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    Jacqueline Bhabba - Harvard Law - International Childhood Rights and Globalization - Fall 2008 PDF

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    Henrique Barros

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    INTERNATIONAL CHILDHOOD, RIGHTS AND GLOBAL Harvard Kennedy School IGA305 Harvard Law School 38880-31 Fall 2008 Syllabus Professor Jacqueline Bhabha Class location: RG-20 (Rubenstein Ground floor) Class days and time: Mondays and Wednesdays, 1:10-2:30 PM Office hours: Monday 3:00-4:30 PM. Office: Rubeasteia 218 Phone: (617) 3847743 ‘e-mail: jacqueline. bhabbal@ harvardedy Faculty assistant: Karen Armstrong lice: Liuauer 307A Phone: 617-496-7388 Email: karen_anstrone@@harvard ed Course Assistant: Lin Yang Email: fin_yange ks harvard.eda Please note class will nt be held on Sept. 29, Oct. 1 AND Nov. 10, Instead there will be three mandatory make up sessions at the usual class time on Friday Oct. 17, Friday Oct. 31 and Friday Nov. 14, Please plan accordingly. Location will be announced and posted on the classpage. Course Description ‘This course deals withthe impact of globalization on different aspects of childhood and on human rights issues affecting children who cross borders. How have conceptions of childhood changed over time and space? How can ‘we ascertain a child's perspective and opinions? What isthe impact of migration on children who move and children ‘who do not move? Why are inezeasing numbers of children migrating without their families — to reunfy with migrant parents after being leR behind, in search of asylum ora viable and secure life, as vietims of sexual or labor wwafficking, as child soldiers, as refugees from gang violence or as transnational adoptees? Why are citizen children Unable to prevent the deportation oftheir non-citizen parents (what does it mean for a child to bea citizen)? How do transnational family membership, dual citizenship, and statelessness impinge on immigrant ora refugee children today? The course will consider human rights and migration questions as they elate to intemational childhood today. Enroliment There ao no restrictions, and there is no prerequisite of legal training. However if there is demand, weekly iscussion groups may be arranged to assist with legal case analysis end provide an opportunity for in depth discussion of te readings. The course is designed for students interested in exploring the impact of globalization and migration on children’s rights. It is interdiseiplinary and will include legal, anthropological, philosophical and policy texts. It will familiarize students with some of the main Intemational human rights instruments. Auditors are ‘welcome provided readings are completed. The readings for most classes will include one “think piece,” pats of one international treaty or other legal instrument, and one case. Reading is limited to a maximum of roughly 50 pages per cass. Classpage Access Cross registered students or Auditors need to follow the instructions below to access the classpage (and to be included in the e-mail group list). It is not done by the regstrar-you have to request access by taking the steps below: ‘To get access you must goto: 1) pst bs harvard edu 2) Click "Login" link onthe upper right. 3) Click link toward the bottom that says "Cross Registered student or auditor needing an account" 4) Fill ot form. (Please fill out form completely, so we can verify you are a student) 5) You will receive an e-mail granting you access (usually within 34 hours during weekdays). HKS Students 1D Inpssww bks harvardedu 2) Login link at top 3) Login 4) Classes link at top. 5) Click tink for course, Classpage Drop-box How do I use the drop box? 1. Go to the classpage Click on drop box on the left and side of the pags Click the appropriate assignment from the lst, Attach the file (Click submit work Course Requirements ‘There are three requirements 1 written responses of 500 words oF less, posted to the course website and submitted no later than ‘midnight before each class to the classpage