Children's rights : a commentary on the convention on the rights of the child and its protocols

著者

書誌事項

Children's rights : a commentary on the convention on the rights of the child and its protocols

Wouter Vandenhole, Gamze Erdem Türkelli, Sara Lembrechts

（Elgar commentaries）

E. Elgar, c2019

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

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

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