Child Rights in Europe: Convergence and Divergence in by Geraldine Van Bueren

By Geraldine Van Bueren

This quantity analyses the effectiveness of the judicial defense of kid's rights inside of one neighborhood agency, the Council of Europe. the problem of kid's defense is of accelerating value in Europe and the courts have hence develop into one of many capacity for reworking social values and influencing conventional behavior in the direction of young ones.

The volume to which universal criteria were built by means of the courts in enforcing kid's rights is tested either from the viewpoint of the eu courtroom of Human Rights and the judgments of the top nationwide courts in the Member States of the Council of Europe. additional research is made from the Council of Europe's Social constitution and the reviews of the eu Committee for the Prevention of Torture and Inhuman or Degrading remedy or Punishment.

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Extra resources for Child Rights in Europe: Convergence and Divergence in Judicial Protection (Europeans and Their Rights)

Sample text

85 Article 14, however, was drafted to be used only in conjunction with a violation of the other rights in the European Convention. Both Article 14 and Protocol No. 12 offer much potential to children as the grounds of discrimination are open-ended: the list is only indicative, as the words “or other status” implies. 86 The express grounds also include race, religion and sex and national or social origin and birth, and children, who may be doubly discriminated against because of their age and because of their membership of another group, are able to fall within the protection of the European Convention’s non-discrimination articles.

Article 1, paragraph 1. 138. Article 2, paragraph c. 139. See, for example, the Hague Convention on Civil Aspects of International Child Abduction 1980 and the European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children 1980, where a child is defined for the purposes of the conventions as being under 16.

77 Indeed such a lack of certainty, which some may regard as flexibility and as a virtue, is essential in the case-by-case approach, which the best interest standard requires. 78 This would make its application by the European Court of Human Rights appear less arbitrary and divergent. One of the fundamental 75. K. and T. v. Finland (No. 2) [2001] FLR, 2, 707, paragraphs 81-83 and 155. 76. Hokkanen v. Finland, Series A, No. 299A (1995) EHRR, 19, 139, paragraph 55. 77. Mnookin, “Child custody adjudication: judicial functions in the face of indeterminacy”, Law and Contemporary Problems, 1975, 226.

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