Incorporation in law is recognised as key to the implementation of the UNCRC. This article considers the ways in which a variety of countries have chosen to incorporate the CRC, drawing on a study conducted by the authors for UNICEF-UK. It categorises the different approaches adopted into examples of direct incorporation (where the CRC forms part of domestic law) and indirect incorporation (where there are legal obligations which encourage its incorporation); and full incorporation (where the CRC has been wholly incorporated in law) and partial incorporation (where elements of the CRC have been incorporated). Drawing on evidence and interviews conducted during field visits in six of the countries studied, it concludes that children’s rights are better protected – at least in law if not also in practice – in countries that have given legal status to the CRC in a systematic way and have followed this up by establishing the necessary systems to support, monitor and enforce the implementation of CRC rights.
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Prior, L. (2003) Using documents as social research, London: Sage.
See the Children Act 2001, as amended (Ireland); and Organic Law No. 5/2000, Organic Law on Minors’ Criminal Responsibility (Spain). See also the ACT Children and Young People Act 2008 (Australia).
Skjørten and Barlindhaug (2007) The involvement of children in decisions about shared residence International Journal of Law, Policy and the Family 21, 373–385. However, in only 17 out of a total of 129 cases were the child’s wishes the main reason, or one of a number of reasons, for the outcome. In cases where the child’s wishes were the main reason for the decision, the child was nine years old or older.
United Nations (2003) General Comment No.5. supra n.6 at para. 48.
United Nations (2003) General Comment No.5, supra . 6 at para. 53.
See, for example, Alderson, P. (1999) Civil rights in schools: The implications for youth policy. Youth and Policy 64: 56-72; Covell, K. & Howe, B. (1999). The impact of children’s rights education: A Canadian Study. International Journal of Children’s Rights 7(2):171–183; Howe, R. B., & Covell, K. (2005). Empowering Children: Children’s Rights Education as a Pathway to Citizenship. Toronto: University of Toronto Press.
United Nations (2003) General Comment No.5 supra n. 6 at para. 33.
Lundy, Kilkelly, Byrne and Kang (2012), pp.39 and 61.
Human Rights Branch (2010) Australia’s Human Rights Framework, Attorney-General’s Department: Commonwealth of Australia.
United Nations (2003) General Comment No.5, supra n.6 at para. 18.
United Nations (2002) General Comment No.2: The role of independent national human rights institutions in the promotion and protection of the rights of the child, Geneva: UN, CRC/GC/2002/2 at para. 1.
United Nations (2002) General Comment No.2 supra n. 54 at para. 6.
United Nations (2002) General Comment No.2, supra n. 54 at para. 25.
Save the Children (2011) Governance Fit for Children: To what extent have the general measures of implementation of the UNCRC been realised in five European Countries? Stockholm: Save the Children.
United Nations (2003) General Comment 5, supra n.6 at para. 28
United Nations (2003) General Comment 5, supra n. 6 at para. 32.
A Canada Fit for Children (2004).
United Nations (2003) General Comment 5, supra n.6 at para. 48.
United Nations (2003) General Comment 5, supra n. 6 at para. 29.
Landman, T. (2005) Protecting Human Rights: A Compara.tive Study, Washington D.C: Georgetown University Press, p.5.
Carvalho, E. (2008) Measuring Children’s Rights: An Alternative Approach, International Journal of Children’s Rights, 16, pp. 545-563, p. 545.
Government of Spain (2011) Childhood in Figures 2009, Universidad Complutense Madrid, Madrid, http://bit.ly/UEltsy, last accessed 27 March 2013.
Goodman R. & Jinks, D. (2004) How to influence states: socialisation and international human rights law, Duke Law Journal 54(3) 621-702.
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Incorporation in law is recognised as key to the implementation of the UNCRC. This article considers the ways in which a variety of countries have chosen to incorporate the CRC, drawing on a study conducted by the authors for UNICEF-UK. It categorises the different approaches adopted into examples of direct incorporation (where the CRC forms part of domestic law) and indirect incorporation (where there are legal obligations which encourage its incorporation); and full incorporation (where the CRC has been wholly incorporated in law) and partial incorporation (where elements of the CRC have been incorporated). Drawing on evidence and interviews conducted during field visits in six of the countries studied, it concludes that children’s rights are better protected – at least in law if not also in practice – in countries that have given legal status to the CRC in a systematic way and have followed this up by establishing the necessary systems to support, monitor and enforce the implementation of CRC rights.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 4612 | 1445 | 149 |
Full Text Views | 1293 | 121 | 4 |
PDF Views & Downloads | 1768 | 270 | 11 |