1,721,135 research outputs found
Insights from Children and Youth
No full textChildren’s rights initiatives are frequently undertaken for young people but are much less often done with young people. In both law and policy discourses and research initiatives, children’s voices and insights are typically undervalued. Input from children and youth is vital both to the rights-based approach and to good development research. This chapter focuses on young people’s views and explores how we might incorporate them in the broader conversation about the interconnections between children’s rights and children’s development. The chapter draws on children’s views expressed through research involving young people—at all three stages of development. In doing so, it offers illustrative examples of the value of children’s views and insights, seeking to contribute to efforts that aim to further normalize the idea that research and programs about or for children must be developed and implemented with children. The chapter maintains that the fields of children’s rights and child and adolescent development can find common cause through rights-respecting child participatory research that improves the quality of our knowledge base about children and youth, their rights, and their healthy development
Women\u27s Rights and Children\u27s Rights: A Partnership with Benefits for Both
No full textThis article explores the connections between women\u27s rights and children\u27s rights and suggests ways in which they can complement each other thereby furthering the rights of both groups. The author begins by examining the special case of girls\u27 rights, as girls are vulnerable to exploitation as children and are also subject to the prejudicial practices that violate the rights of women. The author then discusses ways in which women\u27s rights can offer benefits for children and, in turn, how the enforcement of children\u27s rights can support the rights of women. Finally, the author examines the issue of child prostitution in Thailand, as a case study, to demonstrate how a more holistic approach to women\u27s rights and children\u27s rights can benefit all individuals
Can Research Subjects of Clinical Trials in Developing Countries Sue Physician-Investigators for Human Rights Violations?
Full text linkIn 1998, the Centers for Disease Control and Prevention (CDC) unexpectedly announced that it was calling off the maternal-child HIV transmission clinical trials in developing countries, stating that it was satisfied with the results from the drug trial in Thailand. The announcement brought to an abrupt end a clinical trial that was ongoing in eleven countries but had been surrounded by controversy since its inception.
The clinical trial had sparked numerous ethical debates, as some of the pregnant women who served as research subjects received a placebo in order to test the efficacy of a short course of AZT (also called zidovudine) in preventing perinatal transmission of HIV. Proponents of the study said that the research was necessary and was responsive to the existing economic and health conditions in developing countries. Critics countered that the use of placebos was unethical when a known effective treatment was available. This Article does not focus on the ethical debate, rather it aims to examine the legal question: can a woman who served as a research subject and whose child is now HIV-positive bring a lawsuit on behalf of the child against the physician-investigators?
The author examines the prospects for bringing such a lawsuit against the researchers using the framework of the Alien Tort Claims Act. In doing so, the author demonstrates that the major principles of medical experimentation involving human subjects, particularly the requirement of the informed consent of research subjects, have risen to the level of international customary law and therefore could provide the basis of a claim.
The author states that, while such a claim does not mean an end to all clinical trials using placebos, it does suggest that the medical research community needs to develop stronger and clearer guidelines and more strictly enforce these standards. In the absence of this, the author notes, human rights law can provide an alternative means of protecting the most vulnerable of populations
Prosecuting Sex Tour Operators in U.S. Courts in an Effort to Reduce the Sexual Exploitation of Children Globally
No full textThe commercial sexual exploitation of children is a global human rights abuse that has devastating effects on millions of children who are victims of the sex trade. A significant aspect of the problem is the rapidly growing sex tourism industry, in which thousands of men travel each year to developing countries and engage in illegal sexual acts with minors. Although recently some governments have passed legislation that makes it a crime to travel overseas to engage in sexual activity with a minor, little has been done to reduce the sex tourists\u27 access to these children.
