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
The rights of children in youth justice and civil court proceedings, and in particular the right of children to be heard or to “participate” in such systems, is an area in which there has been much... Show moreThe rights of children in youth justice and civil court proceedings, and in particular the right of children to be heard or to “participate” in such systems, is an area in which there has been much interest in recent years, particularly sparked by Article 12 of the UN Convention on the Rights of the Child. There are a wide variety of proceedings in which children’s interests are decided, for example, where they are accused of a crime, where their parents are in dispute on family breakdown and where there are child protection concerns. This chapter examines recent developments in standards at international level concerning children’s participation in proceedings, such as the drafting of General Comment No. 12 of the UN Committee on the Rights of the Child on the right to be heard and the Guidelines on Child-friendly Justice of the Council of Europe. It draws on recent international research in order to provide analysis of the extent to which such standards have affected practice and made a difference for children. It concludes that although the development of such standards is to be welcomed, and although these standards have achieved some improvements at domestic level, the more extensive modifications required for genuine participation of children in the justice system has not occurred. Show less