drop-box Please do not exceed 500 words. The response should not take more than half an hour to do; itis @ way for you to digest and reflect on the readings. The responses ate required and I will read them, They should be analytical, not descriptive ofthe materia Students should read each others submissions as they will be incorporated into class discussion. One ofthe response papers should specifically addeess issues raised by another student's response paper; a second response paper should discuss issues raised in ane of the films shown in connection with the class. Twill sive short written comments on 2 responses per student. Students with concerns about writing should raise this issue with the CA and in the weekly discussion groups Unless I specifically ask you to address a particular issue, please consider some or ll ofthe following in your response papers: ‘a. Respond to the questions onthe syllabus. bb, How does the legal or theoretical famework translate into practice? Does the case reflect, estrict ‘or expand on the legal protections? What issues would you particularly like to discuss in class? 2. Each class one or two students will be assigned to prepare a short oral/powerpoint presentation to the clas. The presentation entails additional work on material not included inthe clas readings. Where students have relevant experience they will be invited to present it in the context of the class topic; where students do nat have relevant experience, they will be asked to research a case ora policy problem or a factual situation which is relevant and expands on class discussion. The CA will coordinate the sign up process with students within the first week of class. There will be no student presentations in classes where there isa visitor. The procedure will be discussed in class, Presentations should last no more than 10 minutes and end with a question forthe clas to discuss fora farther S mins. 3, AIS page (1.5 space) final paper due on Friday Dee, 19 at NOON to be submitted in hard copy format 10 Karen Littauer 307A. No extensions will be granted. Paper topics, including a half page absiract and a working bibliography are due on Monday Nov. 3 (date of clas 15). 4. There will also be an opportunity for online class discussion through the class lst, to encourage additional interaction and exchange outside of clas. Grading ‘One quarter ofthe final grade will be based on class participation, One quarter of the grade will be bused on the oral ‘presentations and waitten responses. Half ofthe grade wil be based on the finel paper. Class Management 1. No laptops will be allowed in cass. 2. will fel fee to call on students unless they inform me in advance that they have not been able todo the readings fora given week, [Ths isnot intended fo startle or embarrass students but io assist with elass participation for those who are reticent about speaking in class) Course packs ‘There ate three course packs. Packet | contains the required print readings for class sessions 1-9. Packet contains the optional print readings forall class sessions (purchase of packet 2is optional). Packet 3 contains the required print readings for class sessions 10-24, Al online readings ean be located in the on-line materials section ofthe lasspage. General legal texts ‘The following legal texts willbe referenced throughout the cours. Universal Declaration of Human Rights (UDHR), 1948. LINK. [On-line materials section of casspage] ntal Freedoms (ECHR), 1950. LINK [On- Intemational Covenant of Civil and Pottial Rights (ICCPR), 1966 LINIC [On-line materials section of elasspage] Convention an the Rights of the Child (CRC), 1989, LINK [On-line materials section of elasspage] Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (CRC I" Optional Protocol), 2000. LINK [On-line materials section of classpage] 2° Optional Protocol on he Sale of Chile, Chil Prostaton, ané Child Pomogrephy (CRC2* Opsional Protoco), 2000. sr [On-line materials section ofclasspags} ‘The Affican Charter on the Rights and Welfare ofthe Child LINK [On-line materials section of elasspage] Useful