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United Nations Convention on the Rights of the Child: Article-by-Article Commentary

United Nations Convention on the Rights of the Child: Article-by-Article Commentary

Author: Stefanie Schmahl
Publisher: Hart Publishing
ISBN: 9781509954452
Published In: June 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This commentary examines the UN Convention on the Rights of the Child and its 3 additional protocols by providing a detailed commentary on each of its articles. It pays particular attention to the General Comments, the Concluding Observations and the views of the UN Committee on the Rights of the Child. The strengthening of children's rights through the UN Convention and its 3 protocols influences general human rights protection at a universal and regional level. The provisions of the UN Convention also impact the national legal system, making this book required reading for international human rights lawyers.

Introduction into the Convention on the Rights of the Child

Article-by-Article Commentary to the Convention on the Rights of the Child, Including Its Optional Protocols

Preamble

Article 1 [Definition]

Article 2 [Nature of State Obligations; Prohibition of Discrimination; Obligation to Protect]

Article 3 [Guarantee of the Best Interests of the Child]

Article 4 [Legal Implementation]

Article 5 [Parental and Family Rights]

Article 6 [Right to Life]

Article 7 [Identity Rights of the Child]

Article 8 [States' Duty to Protect the Identity of the Child]

Article 9 [Separation from Parents]

Article 10 [Family Reunification]

Article 11 [International Child Abduction]

Article 12 [Right to Express Views; Right to a Fair Hearing]

Article 13 [Freedom of Expression and Freedom of Information]

Article 14 [Freedom of Thought, Conscience and Religion]

Article 15 [Freedom of Association and Freedom of Peaceful Assembly]

Article 16 [Right to Privacy]

Article 17 [Access to Information; Mass Media]

Article 18 [Upbringing by the Parents]

Article 19 [Protection from all Forms of Violence]

Article 20 [Extra-Familial Care]

Article 21 [Adoption]

Article 22 [Children as Refugees]

Article 23 [Care of Children with Disabilities]

Article 24 [Protection of Health]

Article 25 [Placement]

Article 26 [Social Security]

Article 27 [Development of the Child]

Article 28 [Right to Education]

Article 29 [Educational Goals]

Article 30 [Cultural Identity]

Article 31 [Leisure and Recreational Activities]

Introduction to Articles 32-36

Article 32 [Protection from Economic Exploitation]

Article 33 [Protection from Narcotic Drugs]

Article 34 [Protection from Sexual Abuse]

Article 35 [Measures against Child Trafficking]

Article 36 [Protection Against All Other Forms of Exploitation]

Article 37 [Protection from Torture, the Death Penalty and Life Imprisonment, Guarantees by Imprisonment]

Article 38 [International Humanitarian Law]

Article 39 [Rehabilitation Measures]

Article 40 [Children in Criminal Law and Criminal Proceedings]

Article 41 [Other Protective Provisions]

Article 42 [Publication Obligation]

Article 43 [Committee on the Rights of the Child]

Article 44 and 45 [State Reporting Procedure]

Articles 46 to 54 [Concluding Provisions]

Overview of the Individual Communications Procedure

(Articles 5 to 11 of the Third Optional Protocol to the Convention on the Rights of the Child)

Annex

A. OPAC

B. OPSC

C. OPIC

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