Child Rights from Sovereignty to the Ministry
Journal: International Journal of Nations Research (Vol.6, No. 70)Publication Date: 2021.09.21
Authors : Mohammad A. Khaleghinezhad;
Page : 111-126
Keywords : Convention on the Rights of the Child; Right to Protection; Growing Capacities; Right to Participation; Higher Interests of the Child; Ministry Partnership;
Abstract
The Convention on the Rights of the Child (CRC), adopted in 1989, includes the rights of Provision, Protection and Participation, the latter of which is considered a major innovation of this document over previous documents and is based on the three pillars of interest, capacity and voice (views). This article addresses the theoretical and practical failures of the CRC participation principles and tries to introduce another idea called Ministry Partnership in the face of Sovereign and presidential participation of the child, which is the general spirit of this document. The article argues that the idea of Ministry Partnership is the most theoretically and practically defensible idea among the theories put forward so far in the interpretive literature of the Convention. The main issue of this research is to analyze how to protect children against threats while recognizing their participation in different levels of decision making. This article identifies the critical points of the common discourse of children's rights by examining the opinions of the interpreters of the Convention on the Rights of the Child and a critical view of their views through descriptive-analytical methods and library work. It also seeks to capture new ideas for analyzing the rights of the child as a vital member of the human rights body by delving into the basic texts of the domestic legal system.
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