NEW PUBLICATION: COVID-19 and Human Trafficking--The Amplified Impact on Vulnerable Populations

“COVID-19 and Human Trafficking—The Amplified Impact on Vulnerable Populations,” JAMA Pediatrics (online Sept 21, 2020; print December 2020) (lead author, with Angela Diaz).

Abstract:

The pandemic has not only revealed inequities, it has also exacerbated them. Already-vulnerable populations are bearing the brunt of the health impacts of COVID-19 and also experiencing educational and economic consequences. This amplified impact of COVID-19 on vulnerable populations has important implications for individuals at risk of or exploited in human trafficking. The COVID-19 pandemic has created circumstances that may increase the risk of trafficking, inhibit identification of those who are trafficked and those who survive trafficking, and make it harder to deliver comprehensive services to support survivors’ recovery.

The full article is available at: https://jamanetwork.com/journals/jamapediatrics/fullarticle/2770536.

COVID-19 Could Spur Privatization of Public-School Education

Note: Essay published originally on Medium, July 20, 2020. Click here.

When our children’s school district announced recently that it would start the year online, the decision ignited a flurry of social media posts and texts from parents. Amidst the messages of stress and anxiety, a wave of more focused posts stuck out. Many parents were proactively creating “pods” and making alternative schooling arrangements for their kids.

This pairing off had started even though schools had yet to announce what virtual schooling would look like. Despite, or perhaps because of, this uncertainty, some parents were seeking to hire tutors and even teachers for their kids, especially their young children. Their individual efforts are understandable. Lots of parents are worried about their kids’ education and simply cannot manage a new school year that looks like the end of last year, when virtual instruction required significant parental involvement. But let’s be clear about the danger of this moment: this is the privatization of public education. And the government is letting it happen.

Yes, many parents have chosen private school for their children in the past. And yes, many middle-class and wealthier parents have long hired private tutors for afterschool and weekend help. But this is different. It is not supplementary. Families with kids in public school are feeling the need to hire tutors or teachers and pay for the public school portion of the day. This is about guiding their kids through the regular 8 am to 2 pm school day. Imagine this playing out in person: it would be like having a first-grade class with 4 or 5 additional teachers in the room who will work only with selected students, while the majority of kids compete for the attention of one teacher.

We all know that the US education system is already deeply unequal with huge disparities in resources across neighborhoods. But now COVID-19 and the government’s inept response to it — the result of which is that US children won’t return to in-person schooling when their peers in other countries will — threaten to turn these gaps into chasms and to drop even more children by the wayside, including those in middle class families who weren’t thought to be at risk.

This privatization of the school day is not coming just from parents who seek any possible advantage for their child. Far more parents seem to be pursuing this option simply because they have no other choice if they are to keep their jobs. And yet many other parents simply cannot afford to pay for basic public education for their children.

Of course, no one can prohibit a parent from spending money on their children’s education (and generally speaking, that’s not a bad thing). But too many parents confront the impossible decision of either spending money they don’t have or accepting that their child will be left behind.

There is really only one way to stem the tide of this privatization: we have to ensure that virtual instruction is effective for kids and doesn’t overburden parents who need to work. That’s a tall order, especially given that most school districts are attempting to rework their curriculum with only a couple weeks of additional training and prep days for teachers. That leaves teachers, who for far too long have been asked to do more and more with fewer resources, in an impossible situation.

No, we can’t dump this on teachers, just as we can’t dump it on parents who desperately need to work.

Ultimately, responsibility lies with the federal government and state legislators. They failed to seize the opportunity in March and April when they had months to plan and prioritize children’s education. Now, the only way we will get through this pandemic with public school education still a public good is if federal and state policymakers immediately identify and invest the resources needed to ensure every child can develop to their full potential. Anything short of that deserves an F.

NEW BOOK: The Oxford Handbook of Children's Rights Law

I’m delighted to announce the publication of my latest book, The Oxford Handbook of Children’s Rights Law.

The abstract is below, and the book is available here (email me for a discount code).

