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The United Nations Convention on the Rights of the Child 1989 is one of the most highly ratified human rights treaties in the world, with 192 states currently signed up to it. Article Twelve is fundamental to the Convention and states that all children capable of forming views have the right to express those views, and recognises that all children have the right to be heard in any judicial and administrative proceedings affecting them. This book explores the historical and theoretical background to Article Twelve, and examines the various models of participation which have been created to facilitate a better understanding of this provision. Aisling Parkes analyzes the extent to which Article Twelve has been implemented under international law, and in domestic law, as well as setting-out recommendations for the most effective ways of implementing Article Twelve in all areas of children’s lives.
In Participation, Power and Attitudes: Implementing Article 12 of the Convention on the Rights of the Child, Rebecca Thorburn Stern analyses how CRC state parties describe their implementation of Article 12 on respect for the child’s views. The focus of the study is on if, and how, references to traditional attitudes are used by state parties to explain their actions and inactions when implementing this key right and principle. It is shown that 'traditional attitudes' are employed less as justification of poor implementation than as a way of allocating responsibility to the population rather than to the state party, and that references to tradition remain a mainly non-Western phenomenon, thus also overlooking the impact of traditional attitudes in Western societies.
Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration. Also available in hardback.
More than half of the world’s population now live in urban areas, and cities provide the setting for contemporary challenges such as population growth, mass tourism and unequal access to socio-economic opportunities. Urban Heritage, Development and Sustainability examines the impact of these issues on urban heritage, considering innovative approaches to managing developmental pressures and focusing on how taking an ethical, inclusive and holistic approach to urban planning and heritage conservation may create a stronger basis for the sustainable growth of cities in the future. This volume is a timely analysis of current theories and practises in urban heritage, with particular reference to the conflict between, and potential reconciliation of, conservation and development goals. A global range of case studies detail a number of distinct practical approaches to heritage on international, national and local scales. Chapters reveal the disjunctions between international frameworks and national implementation and assess how internationally agreed concepts can be misused to justify unsustainable practices or to further economic globalisation and political nationalism. The exclusion of many local communities from development policies, and the subsequent erosion of their cultural heritage, is also discussed, with the collection emphasising the importance of ‘grass roots’ heritage and exploring more inclusive and culturally responsive conservation strategies. Contributions from an international group of authors, including practitioners as well as leading academics, deliver a broad and balanced coverage of this topic. Addressing the interests of both urban planners and heritage specialists, Urban Heritage, Development and Sustainability is an important addition to the field that will encourage further discourse.
The International Convention on the Elimination of All Forms of Racial Discrimination was adopted thirty-five years ago, on 21 December 1965, by the General Assembly of the United Nations, and entered into force on 4 January 1969. It was the first of the universal human rights treaties with a treaty-monitoring body to be adopted and enter into force. At present, 156 States have ratified or acceded to this Convention. Under article 9 of the Convention, each State party has to submit a report within one year after the entry into force of the Convention for that State and thereafter every two years and whenever so requested. The Committee on the Elimination of Racial Discrimination has been formed to monitor the implementation of the Convention. At its fortieth session, in 1991, the Committee initiated the practice of adopting concluding observations by the Committee as a whole on each report it considered, and at its forty-third session, in 1993, the Committee started to use a standard format for the presentation of its concluding observations. The Committee makes a general evaluation of the report and of the dialogue with the delegation, and it makes note of positive developments that may have occurred during the period under review, of factors and difficulties impeding the implementation of the Convention, and of principal subjects of concern. It also makes suggestions and recommendations to the State party concerned. The present volume contains concluding observations adopted by the Committee on the Elimination of Racial Discrimination at its forty-third to fifty-seventh sessions (1993-2000). Foreword by Mrs. Mary Robinson, United Nations High Commissioner for Human Rights.
The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.
This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.
International Child Law examines the international laws for children at both a global and a regional level. In particular the UN Convention on the Rights of the Child is described and critically assessed, while at the regional level the child in Europe is examined and how far the ECHR is engaged as a vehicle to progress childrens rights. Other key issues, increasing regulated by international child law, are spotlighted: child labour, child abduction and inter-country adoption. This book provides the reader with a sound understanding of the international law framework and issues relating to children and is a useful resource to those undertaking advanced study and or research in this area.
The protection of vulnerable groups varies under international human rights law. Depending on the group at stake, protection may be more or less advanced. In some cases, the international community has deemed it necessary to adopt conventions providing for the rights of certain vulnerable groups and establishing mechanisms to verify State compliance. Other groups have not been the focus of States’ standard-setting endeavours, but their protection still falls within the scope of human rights treaties of general application and the mandate of their respective monitoring bodies. This book takes an innovative approach to the investigation of the international legal protection of vulnerable groups. Rather than examining the situation of a number of vulnerable groups and applicable international or regional conventions, this book reviews the overall scope of the protection of vulnerable groups under International Human Rights Law. This book conceptualizes the protection of vulnerable groups as an underlying and essential component of International Human Rights Law through a systematic and comprehensive analysis of international human rights law instruments and relevant practice of international and regional human rights monitoring bodies. The book illuminates how human rights monitoring bodies foster protection of vulnerable groups and their members at the domestic level, and underscores and assesses vulnerability paradigms these bodies have elaborated. The book also puts forward a legal definition of vulnerable groups. This book will be of great interest to students and scholars of international human rights law.