Abortion and Gender Selection Issues under China’s One Child Policy

 Implications under the Convention on the Rights of the Child

By Yan Rong Yang

‪Yan Rong Yang is a third year student at Albany Law School. She is a graduate of State University of New York at Albany, magna cum laude, where she majored in political science and history. She is currently interning at the New York State Justice Center for the Protection of People with Special Needs. When she was a child, her family immigrated to the United States from China in the mid-1990s. 

Yan Rong prepared this paper for Professor Anthony Farley’s course, International Child Rights.

Modernization has not only allowed for the development of technology, but also human rights. The future of each country lies in the hands of our children. Yet, even in the 21st century, we have countries like China placing a governmental limitation on our rights to reproduce. The “One-Child Policy” has been a center of many political debates, seen as an injustice to Chinese couples who wants the freedom to create more than one life. Here, rather than evaluating that injustice from the views of an adult, the One-Child policy is considered thoroughly from the rights of the child.

China has adopted the articles issued under Children’s Rights Convention (CRC), yet they have failed to obey these articles time and time again. The One-Child policy has caused difficulty for the lives of the “illegal” children. They are abandoned, ripped out of their mother’s wombs, murdered, trafficked, and discriminated against by their own government and government fearing parents.

The age and definition of a child will not change; however, what can be changed is how the policies are implemented. In order to lessen the harm that is done, or has already been done, such as the sex ratio of male to females, China needs to reconsider their responsibilities under CRC. That way, a new generation that can live without facing the effects of the harsh one-child policy.

____________________________
To read the paper, open HERE.

International Child Abduction Remedies Act

Deference to Foreign Custody Judgments as a Principle of International Comity

By Christopher Honeywell
Chris Honeywell, a 2012 graduate of Albany Law School, is currently an Associate Attorney with Girvin & Ferlazzo in Albany, where he practices in their litigation department. He did his undergraduate work at St. Lawrence University.
While in law school, Chris served as a judicial intern to Hon. Eugene P. Devine, Supreme Court, Albany County. He also served as Executive Director of the law school's Moot Court Program and, in recognition of his contributions, he was inducted into the Albany Law School Chapter of the National Order of the Barristers.
Chris prepared this paper for Prof. Alexandra Harrington's course in International Child Rights, Spring 2012.

The International Child Abduction Remedies Act does not require courts to grant deference to a foreign custody order. In a country where American superiority is at minimum a subconscious thought of many Americans, do United States courts give foreign judgments deference under the principle of international comity even though the full faith and credit clause does not require it?

Child custody is never an easy issue for courts to determine. The ever-evolving standards and criteria upon which to base custody, as well as the emotional toll the proceedings alone can have on a family, cause child custody decisions to be contentious and heart wrenching endeavors. Only complicating these proceedings are the technological advancements in travel during the second half of the 20th century, which make it easier for people to travel abroad, work in other countries, and even marry and settle down in a foreign country.

When the marriage is successful, the child has the tremendous opportunity of being exposed to a variety of cultures and opportunities. However, when the marriage fails, differing views on child rearing, gender roles, and what is best for the child make child custody cases a nightmare to determine. Complicating it even further is when one parent takes the child and flees the country, either returning to their home country to raise the child, or escaping the country where a custody agreement handed down was not in that parent’s favor.

International disputes of any nature often raise questions of which State and court should decide the issue and which State’s laws will be controlling in the case. One more added layer of controversy is that of culture. Disputes will arise because of cultural differences in childrearing and the courts may be in a position where they have to weigh the cultural values of a society they have no experience with and even a culture they may disagree with against a familiar culture. Lacking stable guidelines on dealing with international custody disputes, courts were coming to different conclusions and interpretations, allowing for parents to more easily abduct their child and forum shop for the appropriate location to raise their child out of reach from the other parent.

_____________________________
To read the paper, open HERE.

The World Of Female Child Soldiers

A Chance at Equality or a Life of Servitude?

By Katie E. Valder

Katie Valder, a third-year student at Albany Law School, graduated magna cum laude with honors from Le Moyne College. She majored in Criminology and Crime & Justice Studies, with a concentration in International Affairs, and she double minored in Peace & Global Studies and Anthropology. At Albany Law, she is currently the Editor-in-Chief of the Government Law Review, a student editor for the Government Law and Policy Journal, a teaching assistant for the Domestic Violence Prosecution Hybrid Clinic. She has worked as an intern at the New York State Attorney General's Office, the Saratoga District Attorney's Office, the Government Law Center, the Civil Rights and Disabilities Law Clinic, and the Domestic Violence Prosecution Hybrid Clinic. Additionally, Katie served as a teaching assistant for Introduction to Lawyering class, and has been active  in multiple pro bono projects, as well as the Women's Law Caucus.This presentation was created for Prof. Bonventre’s Fall International War & Crime Class.

