By Martina Prpic with Melissa Eichhorn

Children are human beings with rights and dignity. Children's rights are human rights. Owing to their fragility and vulnerability, children also require specific protection, however, which involves providing them with an environment where they are safe from any situation that could potentially expose them to abuse. Violence against children, as defined in Article 19 of the United Nations Convention on the Rights of the Child, can take many forms (physical, sexual or emotional abuse or neglect) and can take place in different settings, such as at home, at school, in institutions, online, etc. Most child abusers are familiar to their victims. The short- and long-term consequences of abuse in terms of human, economic and social costs can be severe and extremely harmful. The extent of violence against children in the EU is difficult to assess, but current estimates give cause for great concern. The nature of the problem depends on various factors, including the personality profiles of victims and perpetrators as well as their surroundings. Certain categories of children, such as those with disabilities, those living in special institutions or those who are unaccompanied migrants, are particularly vulnerable. However, violence is avoidable and preventable. Effective policies to address this problem require a multi-sectoral approach involving different stakeholders at various levels. At international level, the United Nations and the Council of Europe have taken a number of measures to safeguard the rights of children, and more specifically to protect them from violence. The Convention on the Rights of the Child is crucial in this effort. According to its Article 19, children are entitled to protection from all forms of violence, and Member States are required to take all appropriate measures to ensure this protection. In recent years, the EU has been stepping up its measures to protect children. With the entry into force of the Lisbon Treaty, child protection has been recognised as a specific EU goal. While Member States are primarily responsible for child protection systems, the EU also plays an important role, since it is required to promote initiatives to protect children's rights. Its actions directly influence the relevant laws and policies implemented by the Member States in this area. Various parties are involved in raising awareness about violence against children, the importance of effective EU support for national child protection initiatives and the mainstreaming of child protection. Through its numerous initiatives, such as the continuously renewed EU strategy on the rights of the child and the 2024 Commission recommendation on integrated child protection systems, the EU continues to emphasise its commitment to protecting children and supporting Member States' actions and the exchange of best practice.

Brussels: EPRS | European Parliamentary Research Service, 2024. 31p.

By CARLY GARCIA

As the world regains normalcy following a global pandemic, intercountry adoption has taken a hit. Intercountry adoption within the United States reached its peak in 2004, with 22,988 children placed with families. Since 2004, the United States has seen a drastic decrease in intercountry adoption rates. In 2020, only 1,622 international adoptions took place in the United States; slightly increasing in 2021, with 1,785 children adopted. There are multiple causes for the decline in adoptions. For example, origin countries, such as Russia and Guatemala, have terminated their international adoption programs with the United States. More recently, the leading cause of this decrease is the COVID-19 pandemic. Many countries, including China, placed adoptions on hold as the coronavirus took over the world. In contrast, other countries such as Colombia and Bulgaria, relaxed their visitation rules to allow international adoptions to continue.

The current intercountry adoption laws and treaties protect children’s rights and prevent illicit adoption practices. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (“Hague Convention”) and the United Nations Convention on the Rights of the Child (“UNCRC”) established safeguards to ensure that intercountry adoptions occur in the “best interest of the child.” However, protection for adoptive parents and birth parents is left to the laws of the country in which they reside. For example, in the United States, the federal statute governing intercountry adoption is the Intercountry Adoption Act of 2000 (“IAA”). Unfortunately, despite the multiple treaties and statutes implemented to prevent illicit adoption practices, fraud still occurs

California Western International Law Journal, Vol. 53, No. 2 [2023], Art. 11

By Katherine Covell and R. Brian Howe

This book examines the risk factors surrounding children at risk of experiencing and perpetrating violence, and looks at the positive role that children's rights can play in their protection.The authors propose that violence in childhood is not spontaneous: that children are raised to become violent in poorly functioning families and child-unfriendly environments. They may be exposed to toxic substances in utero, to maltreatment in infancy, to domestic violence or parental criminality as they grow up. Each of these risk factors is empirically linked with the development of antisocial and aggressive behaviour, and each reflects a violation of children's rights to protection from maltreatment. The authors show how respecting children's rights and safeguarding them from exposure to violence can shift the balance between risk and protective factors and, as a result, reduce the incidence and severity of childhood violence.

Jessica Kingsley Publishers, 2008. 288p.

By Craig D. Uchida, Marc Swatt and Shellie E. Solomon

One particular at-risk population for exposure to violence is children with incarcerated parents. While empirical evidence is scant, there is reason to suspect that this population is exposed to violence at higher rates than the general population (DeHart and Altschuler 2009; Greene, Haney, & Hurtado 2000). We further suspect that given the confluence of risk factors associated with parental incarceration and exposure to violence, these children are at heightened risk for multiple violent victimizations and exposures to violent incidents over the life course. It is also likely that children with incarcerated parents face heightened risks for negative outcomes associated with exposure to violence due to additional trauma experienced during the process of parental incarceration and the lack of a stable home environment after incarceration that interferes with positive coping. Assessing the degree to which parental incarceration compounds the effects of exposure to violence is critical for formulating comprehensive strategies by both the justice system and social service agencies for addressing the needs of children with incarcerated parents. In order to address this critical gap in our knowledge regarding exposure to violence among children with incarcerated parents, this paper looks at the existing literature for answers and suggests further research that would fill the gaps.

Miami, Justice & Security Strategies, Inc., 2012. 25p.