The United Nations Convention on the Rights of the Child: An Analysis of Treaty Provisions and Implications of U.S. Ratification

This in-depth text goes beyond the rhetoric of the debate on children’s rights and the Convention on the Rights of the Child, in particular, to provide a detailed examination of the impact that U.S. ratification of the Convention would have on U.S. law. The chapters have been written by leading children’s advocates and scholars with a general audience in mind, as the authors believe that it is important for all Americans to become informed about the Convention and about children’s rights in general. With a greater understanding of the substance of the Convention and children’s rights, readers will be better positioned to determine what the real issues are, what is simply rhetoric without any basis in fact or law, and how they can address the real issues in an effective manner in order to provide a better world for all children.

The book is divided broadly-speaking into two sections. The first part of the book provides an introduction to the Convention, examines the key issues of debate with respect to U.S. ratification, and explores many of the overarching themes that arise in the context of U.S. consideration of the Convention, or any other international instrument for that matter. The remainder of the book is dedicated to more in-depth examinations of various provisions of the Convention, with a view to determining the impact of U.S. ratification of the Convention with respect to those issues in particular.

Published under the Transnational Publishers imprint.
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Biographical Note

Jonathan Todres is an Acting Assistant Professor at New York University School of Law. He is also an Adjunct Professor of Law at the Benjamin N. Cardozo School of Law, Yeshiva University, where he teaches courses on children’s rights and health law. Professor Todres serves as Co-Chair of the Subcommittee on the Rights of the Child of the American Bar Association’s Section of International Law, Chair of the Section’s International Health Law Committee, and Vice-Chair of the Section’s International Human Rights Committee.
Mark E. Wojcik is a Professor of Law and Director of the Global Legal Studies program at The John Marshall Law School in Chicago, where his courses include Public International Law and International Human Rights Law. He previously served as Co-Chair of the International Human Rights Committee of the American Bar Association Section of International Law.
Cris R. Revaz is Of Counsel with King and Spalding, LLP in Washington, D.C. He is co-chair of the Subcommittee on the Rights of the Child of the American Bar Association’s Section of International Law, and previously served as Co-Chair of the Section’s International Human Rights Committee. Mr. Revaz is a board member or advisor to several non-profits focusing on child rights, protection and adoption.

Table of contents

Contributors; List of Abbreviations; PART I; Chapter 1: Overview, Jonathan Todres, Mark E. Wojcik & Cris R. Revaz; Chapter 2: An Introduction to the U.N. Convention on the Rights of the Child, Cris R. Revaz; Chapter 3: Analyzing the Opposition to U.S. ratification of the U.N. Convention on the Rights of the Child, Jonathan Todres; Chapter 4: The Effect of U.S. Ratification as a “Self-Executing” or as a “Non-Self-Executing” Treaty, Linda A. Malone; Chapter 5: The Family-Supportive Nature of the U.N. Convention on the Rights of the Child, Barbara Bennett Woodhouse; Chapter 6: The Changing Status of the Child, Barbara Bennett Woodhouse; Chapter 7: Beyond Other Treaties: The U.N. Convention on the Rights of the Child and the Value of a “Dedicated Line”, Merle H. Weiner; Chapter 8: U.S. Ratification of the U.N. Convention on the Rights of the Child: Federalism Issues, Cathy L. Nelson; PART II; Chapter 9: Anti-Discrimination Guarantees Under the U.N. Convention on the Rights of the Child—Issues and Impact for U.S. Ratification, Daniel L. Skoler; Chapter 10: Article 3(1): The Best Interests of the Child, Elizabeth Mason; Chapter 11: The Right of the Child to Be Heard, Christine M. Szaj; Chapter 12: Freedom of Expression, Martha Matthews; Chapter 13: Freedom of Thought, Conscience, and Religion, Greg Lantier; Chapter 14: What the U.N. Convention on the Rights of the Child Says (and Doesn’t Say) About Abortion and Family Planning, Jonathan Todres & Louise N. Howe; Chapter 15: Children’s Right of Access to Information, Siyeon Lee; Chapter 16: Children’s Rights to Freedom of Association, Assembly, and Privacy, Rebekah Tosado; Chapter 17: The U.N. Convention on the Rights of the Child and Corporal Punishment, Michael Pates; Chapter 18: Provisions for Alternative Care for Children Deprived of Their Family Environment, Maya Grosz; Chapter 19: The Right to Health under the U.N. Convention on the Rights of the Child, Jonathan Todres; Chapter 20: Children’s Right to an Adequate Standard of Living, Catherine S. Taylor; Chapter 21: State Education Law Compared to Rights under the U.N. Convention on the Rights of the Child, Anna Dolinsky; Chapter 22: The Child’s Right to Play, Rest, Recreation, and Cultural Activities, Lori Hall Armstrong; Chapter 23: Child Labor and the U.N. Convention on the Rights of the Child, Elizabeth Mason; Chapter 24: Capital Punishment and Life Sentences for Juvenile Offenders, Evelynn Brown Remple & Mark E. Wojcik; Chapter 25: The Optional Protocols to the U.N. Convention on the Rights of the Child and the Impact of U.S. Ratification, Cris R. Revaz & Jonathan Todres; Appendices; Index.

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