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Vol 21 No 11 Nov/Dec 2016

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The Child and the European Convention on Human Rights

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Ursula KilkellyUniversity of Wales, Swansea

ISBN13: 9781840147049
ISBN: 1840147040
Published: November 1999
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



Despatched in 6 to 8 days.

This study is an examination of the case law of the Commission and Court of Human Rights concerning children and their rights. The examination, including over 650 Strasbourg cases involving children, contains an additional element in its approach. The analysis is not undertaken from the usual article-by-article perspective familiar to scholars of the ECHR. Instead, given the almost universal status of ratification in international law, the UN Convention on the Rights of the Child - its provisions and principles - serves as a benchmark by which the decisions of the Commission and Court of Human Rights stand to be measured.

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Contents:
Part 1 The application of the Convention to children: background to the European Convention; the European Convention and children; non-discrimination; principles of interpretation; prospects.
Part 2 Definition and status of the child: the definition of the child; the status of the child; future challenges.
Part 3 Juvenile justice and detention: the scope of Article 5; deprivation of liberty; detention for the purpose of educational supervision; bringing a minor before a competent legal authority; the right to challenge the lawfulness fo detention; sentencing; the right to a fair trial; future challenges.
Part 4 Education: the scope of Article 2 of the first protocol; state discretion in education; the right to an effective education; the right to provide education; respect for parental convictions; the rights of linguistic minorities; the right to education - parent or child right?; future challenges.
Part 5 Identity: the origins of the child; recognition of family ties; access to birth information; nationality; the right to a name; future challenges.
Part 6 Participation rights: consultation with the child; representation and participation in civil cases; representation and participation in criminal proceedings; the child's right to complain to the European Court; freedom of expression; freedom of religion; freedom of assembly; future challenges.
Part 7 Life, health and health care: the right to life; the right to health care; the right to a healthy environment; health education; future challenges.
Part 8 Abuse and neglect: protection under Article 3; state responsibity for breaches of Article 3; protection under Article 8; remedies for abuse; treatment of victims in legal proceedings; future challenges.
Part 9 Definition and treatment of the family: definition of family; compatibility with Article 8; procedural safeguards implicit in family life; family assistance; future challenges.
Part 10 Immigrant and refugee children: family life in immigration cases; the compatibility of immigration measures with Article 8; expulsion and protection under Article 3; detention of refugee and immigrant children; procedural rights; rights of immigration and refugee children while in a Convention state; future challenges.
Part 11 Custody and contact: the right to complain to the European Court; custody and Article 8; contact and Article 8; respect for the views of the child; international child abduction; future challenges.
Part 12 Alternative care. (Part contents.)