RMIT University
Browse

International law as remedy: When the state breaches child protection statutes

journal contribution
posted on 2024-11-01, 09:40 authored by Judith BessantJudith Bessant
While legislative frameworks prescribe the legal obligations of the parents to protect and nurture their children, there is no equivalent legal framework requiring and sanctioning the conduct of agents of the state who act in loco parentis. In consequence some children continue to be ``at risk¿¿ and may even be in greater danger once the state has intervened. This is a problem that is not confined to one or two countries, but a matter of global concern that touches most developed and developing nations alike. In this article I ask what remedies are available for addressing this perennial problem and suggest that one option is to use the existing human rights framework embodied in the United Nations Convention on the Rights of the Child (UNCROC) which specifies the rights of children. I outline the reporting UN mechanisms and provide an example of how evidence and argument can be used as part of that reporting process with a view towards securing some of accountability.

History

Journal

Child and Youth Services

Volume

32

Issue

3

Start page

254

End page

275

Total pages

22

Publisher

Routledge

Place published

Philadephia, United States

Language

English

Copyright

© 2011 Taylor & Francis Group, LLC

Former Identifier

2006030466

Esploro creation date

2020-06-22

Fedora creation date

2012-10-05

Usage metrics

    Scholarly Works

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC