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
6 - The United Kingdom
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
This chapter analyses the indirect judicial application of the Convention on the Rights of the Child (the Convention) in the United Kingdom, a dualist legal system where the Convention has not been fully incorporated through legislation. Although the courts have somewhat engaged with the Convention through the traditional methods (statutory interpretation and the development of the common law), the Convention has been given effect overwhelmingly in the context of the Human Rights Act 1998 (the HRA), and implicitly of the European Convention on Human Rights and Fundamental Freedoms 1951 (the ECHR). The joint application of the Convention with the HRA–ECHR tandem has been both a facilitating and an inhibiting factor in the judicial effect of the former. Like courts in other jurisdictions, UK courts have also applied the Convention in sui generis ways, diversifying thus the opportunities for its usage. The overlap between the Convention and other legal standards makes the assessment of its impact difficult, but it is clear that the application of the Convention is associated with a more child-sensitive judicial reasoning.
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- The UN Convention on the Rights of the Child and Domestic Courts , pp. 195 - 242Publisher: Cambridge University PressPrint publication year: 2025