Abstract

Children’s rights law is a relatively young but rapidly developing discipline. The UN Convention on the Rights of the Child (CRC), the field’s core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children’s rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world’s population and every human being’s first stages of life. Now thirty years old, the CRC signaled a definitive shift in the way children are viewed and understood—from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children’s rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached the state in which more critical evaluation and assessment is needed of both the CRC and the large body of children’s rights law and policies that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children’s rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children’s rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children’s rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children’s rights law. 

Why Children Are an Overlooked Ally in the Fight Against Human Trafficking

In conjunction with #MyFreedomDay, organized by the CNN Freedom Project, I wrote an essay for CNN. An excerpt and link to the full article are below:

Excerpt:

Human trafficking is a grave violation of basic human dignity. In more than 20 years of research and advocacy on the issue, I have yet to meet an individual who is not appalled when they first learn about human trafficking and the harms it inflicts. Yet it continues to thrive, and nearly every sector of society is implicated.

Because of human trafficking's reach and complexity, ending this crime will require a comprehensive, integrated response in which all sectors of society play a role. Law enforcement, social services, health care, education, transportation, media, and the private sector are all well-positioned to make a difference. However, one critical constituency is often overlooked: Children.

Children can, and in many cases already do, play a critical role in the fight against human trafficking.

Continue reading at CNN.

NEW PUBLICATION: Making Children's Rights Widely Known

I’m pleased to announced a new publication: “Making Children’s Rights Widely Known” published in the Minnesota Journal of International Law, 29(1): 109-149 (2020).

The abstract is below, and the full article can be downloaded here.

Abstract

Since the advent of the U.N. Convention on the Rights of the Child (CRC), the international community has witnessed significant progress on children’s rights in both law and practice. Yet as we reach the 30th anniversary of the CRC, children’s rights violations remain widespread. These abuses reinforce the fact that children’s rights—and human rights more generally—have yet to be fully embraced in all communities. A precursor to children’s rights being fully embraced and respected is to have them widely known and understood. This article asserts that a significant factor in the failure to achieve widespread acceptance of children’s rights is the insufficient attention given to implementation of Article 42 of the CRC and its obligation to make children’s rights “widely known.” Article 42 of the CRC is simultaneously one of the most important and most overlooked provisions of the treaty. Article 42 requires states to ensure that “the principles and provisions of the [CRC] are widely known, by appropriate and active means, to adults and children alike.” Despite the threshold nature of Article 42—without knowledge that they have rights, individuals cannot seek to realize them—there has been surprisingly little meaningful work done to ensure that Article 42 is fully implemented.

This article seeks to invigorate a discourse on Article 42 of the CRC, its meaning, and best practices for securing its full implementation. It includes an analysis of the U.N. Committee on the Rights of the Child’s jurisprudence on Article 42. The article also discusses how Article 42’s mandate and the human rights education mandate found in CRC Article 29 and other treaties should be understood in relation to each other. Finally, the article maps the relevant stakeholders and their roles in the implementation of Article 42, with a view to building sustained support for law, policies, and programs that advance children’s rights and well-being.

Book Event: "Preventing Child Trafficking"

Dr. Angela Diaz and I were delighted to have the opportunity to present our new book on January 28, 2020, at an event hosted by the Center for Law, Health & Society at Georgia State University College of Law.

We were thrilled to see such a huge turnout. It’s wonderful to see so many attorneys, health care professionals, social workers, faculty, and students interested in addressing human trafficking.

More details on the event are available here.

NEW BOOK: Preventing Child Trafficking: A Public Health Approach

I am delighted to share the news that my latest book — Preventing Child Trafficking: A Public Health Approach — is now in print. It was published by Johns Hopkins University Press and done in partnership with Angela Diaz, director of the Mount Sinai Adolescent Health Center in New York City.

The book is available on the Johns Hopkins University Press website as well as on Amazon.

