This thoroughly updated second edition presents a comprehensive legal perspective on the inherently interdisciplinary field of childrens rights. Chapters provide an article-by-article analysis of the Convention on the Rights of the Child, including its Optional Protocols, as well as contextualised advice on the interpretation and implementation of its provisions.
The Commentary critically engages with the Convention, exploring its position within the wider context of human rights law and other multidisciplinary fields such as the sociology of childhood. This second edition includes a revised introduction focusing on contemporary challenges and opportunities for childrens rights, new material on children in conflict with the law and the individual complaints procedure, and updated discussions of recent case law in regional human rights systems.
Drawing on global perspectives, this new edition is an invaluable resource for students and researchers in family law, human rights, public international law and the sociology of law. It will also be of great interest to practitioners and policymakers in childrens services, education, social work, psychology and healthcare.
Arvustused
This second edition brings new insights to the normative developments relating to the Convention on the Rights of the Child. It vividly illustrates that the Convention is a living document - and that its jurisprudence is being reshaped to deal with the many new issues facing children's rights today - from environmental impacts to access to justice. It is so useful to have the protocols included. Looking forward to using this volume as a go-to reference in my daily work. -- Ann Skelton, UN Committee on the Rights of the Child The effective protection of childrens rights requires an adequate and accurate understanding of the UN Convention on the Rights of the Child and its Optional Protocols. The second edition of this acclaimed Commentary offers a highly relevant, up to date and very useful source of reference, for scholars, practitioners and students, which enhances our legal understanding of international childrens rights as a complex and dynamic field of law, critical to the protection of the human rights and fundamental freedoms of all children. The interdisciplinary approach of the Commentary adds significant value in deepening our knowledge concerning both the challenges as well as the potential of the childrens rights framework for children across the globe. -- Ton Liefaard, Leiden University, the Netherlands This book offers a thorough, yet accessible, examination of the Convention on the Rights of the Child and its Optional Protocols. This new edition provides important analysis of the rapidly developing jurisprudence of the Committee on the Rights of the Child under the Optional Protocol on a Communications Procedure. The book remains a key resource for students, scholars, and practitioners focused on childrens rights. -- Jonathan Todres, Georgia State University, US
Contents
Foreword xix
Childrens rights law: achievements and challenges 1
Childrens rights law: achievements and challenges 48
1 Scope of application 53
2 Non-discrimination 58
3 Best interests of the child 67
4 General obligation 85
5 Appropriate direction and guidance consistent with the childs evolving
capacities 91
6 The right to life, survival and development 100
7 Name and nationality 113
8 Preservation of identity 121
9 Separation from parents 125
10 Famly reunfcaton 137
11 Illicit transfer and non-return of children 148
12 The views of the child 158
13 Freedom of expression 176
14 Freedom of thought, conscience and religion 185
15 Freedom of association and peaceful assembly 193
16 The right to privacy 205
17 Access to appropriate information through media 216
18 Common responsibilities of parents for the upbringing and development of
the child 226
19 Protection from all forms of violence
20 Children deprived of their family environment 246
21 Adoption 254
22 Asylum seeking and refugee children 263
23 Children with disabilities 279
24 Right to health 287
25 Periodic review of placement 310
26 Social security 312
27 Standard of living adequate for the childs development 317
28 Right to education 324
29 Aims of education 337
30 Article 30: Rghts of chldren from mnortes and indgenous orgn 341
31 Rest, leisure and play 351
32 Protecton from economc explotaton 360
33 Protecton from drugs 368
34 Protecton from sexual explotaton and abuse 376
35 Prevention of abduction, sale and trafficking 386
36 Protecton aganst all other forms of explotaton 395
37 Deprivation of liberty, prohibition of torture, degrading and inhuman
treatment and of capital
punishment and life imprisonment 399
38 Chldren in armed conflct 416
39 Recovery and rentegraton of chld vctms 424
40 Childrens rights in justice systems 433
41 Respect for higher standards 450
42 Dissemination 452
43 Article 43: The Committee on the Rights of the Child 457
44 Reporting procedure 461
45 Implementation and international cooperation 465
4654 Final clauses: signature, ratification, accession, entry into force,
amendments, reservations,
denunciations 469
OPTIONAL PROTOCOL ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT 475
OPTIONAL PROTOCOL ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD
PORNOGRAPHY 487
OPTIONAL PROTOCOL ON A COMMUNICATIONS PROCEDURE 505
Wouter Vandenhole, Professor of Human and Children's Rights, Law and Development Research Group, Faculty of Law, Gamze Erdem Türkelli, Associate Research Professor, Law and Development Research Group, Faculty of Law, University of Antwerp and Sara Lembrechts, PhD Researcher, Migration Law Research Group, Faculty of Law and Criminology, Ghent University, Belgium
