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8 - Looking to the Future of Judicial Application of the CRC

Published online by Cambridge University Press:  09 January 2025

Meda Couzens
Affiliation:
Western Sydney University
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Summary

This chapter summarises the implications of this comparative study for the development of the judicial application of the Convention on the Rights of the Child (the Convention) in jurisdictions beyond this study. It argues that domestic reception rules are a necessary starting point but do not fully explain how the courts apply the Convention. It pleads for more attention to the sui generis methods of engagement with the Convention, but also to the domestic structure of reception as an often overlooked factor that influences its application. The chapter calls for a more systematic attention to the interaction between the Convention, and the overlapping domestic and international instruments. This will enable a better understanding of the issues in relation to which courts find the Convention most useful. The chapter argues that for the Convention to preserve or claim its rightful place among international instruments with impact on domestic judicial reasoning, the added value of the Convention must be better understood. Lastly, the chapter highlights the role of the courts and the Committee on the Rights of the Child in further developing the judicial application of the Convention.

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Publisher: Cambridge University Press
Print publication year: 2025

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