The Convention on the Rights of the Child Turns 30

Anniversaries are generally cause for celebration. And this week marks a significant one in the children’s rights world. On November 20, 2019, the global community celebrates the 30thth anniversary of the UN Convention on the Rights of the Child (CRC). What’s impressive about the CRC is not just its breadth of coverage (it’s the most comprehensive treaty on children’s rights) or its widespread acceptance (it’s the most widely-ratified human rights treaty in history). What’s arguably most impressive is its transformative value. The CRC has compelled governments to recognize children as individuals with rights of their own. It has spurred countless laws, policies and programs aimed at improving child wellbeing. And it has done all this while reaffirming the vital role of the family.

Since advent of the CRC, we have witnessed significant progress on an array of issues affecting children—under-five child mortality has declined by more than half, school enrollment has increased, child labor has dropped, and gains have been realized in many other areas. So, November 20th, we should celebrate these positive developments of the CRC era.

And then on November 21, we need to get back to work. Children’s rights—like human rights more broadly—are still a work in progress in every country.

Here in the United States, the “To Do” list is far longer than a short essay can capture. Racial disparities, barriers to education and health care, trafficking and other forms of child exploitation, exploitative child labor, child marriage, and other child rights violations persist in the United States. And arguably the most blatant violations of children’s rights are occurring at the U.S. southern border. As a colleague and I have detailed, the children’s rights abuses perpetrated by the Trump Administration, through its family separation and child detention actions, are extensive. And the trauma inflicted on children, including toddlers, will likely have lifelong adverse consequences. In short, when the last surviving prosecutor from the Nuremberg Trials calls your government’s actions a “crime against humanity,” addressing such gross violations of human rights must be at the top of any priority list.

Of course, the United States is the only country that has not ratified the CRC. Despite this, the treaty can still be an asset we can use to strengthen communities and support children’s development. After all, many of us are guided in our daily lives by moral, ethical or religious principles that are not enshrined in law. Children’s rights law offers the same potential. So while we may have to wait for U.S. ratification of the CRC, children’s rights frameworks can be employed effectively at the state and local level. UNICEF’s Child Friendly Cities Initiative offers one potential model for partnering with cities and towns to help ensure children’s wellbeing.

Finally, perhaps the biggest lesson from the CRC is the value of children’s voices. Article 12 of the CRC establishes that children have a right to be heard. And their voices can make a difference. We need only look to recent youth advocacy on gun violence and climate change to see the positive power that children have and the thoughtful vision they have for their future and ours.

As Eleanor Roosevelt once stated, universal human rights begin ‘in small places, close to home - so close and so small that they cannot be seen on any maps of the world... Unless these rights have meaning there, they have little meaning anywhere.’

Each of us can support and strengthen children’s rights by beginning close to home. We can use the CRC as a guide for creating more rights-respecting communities. And, most important, we can listen to and help ensure that all children are heard on matters that affect their lives.

First published at the Human Rights at Home blog.

Faith and Children's Rights

I’m delighted to share this new Arigatou International report, Faith and Children’s Rights: A Multi-religious Study on the Convention on the Rights of the Child. Among other things, the report identifies important ways faith communities and children’s rights advocates can partner to advance the rights and wellbeing of all children.

I was honored to be one of the primary authors of the Study and look forward to building on its findings to make progress in ensuring children’s rights.

Distinguished University Professor

I’m honored to have been named Distinguished University Professor at Georgia State University. A link to the university’s coverage of the event is here and here.

Costa Rica / Global Perspectives on Children & the Law: Final Reflections

We had a remarkable week exploring children’s rights in Costa Rica. As I often say when teaching, the law is ultimately about people. And this Study Abroad trip provided an opportunity to see how the law interacts with and affects the lived experience of diverse communities, from migrants living in an informal settlement in San Jose to indigenous peoples living in rural Costa Rica. Our final day included two site visits:

• Tecnológico de Costa Rica (TEC), a university with an innovative program focused on increasing access to higher education for indigenous students in Costa Rica. Thank you to Diana Segura Sojo and the students in the program (you were all amazing; we learned so much and left inspired).

• The Inter-American Court of Human Rights. Thank you for hosting us and giving us a behind-the-scenes look at the Court and its work (and its innovative ideas when it comes to remedies).

