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This volume constitutes a commentary on Articles 43-45 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
In 2020, the African Charter on the Rights and Welfare of the Child (ACRWC) celebrates 30 years since its adoption. To date, 50 African States have ratified the ACRWC, and 28 have submitted the initial report, 12 have submitted both initial and periodic reports to the African Committee of Experts on the African Charter on the Rights and Welfare of the Child (ACERWC) on the implementation of the ACRWC and have received recommendations from the ACERWC. To ascertain the extent of children’s rights protection in Africa, the Centre for Human Rights was commissioned to undertake a study on the implementation of the ACRWC in 10 countries, namely: Algeria, Burkina Faso, Burundi, Cameroon, Ethiopia, Ghana, Mozambique, Namibia, Sudan and Tanzania. In-country researchers were engaged to collect data using desk-based research to obtain information consisting of literature, documents and online sources that was then thematically analysed.
This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.
Why do some states resist entering into international treaty regimes while others demonstrate eagerness to participate? Although factors such as degree of pressure exerted by international actors, ambiguity in the treaty language and a regime's 'lack of teeth' (enforcement and sanctioning mechanism) do affect participation, this book investigates whether internal (domestic) factors may ultimately be responsible for influencing why a state resists or joins international treaty regimes. The volume draws on United Nations treaty ratification data from three different issue areas - arms control, environment and human rights - to study the participation patterns of democracies and non-democracies in international treaty regimes. Incorporating two in-depth case studies on the United States and China, the author traces the impact of domestic institutional structure, state capacity and internal social norms on state decisions to resist or participate.
This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.
Offering a contribution to the debates on child labor, this book presents child labor as a problem to which various branches of international law have made a response. It treats a range of international law sub-disciplines, and analyses child labor in the context of social, economic and cultural issues.
This book is based on a project on the "Rights of the Child in Criminal Law in Iran and Other Muslim States," carried out by The British Institute of International and Comparative Law. The goal of this project is to enhance the implementation of non-discriminatory laws relating to children in Muslim States' criminal justice systems, through training, research, and providing support to advocacy work. The book is the result of a comparative study on the age of criminal liability in Muslim States, aimed at providing strong material for advocacy and research on the subject. National Rapporteurs from Muslim and European States have participated in completing a questionnaire on the subject. The countries involved in the study include Afghanistan, Egypt, Iran, Malaysia, Nigeria, United Arab Emirates, Pakistan, Spain, as well as the UK. In order to place the study in context, it also features chapters covering the history of child criminal law, and an introduction to Islamic criminal law as it
In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.