Overview

In this commentary, Aoife Daly provides analysis of Article 15 of the UN Convention on the Rights of the Child – the right of children to freedom of association and assembly. Relevant international law text and case law are examined, but this commenary goes beyond this to reconceptualise Article 15. The right is applied to themes as varied as association with family and friends, political demonstrations, and the unionisation of working children, with the special position of children to the forefront of the analysis. Possibilities for progressing the right through UN mechanisms, courts and other arenas are considered. In doing so, this book pushes traditional boundaries to and understandings of association and assembly, drawing-out particularly child-specific elements of this crucial right.

Full Product Details

Author:   Aoife Daly
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   15
Dimensions:   Width: 15.50cm , Height: 0.80cm , Length: 23.50cm
Weight:   0.201kg
ISBN:  

9789004148697

ISBN 10:   9004148698
Pages:   108
Publication Date:   07 April 2016
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Excerpt of Table of Contents Author Biography Acknowledgements Text of Article 15 Chapter One – Introduction; 1 The Nature of Association and Assembly Rights and their Relevance for Children; 2 Association and Assembly and the Intersection with Children’s Participation (or ‘Freedom’) Rights; Chapter Two – Comparison with Related International Human Rights Provisions; 1 Comparing CRC Article 15 and other Instruments: Have Association Rights been Diminished by the CRC?; 2 Associations and International Labour Organization Conventions; 3 Links between CRC Article 15 and other CRC Provisions; 3.1 Article 12(1): The Right of Children to be Heard; 3.2 Article 2: The Right to Freedom from Discrimination; 3.3 Article 3(1): The Best Interest of the Child; 3.4 Article 6: The Right to Life, Survival and Development; 3.5 Other Relevant CRC Provisions: Expression, Privacy and Family 4 Association and Assembly, the Special Position of Children and Positive Obligations; Chapter Three – The Scope of Article 15; 1 Drafting CRC Article 15: Retaining ICCPR Standards?; 1.1 CRC Article 15 in the Original CRC Provision on Civil and Political Rights; 1.2 Combining Assembly and Association in the CRC: A Blow for Working Children?; 2 Other Textual Issues: Further Defining CRC Article 15; 2.1 Association and Assembly: Characteristics and Distinctions; 2.2 ‘Peaceful’ Assembly: Protection for Peaceful Participants; 2.3 Freedom from Association and Assembly; 2.4 The Limitation Clause: Any Different for Children?; 2.5 Children’s Rights and Parents’ Guidance: A Balancing Exercise; 3 State Reservations and Declarations to Article 15: Resisting Minimum Rights Standards?; 4 The Committee on the Rights of the Child: Progressing the Right?; 4.1 The Committee’s Engagement with the Right: A Dearth of References; 4.2 Comments of the CRC Committee: Upholding Children’s Equality 5 Ignoring Children’s Realities: Neglected Children’s Rights Issues under CRC Article 15; 5.1 Working Children’s Associations: What about Children under the Minimum Working Age?; 5.2 The Association and Assembly Opportunities Provided by Technology: Benefits and Risks; 5.3 Making Children’s Access to Public Spaces an Issue of Association and Assembly Rights; Chapter Four – Moving Forward with CRC Article 15; Conclusion; Index

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Author Information

Aoife Daly, Ph.D. (2011), Trinity College Dublin, teaches law at the University of Liverpool. She researches and teaches widely on children’s rights. Her book The Right to be Heard: Children, Autonomy and the Courts is forthcoming with Ashgate in 2016.

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