Book contents
- The UN Convention on the Rights of the Child and Domestic Courts
- The UN Convention on the Rights of the Child and Domestic Courts
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The CRC and the Courts
- 3 France
- 4 Australia
- 5 South Africa
- 6 The United Kingdom
- 7 The Judicial Application of the CRC
- 8 Looking to the Future of Judicial Application of the CRC
- Bibliography
- Index
7 - The Judicial Application of the CRC
From Formal Reception to Legal Effect
Published online by Cambridge University Press: 09 January 2025
- The UN Convention on the Rights of the Child and Domestic Courts
- The UN Convention on the Rights of the Child and Domestic Courts
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The CRC and the Courts
- 3 France
- 4 Australia
- 5 South Africa
- 6 The United Kingdom
- 7 The Judicial Application of the CRC
- 8 Looking to the Future of Judicial Application of the CRC
- Bibliography
- Index
Summary
Drawing from the case studies on the judicial application of the Convention on the Rights of the Child (the Convention) in France, Australia, South Africa, and the United Kingdom, this chapter argues that albeit fundamentally different in form, the direct and the indirect application of the Convention, respectively, produce similar effects. Both permit a meaningful engagement with the Convention and the development of child-sensitive reasoning. The chapter highlights that alongside the traditional methods of engagement with the Convention, courts have applied it in a sui generis manner. This demonstrates that the traditional reception rules are unable to capture the diversity of courts’ interaction with the Convention. The chapter discusses the factors that influence the courts’ application of the Convention and highlights the importance of the domestic structure of reception for the judicial application of the Convention. The chapter also concludes that article 3(1) of the Convention has been a favourite of the courts, who see it as a rich repository of legal principles and standards that allow them to justify a distinct legal treatment for children.
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- The UN Convention on the Rights of the Child and Domestic Courts , pp. 243 - 287Publisher: Cambridge University PressPrint publication year: 2025