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Making Meaningful the Right to Appeal under the Convention on the Rights of the Child

Making Meaningful the Right to Appeal under the Convention on the Rights of the Child The un Convention on the Rights of the Child guarantees every child found to be in violation of the penal law a right to appeal from the finding and measures imposed to a higher and impartial authority or judicial body. Nevertheless, this provision garnered a number of reservations, many of which are still in force. This paper examines not only those countries that still refuse to recognise the right but also examines data suggesting that the right to appeal may be illusory even when no declaration or reservation was made. The paper argues for a change in the requirements for reporting information to the Committee on the Rights of the Child, whilst also making some suggestions to guarantee the right on the national level. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Children's Rights Brill

Making Meaningful the Right to Appeal under the Convention on the Rights of the Child

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-5568
eISSN
1571-8182
DOI
10.1163/15718182-02501001
Publisher site
See Article on Publisher Site

Abstract

The un Convention on the Rights of the Child guarantees every child found to be in violation of the penal law a right to appeal from the finding and measures imposed to a higher and impartial authority or judicial body. Nevertheless, this provision garnered a number of reservations, many of which are still in force. This paper examines not only those countries that still refuse to recognise the right but also examines data suggesting that the right to appeal may be illusory even when no declaration or reservation was made. The paper argues for a change in the requirements for reporting information to the Committee on the Rights of the Child, whilst also making some suggestions to guarantee the right on the national level.

Journal

The International Journal of Children's RightsBrill

Published: Jun 20, 2017

References