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Research On The Practice Of Reservations To CRC

Posted on:2018-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y L YangFull Text:PDF
GTID:2416330515966274Subject:Law
Abstract/Summary:PDF Full Text Request
Children are important force to promote the development of the society,and the healthy growth of children is related to the development of the country.The level of protection of the rights of the child can measure the progress of the society.There are many conventions on the protection of the rights of the child,the Convention on the Rights of the Child is undoubtedly the most important.It provides the basic principles for the protection of the rights of children,and provides legislation guidelines for the protection of the child in various countries,which is widely recognized by the international community.The signing and ratification of the Convention by States signifies a new dimension in the protection of the rights of the child,but the State party5s reservation to the treaty has weakened the protection of the rights of the child.Although Convention on the Rights of the Child provides that States parties may propose reservations consistent with the object and purpose of the Convention,it doesn?t specify which terms relating to the object and purpose of the treaty,which makes the practice of reservations by a number of States raising objections from other States parties.It is important to study the reservation practice of The Convention on the Rights of the Child and to analyze whether the reservations are reasonable or not.And it is of great significance for perfecting the relevant theoretical research and enhancing the welfare of the children by proposing whether the reservation country should withdraw the reservation.The principle of non-discrimination is the first principle of The Convention on the Rights of the Child.Making reservations on the ground of domestic law which is not prohibited by the Convention,but States should avoid vague reservations and state the reasons as far as possible.The principle of protecting the child' s right to life,survival and development is another important principle of The Convention on the Rights of the Child,which is essential for the survival and development of children.As the definition of the child in the Convention is unclear,the State party' s reservation to that article does not appear to be prohibited,but with the development of social economy and the gradual liberalization of population policies,it is worth recalling the reservation to that article.Adoption systems related to the healthy growth of children were recognized by most countries,but many Islamic countries had reservations about provisions that covered the regime.The Convention has endorsed the Kafalah of Islamic law and article 21 is aimed at States that recognize and permit adoption systems and that the formulation of reservations on the basis of Islamic law is not necessary and should be withdrawn.Through the study of the practice of reservations by the State party to The Convention on the Rights of the Child,finding existing problems and giving corresponding recommendations,which have positive significance for the protection of the rights of the child.
Keywords/Search Tags:The Convention on the Rights of the Child, reservations to treaty, non-discrimination, right to life, adoption
PDF Full Text Request
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