comparing s rights: children introducing the children s...
TRANSCRIPT
International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
copy Koninklijke Brill NV Leiden 2010 DOI 101163157181809X457905
brillnlchil
) I wish to thank Dawn Aliberti Rachel Bryant Rachel Hammel Casey Schroeder and Robin Shura for their assistance on this project I am especially grateful to Lynn Falletta and Michael Flatt for co-directing the Children Rights Index Project
Comparing Childrenrsquos Rights Introducing the Childrenrsquos Rights Index
Brian K Gran Department of Sociology and Law School Case Western Reserve University
Abstract Childrenrsquos rights continue to be subject of international debates Moving past these debates can be facilitated with an international measure of childrenrsquos rights Th is article introduces the Childrenrsquos Rights Index an international measure of childrenrsquos rights for over 190 countries Th e Childrenrsquos Rights Index consists of two civil rights two political rights two social rights and two economic rights Th is article presents country scores on the Childrenrsquos Rights Index then examines whether childrenrsquos rights vary by region and other diff erences such as country wealth It is hoped that the Childrenrsquos Rights Index will provide evidence on childrenrsquos rights important to the work of govern-ments and nongovernmental organizations as well as scholars and others concerned about chil-drenrsquos welfare
Keywords childrenrsquos rights international comparison
Comparing Childrenrsquos Rights Introducing the Childrenrsquos Rights Index
Introduction
Across the world many government and nongovernment offi cials seek to enhance childrenrsquos rights with experts reporting on factors that appear essential to pro-moting childrenrsquos rights (UNICEF 2002 UNICEF 2004 ) Elsewhere some scholars (compare Freeman 2006 Guggenheim 2005 Simon 2000 1) ques-tion the utility of rights Are rights ldquoon the booksrdquo found in legislation and case law put into practice
Evidence exists of government and nongovernment offi cials attempting to restrain development of childrenrsquos rights (UN Committee 2008) Some schol-ars such as Savitri Goonesekere ( 1998 ) and activists like Peter Newell ( 2000
2 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Global Initiative to End All Corporal Punishment of Children 2008) push for expansion to childrenrsquos rights despite cultural diff erences Th ese experts believe that stronger rights will result in improved outcomes for children Others con-tend that rights are valuable because they indicate the individual possessing the right is a full member of that society (Williams 1987 ) Yet some critics argue that rights will have little payoff (Glendon 1994) in contrast to views of other lead-ing experts (Freeman 2007 )
Leading scholars express concern that othersrsquo rights not only confl ict with chil-drenrsquos rights those rights are more important (Guggenheim 2005 ) Reynolds et al ( 2006 293) suggest that opponents to childrenrsquos rights say that childrenrsquos rights are useful to particular groups who already have access to power Reynolds et al ( 2006 297) state that ldquoconcern for childrenrsquos rights has been from the incep-tion linked to the sweeping political and economic processes connecting vast areas of the world into one global production systemrdquo Th ese debates however demand a starting point To answer what explains diff erences in establishment of childrenrsquos rights and whether childrenrsquos rights are valuable to childrenrsquos and othersrsquo outcomes a comparison across countries is necessary
Th is article introduces the Childrenrsquos Rights Index (CRI) Th e CRI is a meas-ure of young peoplersquos formal rights for over 190 countries for the year 2004 It is hoped that the CRI will be useful to social scientifi c research particularly studies of explanations and consequences of childrenrsquos rights across countries and globally
Th is article fi rst places the CRI in a context of larger research eff orts on chil-drenrsquos rights It then reviews the CRIrsquos construction assessing its validity and reliability After examining overall CRI scores including a map depicting a global view of childrenrsquos formal rights this article compares levels of childrenrsquos formal rights across World Bank regions Do childrenrsquos rights diff er according to where they live Can we ascertain patterns by region It then examines patterns of CRI scores according to responses to international pressures on childrenrsquos rights coun-try wealth and democracy Th e article concludes with a discussion of potential uses of the CRI its limitations and questions for future research
Conceptual Background
As the 20th anniversary of the adoption of the UN Convention on the Rights of the Child draws near childrenrsquos rights continue to be subject to debate Th e UN Convention on the Rights of the Child was adopted in 1989 and provides that national governments will respect and enforce childrenrsquos rights Th e UN Convention is a focal point of childrenrsquos rights eff orts if only because nearly every national government has ratifi ed the UN Convention (Reynolds et al 2006 297) Ghana was among the fi rst governments to ratify the Convention and Oman was one of the most recent Th ere are 192 state parties to the Convention
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 3
only two national governments have not ratifi ed the Convention Th e UN Convention may be more than or less than (Grover 2004 260) a nearly univer-sal ratifi ed childrenrsquos treaty it may serve as a ldquonormative frameworkrdquo (Ben-Arieh 2008 5) outlining goals for government offi cials and childrenrsquos rights activists (Boyle et al 2007 255 Reynolds et al 2006 297 but see Libesman 2007 ) Although the UN Convention is twenty-years old and some experts advance the notion that children have inherent rights (Ben-Arieh and Froslashnes 2007b 249) evidence indicates variation across the world in childrenrsquos rights (Boyle and Kim 2008)
Even if a national government has ratifi ed a childrenrsquos rights instrument such as the UN Convention do rights exist in the national legal framework (Maripe 2002 Odongo 2004 424) Can a young person assume that those rights will be enforced Do gaps exist between rights on the books and rights in practice (Hammad 1999 Veerman and Levine 2000 Wotipka and Ramirez 2008 312) From institutional research on human rights the concept of decoupling is used to identify the situation in which a state that has ratifi ed a treaty but not ensured those rights are put into practice Th is term highlights that a state can more easily ratify a human rights treaty which means it promises to enforce rights articulated in the treaty but not intend to implement the treatyrsquos requirements Th ere are two components to concerns about putting an international treaty into practice First has a national government endowed children with rights as a matter of law Second do children possess these rights in practice Have national governments decoupled childrenrsquos rights treaties like human rights treaties
To answer what explains diff erences in establishment of childrenrsquos rights and whether childrenrsquos rights are valuable to childrenrsquos and othersrsquo outcomes a com-parison across countries and over time is necessary In his famous work on citizen-ship rights Citizenship and Social Clas s TH Marshall ( 1964 69 70) suggested that citizenship is a status that indicates an individual is a full member of his or her society and consists of three rights civil political and social (Marshall 1964 71) For Marshall ( 1964 71 75 87) civil rights enable an individual to speak and think freely and to defend onersquos civil rights and obtain due process when another individual tries to restrict civil rights Political rights are rights individuals possess to participate fully in a political system (Marshall 1964 71-72 77-78) Marshall ( 1964 72) defi ned a political right as ldquothe right to participate in the exercise of political power as a member of a body invested with political authority or as an elector of the members of such a bodyrdquo Although Marshallrsquos notion of political rights may appear limited to voting or serving in an elected offi ce it seems fair to include within Marshallrsquos notion the ability to shape governing institutions through participation in other institutions such as schools Th e right that follows civil and political rights is social rights According to Marshall ( 1964 72 78-83) social rights enable an individual to enjoy a level of economic and social well being that permits eff ective participation in his or her own society Marshall
4 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
contended that without an education an individual could not eff ectively exercise her civil and political rights (Marshall 1964 93) Hindess ( 1993 25) states ldquoIn the absence of social rights then the impact of a formal equality of civil and political rights will be somewhat restrictedrdquo Freedom of conscience and the right to assembly for instance are more useful if an individual can read and write (Marshall 1964 97)
Other experts of sociological theories of citizenship have argued for inclusion of additional rights Bryan Turner ( 1993 7 see Soysal 1994 126-127) contends that citizenship theorists need to contend with economic rights Economic rights include freedoms from encroachments on individualsrsquo lives and harms to their welfare An economic right for instance is freedom from economic exploitation
In 1989 the United Nations Convention on the Rights of the Child was adopted Th e UN Convention provides that national governments signing the Convention will respect and enforce childrenrsquos rights as well as other objectives (Hanson 2008 7) Among other important items the Convention highlights diff erent rights children are expected to possess including civil rights such as freedom of conscience political rights like the right to express views and repre-sentation of those views social rights for example rights to health care and edu-cation and economic rights for instance freedom from exploitation and hazardous work (see Boyle and Kim 2008 Freeman 2004 xiv-xv) Since 1989 all national governments except those of the United States and Somalia have rati-fi ed the convention Ratifi cation means a state is committed to meeting obliga-tions set forth in the UN Convention (UN Treaty Handbook 2008)
Measurement Background
Over the last fi fteen years a host of international indicators of childrenrsquos welfare has emerged Th e various international indicators have diff erent goals For instance one goal is measuring childrenrsquos well being (Bradshaw et al 2007 ) By well-being Ben-Arieh and Froslashnes ( 2007b 249) have in mind ldquoquality of life in a broad senserdquo including ldquoeconomic conditions peer relations political rights and opportunities for developmentrdquo (compare Hanafi n et al 2006 80)
A separate fi eld of indicators is growing that focus on childrenrsquos rights Elizabeth Heger Boyle has developed a childrenrsquos rights indicator that measures how long a state took to ratify an international treaty on childrenrsquos rights such as the UN Convention More recently Boyle and Kim (2008 16) focus on rates of child labor rates of primary and secondary education enrolment and percentage of infants who are immunized
Th e fi eld of human rights relative to childrenrsquos rights is more developed Comparative-historical measures are important components of human rights research Human rights scholars have examined human rights dealing with
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 5
oppression when constructing this human rights measure Hafner-Burton and Tsutsuirsquos study (2007 411) considers a measure of repression which examines ldquofi ve levels of behaviorrdquo with one extreme being ldquopopulation-widerdquo terror with weak-to-no restrictions on decisionmakers to the other extreme which is a coun-try under rule of law where political imprisonment torture and political mur-ders are uncommon Scholars employing such a human rights measure are often interested in whether a national government has ratifi ed a human rights treaty compared to how its residents fare in practice
Another type of human rights measure examines whether a national govern-ment has ratifi ed international treaties on human rights In their work Hafner-Burton et al ( 2008 ) have examined treaty commitments One measure is ldquoAny Treaty Commitmentrdquo which is if a state ldquohas made a formal commitment to any international human rights treaty by ratifying acceding or succeeding to an agreementrdquo (Hafner-Burton and Tsutsui 2007 Hafner-Burton et al 2008 127) Hafner-Burton et al ( 2008 127) have also looked at the ldquoNumber of Treaty Commitmentsrdquo which measures to how many international human rights trea-ties has committed Hafner-Burton and Tsutsui ( 2007 409) refer to studies on ldquorelationship between the duration in years since ratifi cation of the core UN human rights laws and compliance behaviorrdquo
Th is article introduces the Childrenrsquos Rights Index Th e Childrenrsquos Rights Index is an indicator for over 190 countries of four diff erent types of childrenrsquos rights civil political social and economic Th e Childrenrsquos Rights Index indicates levels of childrenrsquos rights based in national laws with reference to restrictions in place (see below) Th e CRI may represent a measurement innovation because it conceptualizes childrenrsquos rights as a bundle of four kinds of rights For each kind of right two specifi c rights are considered so that the Childrenrsquos Rights Index consists of eight rights Consequently as one step in empirically studying chil-drenrsquos rights (see Beeckman 2004 71) the Childrenrsquos Rights Index presents evidence across a range of rights children do and do not possess
Constructing the Childrenrsquos Rights Index
As noted above a disciplinary consensus on constructs of childrenrsquos rights is emerging While the Childrenrsquos Rights Index is based on this research it is hoped that it will make a contribution to this line of research Th e Childrenrsquos Rights Index consists of two rights of four diff erent types civil political social and economic rights Th e two civil rights are freedom of conscience (Article 14 of the UN Convention) and freedom from imprisonment with adults (Article 37 of the UN Convention) Th e right to vote and the right to assemble (Article 15 of the UN Convention) are the two political rights Note that the right to vote is
6 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
not articulated in the UN Convention although some analysts contend it is an important right (Archard 2004 ) Th e two social rights are the right to education (Article 28 of the UN Convention) and the right to health care (Article 24 of the UN Convention) Freedoms from economic exploitation (Article 32 of the UN Convention) and hazardous work (Article 32 of the UN Convention) are the two economic rights in the Childrenrsquos Rights Index
Data Sources of Childrenrsquos Rights
Th e primary source of data on childrenrsquos rights is the US Department of Statersquos Country Reports on Human Rights Practices While the Country Reports on Human Rights Practices do not focus only on childrenrsquos rights the Country Reports do evaluate various childrenrsquos rights Th e State Departmentrsquos Country Reports are selected because of their breadth and depth and because experts agree they are accurate (Poe et al 2001 651) Information in the Country Reports is assembled in a stepwise format (telephone conversation with Petersen 2008 ) Offi cers of overseas bureaux of the State Department collect information on various coun-tries Th e offi cers receive information from governments nongovernmental organizations and country experts such as academics lawyers members of the media and religious offi cials (Farrar 2008) Offi cers in the State Departmentrsquos Bureau of Democracy Human Rights and Labor and in other bureaus of the State Department then prepare the Country Reports which are widely considered accurate and objective
Researchers nevertheless have compared Country Reports on Human Rights Practices with other sources of information on rights primarily to reports fi led by Amnesty International While concerns were expressed for early Country Reports (Poe et al 2001 ) experts consider Country Reports fi led in the last thirty years to be comparable to Amnesty International Reports Hafner-Burton et al ( 2008 128) fi nd that the State Department and Amnesty International Data are strongly correlated As Hafner-Burton et al ( 2008 128) suggest the US State Department data off er an important advantage of reporting on more states over more years than Amnesty International
