The protection of children's human rights in Europe. The jurisdiction of the European Court on corporal punishment and abuse of children in the United Kingdom

The protection of children's human rights in Europe. The jurisdiction of the European Court on corporal punishment and abuse of children in the United Kingdom
Author: Gabriel Vockel
Publisher: GRIN Verlag
Total Pages: 64
Release: 2007-01-07
Genre: Law
ISBN: 363858450X

Master's Thesis from the year 2005 in the subject Law - European and International Law, Intellectual Properties, grade: Merit, 68%, University of Warwick (Coventry Business School), course: Module Human Rights in Europe, language: English, abstract: The analysis undertaken in this dissertation gives attention to three core foci of examination. The first two are international legal documents used in the protection of human rights: The United Nations Convention on the Rights of the Child (CRC) from 1989 and the European Convention on Human Rights and Fundamental Freedoms (ECHR) from 1950. The third focal point consists of an investigation into a specific area of jurisprudence of the European Court of Human Rights (the Court) regarding the protection of human rights of children: the phenomenon of the corporal punishment and abuse of children in the UK. This selection of verdicts of the European Court aims at portraying how the ECHR impacts on the child’s human rights in practice and how well the work of the European Court reflects the values enshrined in the CRC and also gain an understanding of how the two conventional systems might impact on the other. The third chapter investigates verdicts of the Court that have dealt with cases that derive from institutional settings (judicial corporal punishment and punishment in public schools). The fourth chapter will observe private settings, where cases of corporally punished children relate to the private sphere (e.g. punishment through parents). Beside, it is intended to give a short outlook on two selected cases where a matter of more general abuse of children was under judicial scrutiny. The dissertation concludes that both the CRC and the ECHR are characterised by a number of more or less serious flaws and drawbacks in relation to the protection of children’s human rights. The narrow textual scope of the ECHR and the significant weaknesses of the CRC regarding its implementation mechanism are two prominent examples. The paper suggests that in Europe, the trend of maximising the potential of the European Convention by combining the widely accepted, detailed standards on children’s rights set out in the UN Convention with the highly successful and influential system of individual petition and implementation should find its continuation and be strengthened even further.

Child Rights in Europe

Child Rights in Europe
Author: Geraldine Van Bueren
Publisher: Council of Europe
Total Pages: 214
Release: 2007-01-01
Genre: Social Science
ISBN: 9789287162694

This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description

Eliminating Corporal Punishment

Eliminating Corporal Punishment
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 136
Release: 2007-01-01
Genre: Law
ISBN: 9287161828

Features on cover - Monograph 1: Building a Europe for and with children.

The Protection of Children's Human Rights in Europe

The Protection of Children's Human Rights in Europe
Author: Gabriel Vockel
Publisher: VDM Publishing
Total Pages: 58
Release: 2007
Genre: Law
ISBN: 9783836409933

This book examines three core foci of interest of both practitioners as well as academics in the area of the protection of human rights of children. The first two are the international legal documents of the UN Convention on the Rights of the Child (CRe and the European Convention on Human Rights and Fundamental Freedoms (ECHR). The third focal point consists of an investigation into a specific area of jurisprudence of the European Court of Human Rights regarding the protection of human rights of children: the phenomenon of the corporal punishment and abuse of children in the UK. The analysis concludes that both the CRC and the ECHR are characterised by various flaws and drawbacks in relation to the protection of children's human rights. The narrow textual scope of the ECHR and the significant weaknesses of the CRC regarding its implementation mechanism are two prominent examples. The paper suggests that in Europe, the trend of maximising the potential of the ECHR by combining the widely accepted, detailed standards on children's rights set out in the UN Convention with the highly successful system of individual petition and implementation should be strengthened further.

Eliminating Corporal Punishment

Eliminating Corporal Punishment
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 222
Release: 2005-01-01
Genre: Social Science
ISBN: 9287158827

This handbook was launched on 24 November 2005 on the occasion of a seminar organised in Athens by the Greek Network for the prevention and combating of corporal punishment of children with the cooperation of the Council of Europe. The aim of the book is to highlight the human rights obligation of European countries to end corporal punishment of children. It presents the main international legal instruments available in this field as well as the situation in Council of Europe member states.

