Description
Book SynopsisThis open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Table of ContentsChapter 1: Introduction
Part I: General Principles
Chapter 2: Article 2 - The right to non-discrimination
Chapter 3: Article 3 - The best interest of the child
Chapter 4: Article 6 - The rights to life, survival, and development
Chapter 5: Article 12 - The right to be heard
Part 2: Civil and Political Rights
Chapter 6: Article 7 - The right to a name, nationality, and to know and be cared for by parents
Chapter 7: Article 8 - The right to preservation of identity
Chapter 8: Article 13 - The right to freedom of expression
Chapter 9: Article 14 - The right to freedom of thought, conscience, and religion
Chapter 10: Article 15 - The right to freedom of association and assembly
Chapter 11: Article 16 - The right to protection of privacy
Chapter 12: Article 17 - The right to access to diverse sources of information
Part 3: Family Environment and Alternative Care Rights
Chapter 13: Article 5 - The right to parental guidance consistent with the evolving capacity of the child
Chapter 14: Article 9 - The right not to be separated from parents
Chapter 15: Article 10 - The right to family reunification
Chapter 16: Article 11 - The right to protection from illicit transfer and non-return of children abroad
Chapter 17: Article 18 - Rights concerning parental responsibility
Chapter 18: Article 20 - Rights concerning children deprived of their family environment
Chapter 19: Article 21 - Adoption
Chapter 20: Article 25 - The right to periodic review of treatment and all other circumstances of placement
Part 4: Disability, Health, and Welfare Rights
Chapter 21: Article 23 - The rights of children with disabilities
Chapter 22: Article 24 - The right to health
Chapter 23: Article 26 - The right to benefit from social security
Chapter 24: Article 27 - The right to a standard of living adequate for physical, mental, spiritual, moral, and social development
Chapter 25: Article 33 - The right to protection from illicit use of narcotic drugs and psychotropic substances
Part 5: Education, Leisure, and Cultural Activities Rights
Chapter 26: Article 28 - The right to education
Chapter 27: Article 29 - The aims of education
Chapter 28: Article 30 - Cultural, religious, and linguistic rights of minority or indigenous children
Chapter 29: Article 31 - The rights to rest, play, recreation, and cultural and artistic activities
Part 6: Protection Measures from Violence
Chapter 30: Article 19 - The right to protection from all forms of violence
Chapter 31: Article 37 - Prohibition of torture, capital punishment, and arbitrary deprivation of liberty
Chapter 32: Article 39 - The right to physical and psychological recovery of child victims
Part 7: Protection Measures from Exploitation
Chapter 33: Article 32 - The right to protection from economic exploitation and hazardous activities
Chapter 34: Article 34 - The right to protection from all forms of sexual exploitation and sexual abuse
Chapter 35: Article 36 - The right to protection from other forms of exploitation
Part 8: Protection Measures for Children in Vulnerable Situations
Chapter 36: Article 22 - The right to protection for refugee and asylum-seeking children
Chapter 37: Article 35 - Prevention of abduction, sale, and trafficking
Chapter 38: Article 38 - The right to protection from armed conflict
Chapter 39: Article 40 - The rights in the juvenile justice setting
Part 9: General Measures of Implementation
Chapter 40: Article 1 - Definition of a child
Chapter 41: Article 4 - States Parties’ obligations
Chapter 42: Articles 42 and 44(6) - Making the Convention and States Parties’ compliance widely known