Each member of the project team took turns gathering information on a spe -cifi c right from the Country Reports Each team member then reviewed a coun-tryrsquos State Department Country Report to identify relevant information on the specifi c right Th is team member copied this information into a spreadsheet Suff rage information was obtained from the Central Intelligence Agencyrsquos (CIA) World Factbook ( wwwodcigovciapublicationsfactbookfi elds2123html ) Th e World Factbook is intended to provide a ldquosnapshotrdquo of the world for intelli-gence purposes Th e age at which suff rage is granted was extracted and coded numerically
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 7
Coding of Childrenrsquos Rights
Each of the eight rights noted above were coded according to four levels which are (1) no right (2) right exists with signifi cant formal limitation (3) right exists with informal minor limitation and (4) right exists Th is study used the 1 to 4 coding scheme to try to capture diff erences in levels of each right for over 190 countries Rather than a dichotomy between the right existing and not existing the approach is to distinguish between when a signifi cant formal limitation on the right exists as well as when a minor limitation on the right is in place and when a right exists An example may elucidate the rationale of this ap -proach In Bangladesh for the year 2004 the right to education is only avail -able to children through age 10 a signifi cant formal limitation For the year 2004 in Suriname the right to education is limited by whether individuals can pay nominal fees Bangladesh received a score of 2 for the formal limita -tion based on age Suriname received a score of 3 for the informal limitation on fees
A four-person team was responsible for data coding Th e team consisted of the principal investigator the project director and two doctoral students Two team members separately coded each right Each team member scored the spe-cifi c country as well as provided a rationale for the score Th e project director assessed inter-rater reliability for each year If inter-rater reliability was unsatisfac-tory the project director identifi ed discrepancies then asked the two team members who coded the specifi c right to revise their scores Th e project director and principal investigator reviewed each right after team members scored all rights
Reliability Validity and Normal Distribution
To assess reliability Cronbachrsquos Alpha and inter-rater reliability were examined Cronbachrsquos Alpha is an estimate to determine if items are suffi ciently interrelated to justify their combination into an index Th e Cronbachrsquos Alpha is 714 for the Childrenrsquos Rights Index which experts consider appropriate (Garson 2008) We turned to Cohenrsquos Kappa to assess inter-rater reliability which for the Childrenrsquos Rights Index is 81 regarded as ldquoalmost perfectrdquo inter-rater reliability (Landis and Koch 1977 165)
Convergent validity concurrent validity content validity and discriminant validity were assessed Convergent validity was assessed through Cronbachrsquos Alpha To assess concurrent validity we correlated the Childrenrsquos Rights Index with a direct measure of an outcome associated with childrenrsquos rights For 138 countries for which data are available total educational expenditures relative to gross domestic product and CRI scores have a bivariate correlation of 199
8 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
(signifi cant at the 05 level) Th e project also examined discriminant validity to assess whether the CRI is highly related to ratifi cation of the UN Convention on the Rights of the Child which could lead to the conclusion that they measure the same social phenomena Th e dates between adoption of the UN Convention and a statersquos ratifi cation have a bivariate correlation of -079 (277 for 192 countries) suggesting the CRI and time to ratify the UN Convention do not measure the same phenomena
Th e present study assessed the distribution of Childrenrsquos Rights Index scores across the 193 countries It examined the indexrsquos kurtosis which is the peaked-ness of its distribution An accepted level for a normal distribution is +2 to -2 Th e Childrenrsquos Rights Index kurtosis level is -56 Skewness is the tilt in the dis-tribution of Childrenrsquos Rights Index scores An acceptable level ranges from +2 to -2 the indexrsquos skewness is 0013
An Analysis of Childrenrsquos Rights
Childrenrsquos Rights Index Scores
Potential scores on the CRI range from 8 (a score of one on each of the eight rights) to 32 (a score of four on each of the eight rights) (see Table 1 ) Across the 193 countries CRI scores range from a minimum of 13 (Somalia and Swaziland) to a maximum of 31 (Saint Kitts and Nevis)
Th e median CRI score is 22 Nearly 26 of the countries score below 20 less than 3 score above 30 the great majority over 70 have scores from 20 to 29 Th is review however does not readily indicate patterns in levels of childrenrsquos rights
International Perspectives of Childrenrsquos Rights
We can study patterns of childrenrsquos rights by examining maps of childrenrsquos rights Below is a map of childrenrsquos rights (see Figure 1 ) Th is map suggests regional pat-terns in childrenrsquos rights Childrenrsquos formal rights appear strongest in northern and western European countries as well as Canada Childrenrsquos rights appear to be weaker in some African countries as well as elsewhere
CRI Scores by World Bank Regions
Th e World Bank has made signifi cant impacts on a variety of social political and economic issues as well as on human and childrenrsquos rights (Shihata 1996 ) Do childrenrsquos rights vary by World Bank region (see Table 2 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 9
Afgh
anist
an18
Cam
eroo
n19
Finl
and
30K
orea
Nor
th17
Moz
ambi
que
20Sa
udi A
rabi
a19
Uga
nda
19Al
bani
a22
Can
ada
30Fr
ance
28K
orea
Sou
th26
Nam
ibia
23Se
nega
l21
Ukr
aine
23Al
geria
23C
ape V
erde
23G
abon
19K
uwai
t22
Nau
ru24
Serb
ia a
nd
M
onte
negr
o25
Uni
ted
Arab
Em
irate
s20
Ando
rra
30C
entr
al A
frica
n
Repu
blic
16G
ambi
a22
Kyr
gyz
Re
publ
ic21
Nep
al19
Seyc
helle
s27
UK
27
Ango
la19
Cha
d17
Geo
rgia
18La
os18
Net
herla
nds
30Si
erra
Leo
ne21
USA
23An
tigua
Baru
da27
Chi
le25
Ger
man
y26
Latv
ia27
New
Zea
land
25Si
ngap
ore
22U
rugu
ay28
Arge
ntin
a26
Chi
na19
Gha
na21
Leba
non
22N
icar
agua
24Sl
ovak
ia27
Uzb
ekist
an21
Arm
enia
22C
olom
bia
25G
reec
e22
Leso
tho
25N
iger
20Sl
oven
ia29
Vanu
atu
21Au
stral
ia26
Com
oros
20G
rena
da26
Libe
ria17
Nig
eria
18So
lom
on
Is
land
s21
Vene
zuel
a24
Austr
ia27
Con
go
D
emoc
ratic
Repu
blic
of th
e
17G
uate
mal
a20
Liby
a18
Nor
way
28So
mal
ia13
Vie
tnam
19
Azer
baija
n25
Con
go R
epub
lic
of
the
23G
uine
a16
Liec
hten
stein
28O
man
20So
uth
Afric
a23
Yem
en17
Baha
mas
23C
osta
Ric
a25
Gui
nea
Bi
ssau
23Li
thua
nia
24Pa
kista
n16
Spai
n29
Zam
bia
17
Bahr
ain
22C
ote
drsquoIv
oire
20G
uyan
a24
Luxe
mbo
urg
27Pa
lau
26Sr
i Lan
ka23
Zim
babw
e16
Bang
lade
sh17
Cro
atia
27H
aiti
18M
acau
22Pa
nam
a23
Suda
n17
Barb
ados
28C
uba
20H
ondu
ras
22M
aced
onia
20Pa
pua
New
Gui
nea
20Su
rinam
e21
Bela
rus
25C
ypru
s23
Hun
gary
28M
adag
asca
r21
Para
guay
24Sw
azila
nd13
Belg
ium
26C
zech
Rep
ublic
27Ic
elan
d24
Mal
awi
20Pe
ru23
Swed
en29
Beliz
e21
Den
mar
k26
Indi
a20
Mal
aysia
17Ph
ilipp
ines
20Sw
itzer
land
25
Tabl
e 1
Chi
ldre
nrsquos R
ight
s Ind
ex S
core
s of c
hild
renrsquo
s for
mal
rig
hts (
2004
)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
2 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Global Initiative to End All Corporal Punishment of Children 2008) push for expansion to childrenrsquos rights despite cultural diff erences Th ese experts believe that stronger rights will result in improved outcomes for children Others con-tend that rights are valuable because they indicate the individual possessing the right is a full member of that society (Williams 1987 ) Yet some critics argue that rights will have little payoff (Glendon 1994) in contrast to views of other lead-ing experts (Freeman 2007 )
Leading scholars express concern that othersrsquo rights not only confl ict with chil-drenrsquos rights those rights are more important (Guggenheim 2005 ) Reynolds et al ( 2006 293) suggest that opponents to childrenrsquos rights say that childrenrsquos rights are useful to particular groups who already have access to power Reynolds et al ( 2006 297) state that ldquoconcern for childrenrsquos rights has been from the incep-tion linked to the sweeping political and economic processes connecting vast areas of the world into one global production systemrdquo Th ese debates however demand a starting point To answer what explains diff erences in establishment of childrenrsquos rights and whether childrenrsquos rights are valuable to childrenrsquos and othersrsquo outcomes a comparison across countries is necessary
Th is article introduces the Childrenrsquos Rights Index (CRI) Th e CRI is a meas-ure of young peoplersquos formal rights for over 190 countries for the year 2004 It is hoped that the CRI will be useful to social scientifi c research particularly studies of explanations and consequences of childrenrsquos rights across countries and globally
Th is article fi rst places the CRI in a context of larger research eff orts on chil-drenrsquos rights It then reviews the CRIrsquos construction assessing its validity and reliability After examining overall CRI scores including a map depicting a global view of childrenrsquos formal rights this article compares levels of childrenrsquos formal rights across World Bank regions Do childrenrsquos rights diff er according to where they live Can we ascertain patterns by region It then examines patterns of CRI scores according to responses to international pressures on childrenrsquos rights coun-try wealth and democracy Th e article concludes with a discussion of potential uses of the CRI its limitations and questions for future research
Conceptual Background
As the 20th anniversary of the adoption of the UN Convention on the Rights of the Child draws near childrenrsquos rights continue to be subject to debate Th e UN Convention on the Rights of the Child was adopted in 1989 and provides that national governments will respect and enforce childrenrsquos rights Th e UN Convention is a focal point of childrenrsquos rights eff orts if only because nearly every national government has ratifi ed the UN Convention (Reynolds et al 2006 297) Ghana was among the fi rst governments to ratify the Convention and Oman was one of the most recent Th ere are 192 state parties to the Convention
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 3
only two national governments have not ratifi ed the Convention Th e UN Convention may be more than or less than (Grover 2004 260) a nearly univer-sal ratifi ed childrenrsquos treaty it may serve as a ldquonormative frameworkrdquo (Ben-Arieh 2008 5) outlining goals for government offi cials and childrenrsquos rights activists (Boyle et al 2007 255 Reynolds et al 2006 297 but see Libesman 2007 ) Although the UN Convention is twenty-years old and some experts advance the notion that children have inherent rights (Ben-Arieh and Froslashnes 2007b 249) evidence indicates variation across the world in childrenrsquos rights (Boyle and Kim 2008)
Even if a national government has ratifi ed a childrenrsquos rights instrument such as the UN Convention do rights exist in the national legal framework (Maripe 2002 Odongo 2004 424) Can a young person assume that those rights will be enforced Do gaps exist between rights on the books and rights in practice (Hammad 1999 Veerman and Levine 2000 Wotipka and Ramirez 2008 312) From institutional research on human rights the concept of decoupling is used to identify the situation in which a state that has ratifi ed a treaty but not ensured those rights are put into practice Th is term highlights that a state can more easily ratify a human rights treaty which means it promises to enforce rights articulated in the treaty but not intend to implement the treatyrsquos requirements Th ere are two components to concerns about putting an international treaty into practice First has a national government endowed children with rights as a matter of law Second do children possess these rights in practice Have national governments decoupled childrenrsquos rights treaties like human rights treaties
To answer what explains diff erences in establishment of childrenrsquos rights and whether childrenrsquos rights are valuable to childrenrsquos and othersrsquo outcomes a com-parison across countries and over time is necessary In his famous work on citizen-ship rights Citizenship and Social Clas s TH Marshall ( 1964 69 70) suggested that citizenship is a status that indicates an individual is a full member of his or her society and consists of three rights civil political and social (Marshall 1964 71) For Marshall ( 1964 71 75 87) civil rights enable an individual to speak and think freely and to defend onersquos civil rights and obtain due process when another individual tries to restrict civil rights Political rights are rights individuals possess to participate fully in a political system (Marshall 1964 71-72 77-78) Marshall ( 1964 72) defi ned a political right as ldquothe right to participate in the exercise of political power as a member of a body invested with political authority or as an elector of the members of such a bodyrdquo Although Marshallrsquos notion of political rights may appear limited to voting or serving in an elected offi ce it seems fair to include within Marshallrsquos notion the ability to shape governing institutions through participation in other institutions such as schools Th e right that follows civil and political rights is social rights According to Marshall ( 1964 72 78-83) social rights enable an individual to enjoy a level of economic and social well being that permits eff ective participation in his or her own society Marshall
4 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
contended that without an education an individual could not eff ectively exercise her civil and political rights (Marshall 1964 93) Hindess ( 1993 25) states ldquoIn the absence of social rights then the impact of a formal equality of civil and political rights will be somewhat restrictedrdquo Freedom of conscience and the right to assembly for instance are more useful if an individual can read and write (Marshall 1964 97)
Other experts of sociological theories of citizenship have argued for inclusion of additional rights Bryan Turner ( 1993 7 see Soysal 1994 126-127) contends that citizenship theorists need to contend with economic rights Economic rights include freedoms from encroachments on individualsrsquo lives and harms to their welfare An economic right for instance is freedom from economic exploitation
In 1989 the United Nations Convention on the Rights of the Child was adopted Th e UN Convention provides that national governments signing the Convention will respect and enforce childrenrsquos rights as well as other objectives (Hanson 2008 7) Among other important items the Convention highlights diff erent rights children are expected to possess including civil rights such as freedom of conscience political rights like the right to express views and repre-sentation of those views social rights for example rights to health care and edu-cation and economic rights for instance freedom from exploitation and hazardous work (see Boyle and Kim 2008 Freeman 2004 xiv-xv) Since 1989 all national governments except those of the United States and Somalia have rati-fi ed the convention Ratifi cation means a state is committed to meeting obliga-tions set forth in the UN Convention (UN Treaty Handbook 2008)
Measurement Background
Over the last fi fteen years a host of international indicators of childrenrsquos welfare has emerged Th e various international indicators have diff erent goals For instance one goal is measuring childrenrsquos well being (Bradshaw et al 2007 ) By well-being Ben-Arieh and Froslashnes ( 2007b 249) have in mind ldquoquality of life in a broad senserdquo including ldquoeconomic conditions peer relations political rights and opportunities for developmentrdquo (compare Hanafi n et al 2006 80)
A separate fi eld of indicators is growing that focus on childrenrsquos rights Elizabeth Heger Boyle has developed a childrenrsquos rights indicator that measures how long a state took to ratify an international treaty on childrenrsquos rights such as the UN Convention More recently Boyle and Kim (2008 16) focus on rates of child labor rates of primary and secondary education enrolment and percentage of infants who are immunized
