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7 - The Judicial Application of the CRC

From Formal Reception to Legal Effect

Published online by Cambridge University Press:  09 January 2025

Meda Couzens
Affiliation:
Western Sydney University
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Summary

Drawing from the case studies on the judicial application of the Convention on the Rights of the Child (the Convention) in France, Australia, South Africa, and the United Kingdom, this chapter argues that albeit fundamentally different in form, the direct and the indirect application of the Convention, respectively, produce similar effects. Both permit a meaningful engagement with the Convention and the development of child-sensitive reasoning. The chapter highlights that alongside the traditional methods of engagement with the Convention, courts have applied it in a sui generis manner. This demonstrates that the traditional reception rules are unable to capture the diversity of courts’ interaction with the Convention. The chapter discusses the factors that influence the courts’ application of the Convention and highlights the importance of the domestic structure of reception for the judicial application of the Convention. The chapter also concludes that article 3(1) of the Convention has been a favourite of the courts, who see it as a rich repository of legal principles and standards that allow them to justify a distinct legal treatment for children.

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Publisher: Cambridge University Press
Print publication year: 2025

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  • The Judicial Application of the CRC
  • 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/10.1017/9781108981163.010
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  • The Judicial Application of the CRC
  • 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/10.1017/9781108981163.010
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 Judicial Application of the CRC
  • 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/10.1017/9781108981163.010
Available formats
×