Since children are particularly vulnerable in armed conflicts, they are conferred legal protection under International law, like in the International Humanitarian Law and International Human Rights Law. Despite of international legislation, the situation of children remains critically worrying with numerous ongoing armed conflicts and instabilities globally. On the one hand, they are assumed special protection, yet on the other hand, they are commonly used as shields or forced into being combatants. The aim of the study is to outline legal areas of ambiguity or inadequacy in the legal framework and see whether they are sufficient in seeking to protect children in armed conflicts. Following relevant conceptual discussions on International Humanitarian Law and International Human Rights Law, the study employs a legal analysis in conjunction with a normative argumentation approach in reference to the works of various scholars. Based on the findings, I conclude that IHL and IHRL are often not adhered to, by state parties in armed conflicts due to a lack of binding power; hence such conventions do not produce the desired result. Since state parties are either in breach of the conventions, or have not yet ratified them, the conventions are not practically effective in protecting children.

My doctoral research has explored how young children’s participation was put into practice—how it was ‘lived’ and negotiated—in the context of one early learning and childcare setting. The concept of children’s participation is rooted in large part in the UN Convention on the Rights of the Child (1989), which enshrines children’s right to express their views and have those views taken into account. However, young children’s participation rights are often overlooked. The more prominent discourse about young children has been one that focuses on early childhood as a preparatory period of life, in which adults must intervene and shape children’s development. My research has therefore focused on child-adult relationships within the early childhood setting, looking at how young children and early childhood practitioners ‘lived’ children’s participation and negotiated the tensions and challenges that arose for them. To carry out the research, I used an ethnographic methodology to study one fieldwork site in depth. ‘Castle Nursery’ was an early learning and childcare setting in Scotland, where practitioners professed to work in participatory ways with young children. The long-term nature of ethnography allowed me to observe how children’s participation was lived and negotiated at Castle Nursery over an eight-month period of fieldwork. The research found that practitioners challenged adult-led, ‘schoolified’ practices by foregrounding young children’s knowledge and contributions to the setting. Children’s participation was embedded into play-based pedagogy at Castle Nursery, with practitioners organising time and space to allow young children a great deal of influence over their daily experiences. Rather than planning adult-led learning activities, practitioners instead cultivated a rich learning environment for children to explore, through free-flow play. The thesis has also highlighted a variety of tensions and challenges that arose. Even at Castle Nursery, where practitioners were proud of the ways their work challenged conventional norms about young children, there were limits to how far practitioners would take a participatory approach. The thesis has particularly highlighted the importance of reflective practices about the ethical dimensions of early childhood practice. Uncertainty seemed to be an inevitable and enduring feature of living young children’s participation.

This thesis examines how mothers of children labeled ‘learning disabled’ negotiate with educational professionals as advocates for their children. Previous scholarship has not adequately addressed the role that parents, particularly mothers of children labeled ‘learning disabled’ play in the education of their children. Through analyzing the ways in which these educational practices shape people’s experiences and identities, we can gain a deeper understanding of the ways in which labeling processes are experienced, managed, constructed, negotiated and/or resisted. This subject was explored through in-depth interviews with six mothers, using interviewing practices informed by standpoint methodology. My analysis follows two major themes. The first theme deals with the contradictory nature of psychoeducational assessments in the classrooms of the educational system. I demonstrate how psychoeducational assessments act as a set of rules, regulations and rights. I demonstrate how the mothers in my study used these as tools for empowerment and resistance to educational structures and discourses of normalcy. I also demonstrate the limitations of these texts to secure the educational interest and rights of children labeled ‘learning disabled’. The second theme deals with transformation processes. I ask, how do mothers of children labeled ‘learning disabled’ change as a result of negotiating their child or children’s ‘learning disability’. I demonstrate how being a parent of a child labeled ‘learning disabled’ is outside the sphere of ‘regular’ parenting and the sphere of the formal educational system and the economic, social and health-related consequences of such negotiations.

This thesis examines how mothers of children labeled ‘learning disabled’ negotiate with educational professionals as advocates for their children. Previous scholarship has not adequately addressed the role that parents, particularly mothers of children labeled ‘learning disabled’ play in the education of their children. Through analyzing the ways in which these educational practices shape people’s experiences and identities, we can gain a deeper understanding of the ways in which labeling processes are experienced, managed, constructed, negotiated and/or resisted. This subject was explored through in-depth interviews with six mothers, using interviewing practices informed by standpoint methodology. My analysis follows two major themes. The first theme deals with the contradictory nature of psychoeducational assessments in the classrooms of the educational system. I demonstrate how psychoeducational assessments act as a set of rules, regulations and rights. I demonstrate how the mothers in my study used these as tools for empowerment and resistance to educational structures and discourses of normalcy. I also demonstrate the limitations of these texts to secure the educational interest and rights of children labeled ‘learning disabled’. The second theme deals with transformation processes. I ask, how do mothers of children labeled ‘learning disabled’ change as a result of negotiating their child or children’s ‘learning disability’. I demonstrate how being a parent of a child labeled ‘learning disabled’ is outside the sphere of ‘regular’ parenting and the sphere of the formal educational system and the economic, social and health-related consequences of such negotiations.

