HKS IGA 305 and HLS 2533

Childhood, Adolescence, Youth and International Human Rights

Fall 2013 - Tuesdays/Thursdays 11:40 am-1:00 pm – Rubenstein G-20

FacultyProf. Jacqueline BhabhaOffice hours: Thursdays 2:30-3:30 (Sign-up sheets posted on office door)Office: Rubenstein 218Phone: 617-384-7743E-mail: jacqueline_bhabha@harvard.edu

Faculty AssistantStacy HannellOffice: Rubenstein 110aPhone : 617-496-1477 E-mail : stacy_hannell@hks.harvard.edu

Course AssistantZeina ShuhaibarE-mail: zeina_shuhaibar@hks14.harvard.edu

Course DescriptionThis course deals with aspects of contemporary childhood, adolescence and youth, with a particular focus on human rights violations and remedies globally. The course starts by asking how conceptions of childhood and adolescence have changed over time and space. It then introduces fundamental international and regional human rights principles and their relevance to key contemporary concerns. How can we ascertain a child's perspective and opinions? What does the notion of “the best interests of a child” mean in practice? What policies enable adolescents to be agents? Since ratification of the UN Convention on the Rights of the Child over twenty years ago, considerable progress has been made in advancing young children’s rights, including their enjoyment of basic social and economic entitlements such as access to education and health care. These gains are not matched by corresponding advances for older children, particularly girls. In many developing societies, secondary and tertiary education remains widely inaccessible, maternal mortality and teenage suicide remain large cause of female adolescent death, and youth unemployment and violence have reached epidemic proportions. How can the gap in realization of adolescent and youth human rights be addressed? The course will explore legal and other strategies for understanding and advancing the human rights of children, adolescents and youth globally. Topics covered include education and health policies, trafficking and child labor, intercountry adoption, migration and citizenship.

EnrollmentThere are no restrictions, and there is no prerequisite of legal training. The course is designed for students interested in exploring the human rights challenges and opportunities facing children and youth. It is interdisciplinary and will include legal, anthropological, philosophical and policy texts. It will familiarize students with some of the main international human rights instruments. Auditors are welcome provided they are willing to participate in class discussion, there is space and class readings are completed. The readings for most classes will include one “think piece,” parts of one international treaty or other legal instrument, and one case. Reading is limited to a maximum of roughly 50 pages per class.

Classpage DropboxPlease put your name on your paper and in the file name before submitting it to the Dropbox.

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Course RequirementsThere are five requirements:1. 6 written responses of 500 words or less, posted to the course website and submitted no later than

midnight before each class to the class page Dropbox. Please do not exceed 500 words. The response should not take more than half an hour to do; it is a way for you to digest and reflect on the readings. The responses are required and I will read them. They should be analytical, not descriptive of the material. Students should read each others’ submissions as they will be incorporated into class discussion. One of the response papers should specifically address issues raised by another student’s response paper; a second response paper should discuss issues raised in one of the films shown in connection with the class; and a third should be written from the “devil’s advocate” point of view, arguing an opposite point of view to your own as cogently as possible. Please write “Last name_First name_Response #X” in the title of the document (and additionally indicate “_Film Response” or “_DA Response” when you do those specific assignments). I will give short written comments on 2 responses per student. Students with concerns about writing should raise this issue with the CA. Unless I specifically ask you to address a particular issue, please consider some or all of the following in your response papers:

a. Respond to one or more of questions on the syllabus.b. How does the legal or theoretical framework translate into practice? Does the case reflect, restrict

or expand on the legal protections? c. What issues would you particularly like to discuss in class?

2. A 2-page memo as described in week 25 on a preventative intervention in “your” country, region or city promoting child or youth human rights.

3. One short in-class presentation. During the first week of class the CA will invite students with relevant work experience to write a one paragraph description as the basis for a short oral/powerpoint in class presentation during a relevant class. Students without relevant experience will be invited to join a small group to participate in an in-class debate. The CA will coordinate the sign up process with students within the first weeks of class. There will be no student presentations in classes where there is a visitor. The procedure will be discussed in class. All presentations should last no more than 10 minutes and end with a question for the class to discuss for a further 5 mins.

4. A 15 page (1.5 space) final paper is due on Tuesday Dec.17 by Noon to be submitted via the classpage Dropbox only. No extensions will be granted. Paper topics, including a half page abstract and a working bibliography are due on Tuesday Oct. 1. No extensions will be granted.

5. Viewing of at least 2 films shown in association with the class. Details will be discussed.

There will also be an opportunity for online class discussion through the class list, to encourage additional interaction and exchange outside of class. Students needing help with research skills should avail themselves of the services of the HKS library or bring any particular needs to the attention of the course assistant.

GradingOne quarter of the final grade will be based on class participation. One quarter of the grade will be based on the oral presentations and written responses. Half of the grade will be based on the final paper.

Class ManagementNo laptops will be allowed in class.

I will feel free to call on students unless they inform me in advance that they have not been able to do the readings for a given week.

