Implementing Article 12 of the UN Convention on the Rights of the Child

Rebecca Thorburn Stern, LL.D. (2006), Uppsala University, is Associate Professor of International Law at that university. She has published widely on children’s rights and migration law, with particular focus on the implementation of international law on the domestic level.

• ForewordAcknowledgmentsList of abbreviations1 Setting the Scene1.1 Introduction1.2 Introducing Core Concepts of the crc1.3 The Challenge of Implementation as Reality and as the Topic of This Study1.4 Objectives, Focus Areas and Outline1.4.1 Objectives and General Outline1.4.2 On the Focus on Tradition, Attitudes and ‘culture’1.4.3 On the Focus on Sweden1.4.4 Structure of the Book2 Concepts and Theories: On ‘the child’, ‘childhood’, and Rights2.1 Introduction2.2 ‘The child’ as an Object of Inquiry2.2.1 ‘The child’ in the crc2.2.2 Concepts of ‘the child’ and ‘childhood’ – Some Perspectives2.2.2.1 General Reflections2.2.2.2 ‘The child’ in Childhood Studies2.3 Brief Reflections on ‘the child’ and ‘childhood’2.4 The Child as a Rights Holder2.4.1 Why Rights?2.4.2 Do Children Really Have Rights?2.4.3 On the Foundations for the Rights of Children2.4.4 Remarks on the Justification of Children’s Rights3 Participation and Article 123.1 Introduction3.2 Participation as a Concept3.2.1 Identifying and Defining Participation3.2.2 Remarks on Participation3.3 Nature and Scope of Article 123.3.1 Introductory Remarks3.3.2 Brief Notes on the Background and Drafting Process3.3.3 Analysis of Article 123.3.3.1 Capability of Forming His or Her Own Views3.3.3.2 The Right to Express Views Freely3.3.3.3 All Matters Affecting the Child3.3.3.4 Giving the Views of the Child Due Weight in Accordance with the Child’s Age and Maturity3.3.3.5 The Right to Be Heard in Any Judicial or Administrative Proceedings Affecting the Child3.3.3.6 The Right to Be Heard Directly or through a Representative in a Manner Consistent with Procedural Rules of National Law3.3.4 Article 12 in Relation to Other crc Provisions3.3.4.1 Article 12 and Other ‘participation rights’3.3.4.2 Article 12 and the Other General Principles of the crc3.3.4.3 Article 12 and Article 5 on Parental Rights3.4 What is it about and Who is it For? Reflections on the Analysis of Article 124 Implementing Article 12: Procedures, Obstacles and Explanations4.1 Introduction4.2 General Measures of Implementation4.2.1 On Obligations, Requirements and Resources4.2.2 Legal Measures and Status of the crc in National Law4.2.3 Administrative and Other Measures4.3 Monitoring and Guidance4.4 Implementing Article 12 – State Practices as Described by States Themselves and by the crc Committee4.4.1 Background and the Previous Study4.4.2 Declarations by State Parties on Article 124.4.3 State Parties on Article 12 between May 2006 and May 20164.4.4 Concluding Observations by the crc Committee on Article 12 between May 2006 and May 20164.5 Concluding Comments5 Country Study: Sweden5.1 Sweden and Children’s Rights: An Amicable Relationship (?)5.1.1 Introduction5.1.2 Brief Notes on Background5.1.3 Status of the crc in Swedish Law5.1.4 Strategies and Policies5.1.5 Children’s Rights in Swedish Legislation: Some Examples5.2 Sweden and Article 12 in the crc Monitoring Process5.2.1 State Party Reports5.2.2 Responses and Comments by the crc Committee5.3 Focus: The Asylum-seeking Child5.3.1 In Theory: Legislation, Guidelines and Policy5.3.2 In Practice: Studies on Implementation5.3.3 Comments5.4 Focus: Child Participation in Public Decision-making5.4.1 In Theory: Strategies, Legislation, and Policies5.4.2 In Practice: Mixed Reviews5.4.3 Comments5.5 Final Reflections on Article 12 in the Swedish Context6 Concluding Reflections6.1 Key Observations6.2 On Traditional Attitudes and Power6.2.1 Universality and Legitimacy6.2.2 State Parties, the crc Committee, and Traditional Attitudes6.3 On Moving Forward6.4 Final ReflectionsBibliographyIndex