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The Reception of International Law in the European Court of Human Rights$
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Magdalena Forowicz

Print publication date: 2010

Print ISBN-13: 9780199592678

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199592678.001.0001

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Child Rights

Child Rights

Chapter:
(p.107) III Child Rights
Source:
The Reception of International Law in the European Court of Human Rights
Author(s):

Magdalena Forowicz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592678.003.0004

This chapter discusses the reception of the Hague Convention on the Civil Aspects of International Child Abduction, the Hague Convention on Intercountry Adoption, the United Nations Convention on the Rights of the Child, and International Labour Convention No. 29 concerning Forced or Compulsory Labour in the case law of the Strasbourg bodies. The receptiveness of to international child rights law in the Strasbourg case law was impressive. The ECHR contains few specific references to child rights, and its general provisions needed to be adapted in order to meet the changing international standards. While Contracting States have an important margin of appreciation in family law and juvenile justice, this did not prevent the Court from referring and applying international child rights law. A different trend is apparent, however, in relation the sexual abuse and forced labour of children, where the Court relied on older or less specific international instruments.

Keywords:   child abduction, intercountry adoption, corporal punishment, sexual abuse, forced labour

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