Readings Course readings are on the class webpage and/or linked to the syllabus. Relevant laws are also on the class webpage and/or linked to the syllabus. If you have any issues with accessing the readings please let Stacy know so the issues can be resolved. Email: stacy_hannell@hks.harvard.edu

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Required Texts Available to purchase at the Coop and on reserve at the HKS library

25+ Human Rights Documents (Center for the Study of Human Rights at Columbia University, 2005)

General Legal TextsThe following legal texts will be referenced throughout the course.

Universal Declaration of Human Rights (UDHR) 1948.

European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) 1950.

International Covenant of Civil and Political Rights (ICCPR) 1966.

Convention on the Rights of the Child (CRC) 1989.

CRC 1st Optional Protocol 2000 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.

CRC 2nd Optional Protocol 2000 2nd Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography.

The African Charter on the Rights and Welfare of the Child.

Useful Information about Relevant Child Rights Issues Swiss Foundation of Terre des hommes (Tdh)

African Child Policy Forum

Save the Children

UNICEF

Women’s Refugee Commission

Population Council

Multilateral treaties deposited with the UN. You can search all human rights treaties. There will be a link to the full text of the treaty as well as ratification status by country and reservations entered by country.

Films The films are on reserve at the HKS library or posted on the class webpage. They will be discussed during the relevant classes. One response paper must include references to material in the films.

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Part I: Introduction and Definitions

Class 1: Thursday Sept. 5 - Who is a Child?What is “childhood?” How do we understand childhood as a separate stage in human development—in medical, psychological, and sociological terms? How has our understanding of childhood evolved over time? How is childhood perceived differently across the globe?

Readings:UN Declaration of the Rights of the Child, 1959.

Philippe Aries, “The Discovery of Childhood” in Centuries of Childhood: A Social History of Family Life (Vintage, 1962). pp. 33-46.

Viviana A. Zelizer, “Introduction” Pricing the Priceless Child: The Changing Social Value of Children (Princeton University Press, 1994). pp. 3-15.

Holly Brewer, “The Empire of the Fathers (excerpt)” in By Birth or Consent: Children, Law and the Anglo-American Revolution in Authority (Chapel Hill North Carolina Press, 2005). pp. 347-352.

Optional:Jane W. Kessler, "Perspectives of the Young Child", chapter 5 in Psychopathology of Childhood, Prentice Hall, 1988. pp. 144-155.

Class 2: Tuesday Sept. 10 - Defining a Child in International and Domestic LawNotions of childhood vary from culture to culture. So do notions of globalization. How then do we agree upon a single, international standard as enshrined in the Convention on the Rights of the Child [CRC]? What does the phrase “best interests of the child” mean? Is it indeterminate or culturally specific? What are the obligations of states that ratify the CRC? Which requirements are most likely to promote children’s well being and human rights? And how do we conceive of globalization, and its impact on childhood across the world? If childhood is in fact a series of developmental stages, does it make sense to treat it in law like a unitary experience with a single age cut-off? The difficulty of age determinations.

Film:El Sistema

Relevant law: CRC Articles 1 and 3

CRC 2nd Optional Protocol

African Charter on the Rights and Welfare of the Child (especially Article 2)

Committee on the Rights of the Child, General Comment No. 5 (2003) (General measures of implementation of the Convention on the Rights of the Child)

Readings:Geraldine Van Bueren, Excerpt from “The Definition and Status of the Child in International Law” in The International Law on the Rights of the Child, the Netherlands: Kluwer Academic Publishers, 1995. pp. 32-38 and 45-51.

B. Rwezaura, “The Concept of the Child’s Best Interests in the Changing Economic and Social Context of Sub-Saharan Africa” in The Best Interests of the Child:  Reconciling Culture and Human Rights (Oxford: Clarendon Press, 1994) pp. 82-116.

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Beth Simmons, “The Protection of Innocents: Rights of the Child” in Mobilizing for Human Rights: International Law in Domestic Politics (Cambridge University Press, 2009). pp. 307-348.

Jo Boyden, “Childhood and the Policy Makers: A Comparative Perspective on the Globalization of Childhood” in Constructing and Reconstructing Childhood, A. James and A. Prout, eds., London: Falmer Press, 1997, Excerpt pp. 190-200.

Optional Readings:Philip Alston and Bridget Gilmour-Walsh, “The Best Interests of the Child: Towards a Synthesis of Children’s Rights and Cultural Values”, Innocenti Studies, UNICEF (1996).

Cindi Katz, Growing Up Global: Economic Restructuring and Children's Everyday Lives, Minneapolis: University of Minnesota Press, 2004, pp. 3-22, 109-133.

Class 3: Thursday Sept. 12 - What is Adolescence? How does it Differ from Childhood and Youth? Despite the absence of an agreed legal definition, many societies consider adolescence a distinct developmentalphase. What are the biological, psychological and legal bases for this view? What role do social, cultural and economic factors play in defining the significance of biological changes? Why does adolescence extend well into adulthood in some societies and not exist at all in others?

Relevant Law:CRC Arts 12-16; art 30.