Th e fi eld of human rights relative to childrenrsquos rights is more developed Comparative-historical measures are important components of human rights research Human rights scholars have examined human rights dealing with
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 5
oppression when constructing this human rights measure Hafner-Burton and Tsutsuirsquos study (2007 411) considers a measure of repression which examines ldquofi ve levels of behaviorrdquo with one extreme being ldquopopulation-widerdquo terror with weak-to-no restrictions on decisionmakers to the other extreme which is a coun-try under rule of law where political imprisonment torture and political mur-ders are uncommon Scholars employing such a human rights measure are often interested in whether a national government has ratifi ed a human rights treaty compared to how its residents fare in practice
Another type of human rights measure examines whether a national govern-ment has ratifi ed international treaties on human rights In their work Hafner-Burton et al ( 2008 ) have examined treaty commitments One measure is ldquoAny Treaty Commitmentrdquo which is if a state ldquohas made a formal commitment to any international human rights treaty by ratifying acceding or succeeding to an agreementrdquo (Hafner-Burton and Tsutsui 2007 Hafner-Burton et al 2008 127) Hafner-Burton et al ( 2008 127) have also looked at the ldquoNumber of Treaty Commitmentsrdquo which measures to how many international human rights trea-ties has committed Hafner-Burton and Tsutsui ( 2007 409) refer to studies on ldquorelationship between the duration in years since ratifi cation of the core UN human rights laws and compliance behaviorrdquo
Th is article introduces the Childrenrsquos Rights Index Th e Childrenrsquos Rights Index is an indicator for over 190 countries of four diff erent types of childrenrsquos rights civil political social and economic Th e Childrenrsquos Rights Index indicates levels of childrenrsquos rights based in national laws with reference to restrictions in place (see below) Th e CRI may represent a measurement innovation because it conceptualizes childrenrsquos rights as a bundle of four kinds of rights For each kind of right two specifi c rights are considered so that the Childrenrsquos Rights Index consists of eight rights Consequently as one step in empirically studying chil-drenrsquos rights (see Beeckman 2004 71) the Childrenrsquos Rights Index presents evidence across a range of rights children do and do not possess
Constructing the Childrenrsquos Rights Index
As noted above a disciplinary consensus on constructs of childrenrsquos rights is emerging While the Childrenrsquos Rights Index is based on this research it is hoped that it will make a contribution to this line of research Th e Childrenrsquos Rights Index consists of two rights of four diff erent types civil political social and economic rights Th e two civil rights are freedom of conscience (Article 14 of the UN Convention) and freedom from imprisonment with adults (Article 37 of the UN Convention) Th e right to vote and the right to assemble (Article 15 of the UN Convention) are the two political rights Note that the right to vote is
6 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
not articulated in the UN Convention although some analysts contend it is an important right (Archard 2004 ) Th e two social rights are the right to education (Article 28 of the UN Convention) and the right to health care (Article 24 of the UN Convention) Freedoms from economic exploitation (Article 32 of the UN Convention) and hazardous work (Article 32 of the UN Convention) are the two economic rights in the Childrenrsquos Rights Index
Data Sources of Childrenrsquos Rights
Th e primary source of data on childrenrsquos rights is the US Department of Statersquos Country Reports on Human Rights Practices While the Country Reports on Human Rights Practices do not focus only on childrenrsquos rights the Country Reports do evaluate various childrenrsquos rights Th e State Departmentrsquos Country Reports are selected because of their breadth and depth and because experts agree they are accurate (Poe et al 2001 651) Information in the Country Reports is assembled in a stepwise format (telephone conversation with Petersen 2008 ) Offi cers of overseas bureaux of the State Department collect information on various coun-tries Th e offi cers receive information from governments nongovernmental organizations and country experts such as academics lawyers members of the media and religious offi cials (Farrar 2008) Offi cers in the State Departmentrsquos Bureau of Democracy Human Rights and Labor and in other bureaus of the State Department then prepare the Country Reports which are widely considered accurate and objective
Researchers nevertheless have compared Country Reports on Human Rights Practices with other sources of information on rights primarily to reports fi led by Amnesty International While concerns were expressed for early Country Reports (Poe et al 2001 ) experts consider Country Reports fi led in the last thirty years to be comparable to Amnesty International Reports Hafner-Burton et al ( 2008 128) fi nd that the State Department and Amnesty International Data are strongly correlated As Hafner-Burton et al ( 2008 128) suggest the US State Department data off er an important advantage of reporting on more states over more years than Amnesty International
Each member of the project team took turns gathering information on a spe -cifi c right from the Country Reports Each team member then reviewed a coun-tryrsquos State Department Country Report to identify relevant information on the specifi c right Th is team member copied this information into a spreadsheet Suff rage information was obtained from the Central Intelligence Agencyrsquos (CIA) World Factbook ( wwwodcigovciapublicationsfactbookfi elds2123html ) Th e World Factbook is intended to provide a ldquosnapshotrdquo of the world for intelli-gence purposes Th e age at which suff rage is granted was extracted and coded numerically
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 7
Coding of Childrenrsquos Rights
Each of the eight rights noted above were coded according to four levels which are (1) no right (2) right exists with signifi cant formal limitation (3) right exists with informal minor limitation and (4) right exists Th is study used the 1 to 4 coding scheme to try to capture diff erences in levels of each right for over 190 countries Rather than a dichotomy between the right existing and not existing the approach is to distinguish between when a signifi cant formal limitation on the right exists as well as when a minor limitation on the right is in place and when a right exists An example may elucidate the rationale of this ap -proach In Bangladesh for the year 2004 the right to education is only avail -able to children through age 10 a signifi cant formal limitation For the year 2004 in Suriname the right to education is limited by whether individuals can pay nominal fees Bangladesh received a score of 2 for the formal limita -tion based on age Suriname received a score of 3 for the informal limitation on fees
A four-person team was responsible for data coding Th e team consisted of the principal investigator the project director and two doctoral students Two team members separately coded each right Each team member scored the spe-cifi c country as well as provided a rationale for the score Th e project director assessed inter-rater reliability for each year If inter-rater reliability was unsatisfac-tory the project director identifi ed discrepancies then asked the two team members who coded the specifi c right to revise their scores Th e project director and principal investigator reviewed each right after team members scored all rights
Reliability Validity and Normal Distribution
To assess reliability Cronbachrsquos Alpha and inter-rater reliability were examined Cronbachrsquos Alpha is an estimate to determine if items are suffi ciently interrelated to justify their combination into an index Th e Cronbachrsquos Alpha is 714 for the Childrenrsquos Rights Index which experts consider appropriate (Garson 2008) We turned to Cohenrsquos Kappa to assess inter-rater reliability which for the Childrenrsquos Rights Index is 81 regarded as ldquoalmost perfectrdquo inter-rater reliability (Landis and Koch 1977 165)
Convergent validity concurrent validity content validity and discriminant validity were assessed Convergent validity was assessed through Cronbachrsquos Alpha To assess concurrent validity we correlated the Childrenrsquos Rights Index with a direct measure of an outcome associated with childrenrsquos rights For 138 countries for which data are available total educational expenditures relative to gross domestic product and CRI scores have a bivariate correlation of 199
8 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
(signifi cant at the 05 level) Th e project also examined discriminant validity to assess whether the CRI is highly related to ratifi cation of the UN Convention on the Rights of the Child which could lead to the conclusion that they measure the same social phenomena Th e dates between adoption of the UN Convention and a statersquos ratifi cation have a bivariate correlation of -079 (277 for 192 countries) suggesting the CRI and time to ratify the UN Convention do not measure the same phenomena
Th e present study assessed the distribution of Childrenrsquos Rights Index scores across the 193 countries It examined the indexrsquos kurtosis which is the peaked-ness of its distribution An accepted level for a normal distribution is +2 to -2 Th e Childrenrsquos Rights Index kurtosis level is -56 Skewness is the tilt in the dis-tribution of Childrenrsquos Rights Index scores An acceptable level ranges from +2 to -2 the indexrsquos skewness is 0013
An Analysis of Childrenrsquos Rights
Childrenrsquos Rights Index Scores
Potential scores on the CRI range from 8 (a score of one on each of the eight rights) to 32 (a score of four on each of the eight rights) (see Table 1 ) Across the 193 countries CRI scores range from a minimum of 13 (Somalia and Swaziland) to a maximum of 31 (Saint Kitts and Nevis)
Th e median CRI score is 22 Nearly 26 of the countries score below 20 less than 3 score above 30 the great majority over 70 have scores from 20 to 29 Th is review however does not readily indicate patterns in levels of childrenrsquos rights
International Perspectives of Childrenrsquos Rights
We can study patterns of childrenrsquos rights by examining maps of childrenrsquos rights Below is a map of childrenrsquos rights (see Figure 1 ) Th is map suggests regional pat-terns in childrenrsquos rights Childrenrsquos formal rights appear strongest in northern and western European countries as well as Canada Childrenrsquos rights appear to be weaker in some African countries as well as elsewhere
CRI Scores by World Bank Regions
Th e World Bank has made signifi cant impacts on a variety of social political and economic issues as well as on human and childrenrsquos rights (Shihata 1996 ) Do childrenrsquos rights vary by World Bank region (see Table 2 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 9
Afgh
anist
an18
Cam
eroo
n19
Finl
and
30K
orea
Nor
th17
Moz
ambi
que
20Sa
udi A
rabi
a19
Uga
nda
19Al
bani
a22
Can
ada
30Fr
ance
28K
orea
Sou
th26
Nam
ibia
23Se
nega
l21
Ukr
aine
23Al
geria
23C
ape V
erde
23G
abon
19K
uwai
t22
Nau
ru24
Serb
ia a
nd
M
onte
negr
o25
Uni
ted
Arab
Em
irate
s20
Ando
rra
30C
entr
al A
frica
n
Repu
blic
16G
ambi
a22
Kyr
gyz
Re
publ
ic21
Nep
al19
Seyc
helle
s27
UK
27
Ango
la19
Cha
d17
Geo
rgia
18La
os18
Net
herla
nds
30Si
erra
Leo
ne21
USA
23An
tigua
Baru
da27
Chi
le25
Ger
man
y26
Latv
ia27
New
Zea
land
25Si
ngap
ore
22U
rugu
ay28
Arge
ntin
a26
Chi
na19
Gha
na21
Leba
non
22N
icar
agua
24Sl
ovak
ia27
Uzb
ekist
an21
Arm
enia
22C
olom
bia
25G
reec
e22
Leso
tho
25N
iger
20Sl
oven
ia29
Vanu
atu
21Au
stral
ia26
Com
oros
20G
rena
da26
Libe
ria17
Nig
eria
18So
lom
on
Is
land
s21
Vene
zuel
a24
Austr
ia27
Con
go
D
emoc
ratic
Repu
blic
of th
e
17G
uate
mal
a20
Liby
a18
Nor
way
28So
mal
ia13
Vie
tnam
19
Azer
baija
n25
Con
go R
epub
lic
of
the
23G
uine
a16
Liec
hten
stein
28O
man
20So
uth
Afric
a23
Yem
en17
Baha
mas
23C
osta
Ric
a25
Gui
nea
Bi
ssau
23Li
thua
nia
24Pa
kista
n16
Spai
n29
Zam
bia
17
Bahr
ain
22C
ote
drsquoIv
oire
20G
uyan
a24
Luxe
mbo
urg
27Pa
lau
26Sr
i Lan
ka23
Zim
babw
e16
Bang
lade
sh17
Cro
atia
27H
aiti
18M
acau
22Pa
nam
a23
Suda
n17
Barb
ados
28C
uba
20H
ondu
ras
22M
aced
onia
20Pa
pua
New
Gui
nea
20Su
rinam
e21
Bela
rus
25C
ypru
s23
Hun
gary
28M
adag
asca
r21
Para
guay
24Sw
azila
nd13
Belg
ium
26C
zech
Rep
ublic
27Ic
elan
d24
Mal
awi
20Pe
ru23
Swed
en29
Beliz
e21
Den
mar
k26
Indi
a20
Mal
aysia
17Ph
ilipp
ines
20Sw
itzer
land
25
Tabl
e 1
Chi
ldre
nrsquos R
ight
s Ind
ex S
core
s of c
hild
renrsquo
s for
mal
rig
hts (
2004
)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 3
only two national governments have not ratifi ed the Convention Th e UN Convention may be more than or less than (Grover 2004 260) a nearly univer-sal ratifi ed childrenrsquos treaty it may serve as a ldquonormative frameworkrdquo (Ben-Arieh 2008 5) outlining goals for government offi cials and childrenrsquos rights activists (Boyle et al 2007 255 Reynolds et al 2006 297 but see Libesman 2007 ) Although the UN Convention is twenty-years old and some experts advance the notion that children have inherent rights (Ben-Arieh and Froslashnes 2007b 249) evidence indicates variation across the world in childrenrsquos rights (Boyle and Kim 2008)
Even if a national government has ratifi ed a childrenrsquos rights instrument such as the UN Convention do rights exist in the national legal framework (Maripe 2002 Odongo 2004 424) Can a young person assume that those rights will be enforced Do gaps exist between rights on the books and rights in practice (Hammad 1999 Veerman and Levine 2000 Wotipka and Ramirez 2008 312) From institutional research on human rights the concept of decoupling is used to identify the situation in which a state that has ratifi ed a treaty but not ensured those rights are put into practice Th is term highlights that a state can more easily ratify a human rights treaty which means it promises to enforce rights articulated in the treaty but not intend to implement the treatyrsquos requirements Th ere are two components to concerns about putting an international treaty into practice First has a national government endowed children with rights as a matter of law Second do children possess these rights in practice Have national governments decoupled childrenrsquos rights treaties like human rights treaties
To answer what explains diff erences in establishment of childrenrsquos rights and whether childrenrsquos rights are valuable to childrenrsquos and othersrsquo outcomes a com-parison across countries and over time is necessary In his famous work on citizen-ship rights Citizenship and Social Clas s TH Marshall ( 1964 69 70) suggested that citizenship is a status that indicates an individual is a full member of his or her society and consists of three rights civil political and social (Marshall 1964 71) For Marshall ( 1964 71 75 87) civil rights enable an individual to speak and think freely and to defend onersquos civil rights and obtain due process when another individual tries to restrict civil rights Political rights are rights individuals possess to participate fully in a political system (Marshall 1964 71-72 77-78) Marshall ( 1964 72) defi ned a political right as ldquothe right to participate in the exercise of political power as a member of a body invested with political authority or as an elector of the members of such a bodyrdquo Although Marshallrsquos notion of political rights may appear limited to voting or serving in an elected offi ce it seems fair to include within Marshallrsquos notion the ability to shape governing institutions through participation in other institutions such as schools Th e right that follows civil and political rights is social rights According to Marshall ( 1964 72 78-83) social rights enable an individual to enjoy a level of economic and social well being that permits eff ective participation in his or her own society Marshall
4 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
contended that without an education an individual could not eff ectively exercise her civil and political rights (Marshall 1964 93) Hindess ( 1993 25) states ldquoIn the absence of social rights then the impact of a formal equality of civil and political rights will be somewhat restrictedrdquo Freedom of conscience and the right to assembly for instance are more useful if an individual can read and write (Marshall 1964 97)