We are truly grateful to all the individuals and institutions who gave their time to our program, including especially our partners at the University for Peace Centre for Executive Education. Thanks also to GSU College of Law, its Center for Law, Health and Society, and the GSU Study Abroad Office for their support. Finally, I am grateful to the students on the program—their commitment inspires me and gives me hope for the future.

In the spirit of the TEC program, I end this “Wrap Up” post with the students’ voices. Selected reflections are included below:

• Global Perspectives on Children and the Law is a fully immersive program that will help you truly understand the impact that human rights law can have on a vast number of individuals and communities. The program focused on various aspects of children rights issues, practices, and programs covering health, social, cultural, environmental, economic, and educational rights. This was a once in a lifetime opportunity not only to bond with a group of highly educated people and experience the reality of Costa Rica on a deeper level, but also it gave us tools to look at human rights law and the seemingly insurmountable world problems in a different lens. — Pamela Pedersen

• I have gained a great appreciation for the Costa Rican people's implementation of the Convention on the Rights of the Child, providing access to education and healthcare while maintaining their culture. Something so monumental requires the full support of the citizens and that is evident here. It has opened my eyes to see that my way (or on a bigger scale, the US way) is not the only way. This trip has provided me with an appreciation for international law and direction for my career in law in the U.S. Lastly, somewhat unexpectedly, I learned a lot about healthcare in Costa Rica as compared to the US system which will enable me to take a more educated stance in my personal life.  — Ashley O’Neil

• We take for granted the notion that our ways of life are the only ways feasible. Math, as we perceive it, is a universal language. We can’t all learn the same. We can’t all be medicated the same. The challenge has been and continues to be incorporating two diverse worlds and having cultural pertinence in all aspects of an individual’s life. Visiting TEC made me realize how much our school systems lack in understanding that you can’t take a huge group of DIFFERENT kids and expect them to learn in the SAME manner. Visiting an indigenous community near San Vito showed me that you can have a universal understanding of what medicine is but also allow alternative methods of medicine to be incorporated — Mattou Mokri

• This trip has been not only enlightening and educational, but also a lot of fun. I feel as if I’ve gotten a full tour of Costa Rica, from government agencies and programs, to city living and the beach. As they say in Costa Rica, Pura Vida!  — Sophie Welf

Costa Rica -- Days 3 & 4: The lived experience of migrant indigenous peoples

Days 3 and 4: Over the past two days, we’ve had the opportunity to enrich our understanding of the lived experience of indigenous communities in the south of Costa Rica and the rights-based approach of the government to health and other interventions. The Casa de la Alegría program in Costa Rica offered a great example of an intervention that addresses the interrelated nature of children’s rights and the rights of their parents. In addition, our visit to La Casona, an indigenous territory, provided important insights into how health and human rights interventions can be adapted to meet communities where they are and ensure respect for local culture.

Many thanks to the following: Carlos Faerron Guzmán, from whom we learned so much; the other individuals who joined us for various parts of these two days and shared their knowledge; the communities that gave us the opportunity to visit and learn from them; and the Organization for Tropical Studies for hosting us.

Costa Rica -- Day 2: From International to Indigenous Perspectives

Day 2:  Another fantastic day in Costa Rica. It started with a thought-provoking, framework-challenging lecture from UPEACE Professor Olivia Sylvester on indigenous peoples’ rights, cultural traditions, and perspectives. This not only provided a critical foundation for some of the work will we do later in the week, but it also challenged all of us to think about what it really means to look at issues such as conservation, education, and human rights from the perspectives of indigenous peoples. Representatives from UNICEF and Defence for Children International then briefed us on the status of children’s rights and child well-being in Costa Rica. Finally, we had the opportunity to visit with PANI (the national child welfare agency) and also visit a group home for children. Through all of these presentations and visits, we were able to gain insights into the role of international organizations, government agencies, and local NGOs in advancing children’s rights.

Our thanks to all who shared their insights with us today.

More to come tomorrow….