Thesis (LL.M.)--University of Toronto, 2009. / Source: Masters Abstracts International, Volume: 48-02, page: .

Thesis (LLM (Research))--Murdoch University, 2009. / Thesis submitted to the Faculty of Law and Business. Includes bibliographical references.

This thesis deals with the human rights of children living in families and children in foster education accordance with the legislation in the Czech Republic. In this thesis I present the structure and evolution of socio-legal protection of children and the laws that govern it. In this thesis my aim was to make comparison with selected European states and the countries of the European Union and propose recommendations de lege ferenda protection of human rights of children in accordance with Czech law and in accordance with international legal standards. To achieve this, I used the analysis of these documents. Based on the comparison and based on the data have been proposed recommendations leading to the observance and respect for the rights of children in the Czech Republic.

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No. of bitstreams: 2 Dissertação - Lorena Borges Almeida - 2016.pdf: 6827233 bytes, checksum: 900fff962091d830666103df5458f398 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) Previous issue date: 2016-09-19 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / This research analyzed the Preschool located in Municipal Schools of Primary Education and is linked to the project "Public Policies and Education of Childhood in Goiás: history, conceptions, projects and practices" of the Center for Studies and Research of Childhood and its Education in Different Contexts, Faculty of Education in Federal University of Goiás (NEPIEC/FE/ UFG). The purpose of this study was to know the determinations that permeate preschool at Primary Education school, as well as the conceptions of children and teachers about preschools inserted in school, a reality experienced by them. We used, for our analyzes, the dialectical-historical materialist method, based on contradictions in which was the object of study. The research is composed of three stages: bibliographic survey, documentary analysis and empirical research. The methodological resources that contributed to compose the data were: observations on visits to institutions, photography as a visual resource, questionnaires, interviews and drawings. In order to analyze the preschool it was necessary to look for its historical context, public policies and educational practices constitutive of Childhood Education. Initially, we tried to know the rights of children − because we assumed that preschool, Childhood Education, consists of a right −, brazilian scenario and its nuances on the constitution of children's rights, highlighting laws and official documents that guide childhood education in the country. Empirical research was made in nine schools of Primary Education that attended preschool classes of Municipal Network in Aparecida de Goiânia and, in this way, it was possible to observe the physical spaces during the visits in these institutions. The participation of the teachers happened through questionnaires and interviews, and of the children through interviews and drawings. From the analysis of data it was possible to notice that the contradictions of capitalist society establish economistic principles for education, compromise the quality socially referenced in Child Education, and the rights of children are not contemplated in their totality, being placed in the background in brazilian educational public policies. The universalization of the education of children from 4 to 5 years guarantees the right of these children to attend preschool, however, we highlight the concern for its effectiveness. So, from the empirical investigation and the data analyzed, it became possible to affirm that the guarantee of vacancies in preschools has been happening in an improvised way, since the children are attended in classes of preschool in the schools without necessary materials and structures. Also, the presence and permanence of pre-school at school is highlighted because it follows a traditional model in the configuration of its physical space and for bringing its pedagogical practices closer to the traditional practices of Primary Education. In this sense, we conclude that the preschool inserted in the Primary Education schools is understood as a preparation for subsequent stages, neglecting some rights to the children. Furthermore, the way it has been happening in the current brazilian context, according to the capitalist logic, does not guarantee the quality socially referenced. / Presente pesquisa analisou a Pré-escola situada em Escolas Municipais de Ensino Fundamental e está vinculada ao projeto “Políticas Públicas e Educação da Infância em Goiás: história, concepções, projetos e práticas” do Núcleo de Estudos e Pesquisas da Infância e sua Educação em Diferentes Contextos, Faculdade de Educação da Universidade Federal de Goiás (NEPIEC/ FE/ UFG). O trabalho teve como objetivo conhecer as determinações que permeiam a pré-escola na escola de Ensino Fundamental e, ainda, as concepções das crianças e dos professores sobre as pré-escolas inseridas em escola, uma realidade vivenciada por elas. Utilizamos, para nossas análises, o método materialista histórico-dialético, pautadas nas contradições nas quais estava o objeto de estudo. A pesquisa foi desenvolvida em três etapas: levantamento bibliográfico, análise documental e investigação empírica. Os recursos metodológicos utilizados que contribuíram para a constituição dos dados foram: as observações por meio das visitas às instituições, a fotografia como recurso visual, questionários, entrevistas e desenhos. Para analisarmos a pré-escola foi necessário buscarmos seu contexto histórico, as políticas públicas e práticas educativas constitutivas da Educação Infantil. Inicialmente, nos pautamos em conhecer os direitos das crianças − por partirmos do princípio de que a pré-escola, a Educação Infantil, consiste em um direito −, o cenário brasileiro e suas nuances sobre a constituição dos direitos das crianças, destacando as leis e os documentos oficiais que orientam a educação para a infância no país. A investigação empírica foi realizada em nove escolas de Ensino Fundamental que atendiam turmas de pré-escolas da Rede Municipal de Aparecida de Goiânia e, desta forma, foi possível realizar observar os espaços físicos durante as visitas nas instituições. A participação das professoras aconteceu por meio de questionários e entrevistas, e das crianças por entrevistas e desenhos. A partir das análises de dados foi possível perceber que as contradições da sociedade capitalista estabelecem princípios economicistas para a educação, comprometem a qualidade socialmente referenciada na Educação Infantil, e os direitos das crianças não são contemplados em sua totalidade, ficando em segundo plano nas políticas públicas educacionais brasileiras. A universalização da educação de crianças de 4 a 5 anos garante o direito dessas crianças de frequentarem a pré-escola, no entanto, destacamos a preocupação para efetivação desta. Assim, a partir da investigação empírica e dos dados analisados, tornou-se possível afirmar que a garantia de vagas em pré-escolas vem acontecendo de forma improvisada, na medida em que as crianças são atendidas em turmas de pré-escola nas escolas sem os materiais e as estruturas necessárias. Ainda, a presença, bem como a permanência, da pré-escola na escola se destaca por seguir um modelo tradicional na configuração de seu espaço físico e por aproximar suas práticas pedagógicas das práticas tradicionais do Ensino Fundamental. Neste sentido, concluímos que a pré-escola inserida na escola de Ensino Fundamental é compreendida como um preparatório para etapas seguintes, negligenciando às crianças alguns direitos. Ademais, a maneira como ela vem acontecendo no atual contexto brasileiro, de acordo com a lógica capitalista, não garante a qualidade socialmente referenciada.

