Incorporating the UN Convention on the Rights of the Child into National Law

2021 ◽  
Keyword(s):  
Comparative Analysis ◽  
National Level ◽  
Specific Reference ◽  
National Context ◽  
Rights Of The Child ◽  
Legal Effect ◽  
The World ◽  
Individual Contributions ◽  
United Nations Convention ◽  
Take All

The United Nations Convention on the Rights of the Child (CRC) requires States Parties to take all appropriate measures to implement the rights in the Convention. As we celebrate the 30th anniversary of the Convention's adoption, focus has shifted onto the measures being taken at national level to give effect to children's rights with specific reference to legal incorporation both direct and indirect. The way in which the CRC is given legal effect is highly contingent upon the constitutional and legal systems of individual countries and can best be understood by those writing from the specific national context. <br><br>So this book combines individual contributions that address the experience of legal incorporation in selected countries by their national experts, with comparative analysis of the international landscape from the world's leading authorities on legal implementation of the CRC. The result is an up-to-date, comparative and international analysis of the progress made around the world to incorporate the CRC, in the first comprehensive and analytical presentation of these issues. <br><br><i>Incorporating the UN Convention on the Rights of the Child into National Law</i> is a rich resource central to the work of every lawyer with an interest in the CRC or the incorporation of international legal instruments.

The Best Interests of the Child Principle: Literal Analysis and Function

2010 ◽  
Vol 18 (4) ◽  
pp. 483-499 ◽  
Author(s):  
Jean Zermatten
Keyword(s):  
National Level ◽  
Best Interests ◽  
Practical Implementation ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Subject ◽  
United Nations Convention ◽  
Political Dimensions ◽  
And Function ◽  
Historical References

AbstractThe Best Interests of the Child principle is an innovative concept introduced by the United Nations Convention on the Rights of the Child. It serves as a foundational element of the Convention and has been identified by the Committee on the Rights of the Child as one of the Convention's four general principles. Despite limited historical references to this idea in the late 19th and early 20th centuries, this is a distinctly contemporary legal concept. As a result, its content and functionality has been the subject of thorough academic study as well as systematic examination and elaboration in jurisprudential settings. The paper makes a significant contribution to this interpretive dialogue by providing a conceptual and literal analysis of the principle, including as it relates to other articles of the Convention. The political dimensions of the principle are also considered with a view to its practical implementation at the national level.

Partitioning Ethnic Groups and their Members: Explaining Variations in Satisfaction with Democracy in Africa

2012 ◽  
Vol 18 (3) ◽  
Author(s):  
Valentin Gold
Keyword(s):  
Comparative Analysis ◽  
Ethnic Group ◽  
Ethnic Groups ◽  
Multilevel Model ◽  
National Level ◽  
National Context ◽  
Group Level ◽  
Satisfaction With Democracy ◽  
Level Data ◽  
Over Time

AbstractThis article examines the conditions that influence citizens’ satisfaction with democracy in Africa. In the analysis, individual, ethnic group, and national context determinants are combined in a multilevel model allowing a comparative analysis over time, countries, ethnic groups, and individuals. Using Afrobarometer survey data along with ethnic group-level and national-level data, I show that factors shaping citizens’ satisfaction can be found on each contextual level. To a large extent, perceived economic and political inequalities between ethnic groups explain variations in citizens’ satisfaction.

The child’s voice in adoption proceedings: A European perspective

2013 ◽  
Vol 21 (4) ◽  
pp. 590-615
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
United Nations ◽  
European Perspective ◽  
Rights Of The Child ◽  
European Court ◽  
The World ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

The right of the child to be heard in adoption proceedings flows directly from the provisions of the United Nations Convention on the Rights of the Child, ratified by almost every country in the world. In this paper, the interpretation of this principle across European jurisdictions will be analysed, both in terms of children who are old enough to make a determinative decision concerning their future, and those who are younger yet still possess the right to be heard. The wide variety of practices in Europe highlight the lack of progress in this field of law, which is not assisted by the conservative jurisprudence of the European Court of Human Rights.

The Child’s Voice in Adoption Proceedings

2014 ◽  
Vol 22 (1) ◽  
pp. 135-163 ◽  
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rights Of The Child ◽  
European Court ◽  
The World ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

The right of the child to be heard in adoption proceedings flows directly from the provisions of the United Nations Convention on the Rights of the Child, ratified by almost every country in the world. In this paper, the interpretation of this principle across European jurisdictions will be analysed, both in terms of children who are old enough to make a determinative decision concerning their future, and those who are younger yet still possess the right to be heard. The wide variety of practices in Europe highlight the lack of progress in this field of law, which is not assisted by the conservative jurisprudence of the European Court of Human Rights.

