Summary of author’s recent publications

Dr Elizabeth A. Faulkner

Lecturer in Contemporary Slavery

Wilberforce Institute, University of Hull

e.a.faulkner@hull.ac.uk

Today Dr Elizabeth Faulkner summarizes two of her latest publications.

These recent publications reflect my ongoing interest in the rights and exploitation of children and international law, which emerged out of my time as a doctoral researcher within De Montfort University’s Law School. The first is a collaboratively written journal article which seeks to address the colonial contours of the United Nations Convention on the Rights of the Child (UNCRC). Last year saw the commemoration of the thirtieth anniversary of the UNCRC, which was ratified in 1989. This commemoration presented an opportunity to examine and revaluate the epistemologies of children’s rights, their representativeness, and their intellectual utility. The article, entitled ‘The Decolonisation of Children’s Rights and the Colonial Contours of the Convention on the Rights of the Child’ points to the potential for the UNCRC to perpetuate colonial tendencies if accepted uncritically as a global and definitive blueprint for children’s rights. We therefore sought to interrogate the power dynamics and colonial legacy upon which our views of children are formed, the colonial contours of the UNCRC and the decolonisation of children’s rights. References were made to the impact of ancillary protective legal instruments on children to provide a more holistic analysis of the legal architecture underpinning children’s rights.

Conrad and I advocate that we, as academics, need to interrogate the power dynamics that shape the underlying presumptions upon which our worldviews are built on an ongoing basis.  We used a decolonial lens to challenge both the pedagogy and scholarship of the discourse, whilst simultaneously inviting scholars to recognise and engage with the colonial legacies that perpetuate the study of children’s rights. We set out an argument that scholarship on children’s rights needs to be disentangled from hegemonic Western epistemologies if it is to remain relevant.

Indeed, the colonial legacy present within the discourse of children’s rights needs to be challenged  in a multiplicity of ways, from the development and implementation of the international legal framework, to the teaching of children’s rights, to the removing of barriers to scholars from the Global South to participating in the discourse. Such factors manifest as Hokusai’s wave, a wave that suppresses, prevents, and subsequently perpetuates the dominance of imperialist approaches to children’s rights, knowledge and reform.

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The second publication is a book chapter which analyses how international law seeks to prevent the sexual exploitation and abuse of children, and appears in the fourth edition of Professor Trevor Buck’s International Child Law Routledge text, edited by Dr Rajnaara Akhtar and Dr Conrad Nyamutata of De Montfort Law School. The book examines the rights of the child using the global framework of the UNCRC. Through examining both public and private international legal aspects, this interdisciplinary text promotes a holistic understanding of the ongoing development of child law, children’s rights, and the protection of the child. Chapter 8 of the International Child Law text (‘Sexual Exploitation’) acknowledges that the sexual abuse and exploitation of children has occurred throughout human history but did not emerge upon the international agenda until the 1990s. The chapter grapples with the issue of definitions, as the expansion of the discourse since the turn of the twenty-first century has arguably rendered any definition of ‘child sexual exploitation’ as vague and ambiguous. The fact remains that international law does not offer a distinct definition of the sexual exploitation, but the international legal apparatus has sought to address this through the adoption of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC). The chapter on sexual exploitation in previous editions had mentioned trafficking, but not explicitly addressed the Trafficking Protocol and its role in combatting the sexual exploitation of children. Although trafficking is frequently perceived as synonymous with commercial sex work or ‘sexual enslavement’, this is not the case. The issue of quantification of the issues and the profits rendered from the sexual exploitation of children are touched upon, as they shape and inform the international action of global bodies that have a mandate to combat child sexual exploitation, such as The United Nations and the Group of 7 (formerly G8). The key difference between global and regional mandates is that regional ones ordinarily involve localized action. Examples of regional instruments include the Organisation of African Unity’s (OAU) African Charter on the Rights and Welfare of the Child and the South Asian Association for Regional Co-operation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution.

The chapter finds resonance with the journal article above, through highlighting that the discourse of child sexual exploitation ‘is produced by and reproduced by the dominant discourse of childhood in the West, and more specifically, a discourse of female childhood in which female sexuality is constructed within a sexual double standard’. This analysis coincides with the fact that the most active geopolitical region seeking to combat child sexual exploitation is Europe. Moreover, this chapter sought to introduce the emerging critical scholarship upon the issue of ‘modern slavery’ and challenge the assertion of the previous edition that ‘trafficking … has become a modern-day slave trade’.

