International Child Law

Description

This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the ongoing development of child law, children’s rights and the protection of the child. In-depth analyses of the following topic areas are included: Childhood in the digital age; Child labour; International parental child abduction; Inter-country adoption; Sexual exploitation; Children and armed conflict; and Indigenous children. These topics are contextualised with further chapters on the concept of childhood and children’s rights, the international legal framework in which the Convention operates and a substantive chapter on the Convention itself. This fourth edition has been updated and revised, including a new chapter dealing with issues arising from childhood in the age of unprecedented digital technological advancements; a crucial issue for childhood experiences in modern times. This edition also includes new case studies, recent legal developments in the field of international child law, and inclusion of broader scholarship to capture diverse views on international law and child law. The aim of this book is to provide the reader with an accessible, informed, critical and scholarly account of the international law framework relating to children. Drawing on a range of legal and other disciplines, this book remains a valuable resource for those in the course of study and research in this area. Cover Half Title Title Page Copyright Page Dedication Page Contents Preface Table of cases Table of international legal instruments List of figures and tables Case studies 1 Childhood and children’s rights 1.1 Childhood 1.1.1 Historical perspectives 1.1.2 Psychological perspectives 1.1.3 Sociological perspectives 1.1.4 Social policy perspectives 1.2 Human rights 1.2.1 Children’s rights 1.2.2 International children’s rights 1.3 Childhood, children’s rights and cultural relativism 1.4 Concluding remarks 2 Introduction to international law sources and institutions 2.1 Introduction 2.2 Sources of international law 2.2.1 International treaties and conventions 2.2.2 International customary law 2.2.3 General principles of law recognised by civilised nations 2.2.4 Judicial decisions and publicists’ writings 2.2.5 Hierarchy of sources and jus cogens 2.2.6 ‘Soft law’ 2.3 The relationship between domestic and international law 2.4 International organisations and institutions 2.4.1 The United Nations (UN) 2.4.2 The Hague Conference on Private International Law 2.4.3 The International Criminal Court 2.5 Human rights protection 2.5.1 Global protection – UN machinery 3 The United Nations Convention on the Rights of the Child 3.1 Introduction 3.2 Background and history 3.3 Failure to ratify the Convention on the Rights of the Child 3.4 The Committee on the Rights of the Child 3.5 The reporting process under the Convention 3.6 The Optional Protocols 3.6.1 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC) 3.6.2 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OPAC) 3.6.3 Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OPIC) 3.7 The implementation of the Convention on the Rights of the Child 3.7.1 General measures of implementation: articles 4, 42 and 44(6) 3.7.2 Definition of the child: article 1 3.7.3 General principles: articles 2, 3, 6 and 12 3.7.4 Civil rights and freedoms: articles 7, 8, 13–17, 28(2) and 37(a) 3.7.5 Family environment and alternative care: articles 5, 18(1), (2), 9–11, 19–21, 25, 27(4) and 39 3.7.6 Violence against children: articles 19, 37 (a), 34 and 39 3.7.7 Disability, basic health and welfare: articles 6, 18(3), 23, 24, 26, 27(1), (2) and (3), and 33 3.7.8 Education, leisure and cultural activities: articles 28, 29 and 31 3.7.9 Special protection measures: articles 22, 30, 32–36, 37(b)–(d), 38–40 3.8 Concluding remarks 4 Childhood in the digital age 4.1 Introduction 4.2 Children and the internet: an overview 4.3 Children and trends in internet usage 4.3.1 Digital divide 4.4 Gender gap in digital access 4.5 Theories of childhood in the digital context 4.5.1 Risk-based approach 4.5.2 Rights-based approach 4.5.3 UNCRC in the digital era 4.5.4 Digital space and the ‘best interests’ principle 4.6 Concluding remarks 5 Child labour 5.1 The phenomenon of child labour 5.1.1 Difficulties of definition and types of child labour 5.1.2 Identifying the causes of child labour 5.1.3 The ‘poverty and education’ thesis 5.1.4 TWAIL, cultural relativism and child labour 5.1.5 The extent and location of exploitative child labour 5.1.6 Forced labour and marriage 5.1.7 Child labour and armed conflict 5.1.8 Covert nature of child labour 5.1.9 Measuring the extent of child labour 5.2 International legal protection of child labour 5.2.1 The Minimum Age Convention of 1973 5.2.2 The UN Convention on the Rights of the Child and Child Labour 5.2.3 Elimination of the Worst Forms of Child Labour Convention of 1999 5.2.4 Other international instruments relating to child labour 5.2.5 The wider role of the International Labour Organization (ILO) 5.2.6 ILO reporting, representation and complaints procedures 5.3 Progressing the elimination of exploitative child labour 5.3.1 Child labour in international law: assessing the role of law and the enforceability problem 5.3.2 Partnership and coordination 5.3.3 Linking trade and labour standards 5.3.4 Corporate social responsibility 5.4 Concluding remarks 6 International parental child abduction 6.1 International parental child abduction 6.2 Introduction to the international legal instruments 6.2.1 UN Convention on the Rights of the Child 6.2.2 European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children of 1980 6.2.3 The Revised Brussels II Regulation of 2003 6.3 The Hague Convention on the civil aspects of international child abduction (1980) 6.3.1 Wrongful removal or retention 6.3.2 The duty to make a return order 6.3.3 Exceptions from the duty to make a return order 6.3.4 Exercising discretion 6.4 International parental abduction and non-convention countries 6.5 The use of mediation in international parental child abduction 6.6 Concluding remarks 7 Intercountry adoption 7.1 Introduction 7.1.1 Intercountry adoption: the statistics 7.1.2 The sending and receiving countries 7.2 The need for international legal regulation 7.2.1 The Hague Convention of 1965 7.2.2 Adoption and the UN Convention on the Rights of the Child 7.2.3 The Special Commission and the Hague Convention of 1993 7.2.4 UNICEF’s position 7.3 The Hague Convention on Intercountry Adoption of 1993 7.3.1 The best interests of the child are paramount 7.3.2 Subsidiarity principle 7.3.3 Safeguards to protect children from abduction, sale and trafficking 7.3.4 Cooperation between States and within States 7.3.5 Automatic recognition of adoption decisions 7.3.6 Competent authorities, Central Authorities and accredited bodies 7.4 Hague Conference International Centre for Judicial Studies and Technical Assistance 7.5 Decline in intercountry adoptions 7.6 Conflicting perceptions on intercountry adoption 7.7 Concluding remarks 8 Child sexual exploitation 8.1 Introduction 8.1.1 What is child sexual exploitation? 8.1.2 Emerging issues: the trafficking of children and ‘modern slavery’ 8.2 International action 8.2.1 Global bodies 8.2.2 Regional bodies 8.2.3 Industry 8.3 International instruments 8.3.1 UN Convention on the Rights of the Child 8.3.2 Convention on the Worst Forms of Child Labour (1999) 8.3.3 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 2000 (OPSC) 8.3.4 Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children 2000 8.4 States’ responsibilities 8.4.1 Criminalisation 8.4.2 Establishing jurisdiction 8.4.3 International cooperation and support 8.4.4 Assisting victims 8.5 Reporting mechanisms 8.6 Concluding remarks 9 Children in armed conflict 9.1 Children and armed conflict: the international law framework 9.1.1 Child soldiering 9.1.2 International human rights law 9.2 The United Nations and children associated with armed forces or armed groups 9.2.1 Security Council resolutions 9.2.2 The ‘Paris Principles’ 9.2.3 The Special Representative of the Secretary-General for children and armed conflict 9.3 International courts and tribunals 9.3.1 The International Criminal Tribunal for the former Yugoslavia (ICTY) 9.3.2 International Criminal Tribunal for Rwanda (ICTR) 9.3.3 Special Court for Sierra Leone (SCSL) 9.3.4 International Criminal Court (ICC) 9.3.5 Child soldiers: victims or perpetrators? 9.4 Concluding remarks 10 Indigenous children 10.1 Introduction 10.1.1 Who are indigenous peoples? 10.2 Indigenous peoples: international law and policy 10.2.1 United Nations Human Rights Treaties 10.2.2 Convention on the Rights of the Child 10.2.3 ILO Indigenous and Tribal Peoples Convention 10.2.4 United Nations Declaration on the Rights of Indigenous Peoples 10.3 Indigenous peoples and United Nations mechanisms 10.3.1 United Nations Permanent Forum on Indigenous Peoples 10.3.2 The Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous people 10.3.3 Expert Mechanism on the Rights of Indigenous Peoples 10.4 Concluding remarks Bibliography Index