UN Committee on the Rights of the Child General Comment 4

Readings:Jacqueline Bhabha, “Introduction” in ed. Jacqueline Bhabha, Coming of Age: Reframing the Approach to Adolescent Rights, (Philadelphia: University of Pennsylvania Press. Forthcoming Spring 2014)

Laurence Steinberg, “How Should the Science of Adolescent Brain Development inform Legal Policy?” in ed. Jacqueline Bhabha, Coming of Age: Reframing the Approach to Adolescent Rights, (Philadelphia: University of Pennsylvania Press. Forthcoming Spring 2014)

UNICEF, “Chapter 1: The Emerging Generation” in Adolescence: An Age of Opportunity, 2011. pp. 2 – 15.

Clea McNeely and Krishna Bose, “How can the science of adolescent social and economic development inform a Human Rights Framework?” in ed. Jacqueline Bhabha, Coming of Age: Reframing the Approach to Adolescent Rights, (Philadelphia: University of Pennsylvania Press. Forthcoming Spring 2014)

Class 4: Friday Sept. 13 (Make-up session in Belfer B-L-1 Weil Town Hall) - Adolescent Behavior and the Law – A Case Study: U.S. Approaches to the Punishment of Violent Juveniles Convicted of HomicideGiven the specifics of adolescent brain maturation, should violent juveniles be punished more leniently than their adult counterparts? If so, why? How should deterrence, rehabilitation, public condemnation, rehabilitation be balanced?

Relevant Law:ICCPR Art 6

ICCPR Second Optional Protocol regarding death penalty

CRC Art 37

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US Constitution 8th Amendment

Readings:Roper v. Simmons 543 U.S. 551 (2005) Brief of the American Medical Association, “American Psychological Association et al as amicus curiae in support of respondent in Roper v Simmons” Excerpt: pp. 2-23.

Miller v. Alabama –Majority Opinion and Alito Dissent

Shivan Vij, “The Media Monster of the Juvenile Offender: Enakshi Ganguly and Anant   Asthana ” Kafla.org, (July 24, 2013)

Aparna Viswanathan, “Balancing the Juvenile Act,” The Hindu (September 9, 2013)

Class 5: Tuesday Sept. 17- Adolescence: The Impact of Social, Cultural and Economic Factors on Adolescence and YouthLike childhood, adolescence is a social construct with different meanings and implications determined by context. In some societies it extends well into adulthood, in others it is an unaffordable luxury; in yet others it signals a radical curtailment in physical and social freedoms. Is this radical divergence consistent with human rights principles supporting freedom of expression and the right to a private life?

Guest: Margareta Matache, Research Fellow, FXB Center for Health and Human Rights, HSPH

Relevant Law:1951 European Convention on Human Rights Article 8 and 10.

International Covenant on Civil and Political Rights Articles 2,3,23,25 and 26.

Readings:UNICEF, “Chapter 2: Realizing the Rights of Adolescents” Adolescence: An Age of Opportunity. 2011. P 18-22 (stop before sex and reproductive health); 30; 36-37.

Susan M. Sawyer et al., “Adolescence: A foundation for Future Health”, The Lancet 2012; 379; 1630-40.

Jean and John Comaroff, “Reflections on Youth, from the Past to the Postcolony”, In A. Honwana and P. De Boek, eds., Makers and Breakers: Children and Youth in Postcolonial Africa. (New Jersey, Africa World Press; 2005) pp. 19-30.

Elena Rozzi, “Transitions to Adulthood in Contemporary Italy: Balancing Socio-Cultural Differences and Universal Rights”, in ed. Jacqueline Bhabha, Coming of Age: Reframing the Approach to Adolescent Rights, (Philadelphia: University of Pennsylvania Press. Forthcoming Spring 2014)

PART II: Children, Youth and the Impact of Gender

Class 6: Thursday Sept. 19 - Gender: The Impact on Life Chances and Health What role does gender play in determining the life chances of children and adolescents, their likelihood of thriving, their access to protection and opportunity, the pressures and resources to migrate? What are the reasons for gender based discrimination? Do they vary across societies?

Films:The Day I Will Never Forget Mrs. Goundo’s Daughter

Relevant Law:

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CEDAW

CRC, Arts 2, 24(3), 34

Readings:Amartya Sen, “More than 100 Million Women are Missing”, New York Review of Books December 20, 1990.

UNICEF, State of the World’s Children 2012 -Chapters 1, 2 and 5 pp. 1-33, 66-75.

UNICEF, Adolescence: An Age of Opportunity pp. 22-27.

Nicholas D. Kristof and Sheryl WuDunn, “Introduction: The Girl Effect” in Half the Sky: Turning Oppression into Opportunity for Women Worldwide, New York: Alfred A. Knopf, 2009. pp. xi-xxii.

A. Erulkar, T. Mekbib, N. Simie and T. Gulema, (UNICEF 2004) “The Experience of Adolescence in Rural Amhara.”

Somaly Mam, The Road of Lost Innocence (New York: Spiegel and Grau. 2008) pp. 30-58,65-75.

