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
8 - Looking to the Future of Judicial Application of the CRC
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
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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- The UN Convention on the Rights of the Child and Domestic Courts , pp. 288 - 296Publisher: Cambridge University PressPrint publication year: 2025