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6 - The United Kingdom

Published online by Cambridge University Press:  09 January 2025

Meda Couzens
Affiliation:
Western Sydney University
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Summary

This chapter analyses the indirect judicial application of the Convention on the Rights of the Child (the Convention) in the United Kingdom, a dualist legal system where the Convention has not been fully incorporated through legislation. Although the courts have somewhat engaged with the Convention through the traditional methods (statutory interpretation and the development of the common law), the Convention has been given effect overwhelmingly in the context of the Human Rights Act 1998 (the HRA), and implicitly of the European Convention on Human Rights and Fundamental Freedoms 1951 (the ECHR). The joint application of the Convention with the HRA–ECHR tandem has been both a facilitating and an inhibiting factor in the judicial effect of the former. Like courts in other jurisdictions, UK courts have also applied the Convention in sui generis ways, diversifying thus the opportunities for its usage. The overlap between the Convention and other legal standards makes the assessment of its impact difficult, but it is clear that the application of the Convention is associated with a more child-sensitive judicial reasoning.

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Publisher: Cambridge University Press
Print publication year: 2025

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  • The United Kingdom
  • Meda Couzens, Western Sydney University
  • Book: The UN Convention on the Rights of the Child and Domestic Courts
  • Online publication: 09 January 2025
  • Chapter DOI: https://doi.org/10.1017/9781108981163.009
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  • The United Kingdom
  • Meda Couzens, Western Sydney University
  • Book: The UN Convention on the Rights of the Child and Domestic Courts
  • Online publication: 09 January 2025
  • Chapter DOI: https://doi.org/10.1017/9781108981163.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The United Kingdom
  • Meda Couzens, Western Sydney University
  • Book: The UN Convention on the Rights of the Child and Domestic Courts
  • Online publication: 09 January 2025
  • Chapter DOI: https://doi.org/10.1017/9781108981163.009
Available formats
×