their need for agency-specific training. This insightful book challenges the traditional rules of child welfare and paves the way for alternate methods of conceptualizing and organizing child protection. It explores why many family interventions fail and others never even occur. By identifying incongruities between the philosophy of child welfare and its function, this book advocates a more individualistic and efficient technique for assisting clients. Addressing issues and challenges from the initial identification of problems to navigating the legal system, this book is also thorough enough for public child welfare workers who want to take their skills to the next level. The large-system perspective in this book uses the concentric circle model, the rational legal model of legal and court action, and the ritualized process model to examine child welfare practice. Learn why terms such as "child abuse" and "neglect" have become social constructions that vary depending on the values of social workers, judges, attorneys, agencies, and communities. Child Welfare in the Legal Setting: A Critical and Interpretive Perspective examines the standardization of the organizational activities of child welfare systems and how this limits professionals&’ ability to accurately recognize unique problems and intervene in the most beneficial manner. Child Welfare in the Legal Setting also provides controversial opinions on emerging issues including: family investigations sanction for Child Protective Services intervention the legal setting as a host environment the function of the child welfare system rationalization of child welfare intervention "trained incapacity" of social workers Title IVE programs the court system Child Welfare in the Legal Setting: A Critical and Interpretive Perspective identifies vital issues by analyzing the ethical and moral foundations of the child welfare system. This insightful book also takes a close look at how practitioners inadvertently devalue their clients by using language that creates stigmatized social categories such as "victim" and "convicted felon." Supervisors, managers, social workers and child welfare practitioners will benefit from this information. The vignettes that supplement the narrative also make the book an important resource in any child welfare course.
Child Welfare in the Legal Setting: A Critical and Interpretive Perspective
by Thomas M O'BrienExplore legal issues that often hinder the work of child welfare practitioners! Child Welfare in the Legal Setting: A Critical and Interpretive Perspective is a revolutionary study of the child welfare system that is essential for practitioners, educators, and students interested in public child welfare work. It examines the legal system surrounding child welfare workers and highlights their need for agency-specific training. This insightful book challenges the traditional rules of child welfare and paves the way for alternate methods of conceptualizing and organizing child protection. It explores why many family interventions fail and others never even occur. By identifying incongruities between the philosophy of child welfare and its function, this book advocates a more individualistic and efficient technique for assisting clients. Addressing issues and challenges from the initial identification of problems to navigating the legal system, this book is also thorough enough for public child welfare workers who want to take their skills to the next level. The large-system perspective in this book uses the concentric circle model, the rational legal model of legal and court action, and the ritualized process model to examine child welfare practice. Learn why terms such as "child abuse" and "neglect" have become social constructions that vary depending on the values of social workers, judges, attorneys, agencies, and communities. Child Welfare in the Legal Setting: A Critical and Interpretive Perspective examines the standardization of the organizational activities of child welfare systems and how this limits professionals&’ ability to accurately recognize unique problems and intervene in the most beneficial manner. Child Welfare in the Legal Setting also provides controversial opinions on emerging issues including: family investigations sanction for Child Protective Services intervention the legal setting as a host environment the function of the child welfare system rationalization of child welfare intervention "trained incapacity" of social workers Title IVE programs the court system Child Welfare in the Legal Setting: A Critical and Interpretive Perspective identifies vital issues by analyzing the ethical and moral foundations of the child welfare system. This insightful book also takes a close look at how practitioners inadvertently devalue their clients by using language that creates stigmatized social categories such as "victim" and "convicted felon." Supervisors, managers, social workers and child welfare practitioners will benefit from this information. The vignettes that supplement the narrative also make the book an important resource in any child welfare course.
Child Witnesses in Twentieth Century Australian Courtrooms (Palgrave Histories of Policing, Punishment and Justice)
by Robyn BlewerThis book considers the law, policy and procedure for child witnesses in Australian criminal courts across the twentieth century. It uses the stories and experiences of over 200 children, in many cases using their own words from press reports, to highlight how the relevant law was – or was not - applied throughout this period. The law was sympathetic to the plight of child witnesses and exhibited a significant degree of pragmatism to receive the evidence of children but was equally fearful of innocent men being wrongly convicted. The book highlights the impact ‘safeguards’ like corroboration and closed court rules had on the outcome of many cases and the extent to which fear – of children, of lies (or the truth) and of reform – influenced the criminal justice process. Over a century of children giving evidence in court it is `clear that the more things changed, the more they stayed the same’.
Childbirth, Vulnerability and Law: Exploring Issues of Violence and Control
by Camilla Pickles Jonathan HerringThis book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.
Childbirth, Vulnerability and Law: Exploring Issues of Violence and Control
by Camilla Pickles Jonathan HerringThis book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.
