The Way to Jade Mountain

Tobin, Daniel

doi:10.1353/man.2019.0067

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…51 and remedy provisions mean that the South Africa Constitution clearly meets the Committee's expectations in this respect. 52 It also appears to meet the standards set by the Venice Commission which has recommended that Council of Europe member states put in place efficient mechanisms, judicial and non-judicial, to remedy possible violations of children's rights. 53 Compared internationally, the children's rights provisions in the South African Constitution are impressive in both substance and enforceability.…”

Section: Implementation and Enforcement Of The Convention On The Righmentioning

confidence: 99%

Legal implementation of the UNCRC: lessons to be learned from the constitutional experience of South Africa

Kilkelly¹,

Liefaard²

2019

De Jure (Pretoria)

View full text Add to dashboard Cite

The UN Convention on the Rights of the Child ("CRC") is the leading international instrument recognising the human rights of children across all areas of their lives. Amid measures of legal incorporation, giving constitutional expression to children's rights represents a high watermark of legal protection. South Africa was an early mover in this space adopting a strong children's rights provision in the 1996 South Africa Constitution which made children's rights justiciable as part of a Bill of Rights. Over the last two decades, an empowered judiciary and an active community of legal advocates have combined to enable the South African Constitutional Court to create a body of case-law that has provided leadership globally in the recognition and enforcement of the constitutional rights of children. Against the backdrop of the Convention's 30 th anniversary and increased emphasis on the legal implementation of children's rights, this article reflects on the South African experience of using its Constitution to advance children's rights. Using South Africa as a case study, it considers how the potential associated with giving children's rights the highest status in a country's legal system can be maximised. It identifies the lessons to be learned from the South African experience before concluding with a reminder that however dynamic the development of children's rights law, the effectiveness of the CRC's implementation can only ever be measured by the extent to which it improves children's enjoyment of their rights. 1 Multiple edited collections have been published providing a wealth of analysis on the Convention's implementation. See for example, Tobin, J. (ed.

show abstract

Section: Implementation and Enforcement Of The Convention On The Righmentioning

confidence: 99%