Information about Relevant Child Rights Issues ‘Swiss Foundation of Terre des hommes (Th) LINK ‘Aftican Chili Policy Forum LINK Multilateral treaties deposited with the UN. You can search all human rights treaties. . There willbe a ink to the full text ofthe treaty as well as ratification status by country and reservations entered by country, LINK ‘This isthe most comprehensive database containing all multilateral treaties deposited with the UN. LINK Films The following movies will be shown during the semester, they will be discussed during the relevant classes. One response paper must include reference to material in the films. Films are screened in the Carr Conferen screening dates are listed next to the film title Held on Wednesday and Fridays). Lost Boys of Sudan (Class 3) (Wed. Sept. 10) ‘The day I will never forget / film by Kim Longinotto. (FOM in Kenya)(Class 4) (Wed. Sept. 17) in video on statelesness (Class 6) (Wed. Sent 24) East is East (Class 8) (Wed. Oct.) VD on ICE Raids (Class §) (Fri, Oct. 3) Gem Slaves: Tanzania's Child Labour (Class 10) (Scroll down the webpage to find the film) (Fel. Oct. 10) © hdl rinses on/flmvasos Bom into Brothels (Class 11) (Fri. Oct. 17) Blood Diamond (Classes 13 - 14) (Wed, Oct. 22) Innocent Voices (Classes 13 -14) (Pri, Oct. 24) Camino 9 Casa (Transnational Adoption ~ Class 16) (Wed. Oct. 29) Goodhye Baby (Class 16) (Fri. Oct. 31) Sentenced Home (Week 18) (Wed. Nov. 5) DVD on Gangs (Class 20) (Wed. Nov. 12) In this World (Classes 21, 22) (Wed. Nov. 19) Parti: INTRODUCTION (CLASS 1-5) Shopping Dav Mon. Sept. 8 Introduction to course subject matter 1. Who Is a Child? Wed. Sept. 10 What is “childhood?” How do we understand childhood as a separate stage in human development—in medical, psychological, and sociological rerms? How has our understanding of childhood evolved over time? How is childhood perceived differently across the globe? Readings: UN Declaration ofthe Rights ofthe Child, 1959,LINK [On-line materials section of classpage] Philippe Aries, Centuries of Childhood: A Social History of Family Life, Vintage, 1962. Fxcerpt: Chapter 2 ("The Discovery of Childhood") pp. 33-46, [Course packer #1] Viviana A. Zelizer, Pricing the Priceless Child: The Changing Soctal Value of Children, Princeton University Press, 1994,Excempt: “Inttoduction” pp. 3-15, [Course packet #1] Brief of the American Medical Association, American Psychological Association etal as amicus cutie in support ‘of respondent in Roper v Simmons, Excerpt: pp. 2-23 (correspond to pp. 14-36 in PDF. LINK [On-line materials section of classpage] Optional Jane W. Kessler, "Perspectives of the Young Child", chapter 1988, pp, 144-153, [Course Packet #2] in Poychopathology of Childhood, Preatice Hall, 2, Defining a Child in International and Domestic Law Mon, Sept. 15, Notions of childhood vary from culture to culture. So do notions of globalization. How then do we agree upon @ single, international standard as enshrined in the Convention on the Rights ofthe Child? And how do we conceive of globalization, and its impact on childhood across the world? If childhood isin facta series of developmental Stages, does it make sense to treat itn law lke a unitary experience with a single age cut-off? The dificult of age determinations Relevant law: ‘CRC Articles I and 3 LINK CRC 2" Optional Protocol LINK Readings: AStican Charter on the Rights and Welfare of the Child See especially Article 2 LINK. (General Legal Text] Geraldine Van Bueren, The iniernarionel Law on the Rights of the Child, the Netherlands: Kluwer Academic Publishers, 1995.Excerpt: pp. 32-8 and 45-51, [Course packet #1] 'B, Rwezaura, “The Concept of the Child's Best Interests in the Changing Economic and Social Context of Sub- ‘Saharan Africa” in Philip Alston, ed., The Best Inerests of the Child: Reconeiling Culture and Human Rights, ‘Oxford: Clarendon Press, 1994 Excerpt pp. 82-116. [Course packet #1} ‘Jo Boyden, “Childhood and the Policy Makers: A Comparative Perspective on the Globalization of Childhood’ in Consirueting and Reconstructing Childhood, A. James and A. Prout, eds, Londan: Falmer Press, 1997, Excerpt pp. 190-200. [Course packet #1] ‘Thomas L, Friedman, The Lerus and the Olive Tree: Understanding Globalization, Farrar, Strauss and Giroux, 1999 Except pp. 4-37. [Course packet #1] Optional: Cindi Kate, Growing Up Global: Economic Restructuring and Children's Everyday Lives, Minneapolis: University of Minnesota Press, 2004, pp. 3-22, 109-133 [Course packet #2] Keistine K. Nogosek, “It Takes a World to Raise a Child: A Legal and Public Policy Analysis of American Asylum Legal Standards and Their Impact on Unaccompanied Minor Asylees.” 