Children’s rights with disabilities and alternative care between universal and regional (Council of Europe) standards of protection
DOI:
https://doi.org/10.46941/2023.e1.15Schlagworte:
child, children’s rights, disabilities, alternative care, human rights, institutional careAbstract
The study deals with issues relating to alternative institutional care to which children, particularly children with disabilities, are subjected. In the case of these children, there is often a multiple 'sensitisation' situation - not only are they minors, but they are deprived of parental care and have intellectual or physical disabilities. The legal regulations for children in such situations will be presented. Soft-law guidelines representing demands for adoption and implementation at the national level will also be identified and discussed. A separate analysis will be made of the jurisprudence of the European Court of Human Rights on children in institutional care and how and to what extent this jurisprudence effectively influences the level of protection. In this aspect, particular attention will be paid to the issue of the vindication of violations of law violations by victims and the possible possibilities of making legal standing more flexible.
Literaturhinweise
Cantwell, N. and Holzscheiter, A. (2008) ‘Article 20: Children Deprived of Their Family Environment’ in Alen, A., Vande Lanotte, J., Verhellen, E., Ang, F., Berghmans, E. and Verheyde, M. (eds.) A Commentary on the United Nations Convention on the Rights of the Child. Leiden: Martinus Nijhoff Publishers, p. 6.
Glenn, M. A. (1997) The Convention on the Rights of the Child: International Law Support for Children. Westport: Greenwood Publishing.
Loucaides L. G. (2007) The European Convention on Human Rights: Collected Essays. Leiden, Boston: Brill; https://doi.org/10.1163/ej.9789004158832.i-273.
McBride, J. (2021) The Doctrines and Methodology of Interpretation of the European Convention on Human Rights by European Court of Human Rights. Strasbourg: Council of Europe Publishing.
Schabas, W. A. (2015) The European Convention on Human Rights: A Commentary, Oxford: Oxford University Press.
UN Committee on the Rights of the Child (CRC), General comment No. 7 (2005): Implementing Child Rights in Early Childhood, 20 September 2006, CRC/C/GC/7/Rev.1, Available at: https://www.refworld.org/docid/460bc5a62.html (Accessed: 31 January 2023).
UN Committee on the Rights of the Child (CRC), General comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (art. 31), 17 April 2013, CRC/C/GC/17, Available at: https://www.refworld.org/docid/51ef9bcc4.html (Accessed: 31 January 2023).