The Child and the European Convention on Human Rights

The Child and the European Convention on Human Rights
Author: Ursula Kilkelly
Publisher: Routledge
Total Pages: 328
Release: 2017-07-05
Genre: Law
ISBN: 1317038614

The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.

The Human Rights of Children

The Human Rights of Children
Author: Antonella Invernizzi
Publisher: Routledge
Total Pages: 373
Release: 2016-02-24
Genre: Political Science
ISBN: 1317028333

This volume provides a series of critical analyses of some of the contemporary debates in relation to the human rights of children, resituating them within visions which informed the text of the United Nations Convention on the Rights of the Child in 1989. The studies embrace examination of some of today's widespread interpretations of the CRC, analysis of what is implied by a human rights-based approach in research and advocacy and consideration of advances and barriers to research and to several aspects of CRC implementation. With contributions by leading experts in the field, the book examines the CRC as an international instrument, its inherent dilemmas and some of the debates generated by the challenges of implementation. It embraces examinations of different levels of governance from the international to the state party, regional and local levels, including institutional developments and changes in law, policy and practice. The book will be a valuable resource for students, researchers and policy-makers working in the area of children's rights and welfare.

European Social Charter

European Social Charter
Author: European Committee of Social Rights
Publisher: Council of Europe
Total Pages: 336
Release: 2001-01-01
Genre: Political Science
ISBN: 9789287145543

Eradicating Violence Against Children

Eradicating Violence Against Children
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 140
Release: 2008-01-01
Genre: Social Science
ISBN: 9789287164322

In spite of a high level of social awareness in Europe, millions of its children are still subjected to violence. Children's rights are violated on a daily basis in all European countries. Corporal punishment, sexual abuse, the exploitation of children and other similar violations are only now emerging into the public eye. While some progress has been made, it is far too slow and timid. Elaborately organised networks in human trafficking, online child pornography and sexual violence behind what should be the safe doors of the home still prevent Europe from fully guaranteeing children's human rights. The Council of Europe promotes and secures children's human rights through developing standards and policies, monitoring countries' compliance with norms, and launching awareness-raising actions. It also assists countries to develop comprehensive strategies addressing all forms of violence against children. This book references the Council of Europe's work in this field and provides insights into the processes that have led to its many conventions, recommendations, decisions, programmes, reports and publications.

Corporal Punishment of Children: A Human Rights Violation

Corporal Punishment of Children: A Human Rights Violation
Author: Susan Bitensky
Publisher: BRILL
Total Pages: 424
Release: 2006-06-14
Genre: Law
ISBN: 9047431162

The core of this book is a detailed analysis of the status of corporal punishment of children, including Areasonable spankings by parents, under international human rights law. The analysis leads compellingly to the conclusion that such punishment is indeed a human rights violation, consonant with modern norms about right and decent treatment of juveniles. The book further provides a comparative analysis between the domestic laws of the seventeen nations that ban all corporal punishment of children (Sweden, Finland, Norway, Austria, Cyprus, Denmark, Germany, Iceland, Bulgaria, Croatia, Latvia, Hungary, Romania, Ukraine, Israel, Italy, and Portugal) and examples of the domestic laws in the countries that still permit some physical chastisement of children (United States and Canada). Because it is anticipated that a good number of readers will be surprised to learn that this disciplinary practice has become a human rights law violation, the book also engages in an in-depth exegesis of the psychological evidence and historical and philosophical reasons warranting prohibition of all corporal punishment of children as an imperative policy choice. The work probes as well why, once that choice is made, it is essential to use legal bans on the punishment inasmuch as they have uniquely effective pedagogical and therapeutic roles and give some permanence to humanity’s hard won understanding about protecting the young from violence. Published under the Transnational Publishers imprint.