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p. iAdvanced Introduction to Children’s Rights

p. iiElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

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Children’s Rights

Gamze Erdem Türkelli and Wouter Vandenhole

p. iiiAdvanced Introduction to

Children’s Rights

GAMZE ERDEM TÜRKELLİ

Assistant Research Professor in International Law, Human Rights and Sustainable Development, Law and Development Research Group, University of Antwerp, Belgium

WOUTER VANDENHOLE

Full Professor of Human Rights Law, Law and Development Research Group, University of Antwerp, Belgium

Elgar Advanced Introductions

Cheltenham, UK • Northampton, MA, USA

p. iv© Gamze Erdem Türkelli and Wouter Vandenhole 2022

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher.

Published by

Edward Elgar Publishing Limited

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Cheltenham

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Edward Elgar Publishing, Inc.

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Massachusetts 01060

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A catalogue record for this book

is available from the British Library

Library of Congress Control Number: 2022934395

This book is available electronically on Elgar Advanced Introductions: Law

www.advancedintros.com

ISBN 978 1 78990 027 9 (cased)

ISBN 978 1 78990 028 6 (eBook)

ISBN 978 1 78990 029 3 (paperback)

p. vContents

  • List of abbreviations vi

  1. 1Introduction to children’s rights 1
  2. 2Origins and development of children’s rights law 13
  3. 3Children’s rights law and non-legal approaches to children’s rights 32
  4. 4Equal rights of children 45
  5. 5Differentiated rights of children 80
  6. 6Special rights of children 102
  7. 7Future directions 127
  • Bibliography 134

  • Index 149

p. viAbbreviations

Abbreviation
Expansion
ACERWC

African Committee of Experts on the Rights and Welfare of the Child

ACHPR

American Convention on Human Right

ACRWC

African Charter on the Rights and Welfare of the Child

CAT

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

CEDAW

Convention on the Elimination of All Forms of Discrimination against Women

CEDAW Committee

Committee for the Elimination of All Forms of Discrimination Against Women

CESCR

Committee on Economic, Social and Cultural Rights

CMW

Committee on Migrant Workers

CP rights

civil and political rights

CRC

Convention on the Rights of the Child

CRC Committee

Committee on the Rights of the Child

CRPD

Convention on the Rights of Persons with Disabilities

CRPD Committee

Committee on the Rights of the Child

ECHR

European Convention on Human Rights

ECSR

European Committee of Social Rights

ECtHR

European Court of Human Rights

ESC rights

economic, social and cultural rights

p. xviiEU

European Union

FGM

female genital mutilation

GDPR

General Data Protection Regulation

HCCA

Hague Convention on the Civil Aspects of International Child Abduction

HRC

Human Rights Committee

IACmHR

Inter-American Commission on Human Rights

IACtHR

Inter-American Court of Human Rights

ICC

International Criminal Court

ICCPR

International Covenant on Civil and Political Rights

ICED

International Convention for the Protection of All Persons from Enforced Disappearance

ICERD

International Convention on the Elimination of All Forms of Racial Discrimination

ICESCR

International Covenant on Economic, Social and Cultural Rights

ICRMW

International Convention on the Protection of the Human Rights of All Migrant Workers and Members of their Families

ICT

information communication technology

IFIs

international financial institutions

ILO

International Labour Organization

LOIPR

List of Issues Prior to Reporting

MACR

minimum age of criminal responsibility

NGO

non-governmental organisation

NHRIs

National Human Rights Institutions

OPAC

Optional Protocol on the Involvement of Children in Armed Conflict

OPIC

Optional Protocol on a Communications Procedure

OPSC

Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

p. xviiiQoL

quality of life

RESC

Revised European Social Charter

SDGs

Sustainable Development Goals

UDHR

Universal Declaration of Human Rights

UK

United Kingdom

UN

United Nations

UNDRIP

UN Declaration on the Rights of Indigenous People

UNFCCC

United Nations Framework Convention on Climate Change

UNGA

United Nations General Assembly

UNICEF

United Nations Children’s Fund

US

United States

WHO

World Health Organization