Volume 7 (No 1-2)
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Browsing Volume 7 (No 1-2) by Subject "children's rights"
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ItemA monster called justice: Female incarceration and motherhood in Mexico’s prison system(Global Campus Human Rights, 2023) Giacomello, CorinaFemale incarceration has been growing at a higher rate than the general prison population around the world and Mexico has been no exception: between 2000 and 2022 the country has witnessed an increase of the female prison population by 100%, vs a 60% global tendency. The main cause for women’s incarceration is theft, followed by more serious crimes, such as kidnapping and homicide. Most women in prison come from poor households, have basic schooling and are primary or sole caregivers of small children. Despite a growing international and national attention to the issue of women in prison and the impacts of female incarceration on small children, the Mexican prison system is not legally designed nor practically equipped to uphold children’s rights and mainstream a children rights’ perspective in the adult criminal justice system. This paper aims at analyzing the conditions of female incarceration in Mexico and its impacts on children, with a focus on those living with their mothers. It is based on publicly available quantitative data and literature review as well as on semi-structured interviews and focus groups with women in prison from 2005 onwards and, more recently, with women detained in the country’s federal female prison “CPS femenil Morelos” in 2023. It also draws from the lived experience of formerly incarcerated women.
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ItemThe paradox of child participation in child labour: An interface between statutory and customary child labour laws in Malawi(Global Campus Human Rights, 2023) Mauluka, Gift ; Kaime, ThokoThe ratification of the International Labour Organisation’s Convention 138 on Minimum Age and Convention 182 on the Worst Forms of Child Labour, as well as the enactment of the Employment Act, 2000 and the Child Care, Protection and Justice Act, 2010, among other critical legislation by the Malawi government, was a contribution towards the elimination of child labour. These efforts have been complemented by the reinforcement of customary laws and an inclusive formulation of rules and regulations set by traditional and religious leaders at the community level. Despite these efforts, child labour is on the rise. The interface between statutory and customary laws in the fight against child labour raises questions about the contributions that each of them or their combination is making in ending child labour. This paper examines various reasons and tensions associated with the application of these laws, simultaneously or independently, in the effort to combat child labour. Application of weak legal pluralism, where modification of the existing norms and practices is allowed while allowing room for input from statutory law, is being suggested as one of the ideal integrations of laws in the fight against child labour and ensuring their meaningful participation.