Why Bullying Needs More Efforts to Stop It

The tragic consequences of bullying have become a regular part of the news cycle. In April, an eighth grade girl in Missouri and a sixth grade boy in Pennsylvania committed suicide. Bullying was an important factor, according to their families.

While such devastating cases understandably draw the most attention, they risk leaving the impression that bullying is an issue only in severe cases. In fact, bullying is pervasive and often causes harm. As awareness spreads that bullying is not just a childhood rite of passage but a significant public health issue, the demand for action has increased.

A breadth of actors, from federal agencies to state legislatures to schools, are grappling with how to address the problem. And now a new report by the National Academies of Sciences, Engineering, and Medicine – a leading independent research organization – provides critical insights into bullying’s consequences and what is needed for an effective response....

Full article available at The Conversation.

NEW PUBLICATION: Can Mandatory Reporting Laws Help Child Survivors of Human Trafficking?

Can Mandatory Reporting Laws Help Child Survivors of Human Trafficking?

Abstract:

Once thought of as primarily a criminal justice issue, human trafficking is now recognized an issue that implicates all sectors of society. Trafficked individuals have been identified in a breadth of industries, including manufacturing, agriculture, construction, mining, fisheries, forestry, health care, hospitality and tourism, domestic service, restaurants, forced-begging operations, and the sex industry. Preventing exploitation across so many sectors requires a comprehensive, coordinated response. In addition to the criminal justice system, social services, health care professionals, educators, businesses, media, and others all have a role to play in addressing human trafficking and its attendant forms of exploitation. As part of the recent push to broaden engagement in anti-trafficking efforts, policymakers and advocates have identified mandatory child abuse reporting statutes as a vehicle for engaging health care providers, educators, and others professionals who work with children to help identify children at risk of or exploited by human trafficking. This article examines the potential impact of mandatory reporting laws on efforts to address child trafficking. In the past several years, roughly one-quarter of the states have amended their mandatory reporting laws to cover some or all forms of human trafficking. This article argues that these measures, while well-intentioned, might not have the intended impact without further action. The article examines the potential for mandatory reporting to address both sex trafficking and labor trafficking and then discusses how to make mandatory reporting a more effective tool for addressing the trafficking of children.

Click here to access the full article.

The Importance of Human Rights Education

[Note: See below for January 2022 updates on links to other related sources.]

I recently returned from the Global Summit on Childhood in San Jose, Costa Rica, where hundreds of educators had gathered to explore innovative ways to foster child development and learning. Home to the UN-mandated University for Peace and the Inter-American Court of Human Rights, Costa Rica—which also abolished its armed forces constitutionally in 1949—was a fitting location to reflect on and exchange creative ideas about educating young people.  And it provided numerous reminders of the importance of human rights education.

Though it often receives less public attention than human rights litigation and policy initiatives, human rights education has been a part of international human rights law since the adoption of the Universal Declaration of Human Rights. Article 26(2) of the Universal Declaration reads: “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.”

Subsequent human rights treaties—from the International Covenant on Economic, Social, and Cultural Rights to the Convention on the Rights of the Child—all mandate and reinforce the importance of education aimed at strengthening respect for human rights, tolerance, and peace.  

Human rights education, however, means more than educating about human rights. The UN Declaration on Human Rights Education and Training, adopted in 2011, establishes that human rights education encompasses three critical concepts:

(a) Education about human rights, which includes providing knowledge and understanding of human rights norms and principles, the values that underpin them and the mechanisms for their protection;

(b) Education through human rights, which includes learning and teaching in a way that respects the rights of both educators and learners;

(c) Education for human rights, which includes empowering persons to enjoy and exercise their rights and to respect and uphold the rights of others

In short, creating rights-respecting learning environments and educating individuals in ways that empower them as human rights actors are as important as transmitting knowledge of human rights norms.

