Overview

This comprehensive Commentary presents a contemporary legal perspective on the inherently interdisciplinary field of children's rights. Chapters analyse each article of the Convention on the Rights of the Child, along with its Optional Protocols, providing contextualised information on the interpretation and implementation of the children's rights provisions therein. A detailed introduction examines the history of the Convention and places it within the wider landscape of human rights and other disciplinary approaches such as the sociology of childhood. The Commentary critically engages with the text of the Convention, exploring commonly used concepts and defining pertinent terminology. The authors draw on multiple perspectives and refer to disciplines outside of law to enrich the analysis of the articles, their interpretation and the study of children's rights as a discipline. Featuring examples of case law from regional human rights systems this Commentary provides a well-rounded insight into the status of children's rights on a global scale. Written in an accessible style, this Commentary will be a valuable reference work for students, researchers, practitioners and policymakers alike. The Commentary will be of great interest to those working within children's rights law and human rights law. Researchers in politics, sociology and international studies who are seeking further information and insight on the rights of children will also find this Commentary to be a useful point of reference.

Full Product Details

Author:   Wouter Vandenhole ,  Gamze Erdem Türkelli ,  Sara Lembrechts
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781800888371

ISBN 10:   1800888376
Pages:   560
Publication Date:   18 May 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

CONTENTS: Foreword Introduction: Three decades of children’s rights law 1 Article 1: Scope of application 48 Article 2: Non-discrimination 52 Article 3: Best interests of the child 59 Article 4: General obligation 74 Article 5: Appropriate direction and guidance consistent with the child’s evolving capacities 80 Article 6: The right to life, survival and development 88 Article 7: Name and nationality 100 Article 8: Preservation of identity 108 Article 9: Separation from parents 112 Article 10: Family reunification 124 Article 11: Illicit transfer and non-return of children 134 Article 12: The views of the child 143 Article 13: Freedom of expression 160 Article 14: Freedom of thought, conscience and religion 167 Article 15: Freedom of association and peaceful assembly 174 Article 16: The right to privacy 184 Article 17: Access to appropriate information through media 194 Article 18: Common responsibilities of parents for the upbringing and development of the child 203 Article 19: Protection from all forms of violence 209 Article 20: Children deprived of their family environment 222 Article 21: Adoption 228 Article 22: Asylum seeking and refugee children 236 Article 23: Children with disabilities 247 Article 24: Right to health 254 Article 25: Periodic review of placement 274 Article 26: Social security 276 Article 27: Adequate standard of living 281 Article 28: Right to education 288 Article 29: Aims of education 299 Article 30: Rights of children from minorities and indigenous origin 303 Article 31: Rest, leisure and play 312 Article 32: Protection from economic exploitation 320 Article 33: Protection from drugs 327 Article 34: Protection from sexual exploitation and abuse 334 Article 35: Prevention of abduction, sale and trafficking 343 Article 36: Protection against all other forms of exploitation 352 Article 37: Deprivation of liberty, prohibition of torture, degrading and inhuman treatment and of capital punishment and life imprisonment 355 Article 38: Children in armed conflict 369 Article 39: Recovery and reintegration of child victims 376 Article 40: Children’s rights in justice systems 383 Article 41: Respect for higher standards 397 Article 42: Dissemination 399 Article 43: The Committee on the Rights of the Child 404 Article 44: Reporting procedure 409 Article 45: Implementation and international cooperation 413 Articles 46–54: Final clauses: signature, ratification, accession, entry into force, amendments, reservations, denunciations 417 Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) 424 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography 437 Optional Protocol on a Communications Procedure (OPIC) 456 Index 483

Reviews

'The book offers an extensive analysis of the substantive and procedural provisions of the Convention on the Rights of the Child and its three Optional Protocols. The commentary is a timely contribution to the growing field of children's rights from a doctrinal legal perspective. It is strongly recommended to those who are willing to learn more about children's rights law from the international human rights law perspective. It can serve as a practical guide for those who have no or limited specialisation in international children's rights law. At the same time, it contributes significantly to children's rights experts, allowing them to access the most recent case law and legal developments.' -- Betul Durmus, European Yearbook on Human Rights 'This book provides an accessible and insightful guide to the Convention on the Rights of the Child and its Optional Protocols. It offers an important introduction to children's rights-examining theoretical debates, implementation challenges, and opportunities for advancing children's rights. It also will serve as a valuable resource for scholars and practitioners, with its in-depth analysis of each article of the CRC and discussion of the Optional Protocols.' -- Jonathan Todres, Georgia State University, US 'The authors provide a thoroughly researched and very user-friendly guide through the Convention on the Rights of the Child, highlighting the many intersections with other human rights instruments. This volume is destined to become the reference in the field for years to come.' -- Olivier De Schutter, former UN Special Rapporteur on the right to food (2008-2014) and Member of the Committee on Economic, Social and Cultural Rights

'The book offers an extensive analysis of the substantive and procedural provisions of the Convention on the Rights of the Child and its three Optional Protocols. The commentary is a timely contribution to the growing field of children's rights from a doctrinal legal perspective. It is strongly recommended to those who are willing to learn more about children's rights law from the international human rights law perspective. It can serve as a practical guide for those who have no or limited specialisation in international children's rights law. At the same time, it contributes significantly to children's rights experts, allowing them to access the most recent case law and legal developments.' - Betul Durmus, European Yearbook on Human Rights 'This book provides an accessible and insightful guide to the Convention on the Rights of the Child and its Optional Protocols. It offers an important introduction to children's rights--examining theoretical debates, implementation challenges, and opportunities for advancing children's rights. It also will serve as a valuable resource for scholars and practitioners, with its in-depth analysis of each article of the CRC and discussion of the Optional Protocols.' --Jonathan Todres, Georgia State University, US 'The authors provide a thoroughly researched and very user-friendly guide through the Convention on the Rights of the Child, highlighting the many intersections with other human rights instruments. This volume is destined to become the reference in the field for years to come.' --Olivier De Schutter, former UN Special Rapporteur on the right to food (2008-2014) and Member of the Committee on Economic, Social and Cultural Rights

'This book provides an accessible and insightful guide to the Convention on the Rights of the Child and its Optional Protocols. It offers an important introduction to children's rights-examining theoretical debates, implementation challenges, and opportunities for advancing children's rights. It also will serve as a valuable resource for scholars and practitioners, with its in-depth analysis of each article of the CRC and discussion of the Optional Protocols.' -- Jonathan Todres, Georgia State University, US 'The authors provide a thoroughly researched and very user-friendly guide through the Convention on the Rights of the Child, highlighting the many intersections with other human rights instruments. This volume is destined to become the reference in the field for years to come.' -- Olivier De Schutter, former UN Special Rapporteur on the right to food (2008-2014) and Member of the Committee on Economic, Social and Cultural Rights

Author Information

Wouter Vandenhole, Full Professor of Human Rights Law, Law and Development Research Group, University of Antwerp, Belgium, Gamze Erdem Türkelli, Research Assistant Professor in International Law, Human Rights and Sustainable Development, Law and Development Research Group, University of Antwerp and Sara Lembrechts, PhD researcher, Migration Law Research Group, Ghent University, Belgium

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