                      (click to enlarge slides)
It is estimated that over 300,000 child soldiers are currently fighting in conflicts across the world in upwards of 30 countries.

The international community has taken action to stop the use of child soldiers. Among the steps taken are:
the United Nations Convention on the Rights of the Child,
the United Nations Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict,
the Rome Statute of the International Criminal Court,
and the Convention Concerning the Prohibition and Immediate Action for Elimination of the Worst Form of Child Labour by the International Labour Office.

These initiatives, however, lack the narrow tailoring necessary to protecting young girls in armed conflict and fail to provide valid reintegration strategies.

This presentation focuses on the use of child soldiers, specifically female child soldiers, in armed conflicts around the world and uncovers the role these young girls play. For some, joining the conflict is an ability to gain equality to their male counterparts. For others, it means a life of sexual servitude and back-breaking labor.
___________________________
For the entire presentation, open HERE.
(It is then best to Download [by clicking on File] and then Open the downloaded power-point presentation.)

Serving the Best Interest of the Child

Equality in International Adoption

By John Voyle Hodge
John Hodge graduated from Albany Law School cum laude in 2012 with a concentration in Intellectual Property and completed his undergraduate studies at Nebraska Wesleyan University majoring in Chemistry and minoring in Biology and Physics.  While at Albany Law he interned as a Law Clerk for the New York State Bar Association, and held the positions of Lead Articles Editor for the Albany Law Journal of Science and Technology, Treasurer of the Intellectual Property Society, and Vice President of the Softball Club.
This paper was prepared for Prof. Alexandra Harrington's course in International Child Rights, Spring 2012.


A common thread connecting much of international human rights law is the protection of those who cannot protect themselves. Among those most in need of protection are children.

International agreements, such as the Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption, address the fact that children cannot protect themselves and that a child’s best chance for productive development is to be part of strong family unit. In other words, children who are orphaned or otherwise uncared for are at a significant disadvantage.

The need to increase placement of these children into stable family homes is self-evident.This paper addresses the international problem of helpless children left homeless.

The paper argues that the international community should encourage increased adoption as a positive solution for the many children who are otherwise without a family environment. This paper also addresses the need to openly allow same-sex couples the right to participate in the international adoption process as part of the effort to increase the number of children being placed in family environments.
_____________________________
To read the paper, open HERE.

U.N. Recognition of Palestinian Statehood and Children

The Potential Impact on Their Welfare

By Nadia I. Arginteanu
Nadia Arginteanu, a third year student at Albany Law School, is Editor-in-Chief of the Albany Law Journal of Science & Technology. She is a graduate of Bard College where she majored in political science. She will graduate from Albany Law School in May 2013 with a concentration in International Law.
This paper was prepared for Professor Harrington's course, International Child Rights, Spring 2012.
  
Undoubtedly, one of the most difficult issues that the international community has had to deal with is the question of Palestine. The Arab-Israel conflict over Palestine is nearly intractable and has been a major point of debate and contention for decades.

The military and political conflict that has taken hold of the region has caused a great deal of suffering for the children living in the Occupied Palestinian Territories (“OPT”) comprised of the West Bank and the Gaza Strip. Children in these regions are not only hurt by the violence of warfare, but due to the political turmoil of the region are often denied the fundamental rights that the international community has recognized all children should be afforded, such as education and healthcare.

Though the political status of Palestine has been at a standstill for many years, recently, steps have been made by the current political leadership of Palestine, the Palestinian Authority, to change Palestine’s status both in the United Nations and in the international community as a whole. For example, in October 2011 the United Nations Educational, Scientific, and Cultural Organization (“UNESCO”) recognized Palestine as a full member state. Recognition of Palestine by UNESCO was controversial, but not as controversial as the recent bid on September 23, 2011 by the Palestinian Authority to gain full membership in the United Nations during the 2011 session of the United Nations General Assembly.

This paper will argue that if the United Nations were to recognize Palestinian statehood and admit it as a full member state, or at the very least elevate Palestine to the status of a non-member state observer, either of these changes would have a positive impact on the lives of Palestinian children. Changing the political status of Palestine would change the status of Palestinian children, affording these children increased rights and protections under international law.*
_____________________________
* Citations to references in this introduction are available in the paper.
To read the entire paper, open HERE.

The Challenges of Child Labor Issues in International Trade Policies

By Nic Rangel
Nic Rangel is a 2012 graduate of Albany Law School. While in law school, she was the President of Amnesty International, the Project Director of the LGBT Pro-Bono Project, a member of the National Lawyer's Guild, and a member of the Women's Law Caucus. She has been a law clerk for the Legal Aid Society of Northeastern New York.
Nic is also a 2011 M.PA. graduate of the Rockefeller College of Public Affairs and Public Policy.
This paper was prepared for Prof. Jame Gathii's International Business Transactions seminar, Fall 2011.

Child labor is prevalent in nearly every international trade market today. Over 215 million children between the ages of 5 and 14 are currently engaged in paid employment, nearly half of them work full-time. When the figures account for low reporting of domestic and illicit work, the “invisible laborers,” the numbers jump as much as 30 percent in some regions. Holding an entity responsible for labor violations, however, has proven very difficult and truly uncommon.

Further, combating child labor has been thus far a fairly elusive task. International trade, labor law, and human rights law is comprised of customary law, multilateral and bilateral conventions, domestic law, and the principles common to the major legal systems of the world. These, in combination, make up the legal paradigm available to us to address child labor issues in the courts. However, it may not be a failure, per se, of the current legal paradigm that has prevented the elimination of child labor, for it seems that there are a plethora of laws and regulations against extreme child labor. Instead it may be the way in which international free trade and loan/debt forgiveness agreements affect the way a government operates that prevents poor nations from combating child labor.

There is substantial evidence that laws and regulations do little, if anything, to positively reduce child labor and often has the negative affect of inadvertently driving child labor underground, into the informal sectors. At their worst, laws that prohibit or restrict child labor in communities of extreme poverty may cause more harm to children than the work conditions they are excluded from. The evidence shows us that, depending on the overall economic conditions of the community in question, (compulsive or non-compulsive) free public education, and higher household incomes are the two most effective (and possibly only) means to reducing child labor. Free trade agreements and lending practices prevent these two approaches from actualization though.

This paper begins with a comprehensive view of child labor: explaining both child labor and its primary causes. It then surveys current labor and trade laws, treaties, and guidelines that address child labor practices in Section II. In Section III, it looks at the debate on how to combat child labor practices. Finally, in Section IV, it concludes with a few fairly straightforward remedies.*
_____________________________
* Citations to references in this introduction are available in the paper.
To read the entire paper, open HERE.

Understanding Child Soldiering

The Issue and Its Ramifications

By Bayti Chen

Bayti Chen, a third year student at Albany Law School, is the Vice President of the Asian Pacific American Law Student Association. She has interned at the New York State Assembly as a Legislative Assistant to Assemblyman Vito Lopez.

Ms. Chen's paper addresses how children become soldiers and what efforts are needed to save them from losing their childhood to war. She prepared the paper for Professor Grahn-Farley's course, International Child's Rights, Spring 2011.

Wars have transpired since the existence of human life. Originally, adults were the soldiers of war, but since World War II, children began participating in wars and armed conflicts. A recurring pressing matter and trend is the use of child soldiers in armed conflicts. A child is defined as anyone under the age of eighteen. The meaning of “child soldier” has a broader definition than the typical definition of “soldiers” we know today, namely those who join the armed forces and handle machineries and/or are in direct confrontation with enemies. Child soldiers are “associated with any kind of regular or irregular armed group” that participates in all kinds of activities ranging from messengers, porters, sexual purposes, cooks, to front line combatant battles with land mines, bombs, and guns. They are not limited to just fighting in war or using militia weaponry.

Despite the vast amount of laws pertaining to child soldiers and its prevention, there remains the question of why are children still participating in armed conflicts? A majority of the countries that actively use child soldiers are particularly prominent in third world countries. As of today, it was found that more than twenty countries or territories actively involve children in armed conflicts both in government forces and non-state armed groups. Some countries includes Afghanistan, Burundi, Central African Republic, Chad, Columbia, Côte d’Ivoire, Democratic Republic of Congo, Guinea, India, Indonesia, Iraq, Israel, Liberia, Myanmar, Nepal, Philippines, Sierra Leone, Sri Lanka, Sudan, Rwanda, Thailand and Uganda. The underlying causes for the use of child soldiers and the appeal for enlistment ranges from poverty issues and a sense of belonging, to threats of force and death.*

_____________________________
* Citations to references in this introduction are available in the paper.
To read the entire paper, open HERE.