It is critical that human rights education receive greater attention and be incorporated more broadly in school curricula in the United States and elsewhere. Research on human rights education demonstrates its capacity to produce numerous positive outcomes for children and adolescents, including an improved sense of self-worth, increased empathy, and a reduction in bullying and harmful behaviors in classrooms. In the end, if people are not taught about their rights and the rights of others, how will they be able to realize their own rights or effectively advocate for others?  

For additional resources on human rights education, click here.

First published on Human Rights at Home blog.

JANUARY 2022 UPDATE: For additional resources on human rights education, see below:

• Jonathan Todres & Ursula Kilkelly, “Human Rights Education Through the Arts.” Human Rights Quarterly, vol 44 (forthcoming February 2022).

• Jonathan Todres, “Children’s Right to Participate: Insights from the Story of Malala.” In Literary Cultures and Twenty-First Century Childhoods, edited by Nathalie op de Beeck, Palgrave, 2020

• Jonathan Todres, “Making Children's Rights Widely Known,” Minnesota Journal of International Law, 29(1): 109-149 (2020) (which explores the Committee on the Rights of the Child’s jurisprudence on Article 42 of the CRC and its connections with human rights education)

• Jonathan Todres, "The Trump Effect, Children, and the Value of Human Rights Education," Family Court Review, 56(2): 331-343 (2018).

• See also: http://jonathantodres.com/human-rights-education.

Addressing new frontiers in international law

From OUPblog:

International criminal tribunals are in trouble. Lines are blurring between international legal systems. It’s increasingly difficult to balance the benefits of open trade with the negative impact of its volatility. Rhetoric around border and migration control is vociferous. At the American Society of International Law’s annual meeting (30 March – 2 April 2016), academics and practitioners will address the theme ‘Charting New Frontiers in International Law’. In preparation for the meeting, we asked some of our authors to share their thoughts.

“In many respects, children’s rights itself is still a new frontier. Although the first international instrument on children’s rights – the Geneva Declaration of the Rights of the Child – was adopted in 1924, adults are still learning to think of children as rights holders. The liberal idea that rights reflect and protect individual autonomy fits awkwardly with how many of us understand and experience children, especially young ones. The evolving nature of children’s capacities – reflected in emerging research on both early childhood and brain development – demands that we think of children’s rights differently than we do of adults’. But how we balance children’s emerging autonomy with their need for protection remains a challenge. Children themselves frequently have thoughtful insights into the human rights challenges they confront (and potential solutions). Yet the traditional view of children, typified by adage that they should be ‘seen and not heard,’ discounts the value of children’s perspectives. Children should be understood as partners in the human rights movement. Ultimately, children’s rights – and educating children about their rights and their responsibilities to respect the rights of others – are essential to building just societies. We cannot expect young adults with no exposure to human rights concepts to assert their rights. Human rights education must start early in life.” - Jonathan Todres

See OUPblog for the full story.

ABA adds its voice to calls for the US to ratify the Convention on the Rights of the Child

The Convention on the Rights of the Child reached an important milestone in 2015, when Somalia and South Sudan completed the ratification process. Their actions leave only one of the 197 member states and parties of the United Nations as a holdout against ratifying the treaty: the United States....

Within the U.S., ratifying the CRC “could provide a framework to improve the well-being of all children,” says professor Jonathan Todres of Georgia State University College of Law in Atlanta, an expert on children and the law. In the international realm, he says, “a common refrain heard by U.S. human rights advocates, including myself, is: ‘How can the U.S. expect other countries to do more when it won’t even participate at all?’"

Full story, written by Martha Middleton, is available here.

Supporting Families’ Efforts to Advance Children’s Rights and Well-being

Early childhood is widely recognized as a critical stage of development.  Yet it’s also a stage during which children receive relatively little focus in the public domain. Most children’s early years are spent in the home, largely beyond the reach of law which historically has sought to retain a public/private divide.  Yet waiting until children enter the public sphere (by starting school) before attending to children’s rights runs the risk of leaving millions of children at a disadvantage. This is not a call for government interference in the family, but rather a reminder of the state’s obligation to support children’s rights and well-being from birth.  And advancing children’s rights means supporting parents and families, so they can provide for their children and ensure their children’s full development. 

