Children Defending Their Human Rights Under the CRC Communications Procedure: On Strengthening the Convention on the Rights of the Child Complaints Mechanism

Human Rights

Children Defending Their Human Rights Under the CRC Communications Procedure: On Strengthening the Convention on the Rights of the Child Complaints Mechanism

By Sonja C. Grover
Springer-Verlag November 2014

Specifications

ISBN-13
9783662444429
Publisher
Springer-Verlag
Publication
November 2014
Format
Hardback
Jurisdiction
Germany ? Countri(es) for reference only

Details

This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children's Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered.

Actual cases concerning children's fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

Table of Contents

Part I: Introduction to the Third Optional Protocol to the Convention on the Rights of the Child concerning a communications procedure: The Convention on the Rights of the Child Communication/ Complaints Procedure and the Convention General Implementation Articles

Part II: Selected Weaknesses of the Convention on the Rights of the Child Optional Protocol on a Communications Procedure: The Inadmissibility of Collective Communications Under the OP3-CRC
Reliance on the Best Interests of the Child Principle
The Failure to Allow Communications Involving Jus Cogens Violations Where the Complaint is Against State Non-Parties to the OP3-CRC (Even if a State Party to the CRC and/or One or Both of the First Two Protocols to the CRC)
Inter-State Communications under the OP3-CRC and the Requirement for an Opt In Declaration by the State Party
Children's Age and Adjudged Maturity vs. Legal Principle as Factors in Taking Children's Views into Account in OP3-CRC Decision-Making
Weaknesses in the OP3-CRC Provisions Regarding Inquiries, Friendly Settlements and Follow-Up
Communications Concerning Violations of Children's Economic, Social, or Cultural Rights
Potential Obstacles Under OP3-CRC to Redress for Violation of Social and Cultural Rights: Case Examples Involving Indigenous Children
Concluding Remarks and Summary.
HKD 1,196.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Human Rights

View all
Freedom From Religion
Oxford University Press USA

Freedom From Religion

Amos Guiora
HKD 436.50
The African Charter on Human and Peoples' Rights
Cambridge University Press

The African Charter on Human and Peoples' Rights

Malcolm Evans; Rachel Murray
HKD 642.98
The Sir Thomas More Lectures 2012-2017: Lincoln's Inn Lectures on European Law and Human Rights
Wildy, Simmonds and Hill Publishing

The Sir Thomas More Lectures 2012-2017: Lincoln's Inn Lectures on European Law and Human Rights

Michael-James Clifton
The Legal Status of Transsexual and Transgender Persons
Intersentia Publishers

The Legal Status of Transsexual and Transgender Persons

Jens M. Scherpe
HKD 1,130.50
Building a Treaty on Business and Human Rights: Context and Contours
Cambridge University Press

Building a Treaty on Business and Human Rights: Context and Contours

Surya Deva; David Bilchitz
HKD 2,118.48
Women's Rights in Liberal States: Patriarchy, Liberalism, Religion and the Chimera of Rights
Cambridge University Press

Women's Rights in Liberal States: Patriarchy, Liberalism, Religion and the Chimera of Rights

Gila Stopler
HKD 389.94