Children Defending Their Human Rights Under The Crc Communications Procedure

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Children Defending Their Human Rights Under The Crc Communications Procedure

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Author : Sonja C. Grover
language : en
Publisher: Springer
Release Date : 2014-11-03

Children Defending Their Human Rights Under The Crc Communications Procedure written by Sonja C. Grover and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-03 with Law categories.

This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children’s Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children’s fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

Human Rights In Child Protection

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Author : Asgeir Falch-Eriksen
language : en
Publisher: Springer
Release Date : 2005-01-01

Human Rights In Child Protection written by Asgeir Falch-Eriksen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Child welfare categories.

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states. .

Monitoring The Convention On The Rights Of The Child

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Author : Zelalem Shiferaw Woldemichael
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2014-03-06

Monitoring The Convention On The Rights Of The Child written by Zelalem Shiferaw Woldemichael and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-06 with categories.

Among the core international human rights treaties adopted at the UN level, the CRC is unique for exclusively dealing with the rights of children. The instrument, however, is devoid of an international Complaints Mechanism. Consequently, children are not entitled to present claims alleging violations of their rights at an international level and get remedy. Analyzing the detrimental impact that absence of international Complaints Mechanism under the CRC may pose on children, the HRC of the UN made a landmark decision in June 2009 through adopting a Resolution (A/HRC/RES/11/1) which established an inter-governmental OEWG having the mandate of exploring the possibilities of establishing Communications Procedure for the CRC. In March 2010, the HRC made another Resolution (A/HRC/RES/13/3) and empowered the OEWG to prepare a draft Optional Protocol that provides Communications Procedure for the CRC. Pursuant to this Resolution, the OEWG prepared a draft Optional Protocol and presented it to the HRC. Scrutinizing its contents, the HRC adopted the draft on 17 June 2011.

Protecting The World S Children

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Author :
language : en
Publisher:
Release Date : 2007

Protecting The World S Children written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Children categories.

The book provides examples of ways in which the CRC has been successfully incorporated into diverse legal systems and derives from that experience a framework for improved alignment of national legislation with human rights instruments and with the CRC in particular, taking into account not only the provisions of the CRC but also its underlying principles, such as indivisibility of rights and the importance of partnership in realizing children's rights. As such it provides practitioners with a tool for supporting the legal aspects of implementation of the CRC as a foundation for implementation overall."--Jacket

Monitoring State Compliance With The Un Convention On The Rights Of The Child

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Author : Ziba Vaghri
language : en
Publisher: Springer Nature
Release Date : 2022-01-03

Monitoring State Compliance With The Un Convention On The Rights Of The Child written by Ziba Vaghri and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-03 with Education categories.

This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

The Global Community Yearbook Of International Law And Jurisprudence 2018

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Author : Giuliana Ziccardi Capaldo
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-08-29

The Global Community Yearbook Of International Law And Jurisprudence 2018 written by Giuliana Ziccardi Capaldo and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2018 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: whether the Paris Declaration of 2017 and the Oslo Recommendation of 2018 deals with enhancing their institutions' legitimacy; how to reconcile human rights, trade law, intellectual property, investment and health law with the WTO dispute settlement panel upholding Australia's tobacco plain packaging measure; Israel's acceptance of Palestinian statehood contingent upon prior Palestinian "demilitarization" is potentially contrary to pertinent international law; and a proposal to strengthen cooperation between the ECJ and National Courts in light of the failure of the dialogue between the ECJ and the Italian Constitutional Court on the interpretation of Article 325 of the Treaty on the Functioning of the European union. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.

International Human Rights Law And Practice

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Author : Ilias Bantekas
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-23

International Human Rights Law And Practice written by Ilias Bantekas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-23 with Law categories.

The only human rights textbook truly merging law with practice in a comprehensive and enjoyable manner.

Writing Constitutions

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Author : Wolfgang Babeck
language : en
Publisher: Springer Nature
Release Date :

Writing Constitutions written by Wolfgang Babeck and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.

Child Refugee Asylum As A Basic Human Right

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Author : Sonja C. Grover
language : en
Publisher: Springer
Release Date : 2018-05-24

Child Refugee Asylum As A Basic Human Right written by Sonja C. Grover and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-24 with Law categories.

This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.

The United Nations Convention On The Rights Of The Child

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Author : Ton Liefaard
language : en
Publisher: BRILL
Release Date : 2016-11-01

The United Nations Convention On The Rights Of The Child written by Ton Liefaard and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-01 with Law categories.

In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.