R. Shweder, ‘“What about Female Genital Mutilation?” And why understanding culture matters in the first place’ in ed. Shweder, Minow and Markus, Engaging Cultural Differences (2002) Excerpt pp.216-235.

In Re Fauziya Kasinga (US Board of Immigration Appeals) (1996) pp.1-3, 9-11.

Optional:Fauziya Kassindja, Do They Hear You When You Cry? (New York, Delacorte Press. 1998) pp. 1 – 85.

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.

Class 7: Tuesday Sept. 24 - Gender: The Impact on Exposure to Violence and Stigma What explains the persistence of very severe gender based violence and stigma, over a range of countries and modalities? Are there good practice policies that might be effectively scaled up? Legislative initiatives seem to have been largely ineffective; what strategies are more promising?

Guest: Prof. Jennifer Leaning, François-Xavier Bagnoud Professor of the Practice of Health and Human Rights, HSPH; Director, FXB Center for Health and Human Rights; Associate Professor of Medicine, HMS

Film:Pakistan’s Taliban Generation/Children of the Taliban http://video.pbs.org/video/1134781691/UTube: Yemeni Child Bride Rebels: http://www.news.com.au/world-news/escaped-child-bride-nada-al-ahdals-says-im-not-for-sale/story-fndir2ev-1226682861936

Relevant lawCRC

UN Committee on the Rights of the Child General Comment 4 Paras 14-25

Readings

Harvard Humanitarian Initiative and Oxfam USA, “Now the World is Without Me: An Investigation of Sexual Violence in Eastern Democratic Republic of Congo”, pp. 4-32; 38-40; 45-46.

DASRA, Owning Her Future: Empowering Adolescent Girls in India , p. 5-10.

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Kimberly Theidon , “ Reconstructing Masculitinies: The Disarmament, Demobilization and Reintegration of Former Combatants in Colombia”, Human Rights Quarterly 2009, p 1- 6; 14-30.

United Nations Secretary-General’s Study on Violence against Children, 2006

Class 8: Thursday Sept. 26 - Gender: The Impact on Educational Opportunity and Access Whereas considerable progress has been made in equalizing girls’ access to and participation in primary education, secondary and tertiary education remain elusive for large numbers of girls. Given the known impact of education on future physical, financial and emotional security, why has progress been so slow and what strategies can redress the situation?

Relevant lawCRC Art. 28 – 31.

ReadingsWisconsin v. Yoder Brookings Educational Report, A Global Compact on Learning p 1-5; 30-41; 48-53.

Abhijit Banerjee and Esther Duflo, “Top of the Class” in Poor Economics (New York: Public Affairs, 2011) pp. 71-101.

Elaine Unterhalter and Amy North, “ Responding to the gender and education Millennium Development Goals in South Africa and Kenya: reflections on education rights, gender equality, capabilities and global justice ” (Institute of Education, University of London, June 21, 2011)

Part IV – Globalization, Citizenship and the Migration of Children and Youth

Class 9: Friday Sept. 27 (Make-up session held in T-275 Kalb) - Globalization, Migration and Development: Why Do Adults and Children Move?Migration can be thought of in many different ways: as an illegal act, as a life saver, as a search for opportunity or self advancement, as an escape from oppression, as exile and disenfranchisement. In today’s world, how have scholars analysed the place of migration and its relation to globalization, development and state sovereignty/security? What distinctive issues does the migration of children raise?

Relevant Law:UDHR Article 13

ICCPR Arts. 12, 13. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families

Readings:Human Development Report 2009, Overcoming Barriers: Human Mobility and Development, pp. 21-28; 30-33; 54-60.

Catherine Dauvergne, “Migration in the Globalization Script” in Making People Illegal: What Globalization Means for Migration and Law (Cambridge: Cambridge University Press. 2008) pp. 29-49.

James F. Hollifield, “Migration and the ‘new’ International Order: The Missing Regime”, in ed. Bimal Ghosh, Managing Migration: Time for a new International Regime?(Oxford: Oxford University Press. 2000) Excerpt pp. 75 – 109.

Jacqueline Bhabha, Child Migration and Human Rights in a Global Age (Princeton UP, Forthcoming Spring 2014) ch 1 and ch 7.

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Class 10: Tuesday Oct. 1- Citizenship: The Impact on Children - PAPER TOPICS DUE How is citizenship acquired? What differences are there between states? What role does it play in the life of children? How do children become stateless? What role does birth registration play?

Relevant Law: CRC Article 7 UDHR Article 15

Readings:UN Convention on Statelessness (1975).

UNICEF, The ‘Rights’ Start to Life: A Statistical Analysis of Birth Registration, pp. 1-20.

Jacqueline Bhabha, “From Citizen to Migrant: The Scope of Child Statelessness in the Twenty-First Century”, in ed. Jacqueline Bhabha, Children without a State: A Global Human Rights Challenge (Cambridge, MA, MIT Press. 2011).

Laura Van Waas, Nationality Matters: Statelessness under International law (Intersentia: School of Human Rights Research Series 29, 2009) 163-171.

