The four general principles of the United Nations Convention on the Rights of the Child: the potential value of the approach in other areas of human rights law

2017 ◽  
pp. 52-70
Author(s):  
Laura Lundy ◽  
Bronagh Byrne
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Rights Law ◽  
Potential Value ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations

scholarly journals THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND PROTECTION OF CHILDREN’S RIGHTS AT CONSTITUTIONAL LEVEL

2016 ◽  
pp. 0-0
Author(s):  
Марина Шелютто ◽  
Marina SHyelyutto
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
Venice Commission

The adoption of the United Nations Convention on the Rights of the Child in 1989 meant the international recognition of children as autonomous right-holders. The Convention includes practically all traditional human rights: civil, political, economic, social and cultural rights, to which every child is entitled. The Report on the Protection of Children’s Rights: International Standards and Domestic Constitutions adopted by the Venice Commission in 2014 shows that national constitutions of some Council of Europe Member States have implemented the provisions of the Convention in different manner after its adoption. Some constitutions (the Russian Constitution is among them, too) reflect the traditional paternalistic approach (according to which children need protection) but not the rights-based approach. The inclusion in the Constitution of guarantees of rights for everyone may be insufficient to ensure respect for these rights for every child. The recommendations of the UN Committee on the Rights of the Child and the Venice Commission to include in national constitutions the key message that children are holders of human rights and the general principals of the Convention are topical for the Russian Federation.

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.

Human Rights and the Deaf Community in Ireland

2011 ◽  
Vol 18 (1) ◽  
pp. 77-95
Author(s):  
Avril Mullane ◽  
John Bosco Conama ◽  
Robert Fourie
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Special Educational Needs ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
International Human ◽  
The United Nations ◽  
Education Act

Background: Deaf individuals are often subject to legislation expressing deafness in medical or disability terms, which neglects sociolinguistic domains. Objective: To evaluate Irish legislation relevant to Deaf individuals and the recognition of Irish Sign Language (ISL), in light of international human rights obligations. Method: The Equal Status Act (2000), The Equality Act (2004), The Disability Act (2005), The Education Act (1998), and The Education for Persons with Special Educational Needs (EPSEN 2004) were evaluated in the light of the Universal Declaration of Human Rights (UDHR, 1948), the United Nations Convention on the Rights of the Child (1990), and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD, 2008), with particular reference to sociolinguistic issues affecting Deaf communities in Ireland. Results and conclusion: The sociolinguistic rights of Irish Deaf communities are not explicitly safeguarded within current Irish law because lawgivers have failed to adequately consult these communities when constructing legislation.

Understanding the Best Interests of the Child as a Procedural Obligation: The Example of the European Court of Human Rights

2020 ◽  
Vol 20 (4) ◽  
pp. 745-768
Author(s):  
Milka Sormunen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Case Law ◽  
Best Interests ◽  
Procedural Approach ◽  
Rights Of The Child ◽  
European Court ◽  
Significant Strength ◽  
United Nations Convention ◽  
The United Nations

Abstract According to Article 3(1) of the United Nations Convention on the Rights of the Child, the best interests of the child have to be a primary consideration in all cases concerning children. The Committee on the Rights of the Child understands Article 3(1) as a ‘threefold concept’: a substantive right, an interpretive principle and a rule of procedure. This article argues that the provision is best understood as a procedural obligation. Understanding Article 3(1) as a procedural obligation remedies key problems that originate from interpreting the provision as a substantive right. A significant strength of the procedural approach is that it can be consistently applied in different case groups. This article illustrates the argument with the case law of the European Court of Human Rights related to children, in which the article detects three layers of a procedural approach to the best interests of the child.

The Interpretation of the American Convention on Human Rights through the Prism of the United Nations Convention on the Rights of the Child

2020 ◽  
Vol 9 (1) ◽  
pp. 1-26
Author(s):  
Francesco Seatzu
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interest ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations

This article considers the Inter American Court of Human Rights (IACtHR)’s and Inter-American Commission on Human Rights (iachr)’s approach to interpreting and applying the American Convention on Human Rights (achr) provisions through the prism of the United Nations Convention on the Rights of the Child (crc) and ascertains the features of each convention that supports this approach. It concentrates on the IACtHR’s and iachr’s development and implementation of the principle of the best interest of the child, and on two specific areas of the IACtHR’s and iachr’s jurisprudence on children’s rights – children’s migration and trafficking of children – and concludes with some suggestions as to how this approach might be improved further in a manner that gives wider scope for the promotion of children’s rights and freedoms in the achr contracting states.

Sign in / Sign up

Export Citation Format

Share Document