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Author: Ingi Iusmen

This book offers a timely exploration of the nature and scale of the emergent EU human rights regime by critically examining how and why EU intervention in human rights matters (with a key focus on child protection in Romania) as part of Eastern enlargement, has had feedback effects on the EU’s own institutional and policy structures. By drawing on the human rights conditionality (particularly in relation to children’s rights) as applied to Romania, this book demonstrates that the feedback effects regarding children’s rights have transformed the EU institutions’ role and scope in this policy area both in EU internal and external human rights dimensions. The process-tracing dimension illustrates why policy issues emerge on EU political agenda, which is in line with agenda-setting processes, and why they persist over time, which reflects historical institutionalist accounts. It is also shown that Eastern enlargement has raised the profile of Roma protection, international adoptions, the disabled and mental health at the EU level. The impact of these developments has been further reinforced by the constitutional and legal provisions included in the Lisbon Treaty. It is argued that Eastern enlargement along with the post-Lisbon constitutional changes have generated the emergence of a more robust and well-defined EU human rights regime in terms of its constitutional, legal and institutional clout.

Ingi Iusmen

5 Drivers of change, policy entrepreneurship and the institutionalization of children’s rights The joining of the three separate streams (problems, policies, politics) ... depends heavily on the appearance of the right entrepreneur at the right time. (Kingdon, 1984: 213) Introduction The European Union’s (EU) application of human rights conditionality in relation to child protection in Romania had feedback effects on the EU’s own children’s rights provision. Yet, the empirical evidence supporting this claim raises crucial analytical questions about the

in Children’s rights, Eastern enlargement and the EU human rights regime
Separate but equal?
Author: Karin Fischer

Separate but equal? Schools and the politics of religion and diversity in the Republic of Ireland focuses on the historical and current place of religion in the Irish education system from the perspective of children’s rights and citizenship. It offers a critical analysis of the political, cultural and social forces that have perpetuated the patronage system, looks at the ways in which the denominational model has been adapted to increased religious and cultural diversity in Irish society and shows that recent changes have failed to address persistent discrimination and the absence of respect for freedom of conscience. It relates current debates on the denominational system and the role of the State in education to Irish political thought and conceptions of national identity in Ireland, showing the ways in which such debates reflect a tension between nationalist-communitarian and republican political outlooks. There have been efforts towards accommodation and against instances of discrimination within the system, but Irish educational structures still privilege communal and private interests and hierarchies over equal rights, either in the name of a de facto ‘majority’ right to religious domination or by virtue of a deeply flawed and limited view of ‘parental choice’.

Ingi Iusmen

4 Policy feedback effects I don’t think we looked inside the Union, at our own human rights and implicitly children’s rights record before. Each Member State has multiple human rights deficits and, in a sense, that hasn’t been examined before. We have a multiplicity of defects in the human rights provision within the EU. Perhaps that’s the new thing: we have started to look more seriously at our own failings as more and more imbalances of human rights came to light due to enlargement, as the EU got bigger. (Emma Nicholson) Introduction European Union (EU

in Children’s rights, Eastern enlargement and the EU human rights regime
Ingi Iusmen

Member State. The EU developed and employed a wide range of instruments to transform child protection, alongside extensive monitoring and strict scrutiny undertaken by the Commission. Evidence of the transformative actions triggered by the EU in relation to Romanian children’s issue is provided in this chapter. Child protection is examined here in the light of the EU’s extensive intervention in an area where it lacked EU acquis and expertise. However, the Commission’s creative role in crafting 03_ChildrensRights_055-091.indd 55 10/10/2013 10:35 56 Children’s rights

in Children’s rights, Eastern enlargement and the EU human rights regime
Encounters with biosocial power
Author: Kevin Ryan

Refiguring childhood stages a series of encounters with biosocial power, which is a specific zone of intensity within the more encompassing arena of biopower and biopolitics. Assembled at the intersection of thought and practice, biosocial power attempts to bring envisioned futures into the present, taking hold of life in the form of childhood, thereby bridging being and becoming while also shaping the power relations that encapsulate the social and cultural world(s) of adults and children. Taking up a critical perspective which is attentive to the contingency of childhoods – the ways in which particular childhoods are constituted and configured – the method used in the book is a transversal genealogy that moves between past and present while also crossing a series of discourses and practices framed by children’s rights (the right to play), citizenship, health, disadvantage and entrepreneurship education. The overarching analysis converges on contemporary neoliberal enterprise culture, which is approached as a conjuncture that helps to explain, and also to trouble, the growing emphasis on the agency and rights of children. It is against the backdrop of this problematic that the book makes its case for refiguring childhood. Focusing on the how, where and when of biosocial power, Refiguring childhood will appeal to researchers and students interested in examining the relationship between power and childhood through the lens of social and political theory, sociology, cultural studies, history and geography.

Abstract only
Ingi Iusmen

process, has had feedback effects and far-reaching consequences for the EU’s human rights provision, and for the broader European integration. 00a_ChildrensRights_001-008.indd 1 10/10/2013 10:35 2 Children’s rights, Eastern enlargement and the EU human rights regime This book offers a timely exploration of the nature and scale of this emergent EU human rights regime as a consequence of Eastern enlargement. The human rights conditionality applied to Eastern candidates went well beyond the EU’s internal role and mandate in human rights in relation to the Member

in Children’s rights, Eastern enlargement and the EU human rights regime
Abstract only
Ingi Iusmen

Conclusion Child protection and children’s rights in Romania have come a long way since the early 1990s. The European Union (EU) has exerted unprecedented leverage over the direction and pace of reforms in human rights in Romania, particularly in relation to child protection, via the deployment of the instrument of accession conditionality. Both ‘negative conditionality’, connected with the threat of exclusion from the negotiations process or even halting them, and ‘positive conditionality’, associated with the EU membership reward, have engendered changes and

in Children’s rights, Eastern enlargement and the EU human rights regime
From Eastern enlargement to the Lisbon Treaty and beyond
Ingi Iusmen

demonstrate how Eastern enlargement has had an impact on EU human rights regime by showing ‘the way in which enlargement impacts upon the shape of the EU’s policy profile’ as ‘each of the rounds of enlargement brings about significant change to the trajectory of the EU as a whole, while impacting on individual policy regimes as well’ (Bulmer, 2009: 313). 06_ChildrensRights_146-176.indd 147 10/10/2013 10:35 148 Children’s rights, Eastern enlargement and the EU human rights regime The Roma The Roma protection, apart from children’s rights, perhaps acquired the highest

in Children’s rights, Eastern enlargement and the EU human rights regime
Karin Fischer

, which raises issues of respect for children’s rights and democratic legitimacy in the whole education system. The regular reassertion of the distinctive character of Catholic schools and of their mission towards the Catholic population logically leads to differences of treatment between children, depending on their religious backgrounds and in a number of instances (where there is pressure in numbers) to the exclusion of children of non-Catholic parents. It supposes that the State should ensure that these children may be catered for in alternative schools, which

in Schools and the politics of religion and diversity in the Republic of Ireland