The application of the United Nations Convention on the Rights of the Child by national courts

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The application of the United Nations Convention on the Rights of the Child by national courts

Type: Doctoral Thesis
Title: The application of the United Nations Convention on the Rights of the Child by national courts
Author: Couzens, M.M.
Issue Date: 2019-12-03
Keywords: Children's rights
The Convention on the Rights of the Child
International law
Domestic effect
Direct application
Indirect application
Domestic courts
Abstract: This thesis explores the application of the United Nations Convention on the Rights of the Child, 1989 (‘the CRC’) by domestic courts, in the light of the formal domestic rules which govern the relationship between international treaties and domestic law. The focus is on three legal systems – Australia, France and South Africa – purposefully selected to represent three different reception models: dualist, monist and hybrid respectively. The thesis demonstrates that the formal rules of reception are only a starting point for the courts, but do not always explain why, how and with what consequences the courts have given effect to the CRC. The courts have applied the CRC creatively, building on the strengths of their respective systems and sometimes compensating for potential vulnerabilities in the domestic reception framework. The thesis calls for, inter alia, a recognition of the complex position of the courts at the intersection between domestic and international law; and for a closer exploration of the added value of the Convention in relation to other legal instruments. It also encourages a dialogue between the CRC Committee and the courts in relation to the interpretation of the CRC. 
Promotor: Supervisor: Liefaard T., Sloth-Nielsen J.J.
Faculty: Law
University: Leiden
Handle: http://hdl.handle.net/1887/81090
 

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