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1 results

  • 1 - Introduction

  • Meda Couzens, Western Sydney University
  • Book:
    The UN Convention on the Rights of the Child and Domestic Courts
    Published online:
    09 January 2025
    Print publication:
    23 January 2025, pp 1-19

  • 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.