Rights of the Child

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Repatriating the Children of Foreign Terrorist Fighters and the Extraterritorial Application of Human Rights

UPDATE: The CRC admissibility decision referred to in the post is no longer publicly available via ODS. I am unsure as to why that’s the case. Readers can find it here. Now that we have all (sort of) recovered from the US elections, back to our regular programming: last week the UN Committee on the Rights of the Child published its views in a major case (L.H. et al v. France, communications No.79/2019 and No. 109/2019, CRC/C/85/D/79/2019–CRC/C/85/D/109/2019), finding that France (and, accordingly, other similarly situated states) had jurisdiction over children in Kurdish-controlled camps in Syria who are French nationals, and are there because of their parents’ involvement with ISIS. The upshot of the (unanimous) decision is that states of nationality have the positive obligation to protect the human rights of child nationals in the Syrian camps, despite the fact that these camps are under the control of a non-state armed group. And while the decision was nominally on the jurisdictional issue only, it is inevitable that the Committee will…

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COVID-19, the right to education and Bangladesh

The COVID-19 pandemic has brought in a paradigm shift in the understanding of human rights jurisprudence. Like many other human rights, the right to education is now continuously being rethought and renegotiated within the constant pulls of statist economic priorities and public health emergencies. In the context of Bangladesh, these pulls are rather strong. The pandemic has penetrated…

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African Court on Human and Peoples’ Rights Delivers Landmark Ruling on Women’s Rights and the Rights of the Child in Mali

Introduction On 11 May 2018 the African Court on Human and People’s Rights (‘the Court’) issued its ruling in the case of Association Pour le Progrès et la Défense des Droits des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v Mali. This is the first judgment of the…

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International Migration: Shared Commitment to Children’s Rights and Protection

On 17 November 2017, the Committee on the Rights of Child (CRC Committee) together with the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW Committee) published not one but two joint General Comments (JGCs) on the human rights of children in the context of international migration. This was a…

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A Response: The Child in International Refugee Law

I am grateful to each of the participants for engaging with The Child in International Refugee Law in such a thoughtful way. As all four contributions have identified, the central thesis of The Child in International Refugee Law is that the the Convention on the Rights of the Child (“CRC”) has a critical role…

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