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Human rights of children. Standard setting, implementation, social reality: evaluation of the emancipatory character of human rights instruments

Research project P5/15 (Research action P5)


Persons :


Description :

1. Central research theme

The project deals with the evaluation of the role of human rights instruments for the emancipation of children. In line with the results of the research in phase IV, the IAP network will study in depth the ambivalent role of human rights for the emancipation of children, that was revealed via the analysis of the implementation and effects in social reality of these instruments. The interdisciplinary framework that has been developed in phase IV will serve as a frame of reference for the analysis of the dynamic interaction between the judicial standard (standard setting), the implementation of this standard (implementation) and the way in which this relates to social reality (social reality). The project will follow two main lines to consolidate and extend this frame of reference:

1. First of all, specific aspects of human rights of children and emancipation will be analysed in well-defined fields by means of several researches; moreover, the dynamic interaction between 'standard setting', 'implementation' and 'social reality' will be explored further by means of research in a number of these fields. In this research the frame of reference serves as common theoretical background and will be used for the research sections that will in this way empirically complete and illustrate the theoretical framework.

2. Secondly, the network also has the objective to continue the theoretical elaboration and refinement of the frame of reference itself as well as of the concept of emancipation. Basis for this are the results from the research sections, which in joint consultation and through the continuation of the interdisciplinary dialogue, may be of use in the formation of the theory.

2. Research sections

WORK PACKAGE 1 - RESEARCH ON 'STANDARD SETTING'
This research will offer a sharper insight into the normative significance of the present national and international judicial framework as regards children's rights, and as such contribute to a better understanding of the emancipatory nature of international conventions, and along with it the recognition of the possible surplus value of the Convention on the Rights of the Child (CRC).

WORK PACKAGE 2 - RESEARCH ON 'IMPLEMENTATION'
The objective of this research is to gain a better insight into the emancipatory nature of the implementation of human rights and children's rights via the study of their dynamic aspects. To this end a number of judicial implementation mechanisms as well as social discussions on implementation will be investigated. More particularly the possibilities of the implementation mechanisms established by the CRC will be explored; what aspects of implementation in particular play a role in social, economical and cultural rights; and how human rights education may contribute to the implementation of children's rights.

WORK PACKAGE 3 - RESEARCH ON 'SOCIAL REALITY'
Through research into the experiences of the actors (children and families) that were imposed a measure for assistance or protection in juvenile protection, the emancipatory nature of children's rights in social reality will be analysed further.

WORK PACKAGE 4 - RESEARCH ON THE INTERACTION BETWEEN STANDARD SETTING, IMPLEMENTATION AND SOCIAL REALITY
The evaluation of the emancipatory role of human rights in certain contexts will be integrated in the analysis of the dynamic interaction between 'standard setting', 'implementation' and 'social reality' by means of research on a number of concrete themes.

WORK PACKAGE 5 - CONTINUATION OF THE INTERDISCIPLINARY DIALOGUE
The common theoretical frame of reference will be discussed, completed, explored and, if necessary, adjusted further on the basis of research carried out in other work packages


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