The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict, and the Sale of Children, Child Prostitution and Pornography. It provides a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children, and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional, and domestic courts, academic and interdisciplinary scholarly analyses.
TABLE OF CONTENTS
Introduction: The Foundation for Children's Rights, John Tobin
1. Article 1: The Definition of a Child, David Archard and John Tobin
2. Article 2: The Right to Non-Discrimination, Samantha Besson and Eleonor Kleber
3. Article 3: The Best Interests of the Child, John Eekelaar and John Tobin
4. Article 4: A State's General Obligation of Implementation, John Tobin
5. Article 5: The Right to Parental Direction and Guidance and Consistent with a Child's Evolving Capacities, John Tobin and Sheila Varadan
6. Article 6: The Rights to Life, Survival and Development, Noam Peleg and John Tobin
7. Article 7: The Rights to Birth Registration, a Name, Nationality and to Know and Be Cared for by Parents, John Tobin and Florence Seow
8. Article 8: The Right to Preservation of a Child's Identity, John Tobin and Jonathan Todres
9. Article 9: The Right Not Be Separated from Parents, John Tobin and Judy Cashmore
10. Article 10: The Right to Family Reunification, Jason Pobjoy and John Tobin
11. Article 11: Protection Against the Illicit Transfer and Non-Return of Children Abroad, John Tobin with Nigel Lowe and Elliot Luke
12. Article 12: The Right to Respect for the Views of the Child, Laura Lundy, John Tobin and Aisling Parkes
13. Article 13: The Right to Freedom of Expression, John Tobin and Aisling Parkes
14. Article 14: The Right to Freedom of Thought, Conscience and Religion, Sylvie Langlaude Done and John Tobin
15. Article 15: The Rights to Freedom of Association and Peaceful Assembly, Claire Breen
16. Article 16: The Right to Protection of Privacy, Family, Home, Correspondence, Honour, and Reputation, John Tobin and Sarah M Field
17. Article 17: The Mass Media and Children, John Tobin and Elizabeth Handsley
18. Article 18: Parental Responsibilities and State Assistance, John Tobin and Florence Seow
19. Article 19: The Right to Protection against All Forms of Violence, John Tobin and Judy Cashmore
20. Article 20: Special Protection for Children Deprived of their Family Environment, John Tobin and Sara Dillon
21. Article 21: Adoption, Philip Alston, Nigel Cantwell, and John Tobin
22. Article 22: The Rights of Refugee Children, Jason Pobjoy
23. Article 23: The Rights of Children with a Disability, Bronagh Byrne
24. Article 24: The Right to Health, John Tobin
25. Article 25: The Right to Periodic Review, John Tobin
26. Article 26: The Right to Social Security, Malcolm Langford and Urfan Khaliq
27. Article 27: The Right to a Standard of Living Adequate for a Child's Development, Aoife Nolan
28. Article 28: The Right to Education, Christian Courtis and John Tobin
29. Article 29: The Aims of Education, Laura Lundy and John Tobin
30. Article 30: The Rights of Minority and Indigenous Children, Sonia Harris-Short and John Tobin
31. Article 31: The Rights to Rest, Leisure, and Play, Gerison Lansdown and John Tobin
32. Article 32: The Right to Protection Against Exploitative Child Labour, Philip Alston
33. Article 33: The Right to Protection from Narcotic Drugs and Psychotropic Substances, Damon Barrett and John Tobin
34. Article 34: Protection from Sexual Exploitation and Sexual Abuse, John Tobin
35. Article 35: Protection against the Abduction, Traffic and Sale of Children, Anne Gallagher
36. Article 36: Protection Against All Other Forms of Exploitation, John Tobin
37. Article 37: Protection against Torture, Capital Punishment, and Arbitrary Deprivation of Liberty, John Tobin and Harry Hobbs
38. Article 38: The Rights of Children in Armed Conflict, Mark Drumbl and John Tobin
39. Article 39: The Right To Reintegration, Chelsea Marshall and John Tobin
40. Article 40: The Rights of Children in the Juvenile Justice System, John Tobin with Cate Read
41. The Optional Protocol on Children and Armed Conflict, Mark Drumbl and John Tobin
42. The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, John Tobin
John TOBIN (ed.), The UN Convention on the Rights of the Child: A Commentary, Oxford, Oxford University Press, 2019 (1872 pp.)
How does the UN explain that it does not support application of right#6 to a child in the womb?
RépondreSupprimerSome stated rights come from socialist liberal ideology, not true rights. These are #2,7,10,24,26,27,28.