Caroline Vandenabeele, “To Register or not to Register? Legal identity, birth registration, and inclusive development”, in ed. Jacqueline Bhabha, Children without a State: A Global Human Rights Challenge (Cambridge, MA, MIT Press. 2011).

Human Rights Watch, “Malaysia/Burma: Living in Limbo: Burmese Rohingyas in Malaysia” Vol. 12, No. 4, (C) August 2000.

Class 11: Thursday Oct. 3- Intercountry Adoption How is transnational adoption regulated by international law? Is transnational adoption in the best interests of the child – always, never, sometimes and if so who decides and how? What policies would improve the current system? Should the adopted child have a right to information about the birth parents? Are there any valid countervailing claims?

Films:Camino a Casa/The Way Home Goodbye Baby

Relevant Law:CRC Articles 20-1

CRC 1st Optional Protocol Article 3

Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption (1993)

Readings:Lakshmi Kant Pandey v Union of India, Indian Supreme Court (1984) 2 SCC 244; AIR 1984 SC 469. Excerpts: points 6-8, 10-5, 17.

Jacqueline Bhabha, Child Migration and Human Rights in a Global Age (Princeton UP, Forthcoming Spring 2014) Chapter 3.

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Judith S. Modell, “Taking (care of) the children-adoptive parents in the twenty-first century” in A Sealed and Secret Kinship: The Culture of Policies and Practices in American Adoption (New York, Oxford: Berghahn Books. 2002) pp. 124-175. Ed. Jane Jeong Trenka et.al., "Introduction [excerpt]", “Disappeared Children and the Adoptee as Immigrant" "From Orphan Trains to Babylifts” Lifelong Impact, Enduring Need", "From Victim to Survivor” “Tending Denial” in Outsiders within: Writing on Transracial Adoption (Cambridge, MA. South End Press. 2006) pp. 1-7; 105-114; 139-149; 179-204.

Tuesday Oct. 8: Cancelled

Part V: Children, Adolescents and Family Related Migration

Class 12: Thursday Oct. 10 - Intercountry Adoption: A Human Rights Obligation? Transnational adoption is demonized by some and glorified by others. How do parties involved in the process view it, what is a human rights approach to the question and how much is it possible to generalize across the plethora of situations that exist?

Guest: Elizabeth Bartholet, Morris Wasserstein Public Interest Professor of Law, HLS; Faculty Director, Child Advocacy Program

Films:Gone Baby Gone First Person Plural

Relevant Law:CRC Article 21(b)

Readings:BJ Lifton, Twice Born (New York: Other Press. 2006) pp 3-33, 101-131.

Ed. Toby Alice Volkman, "Patterns of Shared Parenthood among the Brazilian Poor" "Birth Mothers and Imaginary Lives” in Cultures of Transnational Adoption (Durham and London, Duke University Press. 2005) 142-181.

Elizabeth Bartholet and David Smolin, “The Debate,” in Intercountry Adoption: Policies, Practices, and Outcomes (Ashgate Publishing 2012).

Elizabeth Bartholet, “Permanency Is Not Enough: Children Need the Nurturing Parents Found in International Adoption” 55 New York Law School Rev. 781 (2010-2011).

Elizabeth Bartholet, “Ratification by the United States of the Convention on the Rights of the Child: Pros and Cons from a Child’s Rights Perspective.” 633 The Annals of Amer. Acad. Political and Social Science 80, Special Issue, The Child as Citizen (2011).

Class 13: Friday Oct. 11 (Make-up session in Belfer B-L-1 Weil Town Hall) - Birthright Citizenship Is birthright citizenship (ius soli) a basic right or an illegitimate advantage? What are recognized mechanisms for allocating citizenship at birth? Do they work? What are their consequences?

Readings:

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Patrick Weil, “Access to Citizenship: A Comparison of Twenty-Five Nationality Laws” in T. Alexander Aleinikoff and Douglas Klusmeyer, eds., Citizenship Today: Global Perspectives and Practices, Washington D.C.: Carnegie Endowment for International Peace, 2001, pp. 17-35.

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. Jacqueline Bhabha, Moving Children: Young Migrants and Human Rights (Princeton: Princeton University Press. Forthcoming 2013) Chapter 2, pp. 1-18.

Lucy E. Salyer, “Wong Kim Ark: The Contest over Birthright Citizenship” in ed. D. Martin and P. Schuck, Immigration Stories (New York: Foundation Press. 2005) Excerpt 51-85.

Brad Blitz, “The Rights of Non-Citizens and Stateless People” in Statelessness in the European Union : Displaced, undocumented, unwanted / edited by Caroline Sawyer and Brad K. Blitz. (Cambridge; New York: Cambridge University Press, 2011)

Ayelet Shachar, “Reconceptualizing Membership: Citizenship as Inherited Property [excerpt]” The Birthright Lottery: Citizenship and Global Inequality (Cambridge MA, Harvard University Press. 2009) pp. 21-38.

Linda Kerber, “Birthright Citizenship: The Vulnerability and Resilience of an American Constitutional Principle” in ed. Jacqueline Bhabha, Children without a State: A Global Human Rights Challenge (Cambridge, MA, MIT Press. 2011).