24 Hamline L. Rev. I (2000). Available online Excerpts: Sections A ("American Contract Law”), B, (“American Tort Law”), and C (“American Criminal Law”). (On-line materials section of elasspage] ‘Joan Treadway, “Haitians Seeking Transfer to Youth Facility: Now in Adult Jail, They Say They Ate 17" Times Picayune November 30 2003,LINK [On-line materials section ofclasspage) 3. The Vulnerability of Children Today Wed. Sept. 17 What human rights violations do children today ace? How dos the seale or ype of violations they face compare with those facing adults? How do racism, poverty, conflict, and displacement affect them disproportionately? Fiow do we look at human rights violations from a child cenlered perspective? The first 3 readings try to capture the child's perspective Guest Lecture: Dr. Kaethe Weingarten, Psychotherapist and Author. Relevant law: [UDHR Articles 25.6 LINK Readings: Convention on the Rights ofthe Child, sead WHOLE convention LINK. [General Legal Text] Julia Scheeres, Jesus Land, New York: Counterpoint, 205. Excerpt pp 41-60, [Course packet #1] Nadine Gordimer, “The Ultimate Safari” in Jump and Other Stories, Penguin 1991, Excerpt pp. 33-46. [Course packet #1] ‘Uwem Akpan, “An Ex-Mas Feast”, The New Yorker, June 13, 2005 [On-line materials section of classpage] Lynne Jones, Then They Started Shooting: Growing Up in Wartime Bosnia Cambridge: Harvard University Press, 2004 Excerpt pp. 102-117; 228-242. [Course packet #1] Optional: ‘United Nations, “The Impact of Armed Conflict on Children: Report of Graea Machel, Expert of the Secrotary- General ofthe United Nations,” 2001. pp.2, 12-15, 28-29, 33-35, 37-39, 40-47 and $3-57 Excerpts: para, 22-33 (Patems and Characteristics of Contemporary Armed Conflicts” and “Mitigating the Impact of Armed Confict on Children”), 91-5 (“Gender-Based Violence: A Weapon of Wat”), 111-8 (“Landmines and Unexploded Ordnance”), 127-30 ("Sanctions"), 136-64 ("Health and Nutrition”), and 184-8 (“Education”) LINK [On-line materials section of classpage] Teresa Stichick and Claude Bruderlein, “Children Facing Insecurity: New Steategies for Survival in @ Global Fra.” Harvard Program on Humanitarian Policy and Conflict Researe, Dee 2005.LINK [On-line materials section of classpage] 4. Gender: The Impact on Life Chances ‘Mon. Sept. 22 What role does gender play in determining the life ances of children, their likelihood of migrating, their access (0 protection and opportunity? What are the reasons for gender based discrimination? Do they vary across societies? Relevant Law: CEDAW LINK (CRC, Ants 2, 2443), 34 LINK, Readings: UNICER, Siate of the World's Children-Chapters 1, 2 and 5 LINK (On-line materials section of classpage] ‘A. Brulkar, 7. Mekbib, N. Simic and T. Gulema, (2004) “The Experience of adolescence in rural Amhara” [On-line materials section of classpage) Kay Ann Johnson, Wanting a Daughter, Needing a Son: Abandonment, Adoption and Orphanage Care in China, (St. Paul, Yeong and Yeong. 