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General legislative measures of implementation: individual claims, ‘public officer’s law’ and a case study on the UNCRC in Wales

Jane Williams Orcid Logo

The International Journal of Children's Rights, Volume: 20, Issue: 2, Pages: 224 - 240

Swansea University Author: Jane Williams Orcid Logo

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Abstract

The article is concerned with integration of the UNCRC within national legal systems and with different approaches to general legislative measures of implementation at different levels of governannce. Whilst the UN Committee on the Rights of the Child rightly attaches importance to justiciability of...

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Published in: The International Journal of Children's Rights
ISSN: 0927-5568 1571-8182
Published: Leiden Brill 2012
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URI: https://cronfa.swan.ac.uk/Record/cronfa8424
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Abstract: The article is concerned with integration of the UNCRC within national legal systems and with different approaches to general legislative measures of implementation at different levels of governannce. Whilst the UN Committee on the Rights of the Child rightly attaches importance to justiciability of the provisions of the Convention, equally important for many of the UNCRC’s provisions are strong parliamentary and administrative mechanisms which do not depend on an individual claim of rights violation.Advantages of such mechanisms include greater opportunities for deliberative engagement and for measurement of impact on the lives of children. The article considers the Rights of Children and Young People (Wales) Measure 2011 as a legislative model for such a mechanism. It explores the key role played by non governmental organisations in the development of the Measure and their importance for its successful operation in practice.
Keywords: UNCRC; General measures of implementation; incorporation in national legal system; judicial enforcement, accountability, devolution, multi-level governance, Rights of children and Young Persons (Wales) Measure 2011
College: Faculty of Humanities and Social Sciences
Issue: 2
Start Page: 224
End Page: 240