Supporting early childhood development means accounting for the interrelated and interdependent nature of rights. Not only does the realization of particular rights depend on the fulfillment of others—for example, children’s education rights depend, in part, on realization of their health rights—but the rights of certain individuals are tied to the rights of others. The rights of children and the rights of their parents are linked in this way.  Many other governments have acknowledged the indivisible nature of rights and adopted holistic responses to the challenges facing families.  Conditional cash transfer programs, which provide funding to families tied to conditions related to health and education, such as regular health care appointments for children and maintaining children’s enrollment in school, offer one example.

In many countries, conditional cash transfer program alleviate some of the financial pressure on low-income families to have their children work rather than attend school. By doing so, these programs help advance children’s health and education rights, while protecting kids from labor exploitation. At the same time, these payments can help bolster the family’s financial security, alleviating pressure on women in particular to pursue riskier employment, thereby supporting women’s labor rights. Brazil has arguably the most well-known program, Bolsa Família, which has provided assistance to millions of families.  With women constituting over 90% of the beneficiaries, the program has also had a positive impact on children, “increas[ing] school attendance and grade progression.”

Holistic approaches to the rights of children and their families make sense. One bill recently introduced in Congress advances this approach. Earlier this month, Senator Bob Casey (D-PA), Rep, Joseph Crowley (D-NY) and Rep. Lois Frankel (D-FL) introduced the Child Care Access to Resources for Early-learning Act (Child C.A.R.E. Act) H.R. 4524/S. 2539.  The legislation would help guarantee affordable, high-quality child care for working families earning up to 200 percent of the federal poverty level. Guaranteeing access to high-quality child care would simultaneously help advance children’s development while alleviating employment and other economic pressures on working parents.

With sixty-five percent of children under 6 years old living either in families with both parents working or with a single parent working, quality child care is critical both to children and their parents.  This bill deserves support, as do other efforts to develop holistic programs that account for the rights of children and their families.

For more on the bill, click here.

Originally published at Human Rights at Home blog and also published at First Focus.

Review of Human Rights in Children's Literature

From the Association for Childhood Education International, February 2016 e-news:

Notable Books and Reports

Human Rights in Children's Literature: Imagination and the Narrative of Law, by Jonathan Todres and Sarah Higinbotham, Oxford Press, 2016
The authors have embarked upon a unique and thought-provoking exploration of children’s literature through which readers gain new insights into how stories influence children’s awareness of their rights. This groundbreaking inquiry is a must read for all those interested in learning how literature serves as a vehicle for human rights education. 

Originally published here.

Link to Human Rights in Children's Literature: Imagination and the Narrative of Law.

Movies and myths about human trafficking

Hollywood loves a good bad guy.

From ruthless mobsters to drug kingpins to serial killers, evil characters are often plucked from real-world events. As human trafficking has garnered more attention, it was inevitable that the issue would hit the big screen. Traffickers, after all, are your quintessential villains. They enslave and exploit human beings for profit.

Today, a growing number of films portray a hero taking down a human trafficking ring....

[But these films often] propagate and reinforce several critical misunderstandings about trafficking.

For the full article, see The Conversation.

Children's Books: The Key to Building a Human Rights Culture

Risa Kaufman, Columbia Human Rights Institute reviews Human Rights in Children's Literature: Imagination and the Narrative of Law by Jonathan Todres & Sarah Higinbotham (Oxford University Press 2016).

"For those working to bring human rights home, the book offers important and unique insights on the role that children’s literature can play in shaping a culture of human rights, near and far."

The full review is available on Human Rights at Home blog.

A National Bill of Rights for Children

Approximately one-quarter of the U.S. population is restricted from voting in elections, entering freely into contracts, and exercising control over important decisions about their own health. These denials would offend the sensibilities of almost anyone if the population in question were adults, but because they are children, little objection is voiced.

