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Edward Elgar Publishing
Children's Rights: A Commentary on the Convention on the Rights of the Child and its Protocols

Children's Rights: A Commentary on the Convention on the Rights of the Child and its Protocols


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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.

Product Details

ISBN-13: 9781786433121
Publisher: Edward Elgar Publishing
Publication date: 11/19/2019
Series: Elgar Commentaries Series
Pages: 560
Product dimensions: 6.62(w) x 9.62(h) x (d)

About the Author

Wouter Vandenhole, Professor of Human Rights and Children's Rights, Law and Development Research Group, University of Antwerp, Gamze Erdem Türkelli, Post-Doctoral Fellow, Research Foundation Flanders (FWO) No: 12Q1719N, Law and Development Research Group, University of Antwerp and Sara Lembrechts, Children's Rights Knowledge (KeKi), Belgium and a member of the Personal Rights and Property Rights Research Group, University of Antwerp, Belgium

Table of Contents



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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