Childen In Need: Local Authority Support for Children and Families (PDF)
by Ian Wise Steve Broach Jamie BurtonChildren are in need of support not due to any fault on their part but due to their circumstances. Local authorities have a duty to safeguard and promote the welfare of children and provide services to those 'in need'. Children in Need is a comprehensive and accessible handbook that sets out the statutory obligations of local authorities to support vulnerable children and families, including children in, and leaving, custody, disabled children, migrant children and families, trafficked children and children leaving care. Taking a rights-based approach, it analyses domestic and international law and sets out the entitlements to services and support that are all too often denied. Uniquely focused on the often-neglected Part 3 of the Children Act 1989, Children in need combines authoritative guidance on the law with practical advice from a team who routinely act for children and their families in the court. Children in Need is up to date to include: - Detailed coverage of the new guidance, Working together to safeguard children (2013) and its impact - Analysis of recent key cases, including R(KO) v Lambeth LBC and R(VC) v Newcastle City Council - Case-law developments in respect of duties to migrant children and their families, following the judgment in Clue - Details of the new National Standards for Youth Justice Services (2013) Contents include: legal fundamentals; age assessments; services for children 'in need'; duties and powers to accommodate children; services for migrant children and families; duties to children leaving care; appendices: resources, extracts from legislation and guidance. Children in Need is essential reading for claimant lawyers, advocates, voluntary and statutory sector advisers, local authority lawyers and frontline staff, social workers and academics. It is intended to assist all those who work with and for children 'in need' and their families to understand and apply the law to the benefit of vulnerable children.
Childhood Aggression and Violence: Sources of Influence, Prevention, and Control (Nato Science Series B:)
by David H. Crowell Ian M. Evans Clifford R. O'DonnellThe conference on which this volume is based was one of a series of symposia initiated by the Department of Psychology at the University of Hawaii at Manoa on the theory and research surrounding topics of interest to the faculty and germane to the Hawaiian community. In order to encourage interaction around specific themes, the symposium series has assembled a small, select group of scholars to exchange knowledge, ideas, and enthusiasm with the resident faculty, students, and the community at large. The first two symposia concentrated on cross-cultural themes (Marsella, Tharp, & Ciborowski, 1979; Marsella, DeVos, & Hsu, 1985). The third one addressed a significant social problem: aggression and violence in children. At the time that our plan was being developed, Hawaii, along with mainland states, was experiencing or at least expressing widespread alarm over the involvement of children and youth in violent crime, in belligerence at school, as perpetrators of aggression at home, and as victims of physical abuse. This symposium was planned around a major area within the department, the Clinical Studies Program. The Clinical Studies Program has developed along two interrelated lines of concentration: one emphasized the foundation of clin cical psychology in basic science and the other expanded its purview into the broader community, covering prevention, systems change, and social networks.
Childhood and Children’s Rights between Research and Activism: Honouring the Work of Manfred Liebel
Subjective human rights of children are reasonably fathomed cooperatively by practice, activism and research. Approaches in interdisciplinary learning and teaching in childhood and children’s rights are demonstrated as possibilities for social change through acquiring competencies to think and act children’s rights. This book is dedicated to Manfred Liebel and focuses on his life’s work. He has, throughout his life and work, combined social scientific childhood theories and children’s rights discourses with practical, topical examples of protagonism and agency of children and young people in different national and international contexts.
Childhood Obesity: Ethical and Policy Issues
by Kristin Voigt Stuart G. Nicholls Garrath WilliamsChildhood obesity has become a central concern in many countries and a range of policies have been implemented or proposed to address it. This co-authored book is the first to focus on the ethical and policy questions raised by childhood obesity and its prevention. Throughout the book, authors Kristin Voigt, Stuart G. Nicholls, and Garrath Williams emphasize that childhood obesity is a multi-faceted phenomenon, and just one of many issues that parents, schools and societies face. They argue that it is important to acknowledge the resulting complexities and not to think in terms "single-issue" policies. After first reviewing some of the factual uncertainties about childhood obesity, the authors explore central ethical questions. What priority should be given to preventing obesity? To what extent are parents responsible? How should we think about questions of stigma and inequality? In the second part of the book, the authors consider key policy issues, including the concept of the 'obesogenic environment,' debates about taxation and marketing, and the role that schools can play in obesity prevention. The authors argue that political debate is needed to decide the importance given to childhood obesity and how to divide responsibilities for action. These debates have no simple answers. Nonetheless, the authors argue that there are reasons for hope. There are a wide range of opportunities for action. Many of these options also promise wider social benefits.
Childhood Obesity: Ethical and Policy Issues
by Kristin Voigt Stuart G. Nicholls Garrath WilliamsChildhood obesity has become a central concern in many countries and a range of policies have been implemented or proposed to address it. This co-authored book is the first to focus on the ethical and policy questions raised by childhood obesity and its prevention. Throughout the book, authors Kristin Voigt, Stuart G. Nicholls, and Garrath Williams emphasize that childhood obesity is a multi-faceted phenomenon, and just one of many issues that parents, schools and societies face. They argue that it is important to acknowledge the resulting complexities and not to think in terms "single-issue" policies. After first reviewing some of the factual uncertainties about childhood obesity, the authors explore central ethical questions. What priority should be given to preventing obesity? To what extent are parents responsible? How should we think about questions of stigma and inequality? In the second part of the book, the authors consider key policy issues, including the concept of the 'obesogenic environment,' debates about taxation and marketing, and the role that schools can play in obesity prevention. The authors argue that political debate is needed to decide the importance given to childhood obesity and how to divide responsibilities for action. These debates have no simple answers. Nonetheless, the authors argue that there are reasons for hope. There are a wide range of opportunities for action. Many of these options also promise wider social benefits.
Childhood Stress in Contemporary Society
by James H HumphreyDon&’t let your own reaction to stress negatively affect the children in your care! With new evidence indicating that undesirable stress is likely to have its roots in childhood, Childhood Stress in Contemporary Society is a much-needed resource for anyone who works with children. An authority in the field of stress education, Dr. Jam