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The Law Library presents the complete text of the Protocols to the Convention on the Rights of the Child (United States Treaty) Updated as of 01/22/19 This ebook contains: - The complete text of the Protocols to the Convention on the Rights of the Child (United States Treaty) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
This in-depth text goes beyond the rhetoric of the debate on children’s rights and the Convention on the Rights of the Child, in particular, to provide a detailed examination of the impact that U.S. ratification of the Convention would have on U.S. law. The chapters have been written by leading children’s advocates and scholars with a general audience in mind, as the authors believe that it is important for all Americans to become informed about the Convention and about children’s rights in general. With a greater understanding of the substance of the Convention and children’s rights, readers will be better positioned to determine what the real issues are, what is simply rhetoric without any basis in fact or law, and how they can address the real issues in an effective manner in order to provide a better world for all children.
This in-depth text goes beyond the rhetoric of the debate on children’s rights and the Convention on the Rights of the Child, in particular, to provide a detailed examination of the impact that U.S. ratification of the Convention would have on U.S. law. The chapters have been written by leading children’s advocates and scholars with a general audience in mind, as the authors believe that it is important for all Americans to become informed about the Convention and about children’s rights in general. With a greater understanding of the substance of the Convention and children’s rights, readers will be better positioned to determine what the real issues are, what is simply rhetoric without any basis in fact or law, and how they can address the real issues in an effective manner in order to provide a better world for all children.
Abstract: In 1989, the United Nations implemented the U.N. Convention on the Rights of the Child (CRC), the most innovative and comprehensive treaty on children's rights ever enacted. To date, only two nations have not ratified the CRC: United States and Somalia, the latter of which has no recognized government. Ironically, the United States played a prominent role in drafting the CRC even though it chooses not to ratify. The rationalist camp of international relations scholars would explain this disparity by advancing a state interest perspective on international law. The first part of my thesis will illustrate the rationalist argument- international law is simply a product of states perusing their own interests on the international stage- as well as discuss rationalist's reflections on the legitimacy of international law (Goldsmith Posner 1998). In the second part of my thesis, my attention turns away from the CRC and towards the Convention of the Rights of the Child Optional Protocols: the Optional Protocol on the Sale of Child, Child Prostitution, and Child Pornography and the Optional Protocol on the Involvement of Children in Armed Conflict. Both Protocols, separate treaties from the CRC, were enacted by the U.N. in 2000. In July of 2002, the United States ratified both Protocols with unanimous advice and consent from the Senate. The United States' significant break from its non-ratification stance on the CRC produces an interesting puzzle: why would ratification of the CRC be against United States' national interest but not the CRC's supplementary Protocols? This puzzle provides counter-evidence to the rationalists' approach of international law. I argue that the United States' decision to ratify the Optional Protocols demonstrates that international law is more than a states' pursuit of their national interests. Using the U.S. ratification decision as support, I advance acculturation as the mechanism responsible for influencing state behavior (Jinks and Goodman 2004). This positive, more normative view of international law is subsidiary development of constructivism, a scholarly camp contrary to rationalism. At the conclusion of my thesis is a brief discussion reflecting on the legitimacy of international law coinciding with a belief in acculturation.
The Law Library presents the complete text of the Optional Protocol No. 1 to Convention on Rights of the Child on Involvement of Children in Armed Conflict (United States Treaty) Updated as of 01/22/19 This ebook contains: - The complete text of the Optional Protocol No. 1 to Convention on Rights of the Child on Involvement of Children in Armed Conflict (United States Treaty) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure
"The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.
In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.
The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict and the Sale of Children, Child Prostitution and Pornography. It offers a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.