Convention on the Rights of the Child Part 5

Convention on the Rights of the Child Part 5

 

69

Seeking Asylum under the Convention on the Rights of the Child : A case for Complementary Protection
McAdam, Jane
International Journal of Children’s Rights
Volume 14, Number 3, 2006 p.251-274

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70

Municipal Legal Obligations of States Parties to the Convention on the Rights of the Child : The South African Model
Johan D. van der Vyver
Emory International Law Review
Volume 20, Number 1, Spring 2006 p.9

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71

Ratify the U.N. Convention on the Rights of the Child , But Don’t Expect Any Miracles
Martin Guggenheim
Emory International Law Review
Volume 20, Number 1, Spring 2006 p.43

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72

Overcoming Religious Objections to the Convention on the Rights of the Child
David M. Smolin
Emory International Law Review
Volume 20, Number 1, Spring 2006 p.81

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73

The Religious Right and the Opposition to U.S. Ratification of the Convention on the Rights of the Child
T. Jeremy Gunn
Emory International Law Review
Volume 20, Number 1, Spring 2006 p.111

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74

The United Nations Convention on the Rights of the Child: Should It Be Ratified and Why’?
Don S. Browning
Emory International Law Review
Volume 20, Number 1, Spring 2006 p.157

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75

The Role of the United States in the Drafting of the Convention on the Rights of the Child
Cynthia Price Cohen
Emory International Law Review
Volume 20, Number 1, Spring 2006 p.185

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76

Prospects for Ratification of the Convention on the Rights of the Child
David Weissbrodt
Emory International Law Review
Volume 20, Number 1, Spring 2006 p.209

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77

“But Even So, Look at That”: Working with the Convention on the Rights of the Child
Martin E. Marty
Emory International Law Review
Volume 20, Number 1, Spring 2006 p.217

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78

A CRITICISM OF THE No CHILD LEFT BEHIND ACT: How THE CONVENTION ON THE RIGHTS OF THE CHILD CAN OFFER PROMISING REFORM OF Education LEGISLATION IN AMERICA
Trisha Loscalzo Yates
Whittier Journal of Child and Family Advocacy
Volume 5, Issue 2, Spring 2006 p.399

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79

Rewriting the competency rules for children: Full recognition of the young person as rights-bearer
Jamie Potter
Journal of Law and Medicine
Volume 14, Number 1, August 2006 p.64

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The rules regarding the competency of children to consent to medical treatment have traditionally focused on the child’s understanding of the proposed treatment. This article argues that this focus has perpetuated an unjustifiably paternalistic attitude to the treatment of children that is inconsistent with obligations under the Convention on the Rights of the Child and the Common law ‘s preference for upholding personal autonomy. A new test is therefore proposed, abandoning the presumption of incompetency for adolescents and focusing on the understanding of the right to make medical decisions. The application of the proposed test is examined both from a general point of view and with regard to a particularly vulnerable group of young people: those suffering from mental illness.

80

INTERNATIONAL PARENTAL CHILD ABDUCTION: WHY WE NEED TO EXPAND CUSTODY RIGHTS PROTECTED UNDER THE CHILD ABDUCTION CONVENTION
Sara E. Reynolds
Family Court Review
Volume 44, Number 3, July 2006 p.464

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81

Suffer the Children?: A Call for United States Ratification of the United Nations Convention on the Rights of the Child
Lainie Rutkow, Joshua T. Lozman
Harvard Human Rights Journal
Volume 19, Spring 2006 p.161

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82

Interpreting The Hague Convention on International Child Abduction : Why American Courts Need to Reconcile the Rights of Non-Custodial Parents, the Best Interests of Abducted Children, and the Underlying Objectives of the Hague Convention
Melissa S. Wills
Review of Litigation
Volume 25, Number 2, Spring 2006 p.423

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83

No, it is not just a phase: An adolescent’s right to sexual minority identity under the United Nations Convention on the rights of the child
Phil C.W. Chan
International Journal of Human Rights
Volume 10, Number 2, June 2006 p.161-176

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84

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE NEED FOR ITS INCORPORATION INTO A BILL OF RIGHTS
Alastair Nicholson
Family Court Review
Volume 44, Number 1, January 2006 p.5

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85

The Principle of Non-Discrimination in the Convention on the Rights of the Child
Samantha Besson
International Journal of Children’s Rights
Volume 13, Number 4, 2005 p.433-461

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86

Socio-Emotional Enablement and the Convention of the Rights of the Child
Affolter, Friedrich W.
International Journal of Children’s Rights
Volume 13, Number 3, 2005 p.379-397

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87

Implementing the U.N. Convention on the Rights of the Child: Children’s Rights Under the 1996 South African Constitution
Lauren M. Spitz
Vanderbilt Journal of Transnational Law
Volume 38, Number 3, May 2005 p.853

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88

INCREASINGLY SEEN AND HEARD: THE CONSTITUTIONAL RECOGNITION OF CHILDREN’S RIGHTS
JOHN TOBIN
South African Journal on Human Rights
Volume 21, Part 1, 2005

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The proliferation of Bills of rights in national Constitutions throughout all regions of the world has been well documented. To date there has been no real attempt to examine the place of children’s rights within this development. This article is a response to this omission. It examines the transformative effect of international law and the extent to which human rights instruments, particularly the United Nations Convention on the Rights of the Child, have influenced the treatment of children in national Constitutions . It identifies evidence of an increasing tendency to transform some of the obligations assumed by states under international law into constitutional recognition and protection of children’s rights at the domestic level. It also examines the significance and limitations of this development, concluding that, while the constitutional recognition of children’s rights offers no guarantees with respect to the enjoyment of their rights, at a minimum it legitimates political discourse on children’s rights, allowing children to be seen and, increasingly, heard.

89

The United Nations Convention on the Rights of the Child: How Countries Are Handling Juvenile Prisons in Light of the Convention
Hellin Jang
Children’s Legal Rights Journal
Volume 25, Number 1, 2005 p.21

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Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Advocacy, Bills, Common law, Constitutions, Convention on the Rights of the Child, Convention on the Rights of the Child, Education, Legal Rights, The Hague Convention on International Child Abduction.


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