Children’s Rights Law in the Global Human Rights Landscape: Isolation, inspiration, integration?

327 Pages·2019·2.863 MB·English

by  Eva Brems, Ellen Desmet, Wouter Vandenhole

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Children’s Rights Law in
the Global Human Rights
Landscape: Isolation,
Inspiration, Integration?
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y Children’s rights law is often studied and perceived in isolation from the broader
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u field of human rights law. This volume explores the inter-relationship between
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7 children’s rights law and more general human rights law in order to see whether
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5 elements from each could successfully inform the other. Children’s rights law has
2 a number of distinctive characteristics, such as the emphasis on the ‘best interests
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1 of the child’, the use of general principles and the inclusion of ‘third parties’ (e.g.
at parents and other carers) in treaty provisions. The first part of this book questions

o] whether these features could be a source of inspiration for general human rights
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a law. In Part II, the reverse question is asked: could children’s rights law draw
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I inspiration from developments in other branches of human rights law that

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o focus on other specific categories of rights holders, such as women, persons with
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t disabilities, indigenous peoples or older persons? Finally, the interaction between
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rs children’s rights law and human rights law – and the potential for their isolation,
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v inspiration or integration – may be coloured or determined by the thematic
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U issue under consideration. Therefore, the third part of the book studies the
[ interplay between children’s rights law and human rights law in the context of
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b specific topics: intra-family relations, lesbian, gay, bisexual, transgender, queer or
d questioning (LGBTQI) marginalisation, migration, the media, the environment
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a and transnational human rights obligations.
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w Eva Brems is professor at the Human Rights Centre of Ghent University,
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D Belgium.
Ellen Desmet is assistant professor of migration law at the Law Faculty of Ghent
University, Belgium.
Wouter Vandenhole teaches human rights and holds the UNICEF Chair in
Children’s Rights – a joint venture of the University of Antwerp and UNICEF
Belgium – at the Faculty of Law of the University of Antwerp, Belgium.
Routledge Research in Human Rights Law
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y Available titles in this series include:
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7 Resolving Conflicts between Human Rights
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5 The Judge’s Dilemma
2 Stijn Smet
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t Human Rights Education and the Politics of Knowledge
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d The Istanbul Convention, Domestic Violence and Human Rights
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of Ronagh J.A. McQuigg
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si Children’s Rights Law in the Global Human Rights Landscape
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ve Isolation, inspiration, integration?
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y The Protection of Vulnerable Groups under International Human
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d Rights Law
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d Ingrid Nifosi-Sutton
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Freedom of Expression and Religious Hate Speech
You Can’t Say That!
Erica Howard
The Right to Food
From Sovereignty to Security
Kirsteen Shields
Business and Human Rights in Africa
History, Politics, Context and Emerging Trends
Uche Ewelukwa Ofodile
Children’s Rights Law
in the Global Human
Rights Landscape
Isolation, Inspiration, Integration?
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y Edited by
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J Eva Brems, Ellen Desmet and
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First published 2017
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2017 selection and editorial matter, Eva Brems, Ellen Desmet and
Wouter Vandenhole; individual chapters, the contributors
The right of the editors to be identified as the author of the editorial
material, and of the authors for their individual chapters, has been asserted
7 in accordance with sections 77 and 78 of the Copyright, Designs and
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0 Patents Act 1988.
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y All rights reserved. No part of this book may be reprinted or reproduced
l or utilised in any form or by any electronic, mechanical, or other means,
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J now known or hereafter invented, including photocopying and recording,
7 or in any information storage or retrieval system, without permission in
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5 writing from the publishers.
2 Trademark notice: Product or corporate names may be trademarks or
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1 registered trademarks, and are used only for identification and explanation
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t without intent to infringe.
a
] British Library Cataloguing in Publication Data
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h A catalogue record for this book is available from the British Library
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d Library of Congress Cataloging in Publication Data
I Library of Congress Cataloging-in-Publication Data
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o Names: Brems, Eva, editor. | Desmet, Ellen, editor. | Vandehole, Wouter,
y editor.
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i Title: Children’s rights law in the global human rights landscape :
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er isolation, inspiration, integration? / edited by Eva Brems, Ellen Desmet,
v and Wouter Vandehole.
i
n Description: Abingdon, Oxon [UK]; New York : Routledge, 2017. |
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Series: Routledge research in human rights law | Includes bibliographical
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y references and index.
b Identifiers: LCCN 2016056483 | ISBN 9781138639010 (hbk) |
d ISBN 9781315637440 (ebk)
de Subjects: LCSH: Children (International law) | Chidlren’s rights. |
a Convention on the Rights of the Child (1989 November 20) |
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l International law and human rights.
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w Classification: LCC K639. C483 2017 | DDC 341.4/8572—dc23
