The UN Convention on the Rights of the Child: A Commentary
The UN Convention on the Rights of the Child: A Commentary
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Abstract
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.
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Front Matter
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Introduction: The Foundation for Children’s Rights
John Tobin
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Article 1
The Definition of a Child
David Archard andJohn Tobin
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Article 2
The Right to Non-Discrimination
Samantha Besson andEleonor Kleber
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Article 3
The Best Interests of the Child
John Eekelaar andJohn Tobin
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Article 4
A State’s General Obligation of Implementation
John Tobin
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Article 5
The Right to Parental Direction and Guidance Consistent with a Child’s Evolving Capacities
John Tobin andSheila Varadan
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Article 6
The Rights to Life, Survival, and Development
Noam Peleg andJohn Tobin
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Article 7
The Rights to Birth Registration, a Name, Nationality, and to Know and Be Cared for by Parents
John Tobin andFlorence Seow
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Article 8
The Right to Preservation of a Child’s Identity
John Tobin andJonathan Todres
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Article 9
The Right Not to Be Separated from Parents
John Tobin andJudy Cashmore
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Article 10
The Right to Family Reunification
Jason M Pobjoy andJohn Tobin
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Article 11
Protection against the Illicit Transfer and Non-Return of Children Abroad
John Tobin and others
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Article 12
The Right to Respect for the Views of the Child
Laura Lundy and others
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Article 13
The Right to Freedom of Expression
John Tobin andAisling Parkes
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Article 14
The Right to Freedom of Thought, Conscience, and Religion
Sylvie Langlaude Doné andJohn Tobin
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Article 15
The Rights to Freedom of Association and Peaceful Assembly
Claire Breen
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Article 16
The Right to Protection of Privacy, Family, Home, Correspondence, Honour, and Reputation
John Tobin andSarah M Field
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Article 17
The Mass Media and Children: Diversity of Sources, Quality of Content, and Protection against Harm
John Tobin andElizabeth Handsley
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Article 18
Parental Responsibilities and State Assistance
John Tobin andFlorence Seow
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Article 19
The Right to Protection against All Forms of Violence
John Tobin andJudy Cashmore
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Article 20
Special Protection for Children Deprived of Their Family Environment
John Tobin
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Article 21
Adoption
Philip Alston and others
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Article 22
Refugee Children
Jason M Pobjoy
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Article 23
Children with Disabilities
Bronagh Byrne
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Article 24
The Right to Health
John Tobin
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Article 25
The Right to Periodic Review
John Tobin andElliot Luke
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Article 26
The Right to Social Security
Malcolm Langford andUrfan Khaliq
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Article 27
The Right to a Standard of Living Adequate for the Child’s Development
Aoife Nolan
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Article 28
The Right to Education
Christian Courtis andJohn Tobin
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Article 29
The Aims of Education
Laura Lundy andJohn Tobin
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Article 30
Cultural, Linguistic, and Religious Rights of Minorities and Indigenous Children
Sonia Harris-Short andJohn Tobin
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Article 31
The Right to Rest, Leisure, Play, Recreation, and Participation in Cultural Life and the Arts
Gerison Lansdown andJohn Tobin
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Article 32
The Right to Protection from Economic Exploitation
Philip Alston
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Article 33
Protection from Narcotic Drugs and Psychotropic Substances
Damon Barrett andJohn Tobin
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Article 34
Protection from Sexual Exploitation and Sexual Abuse
John Tobin andFlorence Seow
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Article 35
Protection against the Abduction, Traffic, and Sale of Children
Anne Gallagher
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Article 36
Protection against All Other Forms of Exploitation
John Tobin
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Article 37
Protection against Torture, Capital Punishment, and Arbitrary Deprivation of Liberty
John Tobin andHarry Hobbs
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Article 38
The Rights of Children in Armed Conflict
Mark Drumbl andJohn Tobin
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Article 39
The Right to Reintegration and Recovery
John Tobin and andChelsea Marshall
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Article 40
The Rights of the Child in the Juvenile Justice System
John Tobin andCate Read
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The Optional Protocol on Children and Armed Conflict
Mark Drumbl andJohn Tobin
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The Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography
John Tobin
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End Matter
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