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Children’s Rights

A Commentary on the Convention on the Rights of the Child and its Protocols Wouter Vandenhole, Law & Development Research Group, University of Antwerp, Gamze Erdem Türkelli, Research Foundation Flanders (FWO) (File Number: 12Q1719N); Law & Development Research Group, University of Antwerp and Sara Lembrechts, Law & Development Research Group, and Personal Rights & Property Rights, University of Antwerp, Children’s Rights Knowledge Centre (KeKi), Belgium
This Commentary is a fully up-to-date, solid legal work on children’s rights. It offers a contemporary legal perspective on the inherently interdisciplinary field of children’s rights. It responds to the scarcity of legal commentaries in a landscape where several handbooks covering different disciplines have been published in recent years. It is succinct and seeks to capture the essence, yet offers a sophisticated analysis of children’s rights law and branches out into other disciplines where relevant in light of the recent legal and social developments.
Extent: c 448 pp
Hardback Price: $280.00 Web: $252.00
Publication Date: November 2019
ISBN: 978 1 78643 312 1
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  • eISBN: 978 1 78643 313 8

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This comprehensive Commentary presents a contemporary legal perspective on the interdisciplinary field of children’s rights. Chapters analyse each article of the Convention on the Rights of the Child, along with its optional protocols, providing contextual information on the interpretation and implementation of the articles. A detailed introduction examines the history of the convention, placing it within the wider landscape of human rights and the sociology of childhood.

The article commentary critically engages with the text of the convention, exploring commonly used concepts and defining terminology associated with child exploitation. The authors draw on multiple perspectives and refer to disciplines outside of law to enrich the analysis of the articles, their interpretation and the study of children’s rights as a discipline. Featuring examples of case law from regional human rights systems the commentary provides a well-rounded insight into the status of children's rights on a global scale.

Written in an accessible style, this Commentary will be a valuable reference work for students, practitioners and policy makers alike. The book will be of great interest to those working within children’s rights law and human rights law. Researchers in politics, sociology and international studies who are seeking further information on the rights of children will also find this Commentary to be a useful point of reference.
‘This book provides an accessible and insightful guide to the Convention on the Rights of the Child and its Optional Protocols. It offers an important introduction to children’s rights—examining theoretical debates, implementation challenges, and opportunities for advancing children’s rights. It also will serve as a valuable resource for scholars and practitioners, with its in-depth analysis of each article of the CRC and discussion of the Optional Protocols.’
– Jonathan Todres, Georgia State University, US

‘The authors provide a thoroughly researched and very user-friendly guide through the Convention on the Rights of the Child, highlighting the many intersections with other human rights instruments. This volume is destined to become the reference in the field for years to come.’
– Olivier De Schutter, former UN Special Rapporteur on the right to food (2008-2014) and Member of the Committee on Economic, Social and Cultural Rights
Contents: Foreword – Benyam Mezmur Introduction: Three Decades of Children’s Rights Law Article 1: Scope of Application Article 2: Non-Discrimination Article 3: Best Interests of the Child Article 4: General Obligation Article 5: Appropriate Direction and Guidance Consistent with the Child’s evolving Capacities Article 6: The Right to Life, Survival and Development Article 7: Name and Nationality Article 8: Preservation of Identity Article 9: Separation from Parents Article 10: Family Reunification Article 11: Illicit Transfer and Non-return of Children Article 12: The Views of the Child Article 13: Freedom of Expression Article 14: Freedom of Thought, Conscience and Religion Article 15: Freedom of Association and Peaceful Assembly Article 16: The Right to Privacy Article 17: Access to Appropriate information Through Media Article 18: CRC: Common Responsibilities of Parents for the Upbringing and Development of the Child Article 19: Protection from all forms of violence Article 20: Children deprived of their family environment Article 21: CRC: Adoption Article 22: Asylum Seeking and Refugee Children Article 23: Children with Disabilities Article 24: Right to Health Article 25: Periodic Review of Placement Article 26: Social Security Article 27: Adequate Standard of Living Article 28: Right to Education Article 29: Aims of Education Article 30: Rights of Children from Minorities and Indigenous Origin Article 31: Rest Leisure and Play Article 32: Protection from Economic Exploitation Article 33: Protection from Drugs Article 34: Protection from Sexual Exploitation and Abuse Article 35: Prevention of Abduction, Sale and Trafficking Article 36: Protection Against All Other Forms of Exploitation Article 37: Deprevation of Liberty, Prohibition of Torture, Degrading and Inhuman Treatment and of Capital Punishment and Life Imprisonment Article 38: Children in Armed Conflict Article 39: Recovery and reintegration of Child Victims Article 40: Children’s Rights in Justice Systems Article 41: Respect for Higher Standards Article 42: Dissemination Article 43: CRC: The Committee Article 44: Reporting Procedure Article 45: Implementation and International Cooperation Articles 46 - 54: Final Clauses, Signature, Ratification, Accession, Entry into force, Amendments, Reservations, Denunciations Optional Protocol on the Involvement of Children in Armed Conflict Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Optional Protocol on a Communications Procedure Index