Racial Precedents to COVID-19

Jasmine Holding Brown

‘Falling Through the Net’ PhD Research Cluster

Wilberforce Institute, University of Hull

j.holding-brown-2019@hull.ac.uk, #FallingThroughTheNet

As part of the ‘Falling Through the Net’ cluster my work examines children and childhoods that are exposed to exploitation. In the first six months of my PhD the focus of my research has shifted, more than once. Currently my interests lie in exploring ideas relating to rescue: the rescuers and the rescued.

The two central topics of my comparative study, British child migration and Indigenous Canadian child removal (between 1850 and 1970) were, on the surface at least, supposed to ‘save’ children from something: poverty; sin; poor parenting; limited social and economic opportunities; indigeneity. Frequently these ‘rescued’ children were placed in highly exploitative and harmful situations.

To stretch the initial analogy further though, there are children that these particular ‘nets’, however poorly designed, were never designed to catch. I suggest that by looking closely at the particular characteristics of the ‘rescued’, including the ‘non-rescued’ and the ‘rescuers’, we can attain a clearer understanding of the social dynamics at play. The intersections of class, gender and race in the development of policies drastically altered the lives of hundreds of thousands of children, and left many in mass unmarked graves. I intend to explore the underexamined role that ‘white womanhood’ played in the formulation of these child-focused social movements, and their relation to broader settler-colonial projects.

Ultimately, I am interested in the relevance that these issues have to contemporary practices and the protection of ‘vulnerable’ children and young people, dilemmas regarding the ethics of intervention, the distribution of resources and how ‘best interests’ are conceptualised.

The current global health crisis has brought some of these vulnerabilities into stark relief, exposing the rampant social and health inequalities that exist within societies. Despite children being one of the least affected groups in relation to the virus itself, the wider implications of the COVID-19 disease pandemic will undoubtedly impact some young people more than others. This includes the inability to access outdoor spaces and the internet;  reduced contact with support services; and the increased pressures of lockdown on family dynamics for the estimated 2.3 million children in England considered to be at significant risk, but not currently receiving support from social services.

In addition to class distinctions, racial disparities in relation to COVID-19 are now being discussed openly. Analysis conducted by The Guardian called for the recognition of race, and racial inequalities as risk factors for COVID-19. Afua Hirsch, writing in the same newspaper has been highlighting these concerns since early April, when the emerging data appeared to corroborate what many suspected, that individuals from black, Asian and ethnic minority (BAME) groups are dying in significantly greater numbers relative to their representation in the population as a whole: in the UK this means a 27% higher rate than would be expected. An official inquiry into the issue was recently announced.

The statistics for black American deaths are even more telling; in Chicago black people constitute a third of the population but accounted for 72% of deaths at the beginning of April. It will be some time before we fully understand the correlation between BAME individuals and COVID-19, although it’s likely that socioeconomics, housing, high-risk occupations and higher levels of co-morbidities will be factors. It suggests that the tragic consequences of COVID-19 will also be felt disproportionately by the children of racial minority groups.

The social determinants of health are perhaps even more apparent, when looking at the potential impact COVID-19 could have for Indigenous communities. In Canada, especially areas without access to clean running water, frequent hand washing is not always feasible. Social distancing and isolation are not viable choices in overcrowded living arrangements, and where there are chronic shortages of adequate housing. A significantly higher proportion of the population have underlying health conditions, and there is a very high prevalence of respiratory illnesses. Inuit children, for example, suffer from tuberculosis at 300 times the rate of non-Indigenous Canadians, and, experience the highest rates of chronic respiratory disease in the world. These issues are compounded by limited access to healthcare services, with some remote areas only accessible by air, and others having no resident medical personnel. For these communities the impact of COVID-19 could be devastating.

The legacies of colonialist and racist mentalities have been exposed, in some quarters, in the ways in which the current pandemic has been articulated. Historically, Indigenous children were used as guinea-pigs for experimental and often brutal treatments. An idea invoked recently by a French doctor suggested a potential vaccine could be trialled in Africa. The Bacillus Calmette-Guérin vaccine, commonly known as the BCG, which is currently being examined for its potential use against COVID-19, was tested on Indigenous children in the 1930s to counter ‘Indian tuberculosis’, an example of racialised and pathologizing language that echoes the current American President’s use of the term ‘Chinese virus’.

