Human Rights Dilemmas in Child Protection





The instructor reserves the right to un-register students auditing this class to make room for students taking this course for a letter grade. A growing number of children and adolescents around the world are subjected to violence, exploitation and other forms of abuse. These harms persist despite the proliferation of international norms and structures designed to protect this population and promote its wellbeing. In many cases global transformations exacerbate rather than reduce the risks of abuse and increase the protection challenges these risks give rise to. Though each category of child protection deficit has its own characteristics and its attendant normative framework, they all share common and definable elements. These commonalities reflect key structures of the society in which the harms occur: growing income inequality and poverty; natural or man-made disasters of unprecedented destruction; a failure to move beyond concerns relating to basic child survival and attend to core child protection concerns. The study of how societies address their child protection obligations, including the normative framework, advance planning and policy and practice initiatives undertaken, reveals a series of profound and unresolved dilemmas that go to their self-definition as global players. An investigation of the human rights dilemmas that arise in child protection on a global scale presents, in a microcosm, a perspective on the social and political dynamics affecting some of the worlda s most vulnerable populations. The perspective of this course is twofold. One focus is on the child protection issues themselves, their genesis and impact. The other is on the human rights strategies and dilemmas relevant to those (at both the individual and societal level) charged with responding to rights violations affecting children and fulfilling public child protection obligations. In the midst of historic technological advances and significant progress in the realm of international human rights, the strategic choices and responsibilities facing leaders and others concerned with child protection are of increasing complexity and scope. Some challenges require long term structural planning and the ability to marshall resources for child protection across agencies and governments. Other challenges require immediate emergency responses that entail diplomatic, logistical and leadership skills. Yet others require multidisciplinary, integrative talents in order to understand and impinge on detrimental contemporary transformations that have aggravated the plight of many of the worlda s most vulnerable children. Little work has been carried out systematically in any of these areas, with the result that expertise on the ground is thin and operates in a somewhat a evidence-freea zone. A key concern of the course will be to integrate legal approaches with those developed in the health and social sciences. A recurring theme will be the evaluation of how international obligations map onto policy outcomes and how human rights mechanisms affect problems facing vulnerable children on the ground. The course will begin with a brief review of the theory and literature relating to child protection and international human rights. It will proceed with an in depth discussion of case studies covering central aspects of child protection a child labor, child trafficking, child soldiering and child persecution. Analytic points will be derived from an investigation of specific problems, the legal frameworks relating to them and the solutions that have been advanced to address them.