Deprivation of Liberty of Children in Light of International Human Rights Law and Standards

Doek, J.E. [Promotor

Kindvriendelijke rechtspraak☺ (Editorial)

Effective Protection of Fundamental Rights in a pluralist worl

Access to Justice for Children: Towards a Specific Research and Implementation Agenda

Although the UN Convention on the Rights of the Child recognises procedural rights of the child in addition to substantive rights, it is rather silent on the fundamental right to an effective remedy. The concept of access to justice for children has nevertheless emerged in the past decades and manifested itself firmly in the international human rights and sustainable development agendas. Access to justice is grounded in the right of the child to seek remedies in case of (alleged) rights violations. It implies legal empowerment of children and access to justice mechanisms and remedies that are child-sensitive. So far, access to justice, with a specific focus on children, lacks careful consideration, conceptualisation and contextualisation in academic research and writing. This contribution explores the meaning of access to justice for children, as a right and procedural concept, and paves the way for the development of a more specific research and implementation agenda.Effective Protection of Fundamental Rights in a pluralist worl

Onrechtmatige vrijheidsbeneming

Effective Protection of Fundamental Rights in a pluralist worl

Het belang van het kind en de hooggespannen verwachtingen van het IVRK: Pleidooi voor een kinderrechtenbenadering

Effective Protection of Fundamental Rights in a pluralist worl

Safeguarding the Dynamic Legal Position of Children: A Matter of Age Limits?

In this article a critical reflection upon age limits applied in the law is provided, in light of the tension that exists in international children’s rights law between the protection of children and the recognition of their evolving autonomy. The main research question that will be addressed is to what extent the use of (certain) age limits is justified under international children’s rights law. The complexity of applying open norms and theoretically underdeveloped concepts as laid down in the UN Convention on the Rights of the Child, related to the development and evolving capacities of children as rights holders, will be demonstrated. The UN Committee on the Rights of the Child struggles to provide comprehensive guidance to states regarding the manner in which the dynamic legal position of children should be applied in practice. The inconsistent application of age limits that govern the involvement of children in judicial procedures provides states leeway in granting children autonomy, potentially leading to the establishment of age limits based on inappropriate – practically, politically or ideologically motivated – grounds