o LC record available at https://lccn.loc.gov/2016056483
D
ISBN: 9781138639010 (hbk)
ISBN: 9781315637440 (ebk)
Typeset in Galliard
by Keystroke, Neville Lodge, Tettenhall, Wolverhampton
Contents
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y Notes on Contributors ix
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0 Children’s rights law and human rights law:
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2 analysing present and possible future
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1 interactions 1
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at EVA BREMS, ELLEN DESMET AND WOUTER VANDENHOLE
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d PART I
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f The broader relevance of features of children’s
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y rights law 19
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ve 1 Distinctive characteristics of children’s human rights law 21
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U WOUTER VANDENHOLE
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b 2 The broader relevance of features of children’s rights law:
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e the ‘best interests of the child’ principle 37
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a HELEN STALFORD
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3 The four general principles of the United Nations
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Convention on the Rights of the Child: the potential
value of the approach in other areas of human rights law 52
LAURA LUNDY AND BRONAGH BYRNE
4 The inclusion of ‘third parties’: the status of parenthood
in the Convention on the Rights of the Child 71
ROBERTA RUGGIERO, DIANA VOLONAKIS AND KARL HANSON
vi Children’s rights in human rights law
PART II
Inspiration for children’s rights from categorical
human rights 91
5 Lessons for children’s rights from women’s rights?
Emancipation rights as a distinct category of human rights 93
EVA BREMS
6 Lessons for children’s rights from disability rights? 109
7 RALPH SANDLAND
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y 7 Inspiration for children’s rights from indigenous
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u peoples’ rights 129
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7 ELLEN DESMET
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: 8 What young and old can learn from each other: cross-
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1 fertilisation between existing human rights law for
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] a children and developing human rights law for older persons 146
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h ANN-KATRIN HABBIG, ALEXANDER HOEFMANS AND PAUL DE HERT
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o PART III
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t The interplay between children’s rights law and human
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r rights law in thematic areas 171
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U 9 Towards an integrated approach to intra-family relations
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y under the CRC and CEDAW: some reflections 173
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d TITIA LOENEN
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o 10 Children’s rights and LGBTI persons’ rights: some
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w thoughts on their ‘integration’ 192
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D IVANA ISAILOVIC
11 Undocumented migration: integrating the children’s
rights concept of nuanced vulnerability in human
rights law 210
JULIE RYNGAERT AND WOUTER VANDENHOLE
12 Children’s rights and media: imperfect but inspirational 231
EVA LIEVENS
Contents vii
13 Out of isolation: a claim for explicit attention for children
in the movement towards recognition of an environmental
right 251
DANIELLE VAN KALMTHOUT
14 Children’s rights in business and human rights: from the
sidelines to the centre field? 273
GAMZE ERDEM TÜRKELLİ
7 Index 302
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Notes on contributors
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y Eva Brems is senior full professor at the Human Rights Centre of Ghent
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u University. She teaches Advanced Study of Human Rights, Law and Gender
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7 (in Dutch) and Islam and the Law (in Dutch). The research of Professor Brems
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5 and her team covers numerous topics in domestic, international as well as
2 comparative human rights law. She is particularly interested in issues relating
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1 to justiciability of human rights and legal reasoning concerning human rights,
at as well as in dealing with diversity and gender. Professor Brems is the general
o] coordinator of the Interuniversity Attraction Pole ‘The Global Challenge of
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a Human Rights Integration: Towards a Users’ Perspective’.
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f Dr Bronagh Byrne is a lecturer in Social Policy at Queen’s University Belfast.
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y She is co-director of the Centre for Children’s Rights and co-chair of the
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si University’s Disability Research Network. Bronagh has expertise in inter-
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e national human rights law with a particular focus on the application of
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ni international human rights standards to local practice in relation to children’s
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rights and disability rights. She has completed a series of projects examining
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y the legal implementation of the United Nations Convention on the Rights
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d of the Child (UNCRC) both nationally and internationally. Her most recent
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d publications have included an examination of the right to inclusive education
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o in international law, the rights of children and young people with disabilities
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n and children’s rights in policy and practice.
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D Paul De Hert is full-time professor at the Vrije Universiteit Brussel (VUB),
associate professor at Tilburg University and director of the Fundamental
Rights and Constitutionalism Research Group (FRC) at VUB. After having
written extensively on defence rights and the right to privacy, De Hert now
writes on a broader range of topics including elderly rights, patient rights and
global criminal law. Paul De Hert is co-editor in chief of the Supranational
Criminal Law Series (Intersentia) and the New Journal of European Criminal
Law (Intersentia). He is editor in chief of the Flemish human rights journal
Tijdschrift voor Mensenrechten.
Ellen Desmet is assistant professor of migration law at the Law Faculty of Ghent
University. She teaches migration law, coordinates the migration law component