Family Law Law

The UN Convention on the Rights of the Child and Domestic Courts

By Meda Couzens
Cambridge University Press January 2025

Specifications

ISBN-13
9781108833714
Publisher
Cambridge University Press
Publication
January 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This important contribution to children's rights scholarship brings fresh eyes to the complicated relationship between domestic law and international law in the practice of domestic courts. Through a critical assessment of the judicial application of the Convention on the Rights of the Child in four jurisdictions (Australia, France, South Africa and the United Kingdom), the book demonstrates that the traditional rules of reception remain an essential starting point in understanding how national courts apply the Convention but are unable to explain all forms of judicial engagement therewith.

The book shows that regardless of the legal system (monist, dualist, hybrid), courts can apply the Convention meaningfully especially when the domestic structure of reception converges with it. The comparative international law perspective used in the book and the heterogenous sample of jurisdictions analysed enabled the author to distil insights valid for other jurisdictions.

Table of Contents

1. Introduction
2. The CRC and the courts: international and domestic perspectives
3. France
4. Australia
5. South Africa
6. The United Kingdom
7. The judicial application of the CRC: from formal reception to legal effect
8. Looking to the future of judicial application of the CRC
Bibliography
Index
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