Melbourne Law School - Theses

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Start date: 2015 × End date: 2015 × Author: Elliott, Leilani ×

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    How do institutions engage with the idea of a human rights-based approach to matters involving children? A case study of UNICEF and the World Bank
    Elliott, Leilani ( 2015)
    This thesis examines some of the different ways in which institutions engage with the idea of human rights-based approaches to matters involving children. Despite the widespread adoption of human rights-based approaches, legitimate concerns continue to be raised about what a human rights-based approach actually is, and the extent to which the change in discourse has resulted in any meaningful change in practice. Additionally, significant confusion exists about where children fit into the idea of human rights-based approaches, with many organisations espousing child-rights programming as a separate approach. However a number of scholars have rightly criticised this distinction, arguing that a conceptually coherent understanding of human rights implies the consideration of children’s rights, needs, perspectives and interests within human rights-based approaches – a strategy this thesis terms “human rights-based approaches to matters involving children”. Against this background of promise, perplexity and scepticism, this thesis analyses how UNICEF and the World Bank engage with the idea of human rights-based approaches to matters involving children, and reveals inconsistencies within and across the two organisations vis-à-vis the formulation, understanding and implementation of human rights-based approaches, particularly in relation to children. The analysis examines coherence at multiple levels: between international human rights norms and institutional rhetoric; between institutional rhetoric and institutional practice; and, ultimately, between international human rights norms and institutional practice. The underlying objectives of this multi-layered approach are, first, to uncover conceptual, institutional and operational explanations for the differences in organisational engagement with the idea of human rights-based approaches to matters involving children, including the opportunities and challenges they face; and, second, to contribute to the development of a conceptually coherent, workable model of a human rights-based approach to matters involving children. A better understanding how institutions engage with the idea of human rights-based approaches to matters involving children is a necessary first step toward these objectives.