2004) Excerpt xv xxv; 1-40. [Course packet #1] Joan W. Scot, “Symptomatic Politics: The Banning of Islamic Headscarves in French Public Schools” French Polities, Culture and Society 23:3 (200S) 23:3 [Course packet #1] R. Shweder, “What about Female Genital Mutilation?” and why understanding culture matters inthe first place” in ed. Shweder, Minow and Markus, Engaging Cultural Differences (2002) Excerpt pp.216-235, [Course packet #1] In Re Fauziva Kesinga (US Board of Immigration Appeals) (1996) LINK, pp.1-3, 9-11 [On-line materials section of Classpage) Option: Fauziya Kassindja, Do They Hear You When You Cry? (New York, Delacorte Press, 1998) 1 ~ 85. (Course packet #2) 5. Globalization, Migration and Development: Why Do Adults and Children Move? Wed. Sept. 24 Migration can be thought of in many different ways: as an illegal act, as a lifesaver, as a search for opportuni self advancement, as an escape fiom oppression, 2s exile and disenfranchisement. In today’s world, how have scholars analysed the place of migration and is relation to globalization, development and state sovereignty/security? What distinctive issues does the migration of children raise? Relevant Law: UDBR Ans. 13, 14, 15. LINK ICCPR Ans. 12, 13. International Convention on the Protection of the Rights of All Migrant Workers and Members of theie Families LINK Readings: Henk Overbeck, “Globalization, Sovereignty, and Transnational Regulation: Reshaping the Governance of International Migration” in ed. Bimal Ghosh, Managing Migration: Time fora new Intemational Regims? (Oxford: Oxford University Press. 2000), Excerpt pp. 48 ~74. [Course packet #1] James F, Hollifiekd, “Migration and the ‘new” Intemational Ordet: The Missing Regime”, in ed, Bimal Ghosh, Managing Migration: Time fora new International Regime? (Oxford: Oxford University Press. 2000) Excerpt pp. 75 109. (Course packet #1) LE, Esteban B. Conejos, “Key objectives and possible outcomes of the second session of the Global Forum on Migration and Development”, Eurasylum Monthly Policy Interview, June 2008, {On-line materials soction of classpage] Optional: Jacqueline Bhabha, “Independent Children, Inconsistent Adults: Intemational Child Migration and the Legal Framework”, UNICEF Discussion Document LINK [On-line materials section of elasspage} Part Ii: Citizenship, Transnational and Immigrant Childhood and Multiple Identities (Class 6-9) 6. Citizenship: The Impact on Children Mon. Oct. 6 How is citizenship acquired? What diferences are here between sales? What rote does i play inthe ife of children? How lo children become stateless? What role does birth registration play? Relevant law: CRC Article 7; UDHR Article 15, Readings: ‘UN Convention on Statelessness (1975)LINK [On-line materils ection of classpage] Plan International, Universal Birth Registration —A Universal Responsibility , 1-25. (On-line materials section of clesspage] UNICEF Innocenti Insight, Birth Registration and Armed Conflict, 1-11. [On-line materials section of elasspage] ‘Van Waas, “The Children of Inegular Migrants: A Stateless Generation’ Rights (2007), 437-458, [Course packet #1] .25(3) Netherlands Quarterly of Human aurick Weil, “Access wo Citizenship: A Comparison of Twenty-Five Nationality Laws" in T. Alexander Aleinikoft and Douglas Klusmeyer, eds, Citizenship Today: Global Perspectives and Practices, Washington D.C.: Camegie Endowment for International Peace, 2001, pp. 17-35, [On-line materials section ofclasspage] ‘Tuan Anh Nguyen v INS, 121 S Ct 2053 (2001)Excerpts: summary and majority opinion. LINK [On-line materials section of elasspage] Optional: Human Rights Watch, “Malaysia/Burma: Living in Limbo: Burmese Rohingyas in Malaysia" Vol, 12, No. 4, (C) ‘August 2000, LINK [On-line materials section of classpage} 7. Birthright Citizenship Wed. October 8 1b birthright citzenship (tus soll) a basle right or an Wlogitimate advantage? What are recognized mechanisms for allocating citizenship at birk? Do they work? What are their consequences? How do the US and irish trearments of birth right citizenship compare? Readings: Peter Schuck, “Consensual Citizenship" in Schuck, Citizens, Strangers and In-Betweens: Essays on Immigration ‘and Citizenship, Boulder, Colorado; Westview Press, 1998.Excerpt: pp. 209- 216, [Course packet #1] Lucy B. Salyer, “Wong Kim Ask: The Contest over Birthright Citizenship" in ed. D. Martin and P. Schuck, Immigration Stories (New York: Foundation Press, 2005) Excerpt 51-85 [Course packet #1] Ayelet Shachar, “Children of a Lesser State: Sustaining Global Inequality through Citizenship Laws” in Stephen Macedo and Iris Marion Young, eds, Child, Family, and