Tuan Anh Nguyen v INS, 121 S Ct 2053 (2001) Excerpts: summary and majority opinion.

Optional:Flores-Villar v USA: Brief Amicus Curiae of Scholars on Statelessness, in Support of Petitioner

Tuesday Oct. 15: Cancelled

Thursday Oct. 17: Cancelled

Tuesday Oct. 22: Cancelled

Class 14: Thursday Oct. 24 - Immigrant Childhood and Youth How do immigrant children negotiate their multiple identities? What kind 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 immigrant childhood is childhood as a divided family – what parallels?

Film:Sentenced Home

Readings:Ashley Pettus, “End of the Melting Pot? The New Wave of Immigrants Presents New Challenges”, Harvard Magazine May –June (2007) pp. 44-53.

Alan Manning, “The Integration of Immigrants and Their Children in Europe”, CentrePiece Winter 2009/10.

Margaret Talbot, “The Lost Children”, The New Yorker, March 3, 2008, pp. 58-67.

Michael A. Olivas, “Plyler v Doe, the Education of Undocumented Children and the Polity”, ed. Martin and Schuck, Immigration Stories (New York, Foundation Press. 2005) pp. 197-213.

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Jorge Ruiz-de-Velasco and Michael Fix, Overlooked and Underserved: Immigrant Children in U.S. Secondary Schools, Washington DC: Urban Institute, 2000.Excerpt: Chapter 2 (“A Profile of Immigrant Students in U.S. Schools”), pp. 9-17, and Tables pp. 18-9, 21, 23, 33.

Üner v. Netherlands

Class 15: Tuesday Oct. 29 - The Opportunities for Family Reunification What is the legal framework in place for enabling families to reunify after parents have migrated on their own? What obstacles, legal, financial, emotional, prevent children from joining their parents? What opportunities do migrants have to bring in their family members to the EU or the US, and how have these opportunities been constrained by increasing concern with border controls?

Film:The Least of These

Relevant law: ECHR Article 8

EU Council Directive 2003/86/EC on Right to Family Reunification.

EU Network of Experts on Fundamental Rights, Thematic Comments 2006, pp 19 -23.

Department of Homeland Security, U.S. Citizenship and Immigration Services, Forms I-130 and I-864 and “2012 Poverty Guidelines.”

Readings:Ahmut v. The Netherlands (judgment of the European Court of Human Rights) 28 November 1996.

Mubilanzila Mayeka and Kaniki Mitunga v Belgium, European Court of Human Rights 2006, Press release issued by registrar.

Peggy Levitt, "Reshaping the Stages of the Life Cycle" in The Transnational Villagers (Berkeley, Los Angeles, London. University of California Press, 2001) pp. 73-96.

David Thronson, “Custody and Contrad ictions: Exploring Immigration Law as Federal Family L aw in the Context of Child Custody” pp. 459 to 472, ending before para c.

Women’s Refugee Commission, "Torn Apart by Immigration Enforcement: Parental Rights and Immigration Dentention"  (December 2011) 

Class 16: Thursday Oct. 31 - Child Refugees and Asylum Seeke rs In what circumstances can a child qualify for refugee protection in his or her own right? What is the difference between an unaccompanied and a separated child asylum seeker? What is child specific persecution? Does it fall within the refugee definition, or is the refugee definition only effective for harms faced by adults? Do states, adjudicators, and refugee advocates recognize child specific persecution? Do children react differently than adults to violence they are subjected to or witness?

Relevant Law:1951 Convention Relating to the Status of Refugees (“Refugee Convention”)Article 1A(2) (“Definition of the Term ‘Refugee’”).

UNHCR Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (HCR/IP/4/Eng/REV.1 Reedited, Geneva, January 1992, UNHCR 1979).Excerpts: Chapter VI (“The Principle of Family Unity”) para. 181-8 and (“Unaccompanied Minors”) para. 213-9.

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U.S. Immigration and Naturalization Service, Guidelines for Children’s Asylum Claims, 10 December 1998.

Readings:Jacqueline Bhabha, Child Migration and Human Rights in a Global Age (Princeton: Princeton University Press. Forthcoming 2014) Ch 6.

Edward Hegstrom, “Teen from China Sees A sylum as Only Hope; Immigrant fears a smuggling gang will kill him if he is deported” in The Houston Chronicle, 8 June 2005.

Daniel Senovilla Hernandez, “Unaccompanied and Separated Children in Spain: A Policy of Institutional Mistreatment” in ed. Bhabha, Children without a State (MIT Press, 2012) pp. 13 – 20.

Children on the Run:  Unaccompanied Children from Central America and Mexico and the Need for International Protection

Part VI : Children, Youth and Exploitation Class 17: Tuesday Nov. 5 - The Legal Framework on Trafficking and Smuggling What is trafficking by its legal definition? Smuggling? The criminalization of trafficking and its impact on protecting victims. The role of a human rights framework.

Film: Not My Life

Relevant Law:UNTOC Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime.

UNTOC Protocol Against the Smuggling of Migrants by Land, Sea, and Air, Supplementing the United Nations Convention against Transnational Organized Crime.

