Children Defending their Human Rights Under the CRC Communications Procedure On Strengthening the Convention on the Rights of the Child Complaints Mechanism /
This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children’s Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communicat...
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| Language: | English |
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Berlin, Heidelberg :
Springer Berlin Heidelberg : Imprint: Springer,
2015.
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| Edition: | 1st ed. 2015. |
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| Online Access: | https://doi.org/10.1007/978-3-662-44443-6 |
Table of Contents:
- Part I: Introduction to the Third Optional Protocol to the Convention on the Rights of the Child concerning a communications procedure: The Convention on the Rights of the Child Communication/ Complaints Procedure and the Convention General Implementation Articles
- Part II: Selected Weaknesses of the Convention on the Rights of the Child Optional Protocol on a Communications Procedure: The Inadmissibility of Collective Communications Under the OP3-CRC
- Reliance on the Best Interests of the Child Principle
- The Failure to Allow Communications Involving Jus Cogens Violations Where the Complaint is Against State Non-Parties to the OP3-CRC (Even if a State Party to the CRC and/or One or Both of the First Two Protocols to the CRC)
- Inter-State Communications under the OP3-CRC and the Requirement for an Opt In Declaration by the State Party
- Children’s Age and Adjudged Maturity vs. Legal Principle as Factors in Taking Children’s Views into Account in OP3-CRC Decision-Making
- Weaknesses in the OP3-CRC Provisions Regarding Inquiries, Friendly Settlements and Follow-Up
- Communications Concerning Violations of Children’s Economic, Social, or Cultural Rights
- Potential Obstacles Under OP3-CRC to Redress for Violation of Social and Cultural Rights: Case Examples Involving Indigenous Children
- Concluding Remarks and Summary.