Constitutionalisation of Children's Rights

This book looks at the domestication of children’s rights through the means of constitutionalisation. Constitutionalised, children’s rights become an important frame of reference for the formulation and implementation of legislation and strengthen children’s standing before the courts. However, many leading constitutional developments remain inaccessible due to language barriers. This book is a first effort to make developments and case law more accessible.
book | forthcoming | 1st edition
December 2020 | xx + 321 pp.

Paperback
€89.-


ISBN 9781780689678



Publication date: December 31, 2020

Details

This book looks at the domestication of children’s rights through the means of constitutionalisation. Landmark judgments from constitutional courts from across the globe have risen to prominence; for example, the constitutional courts of Indonesia and Zimbabwe outlawing child marriage and the constitutional court of Columbia on the assignment of a gender to an intersex born child, to name a few. Further, the CRC Committee continues to recommend State parties to consider enshrining children’s legal rights at the apex level of law, and there is some interest in, for instance, Germany, in pursuing such an approach. An explicit reference to children’s rights in national constitutions may prevail in cases of conflict and it can provide binding standards for legislative, policy, and regulatory measures. Since the adoption of the CRC thirty years ago, a growing body of jurisprudence in domestic courts has served to illuminate the corresponding challenges and limitations.

Constitutionalised, children’s rights become an important frame of reference for the formulation and implementation of legislation and strengthen children’s standing before the courts. However, many leading constitutional developments remain inaccessible due to language barriers. Constitutionalisation of Children's Rights is a first effort to make developments and case law more accessible. It is an important and invaluable resource for academics and practitioners alike.

Chapters

There are no separate chapters available for this publication.