Readings:Unicef, Innocenti Insight, Trafficking in Human Beings, Especially Women and Children, in Africa.

European Commission, Report of the Experts Group on Trafficking in Human Beings, Brussels, December 2004. Excerpt: pp. 59-70 (Chapter 3: “Guiding Principles and Cross-Cutting Themes”).

Jacqueline Bhabha, Child Migration and Human Rights in a Global Age (Princeton UP, Forthcoming Spring 2014) Chapter 4.

Class 18: Thursday Nov. 7 - Labour Exploitation How does forced labour impact on children? What if children (or their families) “choose” labour exploitation as the best option available to them? Is all child labour forced? If not, what is the 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, if any, have worked?

Invited Guest: Siddarth Kara, Adjunct Lecturer in Public Policy, HKS; Fellow, Carr Center for Human Rights Policy

Films:Gem Slaves: Tanzania's Child Labour

Readings:

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ILO Convention on the Worst Forms of Child Labour (C182, 1999)

ILO, A Future without Child Labour, International Labour Conference, Geneva, 2002.Excerpts: pp. 11-23.

“ Roadmap for achieving elimination of the worst forms of child labour by 2016 , ” The Hague Global Child Labour Conference 2010

Class 19: Tuesday Nov. 12 - Trafficking for Sexual Exploitat ion Are slavery and trafficking effectively synonyms? What perspectives have yielded advances in human rights protections for vulnerable children caught up in these practices: deterrence, criminalization, labour rights, rescue, rehabilitation, welfare support?

Films:Born into BrothelsTales of the Night Fairies

Readings:UNICEF, Guidelines on the Protection of Child Victims of Trafficking (2006)

Siddarth Kara, Sex Trafficking: Inside the Business of Modern Slavery, (New York: Columbia University Press. 2009) pp. 83-151.

Julia O'Connell Davidson, Children in the Global Sex Trade (2005: Polity) Excerpts: Introduction pp. 1-3; Chapter 4 (“Child Migration and ‘Trafficking”) pp. 64-84; and Chapter 8 (“Beyond Binaries”) pp. 140-51.

Nicholas Kristoff and Sheryl WuDunn, "Prohibition and Prostitution" and "Learning to Speak Up” in Half the Sky: Turning Oppression into Opportunity for Women Worldwide (New York. Knopf. 2009) pp. 23-60. Class 20: Thursday Nov. 14 - Children in Armed Conflict 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 activity? 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's army raise?

Films:Blood DiamondInnocent Voices

Relevant law: CRC Article 12

Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (A/RES/54/263 of 25 May 2000)

The Paris Commitments to Protect Children from Unlawful Recruitment or use by armed forces or armed groups.

ReadingsIshmael Beah, A Long Way Gone: Memoirs of a Boy Soldier (Farrar, Strauss and Giroux, 2007) Chapters 12 and 13

P. W. Singer, Children at War, New York: Pantheon, 2005. Excerpts: Chapters 3 (“The Underlying Causes”) pp. 37-56; and 6 (“The Implications of Children on the Battlefield”) pp. 94-115.

Human Rights Watch, Stolen Children: Abduction and Recruitment in Northern Uganda, 2003.Excerpt: Chapter IV (“Abduction and Abuses against Children by the Lord’s Resistance Army”).

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Jacqueline Bhabha, Child Migration and Human Rights in a Global Age (Princeton UP, Forthcoming Spring 2014) Ch. 5, pp. 1- 15.

International Committee of the Red Cross and the African Child Forum: The Second International Policy Conference on the African Child, Violence against Girls in Africa During Armed Conflicts and Crises.

Class 21: Tuesday Nov. 19 - Child Soldiers: Perpetrators or Victims ? The politics of age – age and childhood are contested domains not biological 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 to punishment? Should child soldiers be produced before international criminal courts? Punished? Excluded from eligibility for asylum as war criminals?

Films:Invisible ChildrenLost Boys of Sudan

Readings:UN Convention on the Status of Refugees, Art. 1 (especially Art. 1 (a), (f).

Cape Town Principles and Best Practice on the Prevention of Recruitment of Children Into the Armed Forces and Demobilization and Social Reintegration of Child Soldiers in Africa

Lukwago v. Ashcroft, 329 F.3d 157 (3rd Cir. 2003)

David M. Rosen, Armies of the Young: Child Soldiers in War and Terrorism, London: British Library Publishing, 2005, pp. 14-18; 132-153.

Jacqueline Bhabha, Child Migration and Human Rights in a Global Age (Princeton UP, Forthcoming Spring 2014) Ch. 5, pp. 16 – 25.

Theresa Stichick and Claude Bruderlein. “Children Facing Insecurity: New Strategies for Survival in a Global Era.” Harvard Program on Humanitarian Policy and Conflict Research. Dec 2005.

Dolan, Chris, "Which Children Count? The Politics of Children's Rights in Northern Uganda." Conciliation Resources: Accord Series, 2002.

Brett, Rachel, "Juvenile Justice, Counter-Terrorism and Children." Disarmament Forum , vol. 3, 2002.

