Abstract
The European Convention on Human Rights (ECHR), formally the Convention for the Protection of Human Rights and Fundamental Freedoms, is a uniquely successful system for enforcing human rights, but it contains few references to children’s rights. The case law of the European Court of Human Rights is a rich source of human rights, which, at the same time, has been interpreted in a way that advances children’s rights. This chapter aims to explore the contribution of the European Court’s jurisprudence in this area; in particular, it considers the use of article 12 of the Convention on the Rights of the Child (CRC) to interpret the ECHR in the two areas of child access/custody and juvenile justice.
| Original language | English |
|---|---|
| Title of host publication | Litigating the Rights of the Child |
| Subtitle of host publication | The UN Convention on the Rights of the Child in Domestic and International Jurisprudence |
| Publisher | Springer Netherlands |
| Pages | 193-209 |
| Number of pages | 17 |
| ISBN (Electronic) | 9789401794459 |
| ISBN (Print) | 9789401794442 |
| DOIs | |
| Publication status | Published - 1 Jan 2015 |
Keywords
- ECHR
- Family law
- Interpretation
- Juvenile justice
- Litigation
- Participation