Other experts of sociological theories of citizenship have argued for inclusion of additional rights Bryan Turner ( 1993 7 see Soysal 1994 126-127) contends that citizenship theorists need to contend with economic rights Economic rights include freedoms from encroachments on individualsrsquo lives and harms to their welfare An economic right for instance is freedom from economic exploitation
In 1989 the United Nations Convention on the Rights of the Child was adopted Th e UN Convention provides that national governments signing the Convention will respect and enforce childrenrsquos rights as well as other objectives (Hanson 2008 7) Among other important items the Convention highlights diff erent rights children are expected to possess including civil rights such as freedom of conscience political rights like the right to express views and repre-sentation of those views social rights for example rights to health care and edu-cation and economic rights for instance freedom from exploitation and hazardous work (see Boyle and Kim 2008 Freeman 2004 xiv-xv) Since 1989 all national governments except those of the United States and Somalia have rati-fi ed the convention Ratifi cation means a state is committed to meeting obliga-tions set forth in the UN Convention (UN Treaty Handbook 2008)
Measurement Background
Over the last fi fteen years a host of international indicators of childrenrsquos welfare has emerged Th e various international indicators have diff erent goals For instance one goal is measuring childrenrsquos well being (Bradshaw et al 2007 ) By well-being Ben-Arieh and Froslashnes ( 2007b 249) have in mind ldquoquality of life in a broad senserdquo including ldquoeconomic conditions peer relations political rights and opportunities for developmentrdquo (compare Hanafi n et al 2006 80)
A separate fi eld of indicators is growing that focus on childrenrsquos rights Elizabeth Heger Boyle has developed a childrenrsquos rights indicator that measures how long a state took to ratify an international treaty on childrenrsquos rights such as the UN Convention More recently Boyle and Kim (2008 16) focus on rates of child labor rates of primary and secondary education enrolment and percentage of infants who are immunized
Th e fi eld of human rights relative to childrenrsquos rights is more developed Comparative-historical measures are important components of human rights research Human rights scholars have examined human rights dealing with
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 5
oppression when constructing this human rights measure Hafner-Burton and Tsutsuirsquos study (2007 411) considers a measure of repression which examines ldquofi ve levels of behaviorrdquo with one extreme being ldquopopulation-widerdquo terror with weak-to-no restrictions on decisionmakers to the other extreme which is a coun-try under rule of law where political imprisonment torture and political mur-ders are uncommon Scholars employing such a human rights measure are often interested in whether a national government has ratifi ed a human rights treaty compared to how its residents fare in practice
Another type of human rights measure examines whether a national govern-ment has ratifi ed international treaties on human rights In their work Hafner-Burton et al ( 2008 ) have examined treaty commitments One measure is ldquoAny Treaty Commitmentrdquo which is if a state ldquohas made a formal commitment to any international human rights treaty by ratifying acceding or succeeding to an agreementrdquo (Hafner-Burton and Tsutsui 2007 Hafner-Burton et al 2008 127) Hafner-Burton et al ( 2008 127) have also looked at the ldquoNumber of Treaty Commitmentsrdquo which measures to how many international human rights trea-ties has committed Hafner-Burton and Tsutsui ( 2007 409) refer to studies on ldquorelationship between the duration in years since ratifi cation of the core UN human rights laws and compliance behaviorrdquo
Th is article introduces the Childrenrsquos Rights Index Th e Childrenrsquos Rights Index is an indicator for over 190 countries of four diff erent types of childrenrsquos rights civil political social and economic Th e Childrenrsquos Rights Index indicates levels of childrenrsquos rights based in national laws with reference to restrictions in place (see below) Th e CRI may represent a measurement innovation because it conceptualizes childrenrsquos rights as a bundle of four kinds of rights For each kind of right two specifi c rights are considered so that the Childrenrsquos Rights Index consists of eight rights Consequently as one step in empirically studying chil-drenrsquos rights (see Beeckman 2004 71) the Childrenrsquos Rights Index presents evidence across a range of rights children do and do not possess
Constructing the Childrenrsquos Rights Index
As noted above a disciplinary consensus on constructs of childrenrsquos rights is emerging While the Childrenrsquos Rights Index is based on this research it is hoped that it will make a contribution to this line of research Th e Childrenrsquos Rights Index consists of two rights of four diff erent types civil political social and economic rights Th e two civil rights are freedom of conscience (Article 14 of the UN Convention) and freedom from imprisonment with adults (Article 37 of the UN Convention) Th e right to vote and the right to assemble (Article 15 of the UN Convention) are the two political rights Note that the right to vote is
6 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
not articulated in the UN Convention although some analysts contend it is an important right (Archard 2004 ) Th e two social rights are the right to education (Article 28 of the UN Convention) and the right to health care (Article 24 of the UN Convention) Freedoms from economic exploitation (Article 32 of the UN Convention) and hazardous work (Article 32 of the UN Convention) are the two economic rights in the Childrenrsquos Rights Index
Data Sources of Childrenrsquos Rights
Th e primary source of data on childrenrsquos rights is the US Department of Statersquos Country Reports on Human Rights Practices While the Country Reports on Human Rights Practices do not focus only on childrenrsquos rights the Country Reports do evaluate various childrenrsquos rights Th e State Departmentrsquos Country Reports are selected because of their breadth and depth and because experts agree they are accurate (Poe et al 2001 651) Information in the Country Reports is assembled in a stepwise format (telephone conversation with Petersen 2008 ) Offi cers of overseas bureaux of the State Department collect information on various coun-tries Th e offi cers receive information from governments nongovernmental organizations and country experts such as academics lawyers members of the media and religious offi cials (Farrar 2008) Offi cers in the State Departmentrsquos Bureau of Democracy Human Rights and Labor and in other bureaus of the State Department then prepare the Country Reports which are widely considered accurate and objective
Researchers nevertheless have compared Country Reports on Human Rights Practices with other sources of information on rights primarily to reports fi led by Amnesty International While concerns were expressed for early Country Reports (Poe et al 2001 ) experts consider Country Reports fi led in the last thirty years to be comparable to Amnesty International Reports Hafner-Burton et al ( 2008 128) fi nd that the State Department and Amnesty International Data are strongly correlated As Hafner-Burton et al ( 2008 128) suggest the US State Department data off er an important advantage of reporting on more states over more years than Amnesty International
Each member of the project team took turns gathering information on a spe -cifi c right from the Country Reports Each team member then reviewed a coun-tryrsquos State Department Country Report to identify relevant information on the specifi c right Th is team member copied this information into a spreadsheet Suff rage information was obtained from the Central Intelligence Agencyrsquos (CIA) World Factbook ( wwwodcigovciapublicationsfactbookfi elds2123html ) Th e World Factbook is intended to provide a ldquosnapshotrdquo of the world for intelli-gence purposes Th e age at which suff rage is granted was extracted and coded numerically
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 7
Coding of Childrenrsquos Rights
Each of the eight rights noted above were coded according to four levels which are (1) no right (2) right exists with signifi cant formal limitation (3) right exists with informal minor limitation and (4) right exists Th is study used the 1 to 4 coding scheme to try to capture diff erences in levels of each right for over 190 countries Rather than a dichotomy between the right existing and not existing the approach is to distinguish between when a signifi cant formal limitation on the right exists as well as when a minor limitation on the right is in place and when a right exists An example may elucidate the rationale of this ap -proach In Bangladesh for the year 2004 the right to education is only avail -able to children through age 10 a signifi cant formal limitation For the year 2004 in Suriname the right to education is limited by whether individuals can pay nominal fees Bangladesh received a score of 2 for the formal limita -tion based on age Suriname received a score of 3 for the informal limitation on fees
A four-person team was responsible for data coding Th e team consisted of the principal investigator the project director and two doctoral students Two team members separately coded each right Each team member scored the spe-cifi c country as well as provided a rationale for the score Th e project director assessed inter-rater reliability for each year If inter-rater reliability was unsatisfac-tory the project director identifi ed discrepancies then asked the two team members who coded the specifi c right to revise their scores Th e project director and principal investigator reviewed each right after team members scored all rights
Reliability Validity and Normal Distribution
To assess reliability Cronbachrsquos Alpha and inter-rater reliability were examined Cronbachrsquos Alpha is an estimate to determine if items are suffi ciently interrelated to justify their combination into an index Th e Cronbachrsquos Alpha is 714 for the Childrenrsquos Rights Index which experts consider appropriate (Garson 2008) We turned to Cohenrsquos Kappa to assess inter-rater reliability which for the Childrenrsquos Rights Index is 81 regarded as ldquoalmost perfectrdquo inter-rater reliability (Landis and Koch 1977 165)
Convergent validity concurrent validity content validity and discriminant validity were assessed Convergent validity was assessed through Cronbachrsquos Alpha To assess concurrent validity we correlated the Childrenrsquos Rights Index with a direct measure of an outcome associated with childrenrsquos rights For 138 countries for which data are available total educational expenditures relative to gross domestic product and CRI scores have a bivariate correlation of 199
8 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
(signifi cant at the 05 level) Th e project also examined discriminant validity to assess whether the CRI is highly related to ratifi cation of the UN Convention on the Rights of the Child which could lead to the conclusion that they measure the same social phenomena Th e dates between adoption of the UN Convention and a statersquos ratifi cation have a bivariate correlation of -079 (277 for 192 countries) suggesting the CRI and time to ratify the UN Convention do not measure the same phenomena
Th e present study assessed the distribution of Childrenrsquos Rights Index scores across the 193 countries It examined the indexrsquos kurtosis which is the peaked-ness of its distribution An accepted level for a normal distribution is +2 to -2 Th e Childrenrsquos Rights Index kurtosis level is -56 Skewness is the tilt in the dis-tribution of Childrenrsquos Rights Index scores An acceptable level ranges from +2 to -2 the indexrsquos skewness is 0013
An Analysis of Childrenrsquos Rights
Childrenrsquos Rights Index Scores
Potential scores on the CRI range from 8 (a score of one on each of the eight rights) to 32 (a score of four on each of the eight rights) (see Table 1 ) Across the 193 countries CRI scores range from a minimum of 13 (Somalia and Swaziland) to a maximum of 31 (Saint Kitts and Nevis)
Th e median CRI score is 22 Nearly 26 of the countries score below 20 less than 3 score above 30 the great majority over 70 have scores from 20 to 29 Th is review however does not readily indicate patterns in levels of childrenrsquos rights
International Perspectives of Childrenrsquos Rights
We can study patterns of childrenrsquos rights by examining maps of childrenrsquos rights Below is a map of childrenrsquos rights (see Figure 1 ) Th is map suggests regional pat-terns in childrenrsquos rights Childrenrsquos formal rights appear strongest in northern and western European countries as well as Canada Childrenrsquos rights appear to be weaker in some African countries as well as elsewhere
CRI Scores by World Bank Regions
Th e World Bank has made signifi cant impacts on a variety of social political and economic issues as well as on human and childrenrsquos rights (Shihata 1996 ) Do childrenrsquos rights vary by World Bank region (see Table 2 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 9
Afgh
anist
an18
Cam
eroo
n19
Finl
and
30K
orea
Nor
th17
Moz
ambi
que
20Sa
udi A
rabi
a19
Uga
nda
19Al
bani
a22
Can
ada
30Fr
ance
28K
orea
Sou
th26
Nam
ibia
23Se
nega
l21
Ukr
aine
23Al
geria
23C
ape V
erde
23G
abon
19K
uwai
t22
Nau
ru24
Serb
ia a
nd
M
onte
negr
o25
Uni
ted
Arab
Em
irate
s20
Ando
rra
30C
entr
al A
frica
n
Repu
blic
16G
ambi
a22
Kyr
gyz
Re
publ
ic21
Nep
al19
Seyc
helle
s27
UK
27
Ango
la19
Cha
d17
Geo
rgia
18La
os18
Net
herla
nds
30Si
erra
Leo
ne21
USA
23An
tigua
Baru
da27
Chi
le25
Ger
man
y26
Latv
ia27
New
Zea
land
25Si
ngap
ore
22U
rugu
ay28
Arge
ntin
a26
Chi
na19
Gha
na21
Leba
non
22N
icar
agua
24Sl
ovak
ia27
Uzb
ekist
an21
Arm
enia
22C
olom
bia
25G
reec
e22
Leso
tho
25N
iger
20Sl
oven
ia29
Vanu
atu
21Au
stral
ia26
Com
oros
20G
rena
da26
Libe
ria17
Nig
eria
18So
lom
on
Is
land
s21
Vene
zuel
a24
Austr
ia27
Con
go
D
emoc
ratic
Repu
blic
of th
e
17G
uate
mal
a20
Liby
a18
Nor
way
28So
mal
ia13
Vie
tnam
19
Azer
baija
n25
Con
go R
epub
lic
of
the
23G
uine
a16
Liec
hten
stein
28O
man
20So
uth
Afric
a23
Yem
en17
Baha
mas
23C
osta
Ric
a25
Gui
nea
Bi
ssau
23Li
thua
nia
24Pa
kista
n16
Spai
n29
Zam
bia
17
Bahr
ain
22C
ote
drsquoIv
oire
20G
uyan
a24
Luxe
mbo
urg
27Pa
lau
26Sr
i Lan
ka23
Zim
babw
e16
Bang
lade
sh17
Cro
atia
27H
aiti
18M
acau
22Pa
nam
a23
Suda
n17
Barb
ados
28C
uba
20H
ondu
ras
22M
aced
onia
20Pa
pua
New
Gui
nea
20Su
rinam
e21
Bela
rus
25C
ypru
s23
Hun
gary
28M
adag
asca
r21
Para
guay
24Sw
azila
nd13
Belg
ium
26C
zech
Rep
ublic
27Ic
elan
d24
Mal
awi
20Pe
ru23
Swed
en29
Beliz
e21
Den
mar
k26
Indi
a20
Mal
aysia
17Ph
ilipp
ines
20Sw
itzer
land
25
Tabl
e 1
Chi
ldre
nrsquos R
ight
s Ind
ex S
core
s of c
hild
renrsquo
s for
mal
rig
hts (
2004
)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
4 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
contended that without an education an individual could not eff ectively exercise her civil and political rights (Marshall 1964 93) Hindess ( 1993 25) states ldquoIn the absence of social rights then the impact of a formal equality of civil and political rights will be somewhat restrictedrdquo Freedom of conscience and the right to assembly for instance are more useful if an individual can read and write (Marshall 1964 97)
Other experts of sociological theories of citizenship have argued for inclusion of additional rights Bryan Turner ( 1993 7 see Soysal 1994 126-127) contends that citizenship theorists need to contend with economic rights Economic rights include freedoms from encroachments on individualsrsquo lives and harms to their welfare An economic right for instance is freedom from economic exploitation
In 1989 the United Nations Convention on the Rights of the Child was adopted Th e UN Convention provides that national governments signing the Convention will respect and enforce childrenrsquos rights as well as other objectives (Hanson 2008 7) Among other important items the Convention highlights diff erent rights children are expected to possess including civil rights such as freedom of conscience political rights like the right to express views and repre-sentation of those views social rights for example rights to health care and edu-cation and economic rights for instance freedom from exploitation and hazardous work (see Boyle and Kim 2008 Freeman 2004 xiv-xv) Since 1989 all national governments except those of the United States and Somalia have rati-fi ed the convention Ratifi cation means a state is committed to meeting obliga-tions set forth in the UN Convention (UN Treaty Handbook 2008)
