Ariel L. Bendor

The UN Convention on the Rights of the Child Meets the American Constitution: Towards a Supreme Law of the World

A common contention among proponents of American ratification of the international Convention on the Rights of the Child (CRC) is that the ratification is necessary in order to protect children from paternal and governmental oppression. The opponents of ratification typically contend that it will lead toward a breach of US sovereignty while harming both family values and interests of children. The authors argue that the impact of CRC ratification upon American law will probably be much less radical than both antagonists and protagonists presume. The moderate and temperate approach of the Convention replicates the similar ambiguity and ambivalence that characterize the domain of children rights under current American law. The fact that a few of the CRC articles stand contrary to American laws should not prevent its ratification by the United States. Yet, the Article maintain that even though the CRC is not anticipated to have a significant effect on internal American law, the American refraining from ratification of the Convention may carry undesirable consequences concerning the rights of children in the global context.

The Constitutional Status of Human Dignity in Germany and Israel

This article applies comparative law tools to portray eight significant aspects of the constitutional right to human dignity in Germany and Israel. The elements considered are: the constitutional status of human dignity; the nature of the right; its effect on other constitutional rights; its scope and definition; waiver of human dignity; human dignity after death; negative and positive aspects of the right; and the right to asylum. The textual foundations of the respective constitutional guarantees are as different as human dignitys core meaning. In Germany, such guarantees are held to be absolute, immune to restriction, and therefore quite narrow in scope. In Israel, the scope of the right is much broader, but it is subject to limitations when placed against the public interest. Still, based on the findings of our comprehensive comparison, similar dynamics can be identified in Germany and Israel The constitutional coverage of both absolute and relative principles is broad, as are the constitutional lacunas, which are those dimensions of constitutional law neglected by the written constitution.