Publications

There is universal agreement that the best interests of the child should be a primary consideration in any decisions made about a child’s future. In the case of adoption, which represents one of the most far-reaching and definitive decisions that could be made about the future of any child – the selection of their parents – international law qualifies the best interests of the child as the paramount consideration. The implications of this obligation are all the greater in the context of the intercountry form of adoption, since this involves in addition the removal of a child to a new country and, usually, a new culture.

However, there is no universal agreement on who is ultimately responsible for determining what is in a child’s ‘best interests’, nor on what basis the decision should be made This study responds, in particular, to one key question: what is it that enables a policy, process, decision or practice to be qualified as either respectful or in violation of the best interests of the child in intercountry adoption?

The paper discusses what a fair, or equitable, distribution is, drawing on some contributions of Western philosophers and economists. After reviewing different approaches, it argues that inequality among groups is particularly unjust. The paper argues for a plural perspective on the space in which inequality is assessed, following Sen’s capability approach. It is argued that the assessment should relate to functionings (or outcomes) rather than capabilities (or possibilities), especially for children whose choices are severely constrained.

This study, globally the first comprehensive review of independent human rights institutions for children, takes stock of more than 20 years of their experience.The report provides practitioners with an extensive discussion of the issues as well as a series of regional analyses from around the world. The aim is to help readers understand the purpose and potential of independent human rights institutions for children, what it is they do and how they operate. This review covers institutions created by law or decree that are independent at least in principle. It includes institutions performing activities related to children’s rights operating at the national or local level. The report is organized into two major parts: a series of thematic chapters, drawing out lessons from practice on the distinctive principles and features underlying the function of child rights institutions; and an overview of their international development, looking at the work of institutions by region.

Independent institutions bring an explicit children’s focus to traditional adult-oriented governance systems. Acting as direct mechanisms for accountability, they fill gaps in checks and balances and make sure that the impact of policy and practice on children’s rights is understood and recognized. At a time of global economic uncertainty, a period in which inequities between rich and poor are widening, and a period of reflection on progress towards achieving the Millenium Development Goals and in defining what sustainable and equitable goals should come after, these institutions are key players in promoting systems that are effective in delivering results for children.

Independent institutions bring an explicit children’s focus to traditional adult-oriented governance systems. Acting as direct mechanisms for accountability, they fill gaps in checks and balances and make sure that the impact of policy and practice on children’s rights is understood and recognized. At a time of global economic uncertainty, a period in which inequities between rich and poor are widening, and a period of reflection on progress towards achieving the Millenium Development Goals and in defining what sustainable and equitable goals should come after, these institutions are key players in promoting systems that are effective in delivering results for children.

Independent institutions bring an explicit children’s focus to traditional adult-oriented governance systems. Acting as direct mechanisms for accountability, they fill gaps in checks and balances and make sure that the impact of policy and practice on children’s rights is understood and recognized. At a time of global economic uncertainty, a period in which inequities between rich and poor are widening, and a period of reflection on progress towards achieving the Millenium Development Goals and in defining what sustainable and equitable goals should come after, these institutions are key players in promoting systems that are effective in delivering results for children.

This Digest focuses on independent human rights institutions for children, and the urgent need to create such institutions in every country in the world to protect, promote, and monitor children's rights. Children are among the most vulnerable group in any society, with no vote, no access to the powerful lobbies that influence government agendas, and little access to the legal system and courts to protect their rights. Their needs in terms of education, health, child care, and housing are critical, and the costs of failing children are high for any society. This Digest evaluates the effectiveness and impact of existing institutions, examines the essential characteristics required if such institutions are to fulfil their functions, and challenges the objections frequently presented. Information on existing independent, statutory bodies - their constitutional base, mandate and activities - is also included.

The accession of up to 13 new members in the next decade is the most important development now facing the European Union. This paper analyses measurable differences in the well-being of children between current club members, the EU Member States, and the 10 Central and Eastern European applicants seeking admission. Two themes are used as a framework for the paper. First, the importance of economic, social and cultural rights in the human rights dimension of the 'Copenhagen criteria' laid down for EU accession. Second, the need for a wider approach to measuring differences in living standards and 'economic and social cohesion' within the Union than that currently taken by the European Commission. In both cases the necessity for considering the position of children is emphasised. The empirical sections of the paper then consider in turn three dimensions of well-being of European children in Member States and the applicant countries: their economic welfare, their health, and their education.

This latest 'Innocenti Essay' outlines the legal and moral stance behind UNICEF's emerging human rights ethic. It goes on to consider the implications of this thinking in terms of the organisation's perceived future role. The author attempts to end the debate between the traditional development thinkers and the rights advocates, arguing that 'development' is meaningless unless it is designed to ensure the realisation of human rights.