Measurement Background
Over the last fi fteen years a host of international indicators of childrenrsquos welfare has emerged Th e various international indicators have diff erent goals For instance one goal is measuring childrenrsquos well being (Bradshaw et al 2007 ) By well-being Ben-Arieh and Froslashnes ( 2007b 249) have in mind ldquoquality of life in a broad senserdquo including ldquoeconomic conditions peer relations political rights and opportunities for developmentrdquo (compare Hanafi n et al 2006 80)
A separate fi eld of indicators is growing that focus on childrenrsquos rights Elizabeth Heger Boyle has developed a childrenrsquos rights indicator that measures how long a state took to ratify an international treaty on childrenrsquos rights such as the UN Convention More recently Boyle and Kim (2008 16) focus on rates of child labor rates of primary and secondary education enrolment and percentage of infants who are immunized
Th e fi eld of human rights relative to childrenrsquos rights is more developed Comparative-historical measures are important components of human rights research Human rights scholars have examined human rights dealing with
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 5
oppression when constructing this human rights measure Hafner-Burton and Tsutsuirsquos study (2007 411) considers a measure of repression which examines ldquofi ve levels of behaviorrdquo with one extreme being ldquopopulation-widerdquo terror with weak-to-no restrictions on decisionmakers to the other extreme which is a coun-try under rule of law where political imprisonment torture and political mur-ders are uncommon Scholars employing such a human rights measure are often interested in whether a national government has ratifi ed a human rights treaty compared to how its residents fare in practice
Another type of human rights measure examines whether a national govern-ment has ratifi ed international treaties on human rights In their work Hafner-Burton et al ( 2008 ) have examined treaty commitments One measure is ldquoAny Treaty Commitmentrdquo which is if a state ldquohas made a formal commitment to any international human rights treaty by ratifying acceding or succeeding to an agreementrdquo (Hafner-Burton and Tsutsui 2007 Hafner-Burton et al 2008 127) Hafner-Burton et al ( 2008 127) have also looked at the ldquoNumber of Treaty Commitmentsrdquo which measures to how many international human rights trea-ties has committed Hafner-Burton and Tsutsui ( 2007 409) refer to studies on ldquorelationship between the duration in years since ratifi cation of the core UN human rights laws and compliance behaviorrdquo
Th is article introduces the Childrenrsquos Rights Index Th e Childrenrsquos Rights Index is an indicator for over 190 countries of four diff erent types of childrenrsquos rights civil political social and economic Th e Childrenrsquos Rights Index indicates levels of childrenrsquos rights based in national laws with reference to restrictions in place (see below) Th e CRI may represent a measurement innovation because it conceptualizes childrenrsquos rights as a bundle of four kinds of rights For each kind of right two specifi c rights are considered so that the Childrenrsquos Rights Index consists of eight rights Consequently as one step in empirically studying chil-drenrsquos rights (see Beeckman 2004 71) the Childrenrsquos Rights Index presents evidence across a range of rights children do and do not possess
Constructing the Childrenrsquos Rights Index
As noted above a disciplinary consensus on constructs of childrenrsquos rights is emerging While the Childrenrsquos Rights Index is based on this research it is hoped that it will make a contribution to this line of research Th e Childrenrsquos Rights Index consists of two rights of four diff erent types civil political social and economic rights Th e two civil rights are freedom of conscience (Article 14 of the UN Convention) and freedom from imprisonment with adults (Article 37 of the UN Convention) Th e right to vote and the right to assemble (Article 15 of the UN Convention) are the two political rights Note that the right to vote is
6 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
not articulated in the UN Convention although some analysts contend it is an important right (Archard 2004 ) Th e two social rights are the right to education (Article 28 of the UN Convention) and the right to health care (Article 24 of the UN Convention) Freedoms from economic exploitation (Article 32 of the UN Convention) and hazardous work (Article 32 of the UN Convention) are the two economic rights in the Childrenrsquos Rights Index
Data Sources of Childrenrsquos Rights
Th e primary source of data on childrenrsquos rights is the US Department of Statersquos Country Reports on Human Rights Practices While the Country Reports on Human Rights Practices do not focus only on childrenrsquos rights the Country Reports do evaluate various childrenrsquos rights Th e State Departmentrsquos Country Reports are selected because of their breadth and depth and because experts agree they are accurate (Poe et al 2001 651) Information in the Country Reports is assembled in a stepwise format (telephone conversation with Petersen 2008 ) Offi cers of overseas bureaux of the State Department collect information on various coun-tries Th e offi cers receive information from governments nongovernmental organizations and country experts such as academics lawyers members of the media and religious offi cials (Farrar 2008) Offi cers in the State Departmentrsquos Bureau of Democracy Human Rights and Labor and in other bureaus of the State Department then prepare the Country Reports which are widely considered accurate and objective
Researchers nevertheless have compared Country Reports on Human Rights Practices with other sources of information on rights primarily to reports fi led by Amnesty International While concerns were expressed for early Country Reports (Poe et al 2001 ) experts consider Country Reports fi led in the last thirty years to be comparable to Amnesty International Reports Hafner-Burton et al ( 2008 128) fi nd that the State Department and Amnesty International Data are strongly correlated As Hafner-Burton et al ( 2008 128) suggest the US State Department data off er an important advantage of reporting on more states over more years than Amnesty International
Each member of the project team took turns gathering information on a spe -cifi c right from the Country Reports Each team member then reviewed a coun-tryrsquos State Department Country Report to identify relevant information on the specifi c right Th is team member copied this information into a spreadsheet Suff rage information was obtained from the Central Intelligence Agencyrsquos (CIA) World Factbook ( wwwodcigovciapublicationsfactbookfi elds2123html ) Th e World Factbook is intended to provide a ldquosnapshotrdquo of the world for intelli-gence purposes Th e age at which suff rage is granted was extracted and coded numerically
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 7
Coding of Childrenrsquos Rights
Each of the eight rights noted above were coded according to four levels which are (1) no right (2) right exists with signifi cant formal limitation (3) right exists with informal minor limitation and (4) right exists Th is study used the 1 to 4 coding scheme to try to capture diff erences in levels of each right for over 190 countries Rather than a dichotomy between the right existing and not existing the approach is to distinguish between when a signifi cant formal limitation on the right exists as well as when a minor limitation on the right is in place and when a right exists An example may elucidate the rationale of this ap -proach In Bangladesh for the year 2004 the right to education is only avail -able to children through age 10 a signifi cant formal limitation For the year 2004 in Suriname the right to education is limited by whether individuals can pay nominal fees Bangladesh received a score of 2 for the formal limita -tion based on age Suriname received a score of 3 for the informal limitation on fees
A four-person team was responsible for data coding Th e team consisted of the principal investigator the project director and two doctoral students Two team members separately coded each right Each team member scored the spe-cifi c country as well as provided a rationale for the score Th e project director assessed inter-rater reliability for each year If inter-rater reliability was unsatisfac-tory the project director identifi ed discrepancies then asked the two team members who coded the specifi c right to revise their scores Th e project director and principal investigator reviewed each right after team members scored all rights
Reliability Validity and Normal Distribution
To assess reliability Cronbachrsquos Alpha and inter-rater reliability were examined Cronbachrsquos Alpha is an estimate to determine if items are suffi ciently interrelated to justify their combination into an index Th e Cronbachrsquos Alpha is 714 for the Childrenrsquos Rights Index which experts consider appropriate (Garson 2008) We turned to Cohenrsquos Kappa to assess inter-rater reliability which for the Childrenrsquos Rights Index is 81 regarded as ldquoalmost perfectrdquo inter-rater reliability (Landis and Koch 1977 165)
Convergent validity concurrent validity content validity and discriminant validity were assessed Convergent validity was assessed through Cronbachrsquos Alpha To assess concurrent validity we correlated the Childrenrsquos Rights Index with a direct measure of an outcome associated with childrenrsquos rights For 138 countries for which data are available total educational expenditures relative to gross domestic product and CRI scores have a bivariate correlation of 199
8 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
(signifi cant at the 05 level) Th e project also examined discriminant validity to assess whether the CRI is highly related to ratifi cation of the UN Convention on the Rights of the Child which could lead to the conclusion that they measure the same social phenomena Th e dates between adoption of the UN Convention and a statersquos ratifi cation have a bivariate correlation of -079 (277 for 192 countries) suggesting the CRI and time to ratify the UN Convention do not measure the same phenomena
Th e present study assessed the distribution of Childrenrsquos Rights Index scores across the 193 countries It examined the indexrsquos kurtosis which is the peaked-ness of its distribution An accepted level for a normal distribution is +2 to -2 Th e Childrenrsquos Rights Index kurtosis level is -56 Skewness is the tilt in the dis-tribution of Childrenrsquos Rights Index scores An acceptable level ranges from +2 to -2 the indexrsquos skewness is 0013
An Analysis of Childrenrsquos Rights
Childrenrsquos Rights Index Scores
Potential scores on the CRI range from 8 (a score of one on each of the eight rights) to 32 (a score of four on each of the eight rights) (see Table 1 ) Across the 193 countries CRI scores range from a minimum of 13 (Somalia and Swaziland) to a maximum of 31 (Saint Kitts and Nevis)
Th e median CRI score is 22 Nearly 26 of the countries score below 20 less than 3 score above 30 the great majority over 70 have scores from 20 to 29 Th is review however does not readily indicate patterns in levels of childrenrsquos rights
International Perspectives of Childrenrsquos Rights
We can study patterns of childrenrsquos rights by examining maps of childrenrsquos rights Below is a map of childrenrsquos rights (see Figure 1 ) Th is map suggests regional pat-terns in childrenrsquos rights Childrenrsquos formal rights appear strongest in northern and western European countries as well as Canada Childrenrsquos rights appear to be weaker in some African countries as well as elsewhere
CRI Scores by World Bank Regions
Th e World Bank has made signifi cant impacts on a variety of social political and economic issues as well as on human and childrenrsquos rights (Shihata 1996 ) Do childrenrsquos rights vary by World Bank region (see Table 2 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 9
Afgh
anist
an18
Cam
eroo
n19
Finl
and
30K
orea
Nor
th17
Moz
ambi
que
20Sa
udi A
rabi
a19
Uga
nda
19Al
bani
a22
Can
ada
30Fr
ance
28K
orea
Sou
th26
Nam
ibia
23Se
nega
l21
Ukr
aine
23Al
geria
23C
ape V
erde
23G
abon
19K
uwai
t22
Nau
ru24
Serb
ia a
nd
M
onte
negr
o25
Uni
ted
Arab
Em
irate
s20
Ando
rra
30C
entr
al A
frica
n
Repu
blic
16G
ambi
a22
Kyr
gyz
Re
publ
ic21
Nep
al19
Seyc
helle
s27
UK
27
Ango
la19
Cha
d17
Geo
rgia
18La
os18
Net
herla
nds
30Si
erra
Leo
ne21
USA
23An
tigua
Baru
da27
Chi
le25
Ger
man
y26
Latv
ia27
New
Zea
land
25Si
ngap
ore
22U
rugu
ay28
Arge
ntin
a26
Chi
na19
Gha
na21
Leba
non
22N
icar
agua
24Sl
ovak
ia27
Uzb
ekist
an21
Arm
enia
22C
olom
bia
25G
reec
e22
Leso
tho
25N
iger
20Sl
oven
ia29
Vanu
atu
21Au
stral
ia26
Com
oros
20G
rena
da26
Libe
ria17
Nig
eria
18So
lom
on
Is
land
s21
Vene
zuel
a24
Austr
ia27
Con
go
D
emoc
ratic
Repu
blic
of th
e
17G
uate
mal
a20
Liby
a18
Nor
way
28So
mal
ia13
Vie
tnam
19
Azer
baija
n25
Con
go R
epub
lic
of
the
23G
uine
a16
Liec
hten
stein
28O
man
20So
uth
Afric
a23
Yem
en17
Baha
mas
23C
osta
Ric
a25
Gui
nea
Bi
ssau
23Li
thua
nia
24Pa
kista
n16
Spai
n29
Zam
bia
17
Bahr
ain
22C
ote
drsquoIv
oire
20G
uyan
a24
Luxe
mbo
urg
27Pa
lau
26Sr
i Lan
ka23
Zim
babw
e16
Bang
lade
sh17
Cro
atia
27H
aiti
18M
acau
22Pa
nam
a23
Suda
n17
Barb
ados
28C
uba
20H
ondu
ras
22M
aced
onia
20Pa
pua
New
Gui
nea
20Su
rinam
e21
Bela
rus
25C
ypru
s23
Hun
gary
28M
adag
asca
r21
Para
guay
24Sw
azila
nd13
Belg
ium
26C
zech
Rep
ublic
27Ic
elan
d24
Mal
awi
20Pe
ru23
Swed
en29
Beliz
e21
Den
mar
k26
Indi
a20
Mal
aysia
17Ph
ilipp
ines
20Sw
itzer
land
25
Tabl
e 1
Chi
ldre
nrsquos R
ight
s Ind
ex S
core
s of c
hild
renrsquo
s for
mal
rig
hts (
2004
)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 5
oppression when constructing this human rights measure Hafner-Burton and Tsutsuirsquos study (2007 411) considers a measure of repression which examines ldquofi ve levels of behaviorrdquo with one extreme being ldquopopulation-widerdquo terror with weak-to-no restrictions on decisionmakers to the other extreme which is a coun-try under rule of law where political imprisonment torture and political mur-ders are uncommon Scholars employing such a human rights measure are often interested in whether a national government has ratifi ed a human rights treaty compared to how its residents fare in practice
Another type of human rights measure examines whether a national govern-ment has ratifi ed international treaties on human rights In their work Hafner-Burton et al ( 2008 ) have examined treaty commitments One measure is ldquoAny Treaty Commitmentrdquo which is if a state ldquohas made a formal commitment to any international human rights treaty by ratifying acceding or succeeding to an agreementrdquo (Hafner-Burton and Tsutsui 2007 Hafner-Burton et al 2008 127) Hafner-Burton et al ( 2008 127) have also looked at the ldquoNumber of Treaty Commitmentsrdquo which measures to how many international human rights trea-ties has committed Hafner-Burton and Tsutsui ( 2007 409) refer to studies on ldquorelationship between the duration in years since ratifi cation of the core UN human rights laws and compliance behaviorrdquo
Th is article introduces the Childrenrsquos Rights Index Th e Childrenrsquos Rights Index is an indicator for over 190 countries of four diff erent types of childrenrsquos rights civil political social and economic Th e Childrenrsquos Rights Index indicates levels of childrenrsquos rights based in national laws with reference to restrictions in place (see below) Th e CRI may represent a measurement innovation because it conceptualizes childrenrsquos rights as a bundle of four kinds of rights For each kind of right two specifi c rights are considered so that the Childrenrsquos Rights Index consists of eight rights Consequently as one step in empirically studying chil-drenrsquos rights (see Beeckman 2004 71) the Childrenrsquos Rights Index presents evidence across a range of rights children do and do not possess
Constructing the Childrenrsquos Rights Index
As noted above a disciplinary consensus on constructs of childrenrsquos rights is emerging While the Childrenrsquos Rights Index is based on this research it is hoped that it will make a contribution to this line of research Th e Childrenrsquos Rights Index consists of two rights of four diff erent types civil political social and economic rights Th e two civil rights are freedom of conscience (Article 14 of the UN Convention) and freedom from imprisonment with adults (Article 37 of the UN Convention) Th e right to vote and the right to assemble (Article 15 of the UN Convention) are the two political rights Note that the right to vote is
