Constitutionalisation Of Childrens Rights
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Author | : Trude Haugli |
Publisher | : Brill Nijhoff |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Children |
ISBN | : 9789004382800 |
This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.
Author | : Trude Haugli |
Publisher | : BRILL |
Total Pages | : 440 |
Release | : 2019-12-02 |
Genre | : Law |
ISBN | : 900438281X |
The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.
Author | : Claire Fenton-Glynn |
Publisher | : Cambridge University Press |
Total Pages | : 425 |
Release | : 2019-04-18 |
Genre | : Business & Economics |
ISBN | : 1107193028 |
Considers how to implement children's rights in the twenty-first century through a child rights-based approach to sustainable development.
Author | : Ursula Kilkelly |
Publisher | : Routledge |
Total Pages | : 645 |
Release | : 2017-07-05 |
Genre | : History |
ISBN | : 1351572083 |
The articles in this volume shed light on some of the major tensions in the field of children‘s rights (such as the ways in which children‘s best interests and respect for their autonomy can be reconciled), challenges (such as how the CRC can be made a reality in the lives of children in the face of ignorance, apathy or outright opposition) and critiques (whether children‘s rights are a Western imposition or a successful global consensus). Along the way, the writing covers a myriad of issues, encompassing the opposition to the CRC in the US; gay parenting: Dr Seuss‘s take on children‘s autonomy; the voice of neonates on their health care; the role of NGO in supporting child labourers in India, and young people in detention and more.
Author | : Sujit Choudhry |
Publisher | : Oxford University Press |
Total Pages | : 1328 |
Release | : 2016-05-03 |
Genre | : Law |
ISBN | : 0191058629 |
The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.
Author | : Julia Sloth-Nielsen |
Publisher | : Intersentia |
Total Pages | : 321 |
Release | : 2020-12-31 |
Genre | : |
ISBN | : 9781780689678 |
This book looks at the domestication of children?s rights through the means of constitutionalisation. Landmark judgments from constitutional courts from across the globe have risen to prominence; for example, the constitutional courts of Indonesia and Zimbabwe outlawing child marriage and the constitutional court of Columbia on the assignment of a gender to an intersex born child, to name a few. Further, the CRC Committee continues to recommend State parties to consider enshrining children?s legal rights at the apex level of law, and there is some interest in, for instance, Germany, in pursuing such an approach. 00An explicit reference to children?s rights in national constitutions may prevail in cases of conflict and it can provide binding standards for legislative, policy, and regulatory measures. Since the adoption of the CRC thirty years ago, a growing body of jurisprudence in domestic courts has served to illuminate the corresponding challenges and limitations.00Constitutionalised, children?s rights become an important frame of reference for the formulation and implementation of legislation and strengthen children?s standing before the courts. However, many leading constitutional developments remain inaccessible due to language barriers. 'Constitutionalisation of Children?s Rights' is a first effort to make developments and case law more accessible.
Author | : A. Reis Monteiro |
Publisher | : BRILL |
Total Pages | : 817 |
Release | : 2021-07-19 |
Genre | : Education |
ISBN | : 9004462465 |
In Revolution of the Right to Education, A. Reis Monteiro offers an interdisciplinary and topical introduction to the International Education Law, broadly defined, striving to explain why the normative integrity of the right to education carries far-reaching revolutionary significance.
Author | : Gunther Teubner |
Publisher | : Oxford University Press |
Total Pages | : 226 |
Release | : 2012-03 |
Genre | : Law |
ISBN | : 0199644675 |
The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.
Author | : Ton Liefaard |
Publisher | : BRILL |
Total Pages | : 964 |
Release | : 2016-11-01 |
Genre | : Law |
ISBN | : 9004295054 |
In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.
Author | : Anneli Albi |
Publisher | : Springer |
Total Pages | : 1522 |
Release | : 2019-05-29 |
Genre | : Law |
ISBN | : 9462652732 |
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.