Of course, children are different. The developmental nature of childhood necessitates a more nuanced understanding of children’s rights, balancing protection and care with emerging autonomy. Thus, the liberal rights tradition built on the autonomous individual is at times an awkward fit for children’s rights, especially in the case of young children. However, the fact that children’s rights are different does not mean they are non-existent. Rights are inherent. And too many children in the U.S. experience poverty, homelessness, maltreatment, and exploitation. These rights violations demand a response.

While the United States famously continues to be the only country in the world that has not ratified the U.N. Convention on the Rights of the Child, a home-grown effort is underway: a push for a national children’s bill of rights. Last Fall, Representatives Karen Bass (D-CA), Judy Chu (D-CA) and Luis V. Gutiérrez (D-IL) a House Resolution calling for passage of a Children’s Bill of Rights. The Children’s Bill of Rights, which First Focus—a bipartisan organization that advocates on behalf of children and families—has championed, would establish that every child in the U.S. is entitled to measures that ensure their physical, social, and emotional well-being. It also would establish that children are entitled to an education that would enable them to reach their fullest potential and be prepared as adults to contribute to their families and communities.

The Children’s Bill of Rights would cement our commitment to ensure that children have what all (or nearly all) parents would wish for their children anyway: protection from harm, a relationship with caring parents, access to a safe, quality learning environment, and appropriate health care when needed. It deserves everyone’s support.

So with the New Year, perhaps our collective resolution should be to guarantee that no child is left behind—not in the political slogan-sense of the word, but rather undertaking a genuine commitment to reach every child and secure his or her rights. A national Children’s Bill of Rights would be a good start.

Originally published on Human Rights at Home blog.

Building a Culture of Human Rights

Abstract:

How can we build a rights-respecting culture? .... Law is necessary; its mandate can influence and shape behaviors and attitudes. But it isn’t sufficient, in part because law often operates at a distance from the lives of most people, including the most vulnerable and marginalized.....Until human rights education becomes universal, a source much closer to home offers a vibrant set of materials that explore human rights and can help build a rights-respecting environment: children’s literature. Many of the stories children read and have read to them explore and confront important themes about children’s rights and their responsibilities to respect the rights of others. And they do this in a safe, imaginative world that is accessible to children

See more at: OUPblog.

NEW PUBLICATION: Human Trafficking and Film: How Popular Portrayals Influence Law and Public Perception

Popular portrayals of human trafficking matter. They shape the prevailing understanding of the issue, which in turn influences the law and policy developed to address human trafficking. This essay examines the interplay between law and culture, specifically cinematic expressions. It reviews three well-known films on human trafficking and explores some of the key misconceptions in each movie. The essay then shows how these misconceptions are prevalent in many law and policy responses to human trafficking. Finally, the author suggests how scholars and advocates might respond more effectively to cinematic (and other media) portrayals of human trafficking.

Available here.

Making Universal Children’s Day Meaningful

November 20th is Universal Children's Day. The U.N. established Universal Children's Day in 1954 to create a day of “activity devoted to the promotion of the ideals and objectives of the [U.N.] Charter and the welfare of children of the world.” Worthwhile goals, but as there are now more than 125 international observance days, it is fair to ask whether Universal Children’s Day makes a difference.

Universal Children’s Day presents an opportunity to reflect on both progress made and work still to be done. Since the adoption of the U.N. Convention on the Rights of the Child—the most comprehensive treaty on children’s rights and well-being—on November 20, 1989, significant progress has been made on behalf of tens of millions of children around the world. Yet much more work remains. The data on infant and child mortality rates reflects this: globally, the number of deaths of children under five declined from 12.7 million in 1990 to less than 6 million in 2015. That’s vital progress, as many children now realize their most precious right—to life and survival. Yet more than five million young children still die each year, largely due to preventable causes.