State, New York: New York University Press, 2003, ‘Excerpt: pp. 372-9. [Course packet #1] ‘Nuala Haughey, “State Contesting Right of Non-EU Parents of Trish Children to Stay” in The irish Times, 9Tanuory 2002. [On-line materials section of classpage) Isish Council for Civil Liberties, “Supreme Court Decision in the Case of DL, A.0., and Ors v Minister for Justice, [Equality and Law Reform (23 January 2003)” Submission to Joint Oireachtas Committe on Justice, Equality, Defence and Women's Rights, 13 May 2003,LINK (On-line materials setion of classpage) Isish Council for Civil Liberties, Shadow Report to the Third Periodic Report of Ireland under the Invernational Covenan on Civil and Political Rights (CCPR) 1966, June 2008, 92-96. [On-line materials section of classpage] Optional: Gerald Neuman, Sirangers to the Constitution: Inmigrants, Borders, and Fundamental Law, chapter 9. Princeton, NJ: Prineston University Press, 21996. [Course packet #2} Monday Oct. 13 NO CLASS (Columbus Day), 8. Choosing between Home and Famih |. Oct. 1: i happens fo children wha have aright to remain in thelr country of residence, but whose parents do net? Ifthe parents are found deportable, does the state's right ro exclude non-citizens trump the child's right to family unity? Relevant law: ECHR Article 8: LINK ICCPR Articles 17 and 23: LINK CRC Article 9: (see lecture 2) Readings: ‘The Urban Insitute, Paying the Price: The Impact of Immigration Raids on America’s Children (National Couscit of La Raza. 2007), 9-72. [On-line materials section of easspage] Jacqueline Bhabha, “Citizenship Deficit: On Being a Citizen Child,” 46 Development, No. 3, September 2003, pp. 53-9. LINK [On-line materials section of classpage] David Thronson, “Choiceless Choices: Deportation and the Parent-Child Relationship", (3) Nevada Law Journal 2006, 1167-1179, [On-line materials section of classpage] Inte Martha Andazols-Rivas, United Stetes Board of Immigration Appeals, April 3, 2002, 23 1&N Dee. 319 (BIA. 2002) Excerpts: majority opinion, pp. 319-25, LINK [Oacline materials section of classpage] ‘Nina Bemstein, “Caught between Parents and the Law” in New York Times, 17 Febraary 2005. [On-line materials section of elasspage) 9. Immigrant Childhood Fri, Oct. 17 ‘How do immigrant children negottate helrruliple Wenities? What Find of barriers do immigrant children face— ‘socially, educationally, economically? What are the benefits and drawbacks of bilingual education? How do immigrant children conceive of “home?” The other side of immnigrant childhood is childhood as a divided family — what parallels? Readings: Ashley Pettus, “End of the Melting Pot? Tho new wave of immigrants presents new challenges”, Harvard Magazine ‘May-June (2007) 44-3. [On-line materials section of classpagel ‘Margaret Talbot, “The Lost Children’, Te New Yorker, March 3, 2007, 58-67, [On-line materials section of classpage] Grace Kao and Marta Tienda, “Optimism and Achievement: The Educational Performance of Immigrant Youth,” Social Science Quarterly 76 (1995): 1-19. LINK [Oncline materials section of claspage] Michael A. Olivas, “Plyler v Doe, the Education of Undocumented Chikiren and the Polity", ed. Mastin and Schuck, Inmigration Stories (New York, Foundation Pres, 2005) 197-213. {Course packet #1] Jorge Ruiz-de-Velasco and Michael Fix, Overlooked and Underserved: Immigrant Children in U.S. Secondary Schools, Washington DC; Urban Insitute, 2000 Excerpt: Chapter 2 (*A Profile of Immigrant Stadents in U.S. Schools”), pp. 9-17, and Tables pp. 18-9, 21, 23, 3.LINK [On-line materials section of classpage] section of | [Network of Experts on Fundamental Rights, Section V: The Right o Edueation [On-line mater classpage] ‘Kathleen Hall, “The Sikh Teenagers” in Sharon Stephe Press, 1995. [Course packet #1] 1 Time to Act English and a Time to Act Indian: The Politics of Identity among British- (€d.), Children and the Politics of Culture, Princeton: Princeton University NPR Interview with Mexican Children of Divided Families, Spring 2006, LINK (On-line materials section of lasepage] Optional: ‘Anne Fadiman, The