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Ratification by the United States of the Convention on the Rights of the Child: Pros and Cons from a Child's Rights Perspective


Annals, Vol.633 pp.80-243, 2011 [Periódico revisado por pares]

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  • Título:
    Ratification by the United States of the Convention on the Rights of the Child: Pros and Cons from a Child's Rights Perspective
  • Assuntos: Automatically; International; Opportunities; Entitlements; Ratification; Development; Elimination; Effectively; Provisions; Unparented; Civil Rights Law; Constitutional Law; Criminal Law & Procedure; Education Law; Family Law; Governments; International Law; International Trade Law
  • É parte de: Annals, Vol.633 pp.80-243, 2011
  • Descrição: ... Keywords: Convention on the Rights of the Child (CRC); ratification; international; transracial; intercountry; adoption United States ratification of the Convention on the Rights of the Child (CRC) holds both positive and negative potential for children. ... Instead, the emphasis is on parents' rights to make decisions related to their children and on states' rights to protect children's best interests, with states limited in their ability to do so by parents' rights. ... Many believe strongly in the current U.S. emphasis on adults' rights, arguing that it serves children's interests better than would a new emphasis on valuing children's rights equally. ... The CRC would push in the direction of interpreting such law in ways that give less deference to parent rights to control their children free from state intervention and more deference to children's rights to grow up with nurturing parents, whether biological or adoptive. ... This imbalance in constitutional rights affects the entire structure of child protective systems, significantly limiting state power to protect children against abuse and neglect, and state power to move children from unfit parents into nurturing adoptive homes. ... Courts in some countries have recognized that the subsidiarity provisions are inconsistent with the CRC's core principles, including principles that make central children's rights to a nurturing family; protect children against the harms characteristic of institutional care; and make children's best interests primary, and indeed "paramount" in the language of Article 21 itself. ... UNICEF and others have cited the CRC when arguing that countries must impose extensive restrictions on international adoption, including moratoria in response to any adoption abuses; extensive waiting periods for children before international adoption can be considered so as to explore in-country options, which generally do not exist; and the banning of private intermediaries that often function as the lifeblood of such adoptions (Bartholet 2010).
  • Idioma: Inglês

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