Hobson, Matt, "Forgotten Casualties of War: Girls in Armed Conflict." Save the Children UK, 2005. pp. 20-22.

Part VII: Children, Youth and The Quest for Survival

Class 22: Thursday Nov. 21 - Choosing between Home and Family What happens to children who have a right to remain in their country of residence, but whose parents do not? If the parents are found deportable, does the state’s right to exclude non-citizens trump the child’s right to family unity?

Guest: Daniel Kastroom, Professor and Associate Director of the Boston College Center for Human Rights & International Justice

Film:East is East

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The New Haven RaidsWhich Way Home

Relevant law:ECHR Article 8

ICCPR Articles 17 and 23

CRC Article 9

Readings:Jacqueline Bhabha, Child Migration and Human Rights in a Global Age (Princeton: Princeton University Press. Forthcoming 2013) Chapter 2 pp. 18-29.

In re Martha Andazola-Rivas, United States Board of Immigration Appeals, April 3, 2002. 23 I&N Dec. 319 (BIA 2002).Excerpts: majority opinion, pp. 319-25.

Daniel Kanstroom, Aftermath: Deportation Law and the New American Diaspora (Oxford: Oxford University Press. 2012) 135-163.

The Urban Institute, Paying the Price: The Impact of Immigration Raids on America’s Children (National Council of La Raza. 2007), 9-72.

David Thronson, “Choiceless Choices: Deportation and the Parent-Child Relationship”, 6(3) Nevada Law Journal 2006 , 1167-1179.

Daniel Kanstroom, “Deportation Nation”, New York Times, Op-Ed. August 31, 2012

Class 23: Tuesday Nov. 26 - Growing Up in a Refugee Camp Refugee camps have become permanent homes for generations of children; how does this impact their psychological state and their future options?

Film: In this World, section on Afghan Children in Pakistani Refugee Camps.

Readings:Agamben, Giorgio, Homo Sacer: Sovereign Power and Bare Life, trans. Daniel Heller-Roazen, Stanford: Stanford University Press, 1998. Excerpt: pp. 168-76.

James M. Freeman and Nguyen Dinh Huu, Voices from the Camps: Vietnamese Children Seeking Asylum, Seattle and London: Washington University Press, 2003, pp. 19-39; 60-86.

Camp to Community: Liberia study on exploitation of children. (Save the Children. 8 May 2006) pp. 1-16.

Children on the Edge, Rohingya Children need Education

Michael Sullivan, NPR broadcast “Muslim Minority Suffers Under Harsh Myanmar Rule”

UNRWA website: Read “Overview.”

Eyad El Sarraj, “Disaster and Mental Health: The Palestinian Experience.”

Lynne Jones, Then They Started Shooting: Growing Up in Wartime Bosnia Cambridge: Harvard University Press. 2004 Excerpt pp. 102-117; 228-243.

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UNICEF, Occupied Palestinian Territory Newsline Thursday Nov. 28: Thanksgiving Holiday

Class 24: Tuesday Dec. 3 - Gangs as Child-Specific Persecution Case study.

Film:City of GodReadings:UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment .

Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Pro-tocol relating to the Status of Refugees, paras 56 – 60.

Matter of SEG, decided July 30, 2008, 241 I & N Dec. 579 (BIA 2008) Interim Decision # 3617.

Jeffrey Corsetti “Marked for Death: The Maras of Central America and those who Flee their Wrath” Georgetown Immigration Law Journal 2008

Rutilio Lopez Soto v Ashcroft, U.S. 4 th Circuit Court of Appeals, 2004 (383 F.3d 228) . Excerpt: majority opinion. (Optional: dissent.)

Rolando Augustine Castellano Chacon v INS, U.S. 6 th Circuit Court of Appeals, 2003 (341 F.3d 533). Excerpts: Section I, Section II, and Section VII.

Ginger Thompson, “Tattooed Warriors: Shuttling Between Nations, Latino Gangs Confound the Law” in New York Times, September 26, 2004.

Bruce Finley, “Death of a Deportee Back in Guatemala; Teen Slain by Gang he Tried to Escape” The Denver Post, April 5, 2004.

Optional:Uche U. Ewelukwa, “Litigating the rights of street children in regional or international for a: trends, options, barriers and breakthroughs”, 9 Yale Human Rights and Development Law Journal (2006) pp. 85-124

Class 25: Thursday Dec. 5 - Children and Youth: From Post Facto Remedies to Prevention Science.

Whole class: Write a 2 page memo using a prevention science approach for ‘your’ country, state or city to describe an intervention (actual or planned) to benefit children or youth. Using the Cost of Inaction Approach, describe the constitutive and consequential benefits.

Sudhir Anand et al., The Cost of Inaction: Case Studies from Rwanda and Angola (Harvard UP. 2012) pp. 1-21; 229-237.

New Economics Foundation: Backing the Future: Why Investing in Children is Good for All of US: 10-28; 44-45.

The Lancet : “Worldwide Application of Prevention Science in Adolescent Health”, 2012; 379; 1653-1664.

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