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England and Wales

Jane Williams Orcid Logo

Litigating the Rights of the Child

Swansea University Author: Jane Williams Orcid Logo

Abstract

This chapter is part of a significant volume which will advance academic study of children and young people's human rights. It compares and contrasts the ways in which the internationally recognised human rights obligations, partiuclarly the UNCRC, are being used in litigation in different coun...

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Published in: Litigating the Rights of the Child
ISBN: 978-9401794442
Published: Springer 2014
URI: https://cronfa.swan.ac.uk/Record/cronfa19541
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first_indexed 2014-11-26T02:56:49Z
last_indexed 2021-06-24T02:33:22Z
id cronfa19541
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spelling 2021-06-23T09:11:25.3533717 v2 19541 2014-11-25 England and Wales d8e8d7e8bfa098e1b9408975f49afbb9 0000-0003-0467-2317 Jane Williams Jane Williams true false 2014-11-25 LAWD This chapter is part of a significant volume which will advance academic study of children and young people's human rights. It compares and contrasts the ways in which the internationally recognised human rights obligations, partiuclarly the UNCRC, are being used in litigation in different countries and legal systems. This chapter analyses the impact of the UN convention on the Rights of the child on litigation in England and Wales. It is argued in the chapter that although the UK has not yet legislated to incorporate the Convention in UK domestic law, there are various ways in which the Convention, like other unincorporated treaties, can influence the decisions of the courts. for example, by means of a rule of construction, by means of developing established legal notions and by absorption in to criteria for legality of administrative decision-making. the impact of the convention in England and Wales is demonstrated in a number of areas of both substantive and procedural law. These include areas where underlying policy considerations are not traditionally inclusive of children’s rights. However, judicial implementation can only deliver incremental change in response to such cases as reach the senior courts, and, in the Anglo-Welsh legal system, judicial deference to the legislature, and to executive agencies exercising statutory discretion, remains strong. It is thus argued that legislative incorporation is vital to deliver the necessary systemic changes. Reference is made to Wales, where a novel legislative model is in place, using the concept of ‘due regard’ to require the devolved administration to think proactively about implementation. The chapter concludes with the view that further progress in implementation will be enhanced by a combination of such legislative measures and effective enforcement mechanisms, including but not limited to litigation and judicial enforcement. Book chapter Litigating the Rights of the Child Springer 978-9401794442 human rights, UNCRc, children, child law, devolution, England and Wales, judicial enforcement, implementation 30 11 2014 2014-11-30 COLLEGE NANME Law COLLEGE CODE LAWD Swansea University 2021-06-23T09:11:25.3533717 2014-11-25T12:00:21.8824705 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Jane Williams 0000-0003-0467-2317 1
title England and Wales
spellingShingle England and Wales
Jane Williams
title_short England and Wales
title_full England and Wales
title_fullStr England and Wales
title_full_unstemmed England and Wales
title_sort England and Wales
author_id_str_mv d8e8d7e8bfa098e1b9408975f49afbb9
author_id_fullname_str_mv d8e8d7e8bfa098e1b9408975f49afbb9_***_Jane Williams
author Jane Williams
author2 Jane Williams
format Book chapter
container_title Litigating the Rights of the Child
publishDate 2014
institution Swansea University
isbn 978-9401794442
publisher Springer
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
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description This chapter is part of a significant volume which will advance academic study of children and young people's human rights. It compares and contrasts the ways in which the internationally recognised human rights obligations, partiuclarly the UNCRC, are being used in litigation in different countries and legal systems. This chapter analyses the impact of the UN convention on the Rights of the child on litigation in England and Wales. It is argued in the chapter that although the UK has not yet legislated to incorporate the Convention in UK domestic law, there are various ways in which the Convention, like other unincorporated treaties, can influence the decisions of the courts. for example, by means of a rule of construction, by means of developing established legal notions and by absorption in to criteria for legality of administrative decision-making. the impact of the convention in England and Wales is demonstrated in a number of areas of both substantive and procedural law. These include areas where underlying policy considerations are not traditionally inclusive of children’s rights. However, judicial implementation can only deliver incremental change in response to such cases as reach the senior courts, and, in the Anglo-Welsh legal system, judicial deference to the legislature, and to executive agencies exercising statutory discretion, remains strong. It is thus argued that legislative incorporation is vital to deliver the necessary systemic changes. Reference is made to Wales, where a novel legislative model is in place, using the concept of ‘due regard’ to require the devolved administration to think proactively about implementation. The chapter concludes with the view that further progress in implementation will be enhanced by a combination of such legislative measures and effective enforcement mechanisms, including but not limited to litigation and judicial enforcement.
published_date 2014-11-30T03:22:57Z
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