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The Best of Both Worlds for Children's Rights? Interpreting the European Convention on Human Rights in the Light of the UN Convention on the Rights of the Child
Published in:
Human Rights Quarterly, Vol: 23, Page: 308-326
Publication Date:
2001
Aims & Objectives:
The article discusses the European Convention on Human Rights in the Light of the UN Convention on the Rights of the Child
Abstract:
The article discusses the European Convention on Human Rights (ECHR) in the light of the United Nations (U.N.) Convention on the Rights of the Child (CRC). The approach of the U.N. Committee on the Rights of the Child to the promotion and protection of children's rights is advisory and non-adversarial in nature and its success relies on diplomacy rather than legal sanction. One of the CRC's outstanding features is the comprehensive nature of its provisions. It is arguably by putting these to effective and imaginative use that the Convention can play an influential and dynamic role in the protection of the rights of children and young people. The use of the CRC is a particularly significant development, given the detailed and specific nature of its provisions and the fact that they are widely accepted and legally binding internationally. Both the Commission and the Court have referred to provisions of the CRC in children's cases since it came into force in 1990. Protection of the child from physical punishment and abuse is a striking feature of the CRC. Existing ECHR case laws highlight that there is plenty of scope for using the principles and provisions of the CRC in a positive and dynamic way to support ECHR argument in the domestic courts.
Authors:
Ursula Kilkelly
Study Type:
Non Study Papers » Discussion paper, review, commentary, letter »
Notes:
Article 02750392 Accession Number: 4792257; Kilkelly, Ursula 1; Affiliations: 1: College Lecturer, University College Cork. Source Info: May2001, Vol. 23 Issue 2, p308; Thesaurus Term: HUMAN rights; Thesaurus Term: CONGRESSES & conventions; Thesaurus Term: CHILDREN'S rights; Thesaurus Term: JUVENILE justice, Administration of; Thesaurus Term: CHILD welfare; Subject Term: CONVENTION on the Rights of the Child (1989); Number of Pages: 19p. Document Type: Article
Keywords:
- Child Welfare
- CHILDREN''S rights
- CONGRESSES & conventions
- CONVENTION on the Rights of the Child (1989)
- human rights
- JUVENILE justice, Administration of
Geography:
Republic of Ireland (Republic of Ireland)