Book contents
- The UN Convention on the Rights of the Child and Domestic Courts
- The UN Convention on the Rights of the Child and Domestic Courts
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The CRC and the Courts
- 3 France
- 4 Australia
- 5 South Africa
- 6 The United Kingdom
- 7 The Judicial Application of the CRC
- 8 Looking to the Future of Judicial Application of the CRC
- Bibliography
- Index
1 - Introduction
Published online by Cambridge University Press: 09 January 2025
- The UN Convention on the Rights of the Child and Domestic Courts
- The UN Convention on the Rights of the Child and Domestic Courts
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The CRC and the Courts
- 3 France
- 4 Australia
- 5 South Africa
- 6 The United Kingdom
- 7 The Judicial Application of the CRC
- 8 Looking to the Future of Judicial Application of the CRC
- Bibliography
- Index
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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- Publisher: Cambridge University PressPrint publication year: 2025