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Katherine Hunt Federle

The un Convention on the Rights of the Child guarantees every child found to be in violation of the penal law a right to appeal from the finding and measures imposed to a higher and impartial authority or judicial body. Nevertheless, this provision garnered a number of reservations, many of which are still in force. This paper examines not only those countries that still refuse to recognise the right but also examines data suggesting that the right to appeal may be illusory even when no declaration or reservation was made. The paper argues for a change in the requirements for reporting information to the Committee on the Rights of the Child, whilst also making some suggestions to guarantee the right on the national level.

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Katherine Hunt Federle

In the United States, the debate about whether children have rights continues to rage, in no small measure due to the absence of any framing document that recognises children as rights holders. Within Anglo-American traditions, competence is a prerequisite to having and exercising rights, largely because of notions surrounding social compact theory. Thus children are excluded from the class of rights holders because they lack competency. The tension between a conception of the rights holder as an autonomous and capable individual free from governmental regulation and a strong notion of the welfare state suggests that a system of rights which acknowledges remediation of insecurity and inequality as a vital governmental obligation is essential to the well-being of all vulnerable populations, including children. That system of rights, grounded in notions of empowerment, continues to offer a way forward for children.

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Katherine Hunt Federle

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Katherine Hunt Federle

Restricted Access

Katherine Hunt Federle

Restricted Access

Katherine Hunt Federle