Spirit Catches You and You Fall Down: A Hmong Child, Her American Doctors, and the Collision of Two Cultures, New York: Farrar, Stauss and Giroux, 1997. pp. 60-77. {Course packet #2] 1g to Survive What is raficking by is legal definition? Smuggling? The evimtnalization of trafficking and Ts impact on protecting victims. Te role of a human rights framework. Readings: UNTOC Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. LINK [On-line materials section afelasspage] UNTOC Prosacol Agaist the Smuggling of Migrants by Land, Sea, and Air, Supplementing the United Nations Convention against Transnational Organized Crime LINK [On-line materials section of classpaze] Jacqueline Bhabhe, “Reforming Immigration Policy: Star by Protecting Rights, aot Borders” Boston Review summer 2005, LINK [On-line materials section of classpage] Unicef, Innocenti Insight, Trafficking in Human Beings, Espectally Women and Children, in Africa. LINK [On-line materials section of classpage] European Commission, Report of the Experts Group on Trafficking in Human Beings, Brussels, December 2004, Excerpt pp. $9-70 (Chapter 3: “Guiding Principles and Cross-Cutting Themes”).LINK [On-line materials section of | classpage] 10 11. Labour Exploitation Wed. Oct. 22 ‘ow does forced labour impaci on children? What W children (or their faalies) “choose” migration for labour ‘exploitation asthe best option available to them? Is al child labour forced? Ifnot, what isthe difference between child labour and forced labour? What are the causes of child labour, what forms does it take? What intervention strategies have been tried and which, ifany, have worked? Readings: 1LO Convention on the Worst Forms of Child Labour (C182, 1999) LINK [On-line materials section ofelasspage] ILO, A Future without Child Labour, Interationsl Labour Conference, Geneva, 2002.Excerpis: pp, 11-23, LINK [Online materials section of elasspage] Kathleen FitzGibbon, “Modern Day Slavery: The Scope of Trafficking in AVtiea,” in African Security Review, 12:1 (2003).LINK [On-line materials section of classpage} ILO, Child Labour: What's to Be Done? ILO, Geneva, June 1 against child labour”) and C ("Other Lessons of ILO Experienc 16 Excerpt: Sections B (“Specific ypes of action LINK [On-line materials section of classpage) UNICEF, The State of the World's Children, 1997-Page 60: “An Agreement in Bangladesh." LINK {On-line materials section of classpage} ‘Vanessa Pupavac, “The Infuntilization of the South and the UN Convention on the Rights of the Child”, University ‘of Nottingham Centre for Human Rights aw Human Rights Law Review, March 1998, [Course packet # 3} Suzanne Charle, “Report: Children of the Looms: Rescuing the ‘Carpet Kids’ of Nepal, India, and Pakistan,” Ford Foundation, spring 2001, LINK [On-line materials section of clesspage] ‘Neera Burra, Bor to Work: Child Labour in India Excerpts: Chapter 11 (“What Can Be Done”) pp. 24-6, [Course packet # 3] . Padmanabha Reo, “India: Supreme Court Directions in Child Labor Case” in The Hindi, 11 December 1996 (regarding M. C. Melua v State of Tamil Nad and ors, AIR 1997 Supreme Court 699). [Course packet #3] Optional: Amelia Gentleman, "Upwardly mobile India treads on the young ; Juvenile servants often suffer abuse’, International Herald Tribune, 3 November 2005, [On-line materials section of classpage] 12. Trafficking for Sexual Exploitation Mon. Oct. 27 Documenting sex trafficking of children: the challenge of measuring and documenting Me pienomenon. Sheuld order barriers be strengthened to prevent outward migration of children? Are "rescue” operations an effective and positive intervention strategy? What about the consent of parents? Guest Lecture: Andrea Rossi Director Human Rights and Measurement Program, Carr Center, HKS. Former UNICEF officer responsible for trafficking Readin, Unicef, Guidelines on she Protection of Child Victims of Trafficking (2006) LINK [On-line materials section of classpage] 1 Amnesty Intemational, Kosovo (Serbia and Montenogro) "So does that mean that we have the rights?” Protecting the human rights of women and girls