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Europeans and their rights - Child rights in Europe

Europeans and their rights - Child rights in Europe (2008)

Géraldine Van Bueren

ISBN 978-92-871-6269-4
Type of document : Book
Format : Paper
Size : 16 x 24 cm
Language : English
Number of pages : 200

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Europeans and their rights - Child rights in Europe

Europeans and their rights - Child rights in Europe

This volume analyses the effectiveness of the judicial protection of children's rights within one regional organisation, the Council of Europe. The issue of children's protection is of increasing importance in Europe and the courts have therefore become one of the means for transforming social values and influencing traditional conduct towards children. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

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This volume analyses the effectiveness of the judicial protection of children's rights within one regional organisation, the Council of Europe. The issue of children's protection is of increasing importance in Europe and the courts have therefore become one of the means for transforming social values and influencing traditional conduct towards children. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

Acknowledgements

Preface by Maud de Boer-Buquicchio
Deputy Secretary General of the Council of Europe
Celebrating children's rights: a Council of Europe wish

Introduction

Chapter 1 - The fundamental legal principles of interpretation found in European constitutional and international case law

Section 1 - The inter-relationship between the European Convention on Human Rights and the regional and global treaties on children's rights

Limitations upon convergence - The approach of the European Court of Human Rights to the UN Convention on the Rights of the Child 1989

The approach of the European Court of Human Rights to the International Covenant on Civil and Political Rights 1966

The approach of the European Court of Human Rights to the revised European Social Charter 1996

The European Convention on the Exercise of Children's Rights 1996

The European Union and children's rights

Supportive convergence - The approach of the European Court of Human Rights to private international law treaties concerning children's rights

Section 2 - The fundamental principles underpinning child rights cases in Europe

Pushing and pulling in different directions - The best interests of the child and the margin of appreciation of states

The evolving capacities of the child

The principle of non-discrimination

Chapter 2 - The definition of childhood in Europe

Section 1 - Convergent and divergent approaches to the beginning of childhood

Section 2 - Minimum ages and the end of childhood

Chapter 3 - Child participation and autonomy

Section 1 - The right to respect for private life

Identity and respect for the child's private life

Physical integrity and respect for the child's private life

Section 2 - The right to freedom of thought, conscience and religion

The right of a child to choose a religion

Education in conformity with religious and other beliefs

Section 3 - The right to freedom of expression

Section 4 - The right to freedom of peaceful assembly and association

Children and the right to freedom of peaceful assembly

Children and the right to freedom of association

Section 5 - The right to freedom of movement

Chapter 4 - Child protection

Section 1 - The right to liberty and security

Children detained on remand

Detention for the purposes of educational supervision

Child deprivation of liberty - Post conviction

Section 2 - The right to a fair trial

The minimum age of criminal responsibility

The right of a child to a fair trial in criminal proceedings

Presumption of innocence

Diversions

The right of a child to a fair trial in civil proceedings

Section 3 - The right to respect for family life

The defi nition and ambit of family life

The child, immigration, refugee status and family life

Adoption, fostering and family life

Children and issues of access and custody

Placement of children in care

Chapter 5 - Child provision rights

Section 1 - The right to an effective remedy

Section 2 - The right to education

The child, education and resources

The quality of education

Education in conformity with religious and philosophical convictions

Educational dress

Chapter 6 - Prevention rights and children

Section 1 - The prohibition on torture, inhuman and degrading treatment and punishment

Judicial physical punishment and children

The relationship between Articles 3, 8 and 13

State responsibility for treatment and punishment in the private sphere

Educational physical punishment and children

Converging - The trend within the Council of Europe towards prohibiting all forms of child physical punishment

Child deprivation of liberty and the prohibition of torture, inhuman and degrading treatment and punishment

Child welfare and Article 3

Section 2 - The prohibition on slavery and forced labour

Contemporary child servitude

Children and light work

Child military service

Chapter 7 - Convergence and divergence: an overview

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