Children Defending their Human Rights Under the CRC Communications Procedure: On Strengthening the Convention on the Rights of the Child Complaints Mechanism - Softcover
Synopsis
Part I: Introduction to the Third Optional Protocol to the Convention on the Rights of the Child concerning a communications procedure: The Convention on the Rights of the Child Communication/ Complaints Procedure and the Convention General Implementation Articles.- Part II: Selected Weaknesses of the Convention on the Rights of the Child Optional Protocol on a Communications Procedure: The Inadmissibility of Collective Communications Under the OP3-CRC.- Reliance on the Best Interests of the Child Principle.- The Failure to Allow Communications Involving Jus Cogens Violations Where the Complaint is Against State Non-Parties to the OP3-CRC (Even if a State Party to the CRC and/or One or Both of the First Two Protocols to the CRC).- Inter-State Communications under the OP3-CRC and the Requirement for an Opt In Declaration by the State Party.- Children's Age and Adjudged Maturity vs. Legal Principle as Factors in Taking Children's Views into Account in OP3-CRC Decision-Making.- Weaknesses in the OP3-CRC Provisions Regarding Inquiries, Friendly Settlements and Follow-Up.- Communications Concerning Violations of Children's Economic, Social, or Cultural Rights.- Potential Obstacles Under OP3-CRC to Redress for Violation of Social and Cultural Rights: Case Examples Involving Indigenous Children.- Concluding Remarks and Summary.
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