Brandon Sanitorium for Indians, Brandon, Manitobe, Canada. November 1947.
Racially segregated hospitals originally operated to contain ‘Indian tuberculosis’.
Library and Archives Canada: Available here

From a personal perspective the pandemic has, to some degree, limited my ability to access resources. It has made connections with others more difficult to achieve, and it means events have been cancelled or postponed. They are difficulties though that seem largely trivial, given the struggles many people are facing to access even basic sanitation in order to protect themselves.

Researching Forced British Child Emigration

James Baker

‘Falling Through the Net’ PhD Research Cluster

Wilberforce Institute, University of Hull

j.baker-2019@hull.ac.uk, #FallingThroughTheNet

I am one of three funded PhD researchers within the Wilberforce Institute’s ‘Falling Through the Net’ research cluster concerning child migration. My particular area of interest is the forced emigration of British children from the United Kingdom to Australia during the twentieth century. Many of these child migrants had previously been raised within the British care system and were coerced to migrate abroad with the promise of a better quality of life. However, many child migrants were treated poorly, and have shared their experiences of abuse and exploitation while in care overseas.

My dual affiliation with the University of Hull’s Department of History and the Wilberforce Institute has granted me a unique vantage point from which to analyse this topic. Not only have I been able to research the testimony and experiences of former child migrants, but I have also been able to explore how this movement fits into broader issues of slavery and exploitation around the world, both in historic and contemporary societies. This interdisciplinary framework has also helped me to understand that in this case and many others, forced emigration, poverty and exploitation are all one singular human rights issue. This is particularly true in the case of children where discussions surrounding their protection and rights is a relatively recent development in international law.

Events this year, and in particular following the worldwide outbreak of COVID-19, have brought many new challenges into my research process. As a student in my first year of research, this was the academic year for me to begin to present tentative ideas at conferences and create networks with researchers in similar fields to mine. However, the cancellation of academic conferences across the board, coupled with travel restrictions both domestically and overseas, have meant that many of these plans are on hold. Fortunately, conferencing apps such as Skype and Zoom, in addition to social media networks including Twitter, have enabled me to remain in contact with my fellow researchers at the Wilberforce Institute as well as to discover any new opportunities to discuss research in online academic forums.

This global disease pandemic has also witnessed the rapid digitisation of archival material by the National Archives and other such repositories, in addition to books and journal articles being made available online to a wider audience. There are however still a number of limitations that are still present in my current methodology. Digitising archival material is a gradual process and much of what I will need to not currently online, and a number of relevant museum exhibitions that were due to open this academic year have been postponed indefinitely. This includes Departures – 400 Years of Emigration from Britain, an exhibition concerning British immigration worldwide due to be held at the Migration Museum in Lewisham, London. It is also impossible to know how long certain restrictions will last and the extent to which this will impact any field work I decide to conduct in my second year of research. These are all factors that I will need to find ways to remedy in the coming months.

Arguably the most profound impact of COVID-19 has had in relation to this topic has been in the process of reuniting former child migrants with their families. In March 2020, the Child Migrants Trust announced that all prospective travel linked to the Family Restoration fund would be halted with immediate effect. The trust, alongside the national governments of Australia and the United Kingdom, have done excellent work in reuniting former child migrants with their long lost families in recent years. This process can already be a difficult one for many former child migrants as some were long unaware that they had living relatives, and sadly the Family Restoration Fund came too late for others whose parents and siblings passed away before they had the chance to reunite.

The emotional toll of bringing families together has been exacerbated by the uncertainly surrounding COVID-19 and the restrictions that have been put in relation to overseas travel. Given the advanced age of many of these former migrants, these restrictions are understandable and have been put in place with their best health interests at heart. Safety is of course the first priority in these difficult and unprecedented times. Let’s just hope that in the technological era that we live in, former Home Children will be able to find new ways to connect with their families and that their voices to continue to be heard in the ongoing process of reconciliation.

A local memorial dedicated to child migration in South Australia.