traficked for forced prostitution in Kosovo, 6 May 2004, Excerpts Introduction and Chapter 2, (On-line materials section of classpage} ‘Nicholas Kristof, selected articles from The New York Times: “Girls for Sale” (January 17, 2008) “Bargaining for Freedom” (Ianuary 21, 2004) “Going Home, with Hope” (January 24, 2004) “Stopping the Traffickers” (January 31, 2008) “Leaving the Brothel Behind” January 19, 2005) “After the Brothel” (January 26, 2005) [On-line materials section of classpage] Julia O'Connell Davidson, Childrea in the Global Sex Trade (2005: Polity) Excerpts: Introduction pp. 1-3; Chapter 4 (‘Chita Migration and ‘Trafficking’) pp. 64-84; and Chapler 8 (“Beyond Binaries”) pp. 140-51. [Course packet # 31 Human Rights Watch, Owed Justice: That Women Trafficked into Debt Bondage in Japan, New York: Human Rights Watch 2000.Bxcerpis: pp. 3-8 (Summary: Findings," “Japan,” and “Thailand) and 188-200 (“Response of the Thai Government: Combating Trafficking in Women”) LINK [On-line materials section of classpage] 13. A Growing Weapons Platform: Child in Armed Conflict Wed. Oct. 29 What do we know about the extent of and the reasons for recruitment of children in combat? What aspects of childhood lend themselves particularly to this acivty? What types of activities do children get involved in? Which ‘ones fall within the Protocol? What ethical issues does the presence of child soldiers in an opponent’ army ralse? Relevant law: CRC Asticle 12 (see lecture 1) Readings: Optional Protocol to the Convention on the Rights ofthe Child on the Involvement of Children in Armed Conflict (A/RES/S4/263 of 25 May 2000) LINK [General Legal Text] ‘The Paris Commitments to Protect Children from Unlawiul Recruitment or use by armed forees or armed groups. LINK [On-line materials section of elasspage] Ishmael Beah, A Long Way Gone: Memoirs ofa Boy Soldier (Farr, Stzuss and Gitoux, 2007) Chapters 12 and 13 P..W, Singer, Children at War, New York: Pantheon, 2008. Excerpis: Chapters 3 (“The Underlying Causes") pp. 37- 56; and 6 (“The Implications of Children on the Battlofield”) pp. 94-115. (Course packet # 3) ‘Human Rights Wateh, Stolen Children: Abduetion and Recrutiment in Northern Uganda, 2003.Excegpt: Chapter 1V (Abduction and Abuses against Children by the Lord's Resistance Army").LINK [On-line materials section of classpage] Intemational Committee ofthe Red Cross and the Aiican Child Forum: The Second Intemational Potiey Conference on the Aftican Child, Violence against Girls in Africa During Armed Conflicts and Crises, LINK [On- line materials section of lasspage) 14. Child Soldiers: Perpetrators or Vietims? Fri, Oct. 31 The polities of age — age and childhood are contested domains not blological facts. The approach to these issues determines the strategies used to reintegrate former child soldiers into their societies. What are the strengths and weaknesses of existing "DDR" programs? Are they gender discriminatory? And do they exacerbate or diminish ‘tensions between former combatants and the local population? How does rehabilitation relate 1o punishment? ‘Should child soldiers be produced before international criminal courts? Punished? Excluded from eligibility for ‘asylum as war criminals? 12 Guest: Dr, Theresa Betancourt, Assistant Professor, Harvard School of Public Health Readings: UN Convention on the Stas of Refugees, Art. 1 (especially Art. 1 (2), (.LINK [On-line materials section of classpaze] Cape Town Principles and Best Practice on the Prevention of Recruitment of Children Into the Armed Forces and Demobilization and Socil Reintegration of Child Soldiers in Africa LINK [On-line materials section of classpage] David M. Rosen, Armies ofthe Young: Child Soldiers in War and Terrorism, London: British Library Publishing, 2005, pp. 14-18; 132-153, [Course packet #3] Dolan, Chris, "Which Children Count? The Politios of Children's Rights in Northern Uganda.” Conciliation Resources: Accord Series, 2002.LINK [On-line materials section of elasspage] Brett, Rachel, "Juvenile justice, Counter

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