The United Nations General Assembly adopted on the 20PthP of November 1989 the Convention on the Rights of the Child responding to the atrocities committed against the child, the deaths of children from armed conflict, and children suffering from diseases and hunger. Moreover, the UNGA adopted on May 25PthP, 2000 two Optional Protocols to the CRC relating to the involvement of children in armed conflict and to the sale of children, the use of the child for pornography and prostitution. The CRC, almost ratified by all states, contains a comprehensive list of Human Rights relating to children which should be respected, promoted, protected and fulfilled. The CRC guarantees children’s individual human rights strengthening the role of parents. The UNCRC defines in article 1 that a child is every human being below the age of 18 unless, in a particular state, the age of majority is achieved earlier and emphasizes on four general principles the best interest of the child, non-discrimination, the rights to life, survival and development and the right to participate. Furthermore, especially for children in armed conflict, the CRC sets up measures which all states parties must implement in order to protect them and the African Charter on the Rights and Welfare of the Child (ACRWC) also sets up some measures to protect them in armed conflict according to International Humanitarian Law and International Human Rights Law. Nevertheless, during armed conflict, it is almost impossible to respect all obligations set in IHL and IHRL. During the last twelve years, the Democratic Republic of Congo was a battlefield in which it has been estimated that 2 million children have been killed, more than 6 million have been injured during this armed conflict. For instance, they have suffered sexual violence, grave psychological trauma, malnutrition and diseases. All the six grave violations against children set by the UN Security Council in its resolution 1612 (killing or maiming of children, recruitment or use of child soldiers, rape and other forms of sexual violence against children, abduction of children, attacks against schools or hospitals, denial of humanitarian access to children) were committed during this period in the DRC. Therefore, the DRC is responsible for the violation of children’s rights set in the various legal instruments protecting children in period of armed conflict. Despite the responsibility of the state, armed groups or individuals are also recognized as criminally responsible of the violation of the rights of children within the Congolese jurisdiction only if the material elements are committed intentionally and with knowledge, according to article 30 of the International Criminal Court. However, the reparation of these violations may foresee restitution, compensation for damage suffered in the past, assurance against future breach of international obligations and an approach that of remedial justice and prevention because children represent our societies and their protection represents a right and a human security issue. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

This thesis examines how mothers of children labeled ‘learning disabled’ negotiate with educational professionals as advocates for their children. Previous scholarship has not adequately addressed the role that parents, particularly mothers of children labeled ‘learning disabled’ play in the education of their children. Through analyzing the ways in which these educational practices shape people’s experiences and identities, we can gain a deeper understanding of the ways in which labeling processes are experienced, managed, constructed, negotiated and/or resisted. This subject was explored through in-depth interviews with six mothers, using interviewing practices informed by standpoint methodology. My analysis follows two major themes. The first theme deals with the contradictory nature of psychoeducational assessments in the classrooms of the educational system. I demonstrate how psychoeducational assessments act as a set of rules, regulations and rights. I demonstrate how the mothers in my study used these as tools for empowerment and resistance to educational structures and discourses of normalcy. I also demonstrate the limitations of these texts to secure the educational interest and rights of children labeled ‘learning disabled’. The second theme deals with transformation processes. I ask, how do mothers of children labeled ‘learning disabled’ change as a result of negotiating their child or children’s ‘learning disability’. I demonstrate how being a parent of a child labeled ‘learning disabled’ is outside the sphere of ‘regular’ parenting and the sphere of the formal educational system and the economic, social and health-related consequences of such negotiations. / Arts, Faculty of / Sociology, Department of / Graduate