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Child-friendly Justice

A Quarter of a Century of the UN Convention on the Rights of the Child

Series:

Edited by Said Mahmoudi, Pernilla Leviner, Anna Kaldal and Katrin Lainpelto

Child-friendly Justice assesses how the UN Convention on the Rights of the Child has affected the development of child law and the promotion of children’s rights in the past twenty-five years. Its 24 studies probe a broad variety of issues relating to children’ s contact with civil, administrative and criminal justice systems, the protection of child integrity and their right to participation, information and proper representation.

The contributors - all experts on child-related matters - represent international organisations, academia and NGOs. They provide a clear picture of the origins of the current problems in realising child-friendly justice, and they discuss possible solutions.

The International Law of Youth Rights

Second Revised Edition

Edited by Jorge Cardona, Giuseppe Porcaro, Jaakko Weuro and Giorgio Zecca

In 1996 William Angel launched a unique, pioneering study tracing the origin, growth and basic features of the international law of youth rights. It consisted of both source documents and commentary on the historical trends to elaborate and codify international instruments and standards in this field, as well as action taken by governmental, intergovernmental, and non-governmental organizations to promote and protect youth rights. It concluded with a call for a new international instrument and monitoring machinery to better promote and protect the rights of youth on a global basis.
The aim of the current revised, updated and expanded edition of this ground-breaking work is twofold. First, to preserve and update the landmark historical research undertaken by William Angel and present it to today’s audience. Second, to introduce up-to-date analysis of the state of the International Law of Youth Rights and to provide an easy-to-use compilation of sources of law for researchers and practitioners active in this field. This important collection will provide a roadmap for readers to finding the various sources of the International Law of Youth Rights and a reference point for the most relevant legal documents in force. It aims to spark further legal, political and sociological research in the academic field, as well as support even stronger advocacy actions to further the rights of young people.

Two volume set.

Unity in Connectivity?

Evolving Human Rights Mechanisms in the ASEAN Region

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Vitit Muntarbhorn

In Unity in Connectivity? Evolving Human Rights Mechanisms in the ASEAN Region, Vitit Muntarbhorn discusses developments concerning the growth of human rights institutions and processes in the regional space known as the Association of Southeast Asian Nations (ASEAN). Several countries have now set up national human rights commissions.

At the regional level, the ASEAN Intergovernmental Commission on Human Rights was established recently. This is complemented by a sectoral body dealing with women’s and children’s rights, and another body dealing with migrant workers. Vitit Muntarbhorn analyses these developments from the angle of key challenges facing the region, the need for more checks and balances, and prospects for more effective protection of human rights.

This publication has been facilitated by the Ateneo Human Rights Centre of Ateneo de Manila University, the Philippines.

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Lee Swepston

This volume constitutes a commentary on Article 32 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.

Series:

Mónica Feria Tinta

This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.

Series:

Asbjørn Eide

This volume constitutes a commentary on Article 27 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.

Susan Bitensky

The core of this book is a detailed analysis of the status of corporal punishment of children, including Areasonable spankings by parents, under international human rights law. The analysis leads compellingly to the conclusion that such punishment is indeed a human rights violation, consonant with modern norms about right and decent treatment of juveniles.
The book further provides a comparative analysis between the domestic laws of the seventeen nations that ban all corporal punishment of children (Sweden, Finland, Norway, Austria, Cyprus, Denmark, Germany, Iceland, Bulgaria, Croatia, Latvia, Hungary, Romania, Ukraine, Israel, Italy, and Portugal) and examples of the domestic laws in the countries that still permit some physical chastisement of children (United States and Canada).
Because it is anticipated that a good number of readers will be surprised to learn that this disciplinary practice has become a human rights law violation, the book also engages in an in-depth exegesis of the psychological evidence and historical and philosophical reasons warranting prohibition of all corporal punishment of children as an imperative policy choice. The work probes as well why, once that choice is made, it is essential to use legal bans on the punishment inasmuch as they have uniquely effective pedagogical and therapeutic roles and give some permanence to humanity’s hard won understanding about protecting the young from violence.

Published under the Transnational Publishers imprint.

Series:

Eva Brems

This volume constitutes a commentary on Article 14 of the United Nations Convention on the Rights of the Child, guaranteeing the right to freedom of thought, conscience and religion. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.

Series:

Mieke Verheyde

This volume constitutes a commentary on Article 28 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.

Rendering Justice to the Vulnerable

Liber Amicorum in Honour of Theo van Boven

Edited by Fons Coomans, Fred Grünfeld, Ingrid Westendorp and Jan Willems

Those involved in human rights, whether on a theoretical or a practical level, sometimes cannot help feeling that they are dancing on a tightrope stretched between two high trees above a deep ravine. On one side of the ravine, a jungle stretches out as far as the eye can see; a jungle which is ruled by the laws of the fittest; laws that have no regard for justice and vulnerability. On the other side of the ravine, justice has, in the course of time, changed the laws of the jungle into laws which include and protect vulnerable individuals in society.
In this second volume in celebration of Theo van Boven's 65th birthday, a number of Theo's friends try to come to grips with the tension between the `jungle of exclusion' and the `ideal of inclusion', in the full knowledge that Theo has preceded them in a great deal of pioneering work.
The volume opens with an interview with Theo van Boven. Topics covered in the present volume include ( inter alia): pre-20th century bills or rights, Mandelstam as forgotten pioneer of human rights, racial and gender discrimination, the rights of the child and child abuse, the right to reparation, the role of bystanders, globalization of economic power, economic and social rights and the European Union, tobacco use as a human rights issue, illegally obtained evidence, human rights policies, cultural diversity, human rights funding, the African human rights system, follow-up action to state reporting, character of the views of the Human Rights Committee, the Human Rights Committee and gender mainstreaming, the UN Commission on Human Rights, and the International Criminal Court.