Children's Rights: Building From a Sense of Fairness. An Interview with Landon Pearson

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Mónica Ruiz-Casares
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
25Th Anniversary ◽  
Rights Of The Child ◽  
Time Period ◽  
The World ◽  
United Nations Convention ◽  
The Many

This year marks the 25th anniversary of the adoption of the United Nations Convention on the Rights of the Child (UNCRC). The most widely endorsed human rights instrument, the UNCRC represents a key legislative and advocacy tool to promote and protect children’s rights and, in so doing, to change attitudes towards childhood. Despite the many challenges that remain, children’s rights have transformed our way of looking at children and how children are treated around the world. In Canada, this time period is intimately tied to the figure of Landon Pearson, former Canadian Senator (1994-2005), founder of the Landon Pearson Resource Centre for the Study of Childhood & Children's Rights at Carleton University, and a tireless advocate for children’s rights. In this interview with McGill Professor Mónica Ruiz-Casares, Landon Pearson traces back her interest in children’s rights and children’s voice, and reflects on the UNCRC—the context in which it emerged, its achievements and shortcomings to date, and the opportunities and challenges ahead. She shares her views on leadership and provides advice to researchers and practitioners to advance children’s rights into the future.

scholarly journals A Child’s Right to Be Heard and Be Represented in the Criminal Procedure: A Comparative Analysis of Estonian and Cambodian Law to CRC

2019 ◽  
Vol 9 (4) ◽  
pp. 127-149
Author(s):  
Kristi Joamets ◽  
Muy Seo ngouv
Keyword(s):  
Comparative Analysis ◽  
Practical Implementation ◽  
Legal Regulations ◽  
Eu Law ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The Right ◽  
The Eu

Abstract This paper analyses the legal and practical implementation of the right to be heard and be represented of children in criminal proceedings, both in the framework of the United Nations Convention on the Rights of the Child (CRC) and in the context of Estonian and Cambodian legal systems. Estonia has been chosen as a model state of EU by which also the EU principles are reflected. Particularly, this paper provides a comparative analysis of the implementation of a child’s right to be heard and be represented in Estonia and Cambodia by examining the legal standards concerning children’s right to be heard and be represented enshrined under the CRC together with the regulations and policies of each respective country, and, to a smaller extent, how the principles of the CRC are reflected in EU law and policies. Examples of actual practices in Estonia and Cambodia are discussed to understand whether both countries are compliant with the principles of the CRC. This paper suggests that Estonia and Cambodia both acknowledge their human rights obligations regarding children’s rights, and their legal regulations and policies are in accordance with the CRC principles. However, there remain gaps in the implementation of these policies and regulations in both countries. This view is justified by the analysis of the performance of judicial professionals, including judicial police, lawyers, prosecutors and judges. While critically analyzing the challenges, this article also suggests changes to address the problem.

scholarly journals Modalities of international contracts in trade of goods: Legal review

2020 ◽  
Vol 17 (4) ◽  
pp. 107-124
Author(s):  
Radica Pavlović
Keyword(s):  
International Trade ◽  
Comparative Analysis ◽  
Foreign Trade ◽  
Scientific Disciplines ◽  
Legal Effect ◽  
The World ◽  
Modern Business ◽  
Transnational Companies ◽  
Business Conditions ◽  
The Subject

The subject of the paper is to point out the effect of the modality of the contract on the sale of goods in international trade, given that in modern business conditions due to globalization, deregulation and market liberalization, foreign trade has reached enormous proportions in the world. and business relations, given that they, in modern business conditions and through the development of multinational and transnational companies lead to a huge expansion of the range of goods that become the subject of economic turnover and thus contracting given that the contract of sale has both economic and legal effect. Today, modern regulations and relations of purchase are being established and commented on, and therefore the goal is to present a review of the modalities of contracts in international trade in order to make the best possible genesis, comparative analysis and understanding of necessity in modern imperative and causal norms. Inclusion of other scientific disciplines in the adoption of regulatory norms and the study of this field, considering all aspects of their actions.

scholarly journals Protection of children's rights in Ukraine, Azerbaijan and Turkey

2021 ◽  
pp. 43-50
Author(s):  
A. A. Omarova
Keyword(s):  
United Nations ◽  
State Policy ◽  
National Level ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Major Event ◽  
Founding Member ◽  
Rights Of The Child ◽  
The World

One of the most pressing issues in the world today is the protection of children's rights. A major event in this area was the adoption of the 1989 UN Convention on the Rights of the Child. At the time of the development and adoption of the Convention, Ukraine and Azerbaijan were part of the USSR. However, the Ukrainian SSR, unlike the Azerbaijani SSR, was the primary founding member of the United Nations and therefore participated in the development and adoption of the UN Convention on the Rights of the Child, like Turkey, whose observers also participated in this process. This article examines the participation of Ukraine, Azerbaijan and Turkey in the development and adoption of the 1989 UN Convention on the Rights of the Child. However, the adoption and ratification of the Convention is only the first step in the realization of children's rights at the national level. The national special laws of Ukraine, Azerbaijan and Turkey in the field of protection of children's rights are also studied. This article concludes on the different direction of the special laws of these countries. Moreover, there are some differences in the content of the laws, namely some of them includes not only rights, but also the duties of the child. The state of protection of children's rights in Ukraine, Azerbaijan and Turkey is a priority and urgent issue in the state policy of these countries and needs to be improved. The conclusions provide recommendations for improving the legislation of these countries.

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