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

Kasey McCall-Smith

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

Research output: Chapter in Book/Report/Conference proceeding › Chapter (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 language	English
Title of host publication	Human Rights Monitoring and Implementation
Subtitle of host publication	How To Make Rights ‘Real’ in Children’s Lives
Editors	Andressa Gadda, Juliet Harris, E. Kay M. Tisdall, Elizabeth Millership, Ursula Kilkelly
Publisher	Routledge
Chapter	7
ISBN (Print)	9780367520694
Publication status	Published - 30 Jun 2020

Keywords

UNCRC
child rights
human rights
incorporation

Cite this

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title = "To incorporate the CRC or not – is this really the question?",

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 {\'a} 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.",

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author = "Kasey McCall-Smith",

year = "2020",

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editor = "Andressa Gadda and Harris, {Juliet } and Tisdall, {E. Kay M. } and Millership, {Elizabeth } and Kilkelly, {Ursula }",

booktitle = "Human Rights Monitoring and Implementation",

publisher = "Routledge",

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To incorporate the CRC or not – is this really the question? / McCall-Smith, Kasey.

Human Rights Monitoring and Implementation : How To Make Rights ‘Real’ in Children’s Lives. ed. / Andressa Gadda; Juliet Harris; E. Kay M. Tisdall; Elizabeth Millership; Ursula Kilkelly. Routledge, 2020.

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