Although the UN Convention on the Rights of the Child recognises procedural rights of the child in addition to substantive rights, it is rather silent on the fundamental right to an effective... Show moreAlthough the UN Convention on the Rights of the Child recognises procedural rights of the child in addition to substantive rights, it is rather silent on the fundamental right to an effective remedy. The concept of access to justice for children has nevertheless emerged in the past decades and manifested itself firmly in the international human rights and sustainable development agendas. Access to justice is grounded in the right of the child to seek remedies in case of (alleged) rights violations. It implies legal empowerment of children and access to justice mechanisms and remedies that are child-sensitive. So far, access to justice, with a specific focus on children, lacks careful consideration, conceptualisation and contextualisation in academic research and writing. This contribution explores the meaning of access to justice for children, as a right and procedural concept, and paves the way for the development of a more specific research and implementation agenda. Show less
International children’s rights law is utterly clear. The use of deprivation of liberty of children must be limited to the absolute minimum. If it is nevertheless regarded necessary to arrest,... Show moreInternational children’s rights law is utterly clear. The use of deprivation of liberty of children must be limited to the absolute minimum. If it is nevertheless regarded necessary to arrest, detain, imprison, or institutionalize a child, states have the obligation to safeguard that her or his rights are recognized and adequately protected, regardless of the context in which the deprivation of liberty takes place. This chapter elaborates on the specifics of these two limbs of Article 37 CRC, the core human rights provision for the protection of children deprived of liberty. It analyzes the legal status these children are entitled to, specifies the corresponding negative and positive obligations for states, and explores avenues for an effective implementation. Show less
This chapter reflects on the aim of the International Children’s Rights volume to provide those wishing to study, research, and practice international children’s rights law with a contemporary and... Show moreThis chapter reflects on the aim of the International Children’s Rights volume to provide those wishing to study, research, and practice international children’s rights law with a contemporary and comprehensive legal text. It recaps on the themes that emerged from the process of commissioning and editing the various contributions from some of the world’s leading and emerging legal scholars in the area of children’s rights. It marks the progress that has been made in the implementation of children’s rights law and the many challenges that still exist in the implementation of the CRC and associated international instruments. It notes that legal scholarship in the field of children’s rights is still developing and that, although multidisciplinary research and analysis is valuable, it is important to reaffirm children’s rights as a field of law and legal practice. International children’s rights is a complex, dynamic, and relatively young area of law. As the contributions to the collection show, it is diverse and evolving, with many new aspects and issues worthy of analysis and scrutiny. This chapter encapsulates the aspiration of the volume editors that the book contribute to the scrutiny of the legal implications of the CRC, recognizing the unique features of international children’s rights law, adding to the ongoing development of this important area of law. Show less
This chapter examines the concept of child-friendly justice by means of an analysis of the drafting, content and implementation of the Guidelines on Child-Friendly Justice. It draws attention to... Show moreThis chapter examines the concept of child-friendly justice by means of an analysis of the drafting, content and implementation of the Guidelines on Child-Friendly Justice. It draws attention to the important concept of child-friendly justice, which embraces the children's rights in the juvenile justice system. The chapter traces history of child-friendly justice, explains the Guidelines adopted in 2010, and examines the implementation of the Guidelines with reference to EU studies that have sought to evaluate the extent to which child-friendly justice is observed in practice. It assesses critically the future direction of children's rights within juvenile justice and identifies some of the challenges that lie ahead. A number of key themes emerged from the analysis of the consultation with children and young people including a strong emphasis on the importance of family, a general mistrust of authority and a consistently expressed desire to be heard. Show less
Rap, S.E.; Zlotnik, D.; Leeuwen, C.M.M. van; Liefaard, T. 2018