Costa Rica -- Day 1: From Social Innovation to the Lived Experience

Day 1:  Sunday, our first day, was anything but a day of rest.  We jumped run into things, spending the morning at the University for Peace, a United Nations-mandated university and our partner institution for this program, learning about social innovation and brainstorming about how design thinking might be applied to children’s rights issues.

After a lunchtime hike to the Monument to Disarmament, Labor, and Peace and beyond, we were privileged to spend the afternoon in the Triangulo de la Solidaridad informal settlement community in San Jose. We are so grateful to the Boy with a Ball team who were our guides and to the community who welcomed us and gave us a chance to learn about their lives.

Arriving at UPEACE

GPCL Class Returns to Costa Rica

I am excited to be leading a group of students once again on a Spring Break study abroad program in Costa Rica where we will be learning about children’s rights and exploring how children’s rights law is implemented in practice. Costa Rica provides a wonderful opportunity to see how children’s rights law operates in real-world settings.

This time we will be focusing in particular on the interrelated and interdependent nature of children’s rights and spending time with both migrant and indigenous communities.

We are grateful to be partnering again with the United Nations-mandated University for Peace and its Centre for Executive Education.

Updates will be posted on this blog.

For details on prior programs, see the links below:

http://jonathantodres.com/blog/2017/3/21/costa-rica-day-5-to-end-human-rights-indigenous-populations-and-more

http://jonathantodres.com/blog/2017/3/16/costa-rica-days-3-4-local-national-and-international-responses

http://jonathantodres.com/blog/2017/3/14/costa-rica-day-2-social-innovation-human-rights-and-migration

http://jonathantodres.com/blog/2017/3/13/costa-rica-day-1-coffee-production-etc

Universal Children’s Day: An Opportunity for Common Ground

All parents share one thing in common. Whatever our differences – across race, religion, socio-economic status, political beliefs, and more – every parent wants the best for their children. We disagree on a lot these days, but I haven’t heard a single parent wish that their children will do worse than they did.

Now consider this ambitious vision proclaimed almost thirty years ago:  Every child in the world “should grow up in a family environment, in an atmosphere of happiness, love and understanding” and be raised “in the spirit of peace, dignity, tolerance, freedom, equality and solidarity.”  This ideal reflects what all of us would want for our children, for all children. After all, no parent hopes their children will suffer misery, war, and inequality.  

This grand vision was announced in the UN Convention on the Rights of the Child (CRC). Adopted in 1989, the CRC was the first comprehensive human rights treaty on children. It established a holistic framework for ensuring the rights and well-being of all children. The CRC covers both civil and political rights (such as freedom from cruel, inhuman and degrading treatment) and economic, social, and cultural rights (such as the right to education). It also includes rights unique to children (such as the right to know and be cared for by one’s parents).

Given the universal appeal of its goals, it won’t be surprising to hear that it’s the most widely-accepted human rights treaty in history. Every country in the world has ratified the CRC, except the United States.

In the United States, the CRC has become a victim of much broader political and ideological battles, a phenomenon that too often tragically happens to children themselves. Highly charged rhetoric masks the reality of the CRC and children’s rights more broadly—that is, the fulfillment of children’s rights is consistent with what the vast majority of parents want for their kids. They want their children to have access to health care and education, to be free to observe their faith without government interference, to live without discrimination, and to grow up without suffering violence or exploitation.

Despite the major role the U.S. government played in drafting the CRC and the numerous similarities between U.S. law and the treaty, the U.S. government isn’t likely to ratify the CRC anytime soon.

But given the shared values in what parents dream of and what the CRC mandates for children, the idea of children’s rights remains relevant in the United States. We don’t have to wait passively for government to act; we can take action, guided by children’s rights values.

So, for Universal Children's Day (November 20) or any day thereafter, here are three steps each of us can take to forge common ground and improve the lives of children:

1.      Read the CRC. Whether it is the CRC’s declaration that the family is “the fundamental group of society,” the 19 provisions of the CRC that recognize the vital role of parents and the family in the lives of children, the treaty’s support for education, its prohibition on torturing children, or something else, find an element of the CRC that resonates with your values as a parent, family member, American, or human being.