6 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
not articulated in the UN Convention although some analysts contend it is an important right (Archard 2004 ) Th e two social rights are the right to education (Article 28 of the UN Convention) and the right to health care (Article 24 of the UN Convention) Freedoms from economic exploitation (Article 32 of the UN Convention) and hazardous work (Article 32 of the UN Convention) are the two economic rights in the Childrenrsquos Rights Index
Data Sources of Childrenrsquos Rights
Th e primary source of data on childrenrsquos rights is the US Department of Statersquos Country Reports on Human Rights Practices While the Country Reports on Human Rights Practices do not focus only on childrenrsquos rights the Country Reports do evaluate various childrenrsquos rights Th e State Departmentrsquos Country Reports are selected because of their breadth and depth and because experts agree they are accurate (Poe et al 2001 651) Information in the Country Reports is assembled in a stepwise format (telephone conversation with Petersen 2008 ) Offi cers of overseas bureaux of the State Department collect information on various coun-tries Th e offi cers receive information from governments nongovernmental organizations and country experts such as academics lawyers members of the media and religious offi cials (Farrar 2008) Offi cers in the State Departmentrsquos Bureau of Democracy Human Rights and Labor and in other bureaus of the State Department then prepare the Country Reports which are widely considered accurate and objective
Researchers nevertheless have compared Country Reports on Human Rights Practices with other sources of information on rights primarily to reports fi led by Amnesty International While concerns were expressed for early Country Reports (Poe et al 2001 ) experts consider Country Reports fi led in the last thirty years to be comparable to Amnesty International Reports Hafner-Burton et al ( 2008 128) fi nd that the State Department and Amnesty International Data are strongly correlated As Hafner-Burton et al ( 2008 128) suggest the US State Department data off er an important advantage of reporting on more states over more years than Amnesty International
Each member of the project team took turns gathering information on a spe -cifi c right from the Country Reports Each team member then reviewed a coun-tryrsquos State Department Country Report to identify relevant information on the specifi c right Th is team member copied this information into a spreadsheet Suff rage information was obtained from the Central Intelligence Agencyrsquos (CIA) World Factbook ( wwwodcigovciapublicationsfactbookfi elds2123html ) Th e World Factbook is intended to provide a ldquosnapshotrdquo of the world for intelli-gence purposes Th e age at which suff rage is granted was extracted and coded numerically
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 7
Coding of Childrenrsquos Rights
Each of the eight rights noted above were coded according to four levels which are (1) no right (2) right exists with signifi cant formal limitation (3) right exists with informal minor limitation and (4) right exists Th is study used the 1 to 4 coding scheme to try to capture diff erences in levels of each right for over 190 countries Rather than a dichotomy between the right existing and not existing the approach is to distinguish between when a signifi cant formal limitation on the right exists as well as when a minor limitation on the right is in place and when a right exists An example may elucidate the rationale of this ap -proach In Bangladesh for the year 2004 the right to education is only avail -able to children through age 10 a signifi cant formal limitation For the year 2004 in Suriname the right to education is limited by whether individuals can pay nominal fees Bangladesh received a score of 2 for the formal limita -tion based on age Suriname received a score of 3 for the informal limitation on fees
A four-person team was responsible for data coding Th e team consisted of the principal investigator the project director and two doctoral students Two team members separately coded each right Each team member scored the spe-cifi c country as well as provided a rationale for the score Th e project director assessed inter-rater reliability for each year If inter-rater reliability was unsatisfac-tory the project director identifi ed discrepancies then asked the two team members who coded the specifi c right to revise their scores Th e project director and principal investigator reviewed each right after team members scored all rights
Reliability Validity and Normal Distribution
To assess reliability Cronbachrsquos Alpha and inter-rater reliability were examined Cronbachrsquos Alpha is an estimate to determine if items are suffi ciently interrelated to justify their combination into an index Th e Cronbachrsquos Alpha is 714 for the Childrenrsquos Rights Index which experts consider appropriate (Garson 2008) We turned to Cohenrsquos Kappa to assess inter-rater reliability which for the Childrenrsquos Rights Index is 81 regarded as ldquoalmost perfectrdquo inter-rater reliability (Landis and Koch 1977 165)
Convergent validity concurrent validity content validity and discriminant validity were assessed Convergent validity was assessed through Cronbachrsquos Alpha To assess concurrent validity we correlated the Childrenrsquos Rights Index with a direct measure of an outcome associated with childrenrsquos rights For 138 countries for which data are available total educational expenditures relative to gross domestic product and CRI scores have a bivariate correlation of 199
8 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
(signifi cant at the 05 level) Th e project also examined discriminant validity to assess whether the CRI is highly related to ratifi cation of the UN Convention on the Rights of the Child which could lead to the conclusion that they measure the same social phenomena Th e dates between adoption of the UN Convention and a statersquos ratifi cation have a bivariate correlation of -079 (277 for 192 countries) suggesting the CRI and time to ratify the UN Convention do not measure the same phenomena
Th e present study assessed the distribution of Childrenrsquos Rights Index scores across the 193 countries It examined the indexrsquos kurtosis which is the peaked-ness of its distribution An accepted level for a normal distribution is +2 to -2 Th e Childrenrsquos Rights Index kurtosis level is -56 Skewness is the tilt in the dis-tribution of Childrenrsquos Rights Index scores An acceptable level ranges from +2 to -2 the indexrsquos skewness is 0013
An Analysis of Childrenrsquos Rights
Childrenrsquos Rights Index Scores
Potential scores on the CRI range from 8 (a score of one on each of the eight rights) to 32 (a score of four on each of the eight rights) (see Table 1 ) Across the 193 countries CRI scores range from a minimum of 13 (Somalia and Swaziland) to a maximum of 31 (Saint Kitts and Nevis)
Th e median CRI score is 22 Nearly 26 of the countries score below 20 less than 3 score above 30 the great majority over 70 have scores from 20 to 29 Th is review however does not readily indicate patterns in levels of childrenrsquos rights
International Perspectives of Childrenrsquos Rights
We can study patterns of childrenrsquos rights by examining maps of childrenrsquos rights Below is a map of childrenrsquos rights (see Figure 1 ) Th is map suggests regional pat-terns in childrenrsquos rights Childrenrsquos formal rights appear strongest in northern and western European countries as well as Canada Childrenrsquos rights appear to be weaker in some African countries as well as elsewhere
CRI Scores by World Bank Regions
Th e World Bank has made signifi cant impacts on a variety of social political and economic issues as well as on human and childrenrsquos rights (Shihata 1996 ) Do childrenrsquos rights vary by World Bank region (see Table 2 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 9
Afgh
anist
an18
Cam
eroo
n19
Finl
and
30K
orea
Nor
th17
Moz
ambi
que
20Sa
udi A
rabi
a19
Uga
nda
19Al
bani
a22
Can
ada
30Fr
ance
28K
orea
Sou
th26
Nam
ibia
23Se
nega
l21
Ukr
aine
23Al
geria
23C
ape V
erde
23G
abon
19K
uwai
t22
Nau
ru24
Serb
ia a
nd
M
onte
negr
o25
Uni
ted
Arab
Em
irate
s20
Ando
rra
30C
entr
al A
frica
n
Repu
blic
16G
ambi
a22
Kyr
gyz
Re
publ
ic21
Nep
al19
Seyc
helle
s27
UK
27
Ango
la19
Cha
d17
Geo
rgia
18La
os18
Net
herla
nds
30Si
erra
Leo
ne21
USA
23An
tigua
Baru
da27
Chi
le25
Ger
man
y26
Latv
ia27
New
Zea
land
25Si
ngap
ore
22U
rugu
ay28
Arge
ntin
a26
Chi
na19
Gha
na21
Leba
non
22N
icar
agua
24Sl
ovak
ia27
Uzb
ekist
an21
Arm
enia
22C
olom
bia
25G
reec
e22
Leso
tho
25N
iger
20Sl
oven
ia29
Vanu
atu
21Au
stral
ia26
Com
oros
20G
rena
da26
Libe
ria17
Nig
eria
18So
lom
on
Is
land
s21
Vene
zuel
a24
Austr
ia27
Con
go
D
emoc
ratic
Repu
blic
of th
e
17G
uate
mal
a20
Liby
a18
Nor
way
28So
mal
ia13
Vie
tnam
19
Azer
baija
n25
Con
go R
epub
lic
of
the
23G
uine
a16
Liec
hten
stein
28O
man
20So
uth
Afric
a23
Yem
en17
Baha
mas
23C
osta
Ric
a25
Gui
nea
Bi
ssau
23Li
thua
nia
24Pa
kista
n16
Spai
n29
Zam
bia
17
Bahr
ain
22C
ote
drsquoIv
oire
20G
uyan
a24
Luxe
mbo
urg
27Pa
lau
26Sr
i Lan
ka23
Zim
babw
e16
Bang
lade
sh17
Cro
atia
27H
aiti
18M
acau
22Pa
nam
a23
Suda
n17
Barb
ados
28C
uba
20H
ondu
ras
22M
aced
onia
20Pa
pua
New
Gui
nea
20Su
rinam
e21
Bela
rus
25C
ypru
s23
Hun
gary
28M
adag
asca
r21
Para
guay
24Sw
azila
nd13
Belg
ium
26C
zech
Rep
ublic
27Ic
elan
d24
Mal
awi
20Pe
ru23
Swed
en29
Beliz
e21
Den
mar
k26
Indi
a20
Mal
aysia
17Ph
ilipp
ines
20Sw
itzer
land
25
Tabl
e 1
Chi
ldre
nrsquos R
ight
s Ind
ex S
core
s of c
hild
renrsquo
s for
mal
rig
hts (
2004
)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
6 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
not articulated in the UN Convention although some analysts contend it is an important right (Archard 2004 ) Th e two social rights are the right to education (Article 28 of the UN Convention) and the right to health care (Article 24 of the UN Convention) Freedoms from economic exploitation (Article 32 of the UN Convention) and hazardous work (Article 32 of the UN Convention) are the two economic rights in the Childrenrsquos Rights Index
Data Sources of Childrenrsquos Rights
Th e primary source of data on childrenrsquos rights is the US Department of Statersquos Country Reports on Human Rights Practices While the Country Reports on Human Rights Practices do not focus only on childrenrsquos rights the Country Reports do evaluate various childrenrsquos rights Th e State Departmentrsquos Country Reports are selected because of their breadth and depth and because experts agree they are accurate (Poe et al 2001 651) Information in the Country Reports is assembled in a stepwise format (telephone conversation with Petersen 2008 ) Offi cers of overseas bureaux of the State Department collect information on various coun-tries Th e offi cers receive information from governments nongovernmental organizations and country experts such as academics lawyers members of the media and religious offi cials (Farrar 2008) Offi cers in the State Departmentrsquos Bureau of Democracy Human Rights and Labor and in other bureaus of the State Department then prepare the Country Reports which are widely considered accurate and objective
Researchers nevertheless have compared Country Reports on Human Rights Practices with other sources of information on rights primarily to reports fi led by Amnesty International While concerns were expressed for early Country Reports (Poe et al 2001 ) experts consider Country Reports fi led in the last thirty years to be comparable to Amnesty International Reports Hafner-Burton et al ( 2008 128) fi nd that the State Department and Amnesty International Data are strongly correlated As Hafner-Burton et al ( 2008 128) suggest the US State Department data off er an important advantage of reporting on more states over more years than Amnesty International
Each member of the project team took turns gathering information on a spe -cifi c right from the Country Reports Each team member then reviewed a coun-tryrsquos State Department Country Report to identify relevant information on the specifi c right Th is team member copied this information into a spreadsheet Suff rage information was obtained from the Central Intelligence Agencyrsquos (CIA) World Factbook ( wwwodcigovciapublicationsfactbookfi elds2123html ) Th e World Factbook is intended to provide a ldquosnapshotrdquo of the world for intelli-gence purposes Th e age at which suff rage is granted was extracted and coded numerically
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 7
Coding of Childrenrsquos Rights
Each of the eight rights noted above were coded according to four levels which are (1) no right (2) right exists with signifi cant formal limitation (3) right exists with informal minor limitation and (4) right exists Th is study used the 1 to 4 coding scheme to try to capture diff erences in levels of each right for over 190 countries Rather than a dichotomy between the right existing and not existing the approach is to distinguish between when a signifi cant formal limitation on the right exists as well as when a minor limitation on the right is in place and when a right exists An example may elucidate the rationale of this ap -proach In Bangladesh for the year 2004 the right to education is only avail -able to children through age 10 a signifi cant formal limitation For the year 2004 in Suriname the right to education is limited by whether individuals can pay nominal fees Bangladesh received a score of 2 for the formal limita -tion based on age Suriname received a score of 3 for the informal limitation on fees
A four-person team was responsible for data coding Th e team consisted of the principal investigator the project director and two doctoral students Two team members separately coded each right Each team member scored the spe-cifi c country as well as provided a rationale for the score Th e project director assessed inter-rater reliability for each year If inter-rater reliability was unsatisfac-tory the project director identifi ed discrepancies then asked the two team members who coded the specifi c right to revise their scores Th e project director and principal investigator reviewed each right after team members scored all rights
Reliability Validity and Normal Distribution
To assess reliability Cronbachrsquos Alpha and inter-rater reliability were examined Cronbachrsquos Alpha is an estimate to determine if items are suffi ciently interrelated to justify their combination into an index Th e Cronbachrsquos Alpha is 714 for the Childrenrsquos Rights Index which experts consider appropriate (Garson 2008) We turned to Cohenrsquos Kappa to assess inter-rater reliability which for the Childrenrsquos Rights Index is 81 regarded as ldquoalmost perfectrdquo inter-rater reliability (Landis and Koch 1977 165)
Convergent validity concurrent validity content validity and discriminant validity were assessed Convergent validity was assessed through Cronbachrsquos Alpha To assess concurrent validity we correlated the Childrenrsquos Rights Index with a direct measure of an outcome associated with childrenrsquos rights For 138 countries for which data are available total educational expenditures relative to gross domestic product and CRI scores have a bivariate correlation of 199
8 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
(signifi cant at the 05 level) Th e project also examined discriminant validity to assess whether the CRI is highly related to ratifi cation of the UN Convention on the Rights of the Child which could lead to the conclusion that they measure the same social phenomena Th e dates between adoption of the UN Convention and a statersquos ratifi cation have a bivariate correlation of -079 (277 for 192 countries) suggesting the CRI and time to ratify the UN Convention do not measure the same phenomena
Th e present study assessed the distribution of Childrenrsquos Rights Index scores across the 193 countries It examined the indexrsquos kurtosis which is the peaked-ness of its distribution An accepted level for a normal distribution is +2 to -2 Th e Childrenrsquos Rights Index kurtosis level is -56 Skewness is the tilt in the dis-tribution of Childrenrsquos Rights Index scores An acceptable level ranges from +2 to -2 the indexrsquos skewness is 0013
An Analysis of Childrenrsquos Rights
Childrenrsquos Rights Index Scores
Potential scores on the CRI range from 8 (a score of one on each of the eight rights) to 32 (a score of four on each of the eight rights) (see Table 1 ) Across the 193 countries CRI scores range from a minimum of 13 (Somalia and Swaziland) to a maximum of 31 (Saint Kitts and Nevis)
