To Incorporate the CRC or Not – Is this Really the Question?

To appear in: (2018) 22 International Journal of Human Rights

Edinburgh School of Law Research Paper No. 2018/29

22 Pages Posted: 21 Sep 2018

Date Written: September 21, 2018

Abstract

International human rights law maintains a patchy record of implementation in national systems. Tangible implementation is sporadic at best and ill-conceived at worst, with the middle ground affecting a demeanour of sustained non-commitment to human rights. International human rights treaties universally contain a call to States Parties to implement or give legal effect to the obligations found in the treaty text; the UN Convention on the Rights of the Child (CRC) is no different. Most states that made some effort to incorporate the Convention have been selective in implementing the obligations, opting for an á la carte selection of rights protection rather than the full menu of rights. This situation stems from a range of legal and political realities. The article examines the concept of incorporation by surveying examples of CRC implementation across a number of states. The aim is to contribute to current debates about the value of incorporation of the CRC.

Keywords: human rights, incorporation, children’s rights, UNCRC, treaty law, treaty bodies

Suggested Citation

McCall-Smith, Kasey L., To Incorporate the CRC or Not – Is this Really the Question? (September 21, 2018). To appear in: (2018) 22 International Journal of Human Rights, Edinburgh School of Law Research Paper No. 2018/29, Available at SSRN: https://ssrn.com/abstract=3253142

Kasey L. McCall-Smith (Contact Author)

University of Edinburgh School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

HOME PAGE: http://www.law.ed.ac.uk/people/kaseymccallsmith

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