But Universal Children’s Day can be much more than a day to raise awareness. It can be a day of action, a launching point for initiatives that accelerate progress on children’s rights and wellbeing. What might that look like? I have three suggestions.

First, if you are President of the United States, send the Convention on the Rights of the Child (CRC) to the Senate for its advice and consent. The CRC is the most widely accepted human rights treaty in history. There are 196 parties to the treaty; the U.S. is the only country that hasn’t ratified it. The CRC has helped foster progress on law, policy, and programs aimed at improving children’s well-being and securing children’s rights. The U.S. signed the treaty in 1995, but it has taken no action since then (ratification is necessary to make a treaty legally binding).

Under U.S. law, treaty ratification requires to the advice and consent of two-thirds of the Senate. Speculation about the level of support in the Senate is understandable, especially after the Senate failed in 2012 to achieve two-thirds support for the Convention on the Rights of Persons with Disabilities (it fell five votes short). But such questions are also premature. The future of the CRC in the United States lies entirely in President Obama’s hands, because the Administration hasn’t even sent the CRC to the Senate for its consideration. On Universal Children’s Day, the President can move the CRC forward by sending it to the Senate.

Second, if you are the CEO of a company, figure out how your company’s expertise or skill set can advance the rights and well-being of children. When the United Arab Emirates faced a problem with trafficking of young boys to serve as camel jockeys (the boys, many as young as five or six years old, were confined in unsanitary conditions, underfed, and often suffered serious injuries in races), it was a Swiss company that helped provide part of the solution. It invented a robot jockey, eliminating the demand for trafficked boys. Of course, technological advances can’t solve everything. Many young boys in Bangladesh, Pakistan, Sudan and Yemen who might have been trafficked to the UAE remain vulnerable to other harms. But the point is not that the private sector has to do everything. Rather, it’s that innovative solutions are needed, and the private sector can make a difference. UNICEF has been building innovative partnerships to improve health, education, and social protection. Companies across all sectors can support this and other similar work. So Universal Children’s Day is an ideal day for CEOs to figure out how their company’s skillset can advance child well-being.

Third, if you are the head of a household, talk about human rights with your children. Rights are inherent. That means children, like adults, possess them. They are not left to governments to decide whether to grant them to individuals at age eighteen. Parents and caregivers are trustees of those rights as children grow and develop. The CRC recognizes the critical role of parents and families in nineteen provisions of the treaty. Children confront rights issues early – in both their day-to-day lives and in the imaginative spaces created for children, such as their favorite books. Though children, especially young ones, might not talk about rights issues using human rights language, they understand rights issues. Parents and other caregivers can play a critical role in guiding and supporting children as they explore questions about their own rights and their responsibilities to respect the rights of others. Universal Children’s Day offers a wonderful opportunity to start to engage children in a dialogue about rights and to explore ways to make their communities more child rights supportive.

In short, whatever role you play in your family, community, or country, you can use your unique position, knowledge, or skills to advance the rights and well-being of children. By doing so, Universal Children’s Day can be the start of a more supportive approach to children’s rights and child well-being.

First published on Human Rights at Home Blog. Also published on the websites of First Focus and the Child Labor Coalition.

The Reporting Process: An Underappreciated Human Rights Asset

The U.S. government recently announced a consultation with civil society on November 12 in conjunction with its next periodic report under the Optional Protocols to the Convention on the Rights of the Child. The U.S. ratified the Optional Protocol to the CRC on the Sale of Children, Child Prostitution, and Child Pornography and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict in 2002 and is preparing to submit its third report to the UN Committee on the Rights of the Child.  This is an important, if often undervalued, opportunity to advance the rights and well-being of children in the United States.