Th e median CRI score is 22 Nearly 26 of the countries score below 20 less than 3 score above 30 the great majority over 70 have scores from 20 to 29 Th is review however does not readily indicate patterns in levels of childrenrsquos rights
International Perspectives of Childrenrsquos Rights
We can study patterns of childrenrsquos rights by examining maps of childrenrsquos rights Below is a map of childrenrsquos rights (see Figure 1 ) Th is map suggests regional pat-terns in childrenrsquos rights Childrenrsquos formal rights appear strongest in northern and western European countries as well as Canada Childrenrsquos rights appear to be weaker in some African countries as well as elsewhere
CRI Scores by World Bank Regions
Th e World Bank has made signifi cant impacts on a variety of social political and economic issues as well as on human and childrenrsquos rights (Shihata 1996 ) Do childrenrsquos rights vary by World Bank region (see Table 2 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 9
Afgh
anist
an18
Cam
eroo
n19
Finl
and
30K
orea
Nor
th17
Moz
ambi
que
20Sa
udi A
rabi
a19
Uga
nda
19Al
bani
a22
Can
ada
30Fr
ance
28K
orea
Sou
th26
Nam
ibia
23Se
nega
l21
Ukr
aine
23Al
geria
23C
ape V
erde
23G
abon
19K
uwai
t22
Nau
ru24
Serb
ia a
nd
M
onte
negr
o25
Uni
ted
Arab
Em
irate
s20
Ando
rra
30C
entr
al A
frica
n
Repu
blic
16G
ambi
a22
Kyr
gyz
Re
publ
ic21
Nep
al19
Seyc
helle
s27
UK
27
Ango
la19
Cha
d17
Geo
rgia
18La
os18
Net
herla
nds
30Si
erra
Leo
ne21
USA
23An
tigua
Baru
da27
Chi
le25
Ger
man
y26
Latv
ia27
New
Zea
land
25Si
ngap
ore
22U
rugu
ay28
Arge
ntin
a26
Chi
na19
Gha
na21
Leba
non
22N
icar
agua
24Sl
ovak
ia27
Uzb
ekist
an21
Arm
enia
22C
olom
bia
25G
reec
e22
Leso
tho
25N
iger
20Sl
oven
ia29
Vanu
atu
21Au
stral
ia26
Com
oros
20G
rena
da26
Libe
ria17
Nig
eria
18So
lom
on
Is
land
s21
Vene
zuel
a24
Austr
ia27
Con
go
D
emoc
ratic
Repu
blic
of th
e
17G
uate
mal
a20
Liby
a18
Nor
way
28So
mal
ia13
Vie
tnam
19
Azer
baija
n25
Con
go R
epub
lic
of
the
23G
uine
a16
Liec
hten
stein
28O
man
20So
uth
Afric
a23
Yem
en17
Baha
mas
23C
osta
Ric
a25
Gui
nea
Bi
ssau
23Li
thua
nia
24Pa
kista
n16
Spai
n29
Zam
bia
17
Bahr
ain
22C
ote
drsquoIv
oire
20G
uyan
a24
Luxe
mbo
urg
27Pa
lau
26Sr
i Lan
ka23
Zim
babw
e16
Bang
lade
sh17
Cro
atia
27H
aiti
18M
acau
22Pa
nam
a23
Suda
n17
Barb
ados
28C
uba
20H
ondu
ras
22M
aced
onia
20Pa
pua
New
Gui
nea
20Su
rinam
e21
Bela
rus
25C
ypru
s23
Hun
gary
28M
adag
asca
r21
Para
guay
24Sw
azila
nd13
Belg
ium
26C
zech
Rep
ublic
27Ic
elan
d24
Mal
awi
20Pe
ru23
Swed
en29
Beliz
e21
Den
mar
k26
Indi
a20
Mal
aysia
17Ph
ilipp
ines
20Sw
itzer
land
25
Tabl
e 1
Chi
ldre
nrsquos R
ight
s Ind
ex S
core
s of c
hild
renrsquo
s for
mal
rig
hts (
2004
)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 7
Coding of Childrenrsquos Rights
Each of the eight rights noted above were coded according to four levels which are (1) no right (2) right exists with signifi cant formal limitation (3) right exists with informal minor limitation and (4) right exists Th is study used the 1 to 4 coding scheme to try to capture diff erences in levels of each right for over 190 countries Rather than a dichotomy between the right existing and not existing the approach is to distinguish between when a signifi cant formal limitation on the right exists as well as when a minor limitation on the right is in place and when a right exists An example may elucidate the rationale of this ap -proach In Bangladesh for the year 2004 the right to education is only avail -able to children through age 10 a signifi cant formal limitation For the year 2004 in Suriname the right to education is limited by whether individuals can pay nominal fees Bangladesh received a score of 2 for the formal limita -tion based on age Suriname received a score of 3 for the informal limitation on fees
A four-person team was responsible for data coding Th e team consisted of the principal investigator the project director and two doctoral students Two team members separately coded each right Each team member scored the spe-cifi c country as well as provided a rationale for the score Th e project director assessed inter-rater reliability for each year If inter-rater reliability was unsatisfac-tory the project director identifi ed discrepancies then asked the two team members who coded the specifi c right to revise their scores Th e project director and principal investigator reviewed each right after team members scored all rights
Reliability Validity and Normal Distribution
To assess reliability Cronbachrsquos Alpha and inter-rater reliability were examined Cronbachrsquos Alpha is an estimate to determine if items are suffi ciently interrelated to justify their combination into an index Th e Cronbachrsquos Alpha is 714 for the Childrenrsquos Rights Index which experts consider appropriate (Garson 2008) We turned to Cohenrsquos Kappa to assess inter-rater reliability which for the Childrenrsquos Rights Index is 81 regarded as ldquoalmost perfectrdquo inter-rater reliability (Landis and Koch 1977 165)
Convergent validity concurrent validity content validity and discriminant validity were assessed Convergent validity was assessed through Cronbachrsquos Alpha To assess concurrent validity we correlated the Childrenrsquos Rights Index with a direct measure of an outcome associated with childrenrsquos rights For 138 countries for which data are available total educational expenditures relative to gross domestic product and CRI scores have a bivariate correlation of 199
8 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
(signifi cant at the 05 level) Th e project also examined discriminant validity to assess whether the CRI is highly related to ratifi cation of the UN Convention on the Rights of the Child which could lead to the conclusion that they measure the same social phenomena Th e dates between adoption of the UN Convention and a statersquos ratifi cation have a bivariate correlation of -079 (277 for 192 countries) suggesting the CRI and time to ratify the UN Convention do not measure the same phenomena
Th e present study assessed the distribution of Childrenrsquos Rights Index scores across the 193 countries It examined the indexrsquos kurtosis which is the peaked-ness of its distribution An accepted level for a normal distribution is +2 to -2 Th e Childrenrsquos Rights Index kurtosis level is -56 Skewness is the tilt in the dis-tribution of Childrenrsquos Rights Index scores An acceptable level ranges from +2 to -2 the indexrsquos skewness is 0013
An Analysis of Childrenrsquos Rights
Childrenrsquos Rights Index Scores
Potential scores on the CRI range from 8 (a score of one on each of the eight rights) to 32 (a score of four on each of the eight rights) (see Table 1 ) Across the 193 countries CRI scores range from a minimum of 13 (Somalia and Swaziland) to a maximum of 31 (Saint Kitts and Nevis)
Th e median CRI score is 22 Nearly 26 of the countries score below 20 less than 3 score above 30 the great majority over 70 have scores from 20 to 29 Th is review however does not readily indicate patterns in levels of childrenrsquos rights
International Perspectives of Childrenrsquos Rights
We can study patterns of childrenrsquos rights by examining maps of childrenrsquos rights Below is a map of childrenrsquos rights (see Figure 1 ) Th is map suggests regional pat-terns in childrenrsquos rights Childrenrsquos formal rights appear strongest in northern and western European countries as well as Canada Childrenrsquos rights appear to be weaker in some African countries as well as elsewhere
CRI Scores by World Bank Regions
Th e World Bank has made signifi cant impacts on a variety of social political and economic issues as well as on human and childrenrsquos rights (Shihata 1996 ) Do childrenrsquos rights vary by World Bank region (see Table 2 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 9
Afgh
anist
an18
Cam
eroo
n19
Finl
and
30K
orea
Nor
th17
Moz
ambi
que
20Sa
udi A
rabi
a19
Uga
nda
19Al
bani
a22
Can
ada
30Fr
ance
28K
orea
Sou
th26
Nam
ibia
23Se
nega
l21
Ukr
aine
23Al
geria
23C
ape V
erde
23G
abon
19K
uwai
t22
Nau
ru24
Serb
ia a
nd
M
onte
negr
o25
Uni
ted
Arab
Em
irate
s20
Ando
rra
30C
entr
al A
frica
n
Repu
blic
16G
ambi
a22
Kyr
gyz
Re
publ
ic21
Nep
al19
Seyc
helle
s27
UK
27
Ango
la19
Cha
d17
Geo
rgia
18La
os18
Net
herla
nds
30Si
erra
Leo
ne21
USA
23An
tigua
Baru
da27
Chi
le25
Ger
man
y26
Latv
ia27
New
Zea
land
25Si
ngap
ore
22U
rugu
ay28
Arge
ntin
a26
Chi
na19
Gha
na21
Leba
non
22N
icar
agua
24Sl
ovak
ia27
Uzb
ekist
an21
Arm
enia
22C
olom
bia
25G
reec
e22
Leso
tho
25N
iger
20Sl
oven
ia29
Vanu
atu
21Au
stral
ia26
Com
oros
20G
rena
da26
Libe
ria17
Nig
eria
18So
lom
on
Is
land
s21
Vene
zuel
a24
Austr
ia27
Con
go
D
emoc
ratic
Repu
blic
of th
e
17G
uate
mal
a20
Liby
a18
Nor
way
28So
mal
ia13
Vie
tnam
19
Azer
baija
n25
Con
go R
epub
lic
of
the
23G
uine
a16
Liec
hten
stein
28O
man
20So
uth
Afric
a23
Yem
en17
Baha
mas
23C
osta
Ric
a25
Gui
nea
Bi
ssau
23Li
thua
nia
24Pa
kista
n16
Spai
n29
Zam
bia
17
Bahr
ain
22C
ote
drsquoIv
oire
20G
uyan
a24
Luxe
mbo
urg
27Pa
lau
26Sr
i Lan
ka23
Zim
babw
e16
Bang
lade
sh17
Cro
atia
27H
aiti
18M
acau
22Pa
nam
a23
Suda
n17
Barb
ados
28C
uba
20H
ondu
ras
22M
aced
onia
20Pa
pua
New
Gui
nea
20Su
rinam
e21
Bela
rus
25C
ypru
s23
Hun
gary
28M
adag
asca
r21
Para
guay
24Sw
azila
nd13
Belg
ium
26C
zech
Rep
ublic
27Ic
elan
d24
Mal
awi
20Pe
ru23
Swed
en29
Beliz
e21
Den
mar
k26
Indi
a20
Mal
aysia
17Ph
ilipp
ines
20Sw
itzer
land
25
Tabl
e 1
Chi
ldre
nrsquos R
ight
s Ind
ex S
core
s of c
hild
renrsquo
s for
mal
rig
hts (
2004
)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
8 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
(signifi cant at the 05 level) Th e project also examined discriminant validity to assess whether the CRI is highly related to ratifi cation of the UN Convention on the Rights of the Child which could lead to the conclusion that they measure the same social phenomena Th e dates between adoption of the UN Convention and a statersquos ratifi cation have a bivariate correlation of -079 (277 for 192 countries) suggesting the CRI and time to ratify the UN Convention do not measure the same phenomena
Th e present study assessed the distribution of Childrenrsquos Rights Index scores across the 193 countries It examined the indexrsquos kurtosis which is the peaked-ness of its distribution An accepted level for a normal distribution is +2 to -2 Th e Childrenrsquos Rights Index kurtosis level is -56 Skewness is the tilt in the dis-tribution of Childrenrsquos Rights Index scores An acceptable level ranges from +2 to -2 the indexrsquos skewness is 0013
An Analysis of Childrenrsquos Rights
Childrenrsquos Rights Index Scores
Potential scores on the CRI range from 8 (a score of one on each of the eight rights) to 32 (a score of four on each of the eight rights) (see Table 1 ) Across the 193 countries CRI scores range from a minimum of 13 (Somalia and Swaziland) to a maximum of 31 (Saint Kitts and Nevis)
Th e median CRI score is 22 Nearly 26 of the countries score below 20 less than 3 score above 30 the great majority over 70 have scores from 20 to 29 Th is review however does not readily indicate patterns in levels of childrenrsquos rights
International Perspectives of Childrenrsquos Rights
We can study patterns of childrenrsquos rights by examining maps of childrenrsquos rights Below is a map of childrenrsquos rights (see Figure 1 ) Th is map suggests regional pat-terns in childrenrsquos rights Childrenrsquos formal rights appear strongest in northern and western European countries as well as Canada Childrenrsquos rights appear to be weaker in some African countries as well as elsewhere
CRI Scores by World Bank Regions
Th e World Bank has made signifi cant impacts on a variety of social political and economic issues as well as on human and childrenrsquos rights (Shihata 1996 ) Do childrenrsquos rights vary by World Bank region (see Table 2 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 9
Afgh
anist
an18
Cam
eroo
n19
Finl
and
30K
orea
Nor
th17
Moz
ambi
que
20Sa
udi A
rabi
a19
Uga
nda
19Al
bani
a22
Can
ada
30Fr
ance
28K
orea
Sou
th26
Nam
ibia
23Se
nega
l21
Ukr
aine
23Al
geria
23C
ape V
erde
23G
abon
19K
uwai
t22
Nau
ru24
Serb
ia a
nd
M
onte
negr
o25
Uni
ted
Arab
Em
irate
s20
Ando
rra
30C
entr
al A
frica
n
Repu
blic
16G
ambi
a22
Kyr
gyz
Re
publ
ic21
Nep
al19
Seyc
helle
s27
UK
27
Ango
la19
Cha
d17
Geo
rgia
18La
os18
Net
herla
nds
30Si
erra
Leo
ne21
USA
23An
tigua
Baru
da27
Chi
le25
Ger
man
y26
Latv
ia27
New
Zea
land
25Si
ngap
ore
22U
rugu
ay28
Arge
ntin
a26
Chi
na19
Gha
na21
Leba
non
22N
icar
agua
24Sl
ovak
ia27
Uzb
ekist
an21
Arm
enia
22C
olom
bia
25G
reec
e22
Leso
tho
25N
iger
20Sl
oven
ia29
Vanu
atu
21Au
stral
ia26
Com
oros
20G
rena
da26
Libe
ria17
Nig
eria
18So
lom
on
Is
land
s21
Vene
zuel
a24
Austr
ia27
Con
go
D
emoc
ratic
Repu
blic
of th
e
17G
uate
mal
a20
Liby
a18
Nor
way
28So
mal
ia13
Vie
tnam
19
Azer
baija
n25
Con
go R
epub
lic
of
the
23G
uine
a16
Liec
hten
stein
28O
man
20So
uth
Afric
a23
Yem
en17
Baha
mas
23C
osta
Ric
a25
Gui
nea
Bi
ssau
23Li
thua
nia
24Pa
kista
n16
Spai
n29
Zam
bia
17
Bahr
ain
22C
ote
drsquoIv
oire
20G
uyan
a24
Luxe
mbo
urg
27Pa
lau
26Sr
i Lan
ka23
Zim
babw
e16
Bang
lade
sh17
Cro
atia
27H
aiti
18M
acau
22Pa
nam
a23
Suda
n17
Barb
ados
28C
uba
20H
ondu
ras
22M
aced
onia
20Pa
pua
New
Gui
nea
20Su
rinam
e21
Bela
rus
25C
ypru
s23
Hun
gary
28M
adag
asca
r21
Para
guay
24Sw
azila
nd13
Belg
ium
26C
zech
Rep
ublic
27Ic
elan
d24
Mal
awi
20Pe
ru23
Swed
en29
Beliz
e21
Den
mar
k26
Indi
a20
Mal
aysia
17Ph
ilipp
ines
20Sw
itzer
land
25
Tabl
e 1
Chi
ldre
nrsquos R
ight
s Ind
ex S
core
s of c
hild
renrsquo
s for
mal
rig
hts (
2004
)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 9
Afgh
anist
an18
Cam
eroo
n19
Finl
and
30K
orea
Nor
th17
Moz
ambi
que
20Sa
udi A
rabi
a19
Uga
nda
19Al
bani
a22
Can
ada
30Fr
ance
28K
orea
Sou
th26
Nam
ibia
23Se
nega
l21
Ukr
aine
23Al
geria
23C
ape V
erde
23G
abon
19K
uwai
t22
Nau
ru24
Serb
ia a
nd
M
onte
negr
o25
Uni
ted
Arab
Em
irate
s20
Ando
rra
30C
entr
al A
frica
n
Repu
blic
16G
ambi
a22
Kyr
gyz
Re
publ
ic21
Nep
al19
Seyc
helle
s27
UK
27
Ango
la19
Cha
d17
Geo
rgia
18La
os18
Net
herla
nds
30Si
erra
Leo
ne21
USA
23An
tigua
Baru
da27
Chi
le25
Ger
man
y26
Latv
ia27
New
Zea
land
25Si
ngap
ore
22U
rugu
ay28
Arge
ntin
a26
Chi
na19
Gha
na21
Leba
non
22N
icar
agua
24Sl
ovak
ia27
Uzb
ekist
an21
Arm
enia
22C
olom
bia
25G
reec
e22
Leso
tho
25N
iger
20Sl
oven
ia29
Vanu
atu
21Au
stral
ia26
Com
oros
20G
rena
da26
Libe
ria17
Nig
eria
18So
lom
on
Is
land
s21
Vene
zuel
a24
Austr
ia27
Con
go
D
emoc
ratic
Repu
blic
of th
e
17G
uate
mal
a20
Liby
a18
Nor
way
28So
mal
ia13
Vie
tnam
19
Azer
baija
n25
Con
go R
epub
lic
of
the
23G
uine
a16
Liec
hten
stein
28O
man
20So
uth
Afric
a23
Yem
en17
Baha
mas
23C
osta
Ric
a25
Gui
nea
Bi
ssau
23Li
thua
nia
24Pa
kista
n16
Spai
n29
Zam
bia
17
Bahr
ain
22C
ote
drsquoIv
oire
20G
uyan
a24
Luxe
mbo
urg
27Pa
lau
26Sr
i Lan
ka23
Zim
babw
e16
Bang
lade
sh17
Cro
atia
27H
aiti
18M
acau
22Pa
nam
a23
Suda
n17
Barb
ados
28C
uba
20H
ondu
ras
22M
aced
onia
20Pa
pua
New
Gui
nea
20Su
rinam
e21
Bela
rus
25C
ypru
s23
Hun
gary
28M
adag
asca
r21
Para
guay
24Sw
azila
nd13
Belg
ium
26C
zech
Rep
ublic
27Ic
elan
d24
Mal
awi
20Pe
ru23
Swed
en29
Beliz
e21
Den
mar
k26
Indi
a20
Mal
aysia
17Ph
ilipp
ines
20Sw
itzer
land
25
Tabl
e 1
Chi
ldre
nrsquos R
ight
s Ind
ex S
core
s of c
hild
renrsquo
s for
mal
rig
hts (
2004
)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
10 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Beni
n20
Djib
outi
20In
done
sia18
Mal
dive
s21
Pola
nd21
Syria
20Bh
utan
15D
omin
ica
26Ir
an17
Mal
i20
Port
ugal
25Ta
iwan
26Bo
livia
17D
omin
ican
Repu
blic
19Ir
aq19
Mal
ta28
Qat
ar23
Tajik
istan
22
Bosn
ia a
nd
H
erze
govi
na19
East
Tim
or18
Irel
and
23M
arsh
all
Is
land
s21
Rom
ania
24Ta
nzan
ia19
Botsw
ana
23Ec
uado
r24
Isra
el24
Mau
ritan
ia18
Russ
ia22
Th ai
land
23Br
azil
25Eg
ypt
19Ita
ly24
Mau
ritiu
s25
Rw
anda
20To
go19
Brun
ei16
El S
alva
dor
24Ja
mai
ca24
Mex
ico
23Sa
int K
itts
an
d N
evis
31To
nga
24
Bulg
aria
22Eq
uato
rial
G
uine
a16
Japa
n28
Mic
rone
sia19
Sain
t Luc
ia25
Trin
idad
and
Toba
go26
Burk
ina
Faso
26Er
itrea
16Jo
rdan
21M
oldo
va17
Sain
t Vin
cent
and
the
G
rena
dine
s
22Tu
nisia
23
Burm
a16
Esto
nia
27K
azak
hsta
n26
Mon
aco
29Sa
moa
23Tu
rkey
20Bu
rund
i20
Ethi
opia
19K
enya
17M
ongo
lia22
San
Mar
ino
28Tu
rkm
enist
an20
Cam
bodi
a19
Fiji
22K
iriba
ti28
Mor
occo
21Sa
o To
me
and
Pr
inci
pia
25Tu
valu
27
Tabl
e 1
(con
t)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 11
Figu
re 1
C
hild
renrsquos
Rig
hts I
ndex
Tot
al
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
12 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