In this article, the author examines the prospects for prosecuting sex tour operators, presenting it as one means of helping to reduce sex tourists\u27 access to such activities and thus child prostitution in general. The author offers this step as one way in which those countries whose tourists travel to developing countries for such illegal sexual activity can contribute to ending such exploitation. The Article offers examples of relevant federal law, including several provisions of the Mann Act, and state law, using New York law as an example. While the commercial sexual exploitation of children is a complex problem that must be addressed on a number of levels, the author demonstrates that federal and state prosecutors have the means both to prevent U.S. citizens from organizing sex tours and profiting from such human rights abuses of children and to help reduce the sexual exploitation of children globally
Toward Healing and Restoration for All: Reframing Medical Malpractice Reform
Full text linkThe medical malpractice liability system is blamed for everything from the high cost of health care to quality assurance issues. This Article suggests that that one of the problems with the current approach to medical malpractice is that legal remedies for medical error are not viewed as part of the continuum of care. Thus, a new model - driven by the principle of care and the goal of healing - is needed to address medical errors more effectively. Building from these core principles of care and healing, the author develops a new healing-centered framework which provides a better assessment of the strengths and weaknesses of the current medical malpractice liability system and existing alternative schemes. Evaluating existing options using this new framework, we find that each of the current models falls short in certain ways. The author then turns to restorative justice for guidance in fashioning an alternative system for addressing medical error that meets the objectives of the healing-centered framework. Building on restorative justice principles, the author proposes a restorative medical error resolution scheme aimed at providing healing for patients, health care providers and the community
Human Rights In Children\u27s Literature: A Book Event with Professor and Author Jonathan Todres
No full textIn Human Rights in Children\u27s Literature (Oxford University Press, 2016), authors Jonathan Todres and Sarah Higinbotham investigate children\u27s rights under international law -- identity and family rights, the right to be heard, the right to be free from discrimination, and other civil, political, economic, social and cultural rights -- and consider the way in which those rights are embedded in children\u27s literature from Peter Rabbit to Horton Hears a Who! to Harry Potter. This book traverses children\u27s rights law, literary theory, and human rights education to argue that in order for children to fully realize their human rights, they first have to imagine and understand them.
At the book signing and discussion, Todres, whose research focuses on a range of issues related to children’s rights and child well-being, including child trafficking and exploitation, economic and social rights, and legal and cultural constructs of childhood, will discuss how children grow to realize their inherent rights and to respect the rights of others, and how human rights norms are disseminated so that they make a difference in children’s lives
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Confronting Child Trafficking
No full textIn this essay, based on a lecture delivered at the Hall Center for Law and Health at Indiana University Robert H. McKinney School of Law, the author reflects on anti-trafficking efforts over the past twenty years. He then outlines the framework of a public health approach to child trafficking, with a view to developing a comprehensive, integrated response that prevents the harm from occurring
Confronting Child Trafficking
No full textIn this essay, based on a lecture delivered at the Hall Center for Law and Health at Indiana University Robert H. McKinney School of Law, the author reflects on anti-trafficking efforts over the past twenty years. He then outlines the framework of a public health approach to child trafficking, with a view to developing a comprehensive, integrated response that prevents the harm from occurring
Lessons from the Trade Arena: A Proposal to Change U.S. Immigration Law for the Benefit of U.S. Workers
Full text linkThe establishment of the World Trade Organization and the growing movement toward a global free trade system present new opportunities for the United States and its citizens. Yet despite being one of the driving forces behind this push toward free trade and the removal of all barriers with respect to the trading of goods, the United States continues to take much more of a protectionist stances with regard to its labor market. This approach creates a system where goods move freely across borders but workers cannot.
This article examines this conflict between U.S. trade and immigration law and policy and asks whether the United States could apply some of the principles underlying its free trade policy to its immigration law in a way that benefits the U.S. economy and its workers. Specifically, the author looks at the controversy surrounding the H-1B visa program for non-immigrants and the U.S. treatment of foreign skilled workers. The authors reviews some of the lessons of free trade principles, including the benefits of increased competition and innovation, and examines whether foreign skilled workers can provide similar benefits to the U.S. economy and to U.S. workers. Finally, the author proposes a more open approach to foreign workers, one in which U.S. workers can achieve significant gains
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