2.      Find and support (financially or as a volunteer) an organization in your community that advances an aspect of the CRC that you support. 

3.      Vote for kids. And not just on election day. Make your voice heard often, by urging your representatives to support initiatives that help secure the rights and wellbeing of children.

If we all can do that, then this Universal Children’s Day can be a turning point, a day when we found common ground on which to build a world where every child can develop to its full potential.

This essay was published on the First Focus website and on the Human Rights at Home Blog.

Play Revisited

Although the start of the school year might seem like an odd time to discuss play, it is in facts a critical time to do so. As school starts, demands on children’s time increase significantly, typically leaving much less time for play, especially unstructured play.

Yet play is a vital to child development. As Dr. Kenneth Ginsburg explains in an article in Pediatrics:

‘Play allows children to use their creativity while developing their imagination, dexterity, and physical, cognitive, and emotional strength. Play is important to healthy brain development. It is through play that children at a very early age engage and interact in the world around them.… Undirected play allows children to learn how to work in groups, to share, to negotiate, to resolve conflicts, and to learn self-advocacy skills…. Play is integral to the academic environment…. It has been shown to help children adjust to the school setting and even to enhance children’s learning readiness, learning behaviors, and problem-solving skills.’

In other words, play is essential to the healthy development of children, and it enhances children’s capacity to succeed in school.

In addition, play is not just a good idea, it is also a human right—one that has been recognized since the beginning of the human rights movement. The Universal Declaration of Human Rights, the foundational document of the human rights movement adopted in 1948, states that: “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay” (Article 24). The U.N. Convention on the Rights of the Child—the most comprehensive treaty on children’s rights and the most widely-accepted human rights treaty in history—establishes that governments must “recognize the right of [every] child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.”

There is a reason why certain things—from education to free speech to prohibitions on torture—are recognized as rights. They are deeply connected to the dignity inherent in each human being. Play and its breadth of developmental benefits sustain and enhance human dignity.  As policy makers, educators, and parents, our job is to ensure we secure every child’s right to play. And if we join them sometimes, we might even have fun too.

For more on play, here’s a link to a great source on play and its benefits: momlovesbest.

NEW PUBLICATION: The Trump Effect, Children and the Value of Human Rights Education

Abstract:

Since launching his presidential campaign, Donald Trump's rhetoric has often been divisive as well as demeaning of selected groups. This article examines the impact of Trump's rhetoric on children and their communities and explores the role that human rights education can play in responding to Trump and forging broader support for human rights. The article reviews the research on human rights education and considers how human rights education can be embedded in broader efforts to educate children. Using children's literature as a case study, the article argues for the importance of mainstreaming human rights education and meeting children where they are, in order to foster greater recognition of and respect for the rights of all individuals.

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

A draft of the chapter is also available on SSRN.

NEW PUBLICATION: Child Trafficking: Issues for Policy and Practice

 

Child Trafficking: Issues for Policy and Practice

V. Jordan Greenbaum, Katherine Yun, Jonathan Todres

Journal of Law, Medicine, and Ethics, 46(1): 159-163 (2018)

Abstract

Efforts to address child trafficking require intensive collaboration among professionals of varied disciplines. Healthcare professionals have a major role in this multidisciplinary approach. Training is essential for all professionals, and policies and protocols may assist in fostering an effective, comprehensive response to victimization.

Click here for the full article.

Children's Rights at Leiden Law School

I am honored to have been invited to give two talks at Leiden Law School in the Netherlands on March 22-23, 2018. I had the opportunity to share my research on human rights in children's literature with children's rights faculty, staff, and students, and then present on child trafficking to human rights students.  In short, Leiden Law School is a wonderfully engaged and dynamic place. The faculty, staff, and students working on children's rights issues (and other human rights issues) were the perfect hosts. My sincere thanks to the entire community. I hope I can visit again soon.

For more on Leiden's children's rights program, click here.

p.s. The city of Leiden is wonderful too!