I have been privileged to participate in both prior reviews of the United States under the Optional Protocol on the Sale of Children, including presenting testimony to the U.N. Committee on the Rights of the Child during its session with NGOs in advance of its meeting with the government.  Those experiences show that the reporting process offers three significant opportunities for human rights advocates. First, the Committee takes seriously the views of NGOs. Often the questions, or List of Issues, that the Committee poses to a government reflects gaps highlighted by NGOs in their alternative reports or in their testimony to the Committee.  Second, many of the Concluding Observations and recommendations for the government come from NGO input.  Finally, the post-review process offers a critical opportunity to use the recommendations in advocacy at home.  In prior reviews under the Optional Protocol on the Sale of Children, ECPAT-USA has coordinated the lead alternative report (full disclosure: I serve as child rights advisor to ECPAT-USA).  Following both prior reviews, NGOs organized briefing sessions in various cities in the United States.  After 2008 review of the United States, several NGO representatives (including ECPAT-USA representatives and me) spoke at congressional briefings in the Senate and House of Representatives. Subsequent advocacy spurred the introduction of a bill that became the PROTECT Our Children Act of 2008.  The law addressed some of the recommendations that emerged out of the reporting process (that process is described in more detail here).  While that law isn’t perfect, it shows the potential that exists in the reporting process – the process can be successfully leveraged to advance human rights.

ECPAT-USA will again be coordinating the lead alternative report under the Optional Protocol on the Sale of Children. And again, there is an opportunity to further advance law and policy aimed at securing children’s rights and well-being.

Simply put, the reporting process is a built-in monitoring and evaluation mechanism for human rights. While the substantive provisions of human rights law are essential and provide the basis for our work, the procedural benefits of human rights treaties – notably the reporting process – should not be overlooked.

Originally published at Human Rights at Home blog: http://bit.ly/1Q9eQiu.

It's Official -- The U.S. is Alone on Avoiding Children's Rights

On October 1st, Somalia officially ratified the Convention on the Rights of the Child (CRC). Now every country in the world has ratified the CRC … except the United States. The United States had as much influence on the text of the CRC as any country – during the drafting of the treaty, the United States submitted proposals and revisions on 38 of the 40 substantive provisions of the treaty.  Rights to freedom of speech and freedom of religion are included in the CRC because the U.S. government insisted on it. A review of all treaty provisions reveals that the CRC and U.S. law are largely compatible. Yet the United States remains the only country that resists the idea of accepting obligations to ensure the rights and well-being of every child subject to its jurisdiction.

For more, see the full blog at Human Rights at Home blog.

Human Trafficking, Survivors, and Social Science Research

Human trafficking is a gross violation of human rights. We know that victims and survivors experience physical, psychological, and emotional harm.  Yet on August 18, 2015, the U.S. Court of Appeals for the Fourth Circuit overturned a trafficker’s conviction for “possession and use of a firearm in relation to a crime of violence,” when the crime in question was sex trafficking.

This opinion and others highlight the importance of social science research in court cases. For more, see my post at Human Rights at Home blog. 

The Dark Side of Summer Vacation

For most U.S. children, summer is a time of fun, a break from school.  While play is important for physical, cognitive, and emotional development, summer does have its downside: summer learning loss....

For more on a human rights perspective on summer learning loss, see my post at Human Rights at Home Blog.

Concrete Steps to Address Human Trafficking

The Global Business Coalition on Education examines human trafficking and proposes steps to address the root causes.  Full article here.

Obergefell: The Dissent’s View on Access to Justice

Last week, human rights advocates around the country – and indeed around the globe – celebrated the majority opinion in Obergefell v. Hodges.... One short passage in Chief Justice Roberts’ dissent should not be overlooked, as its implications for access to justice are potentially far-reaching....

Continue reading at Human Rights at Home Blog.

Legal glitch means trafficking transparency law isn't so transparent

The California Transparency in Supply Chains Act, which came into effect in 2012, mandates that certain companies disclose what steps they've taken, if any, to address human trafficking and forced labor in their supply chains....Today, a legal glitch threatens to undermine the law's value and broader efforts to prevent the exploitation of human beings.

For more, see my op-ed on CNN.com: