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1 - Introduction

Published online by Cambridge University Press:  09 January 2025

Meda Couzens
Affiliation:
Western Sydney University
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Summary

The chapter argues that the domestic judicial application of the Convention on the Rights of the Child (the Convention) is important and in need of systematic attention, especially in light of the Convention’s novelty and special features. The chapter shows that in the absence of prior systematic comparative international studies, it remains relevant to study the judicial application of the Convention through the lens of the formal domestic rules that inform the reception of the Convention in monist, dualist, and hybrid legal systems. The chapter also argues that it is not only these formal factors that affect the judicial application of the Convention, but also the domestic structure of reception wherein the Convention is received. The chapter further explains the selection of a heterogenous sample of jurisdictions, consisting of France, Australia, South Africa, and the United Kingdom, and the use of a comparative international law perspective as a theoretical framework for the book.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2025

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  • Introduction
  • 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/10.1017/9781108981163.004
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  • Introduction
  • 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/10.1017/9781108981163.004
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.

  • Introduction
  • 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/10.1017/9781108981163.004
Available formats
×