T. Liefaard

Litigating the Rights of the Child

Springer-Verlag Gmbh Okt 2014, 2014. Buch. Book Condition: Neu. 23.5x15.5x cm. Neuware This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international childrens rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence...

Litigating the Rights of the Child: Taking Stock After 25 Years of the CRC

The 1989 UN Convention on the Rights of the Child (CRC) is the guiding legal framework for the development and implementation of legislation and policies concerning the human rights of children in 194 countries. This human rights treaty has contributed to universalising children’s rights globally and regionally. It has had significant impact on domestic legal systems throughout the world and on domestic legislation in particular. The CRC has also had an impact on domestic and international human rights jurisprudence, but due to the absence of global studies a clear picture of the extent and nature of this impact is lacking. This book is a first step in a process of systematically compiling and analysing international, regional and national jurisprudence concerning the rights of the child. This chapter presents the key findings and provides guidance on how to proceed from here.

Juveniles’ Right to Counsel During Police Interrogations: An Interdisciplinary Analysis of a Youth-Specific Approach, with a Particular Focus on the Netherlands

The right to counsel of juveniles at the stage of police interrogations has gained significant attention since the Salduz ruling of the European Court on Human Rights in 2008. The legislative and policy developments that have taken place since then and that are still ongoing – both on a regional (European) and domestic (Dutch) level – reveal a shared belief that juvenile suspects must be awarded special protection in this phase of the criminal justice proceedings. This calls for a youth-specific approach as fundamentally different from the common approach for adults. At the same time, there seems to be ambivalence concerning the justification and concrete implications of such a youth-specific approach. This article aims to clarify the underlying rationale and significance of a youth specific approach to the right to counsel at the stage of police interrogations on the basis of an interdisciplinary analysis of European Court on Human Rights case law, international children’s rights standards and relevant developmental psychological insights. In addition, this article aims to position this right of juveniles in conflict with the law in the particular context of the Dutch juvenile justice system and provide concrete recommendations to the Dutch legislator.