When considering World Bank regions on average the highest levels of chil-drenrsquos formal rights are found in Latin America and the Caribbean followed by Europe and Central Asia Th e lowest CRI scores are typically found in the World Bank Africa region
It is important to note however that the range of scores among countries mak-ing up these World Bank regions is largest not only for the Latin America and Caribbean region but for the Africa region Th e narrowest range of scores is found in the Middle East and North Africa region for which the mean score of 2056 and median score of 2050 are low Th is narrow range suggests that chil-dren living in most Middle East and North Africa countries do not possess strong formal rights
Are countries scoring low medium and high on the CRI characterized by dif-ferences in their wealth responses to international pressures or levels of democ-racy (see Table 3 ) Comparing average wealth measured as gross domestic product per capita children living in countries with greater wealth tend to enjoy higher levels of rights On the other hand children whose national governments quickly ratifi ed the UN Convention tend to possess moderate levels of rights In con-trast children living in countries whose national governments were later ratifi ers of the Con-vention tend to possess fewer rights but children living in the latest ratifi ers seem to possess the highest level of rights Children living in stronger democracies as measured by Vanhanen ( 2008 ) tend to enjoy stronger levels of
Table 3 CRI scores by National Diff erences
CRI scoresAElig Below 20 20-29 30+
Average gross domestic product per capita
$279490 $908089 $1942000
Days to UN Convention ratifi cation
1015 90383 1143
Democracy levels 596 1834 3040
Table 2 CRI scores by World Bank Regions
Region Mean Median Range Std Dev
Africa 1955 2000 14 330East Asia amp Pacifi c 2040 1900 11 325Europe amp Central Asia 2325 2250 12 324Latin America amp Caribbean 2397 2400 14 303Middle East amp North Africa 2056 2050 7 212South Asia 2043 1950 11 341
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 13
rights according to the CRI A higher score on Vanhanenrsquos Index of Democracy indicates stronger democracy
Discussion
As a measure of childrenrsquos rights across countries the Childrenrsquos Rights Index provides empirical evidence of childrenrsquos formal rights Rather than identify whether or not a right exists the CRI analyzes rights as matters of degree To reit-erate the CRI consists of eight diff erent rights each of which ranges from 1 to 4 so that CRI scores can potentially be 8 to 32 In the context of broader work on childrenrsquos rights the CRI represents an important step in measuring childrenrsquos rights As a valid and reliable measure it is hoped that scholars and advocates can use the CRI to answer critical questions to childrenrsquos rights research
Th is article presents evidence that childrenrsquos rights vary across countries Nearly 26 of the countries score below 20 nearly 72 score below 30 and less than 3 score above 30 While no country receives a score of 8 the lowest possible score no country receives a score of 32 the highest possible score Th is variation is in contrast to nearly universal ratifi cation of the UN Convention raising questions of whether national governments are able or willing to implement childrenrsquos rights according to this rights instrument
While there is substantial international variation in childrenrsquos rights important patterns are revealed Considering countries with lower CRI scores the lowest scoring region is Africa although the greatest variation among countries is among African countries and Latin American and Caribbean countries Th e World Bankrsquos region of the Middle Easter and North Africa tend to share similar scores with a mean CRI score of 2056 Th ese fi ndings raise questions for diff erences and similarities in childrenrsquos rights across countries
Th is article suggests that childrenrsquos rights do vary according to international pressures country wealth and democracy Th e wealthier and more democratic a country the higher levels of rights its children seem to possess On the other hand international pressures appear to have mixed impacts Children living in countries whose national governments were quick to ratify the UN Convention tend to have moderate levels of rights but countries with low and high scores are late ratifi ers Th is result suggests that ratifying the UN Convention is not enough to improve childrenrsquos rights
Conclusion and Future Research
Th e CRI focuses on childrenrsquos formal rights An important concern raised by law and society scholars is whether rights matter to childrenrsquos outcomes Th is project has approached childrenrsquos rights by fi rst separating childrenrsquos rights in law relative
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
14 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
to rights in practice Th e CRI can be used by law and society researchers to exam-ine diff erences in rights on the books with rights in practice
It is hoped that researchers can use the CRI to study the question of whether rights matter Even if a country has not fi rmly established childrenrsquos formal rights do children do well in practice If the answer is no then scholars policy makers and advocates of childrenrsquos rights should bolster their eff orts in advancing and implementing childrenrsquos rights If the answer to this question is yes that there is a weak link between childrenrsquos rights and childrenrsquos welfare then scholars and policy makers should then ask whether alternatives to rights should be explored for improving well being of young people (Reynolds et al 2006 292)
Analyses of the CRI indicate childrenrsquos formal rights vary signifi cantly across countries Very few are the countries where childrenrsquos formal rights are extensive Instead children in most countries possess moderate levels of formal rights In many more countries are children entitled to fewer formal rights compared to countries where children enjoy strong formal rights Th is fi nding raises concerns about treaty decoupling It is hoped that the CRI will be useful to identify states that have decoupled practices from treaties In the future researchers can use the CRI to illuminate distances between childrenrsquos rights treaties and implementa-tion of childrenrsquos rights Th ese descriptive analyses suggest the phenomenon of decoupling treaties from practices should be examined for childrenrsquos rights
Researchers may explore other consequences of childrenrsquos rights including changes to families and other social groups (Hanson 2007 ) Scholars may use the CRI to compare young peoplersquos perspectives of their rights across countries (Khoury-Kassabri and Ben-Arieh 2008 ) Future research can use the CRI to investigate whether childrenrsquos rights coincide with human rights across countries Th e CRI can contribute to research on childrenrsquos rights by considering whether theoretical explanations of human rights are strong explanations for diff erences in childrenrsquos rights For example strong evidence exists in support of external infl u-ences on human rights Are external factors similarly powerful explanations of why children do or do not possess rights Likewise are internal factors found to have impacts on human rights similarly powerful explanations of childrenrsquos rights Th e CRI can be used to evaluate institutions and policies specifi cally established to further childrenrsquos rights As an example researchers can use the CRI to answer the question of whether institutions set up specifi cally to augment childrenrsquos rights such as national independent childrenrsquos rights institutions (sometimes called childrenrsquos commissioners and childrenrsquos ombudspersons) promote chil-drenrsquos rights (Gran and Aliberti 2003 )
It is anticipated that disaggregating the Childrenrsquos Rights Index into the four types of rights will be useful to determining whether some factors are more pow-erful explanations of types of rights For instance historical research (Detrick et al 1992 ) suggests that leaders of some countries have advocated for strong social rights and some leaders have pursued strong civil rights Researchers can
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 15
employ the CRI to study whether children living in some countries are entitled to weaker social rights compared to civil rights Another question to be pursued is whether children living in earlier ratifi ers of the UN Convention possess stronger rights of some kinds compared to children who live in late-ratifying countries
Future research should include measures of additional rights Th e CRI is for one time point 2004 expanding the CRI to other time points will enable researchers to examine changes in rights and the causes and consequences of these changes Th e CRI is a measure of rights for all ages of children In the future researchers may consider diff erences among various age groups
Th e CRI represents a small step in comparative research on childrenrsquos rights It is hoped that the CRI will be a useful resource for scholars policy makers and advocates of childrenrsquos rights
References
Archard D Children Rights and Childhood ( New York Routledge 2004 ) Beeckman K ldquoMeasuring the Implementation of the Right to Educationrdquo Th e International
Journal of Childrenrsquos Rights 2004 ( 12 ) 71 - 84 Ben-Arieh A ldquoBeyond Welfare Measuring and Monitoring the State of ChildrenmdashNew Trends
and Domainsrdquo Social Indicators Research 2000 (52) 235 - 257 Ben-Arieh A ldquoWhere are the Children Childrenrsquos Role in Measuring and Monitoring their Well-
Beingrdquo Social Indicators Research 2005 (74) 573 - 596 Ben-Arieh A ldquoTh e Child Indicators Movement Past Present and Futurerdquo Child Indicators
Research 2008 (1) 3 - 16 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well Being Th eory Types and Usagerdquo Social
Indicators Research 2007a (83) 1 - 4 Ben-Arieh A and Froslashnes I ldquoIndicators of Childrenrsquos Well being What should be Measured and
Whyrdquo Social Indicators Research 2007b (84) 249 - 250 Boyle E H and Kim M ldquoInternational Human Rights Neoliberal Economic Reforms and
Child Rights Outcomesrdquo Presented to the 2008 Annual Meeting of the American Sociological Association Boston Massachusetts
Boyle EH Smith T and Guenther K ldquoTh e Rise of the Child as an Individual in Global Societyrdquo in S A Venkatesh and R Kassimir (eds) Youth Globalization and the Law ( Palo Alto Stanford University Press 2007 )
Bradshaw J Hoelscher P and Richardson D ldquoAn Index of Child Well-Being in the European Unionrdquo Social Indicators Research 2007 (80) 133 - 177
Central Intelligence Agency World Factbook ( Washington US Government Printing Offi ce Various years)
Detrick S Doek J Cantwell N and Martenson J Th e United Nations Convention on the Rights of the Child ( Leiden Martinus Nijhoff Publishers 1992 )
Farrar J ldquoRemarks on the State Departmentrsquos 2007 Country Reports on Human Rights Practicesrdquo Available at wwwstategovgdrlrlsrm2008102116htm Accessed August 15 2008
Freeman M DA Childrenrsquos Rights (volumes I and II) ( Dartmouth Ashgate 2004 ) Freeman M DA ldquoWhatrsquos Right with Childrenrsquos Rightsrdquo International Journal of Law in Context
2006 (2) 89 - 98 Freeman M D A ldquoWhy It Remains Important to Take Childrenrsquos Rights Seriouslyrdquo Th e
International Journal of Childrenrsquos Rights 2007 (15) 5 - 23
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
16 BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17
Garson D ldquoScales and Standard Measuresrdquo www2chassncsuedugarsonpa765standardhtm Accessed July 14 2008
Glendon M A Rights Talk ( New York Free Press 1991 ) Global Initiative to End All Corporal Punishment of Children wwwendcorporalpunishment
org Accessed August 14 2008 Goonesekere S Children Law and Justice ( Th ousand Oaks Sage Publications 1998 ) Gran B and Aliberti D ldquoTh e Offi ce of the Childrenrsquos Ombudsperson Childrenrsquos Rights and
Social-Policy Innovationrdquo International Journal of the Sociology of Law 2003 ( 31 (2) ) 89 - 106 Grover S ldquoOn Recognizing Childrenrsquos Universal Rightsrdquo Th e International Journal of Childrenrsquos
Rights 2004 259 - 271 Guggenheim M Whatrsquos Wrong with Childrenrsquos Rights ( Cambridge Harvard University Press
2005 ) Hafner-Burton E and Tsutsui K ldquoJustice Lost Th e Failure of International Human Rights Law
to Matter Where Needed Mostrdquo Journal of Peace Research 2007 ( 44 (4) ) 407 - 425 Hafner-Burton E Tsutsui K and Meyer JW ldquoInternational Human Rights Law and the Politics
of Legitimationrdquo International Sociology 2008 ( 23 (1) ) 115 - 141 Hammad S H ldquoTh e CRC lsquoWords on Paperrsquo or Reality for Childrenrdquo Th e International Journal
of Childrenrsquos Rights 1999 (7) 215 - 237 Hanafi n S Brooks A Carroll E Fitzgerald E Gabhainn S and Sixsmith J ldquoAchieving
Consensus in Developing a National Set of Child Well-being Indicatorsrdquo Social Indicators Research 2006 (80) 79 - 104
Hanson K ldquoConcluding Remarks Does the Practice also Work in Th eoryrdquo in Th e UN Childrenrsquos Rights Convention Th eory Meets Practice Proceedings of the International Interdisciplinary Conference on Childrenrsquos Rights ( Ghent 2007 )
Hanson K ldquoSchools of Th ought in Childrenrsquos Rightsrdquo in A Ben-Arieh J Cashmore G Goodman J Kampmann and GB Melton (eds) Handbook of Child Research ( London Sage 2008 )
Hindess B ldquoCitizenship in the Modern Westrdquo in BS Turner (eds) Citizenship and Social Th eory ( London Sage 1993 )
Khoury-Kassabri M and Ben-Arieh A ldquoAdolescentsrsquo Approach toward Childrenrsquos Rights Comparison between Christian Jewish and Muslim Children in Jerusalemrdquo Journal of Social Issues 2008 ( 64 (4) ) 881 - 901
Libesman T ldquoCan International Law Imagine the World of Indigenous Childrenrdquo Th e International Journal of Childrenrsquos Rights 2007 (15) 283 - 309
Maripe B ldquoTh e Recognition and Enforcement of Childrenrsquos Rights in Domestic Lawrdquo Th e International Journal of Childrenrsquos Rights 2002 (9) 339 - 359
Marshall T H Class Citizenship and Social Development ( Garden City Doubleday 1964 ) Newell P Taking Children Seriously ( London Calouste Gulbenkian Foundation 2000 ) Odongo G O ldquoTh e Domestication of International Standards on the Rights of the Childrdquo Th e
International Journal of Childrenrsquos Rights 2004 (12) 419 - 430 Petersen J L Telephone conversation with principal investigator and Ms Petersen US
Department of State June 23 2008 Poe SC Carey SC and Vazquez TC ldquoHow are these Pictures Diff erent A Quantitative
Comparison of the US State Department and Amnesty International Human Rights Reports 1976-1995rdquo Human Rights Quarterly 2001 ( 23 (3) ) 650 - 677
Reynolds P Nieuwenhuys O and Hanson K ldquoRefractions of Childrenrsquos Rights in Development Practice A View from AnthropologymdashIntroductionrdquo Childhood 2006 ( 13 (3) ) 291 - 302
Shihata I FI ldquoTh e World Bankrsquos Promotion and Protection of Childrenrsquos Rightsrdquo Th e International Journal of Childrenrsquos Rights 1996 (4) 383 - 406
Soysal Y Limits of Citizenship ( Chicago University of Chicago Press 1994 ) Turner BS ldquoContemporary Problems in the Th eory of Citizenshiprdquo in B S Turner (eds)
Citizenship and Social Th eory ( London Sage 1993 ) UNICEF ldquoSummary Report of the Study on the Impact of the Implementation of the Convention
on the Rights of the Childrdquo ( Florence UNICEF Innocenti Research Centre 2004 )
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)
BK Gran International Journal of Childrenrsquos Rights 18 (2010) 1ndash17 17
UNICEF ldquoUNICEFrsquos Priorities for Children 2002-2005rdquo ( Florence UNICEF Innocenti Research Centre 2002 )
United Nations Committee on the Rights of the Child www2ohchrorgenglishbodiesratifi cation11htm Accessed August 14 2008
US Department of State Country Reports on Human Rights Practices ( Washington Various years)
Vanhanen T wwwprionoCSCWDatasetsGovernanceVanhanens-index-of-democracy Accessed August 13 2008
Veerman P and Hephzibah L ldquoImplementing Childrenrsquos Rights on a Local Levelrdquo Th e International Journal of Childrenrsquos Rights 2000 (8) 373 - 384
Williams P ldquoAlchemical Notes Reconstructing Ideals from Deconstructed Rightsrdquo Harvard Civil Rights-Civil Liberties Law Review 1987 (22) 401 - 33
Wotipka C M and Ramirez F O ldquoWorld Society and Human Rights An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination against Womenrdquo in B Simmons F Dobbin and G Garrett (eds) Th e Global Diff usion of Markets and Democracy ( New York Cambridge University Press 2008 )
Legal Case Cited
DeShaney v Winnebago County Department of Social Services 489 US 189 196 103 L Ed 2d 249 109 S Ct 998 (1989)