To incorporate the CRC or not – is this really the question?

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

International human rights law maintains a patchy record of implementation in national systems. Tangible implementation is sporadic at best and ill-conceived at worst, with the middle ground affecting a demeanour of sustained non-commitment to human rights. International human rights treaties universally contain a call to States Parties to implement or give legal effect to the obligations found in the treaty text; the UN Convention on the Rights of the Child (CRC) is no different. Most states that made some effort to incorporate the Convention have been selective in implementing the obligations, opting for an á la carte selection of rights protection rather than the full menu of rights. This situation stems from a range of legal and political realities. The article examines the concept of incorporation by surveying examples of CRC implementation across a number of states. The aim is to contribute to current debates about the value of incorporation of the CRC.
This chapter originally appeared as an article in a 2019 special issue of the International Journal of Human Rights.
Original languageEnglish
Title of host publicationHuman Rights Monitoring and Implementation
Subtitle of host publicationHow To Make Rights ‘Real’ in Children’s Lives
EditorsAndressa Gadda, Juliet Harris, E. Kay M. Tisdall, Elizabeth Millership, Ursula Kilkelly
PublisherRoutledge
Chapter7
ISBN (Print)9780367520694
Publication statusPublished - 30 Jun 2020

Keywords

  • UNCRC
  • child rights
  • human rights
  • incorporation

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