At its 95th plenary session (8-9 March 2013) the Venice Commission decided to launch a study on “Children’s Rights in Constitutions” as a contribution to the Council of Europe Strategy for the Rights of the Child (2012-2015). The study is also designed as a response to a request made by the Committee on Social Affairs, Health and Sustainable Development of the Parliamentary Assembly, dated 25 March 2013, on “How can children’s rights be included in national constitutions with a view to thus promoting their effective implementation”.
INTRODUCTION GENERAL REMARKS THE GUIDING PRINCIPLES OF THE UNITED NATIONSCONVENTION ON THE RIGHTS OF THE CHILD INDIRECT CONSTITUTIONAL PROTECTION OF CHILDREN’S RIGHTS THROUGH INTERNATIONAL LAW
THE INCORPORATION OF THE CRC INTO THE DOMESTIC LEGAL ORDER
Direct and/or indirect effects of the CRC in the domestic legal order
Direct effect
Indirect effect
Reservations
International monitoring of the CRC
THE FUNDAMENTAL RIGHTS CHARTER AND THE PROTECTION OF CHILDREN’S RIGHTS
THE EUROPEAN CONVENTION ON HUMAN RIGHTS
BINDING NATURE OF THE CRC AND OF ART. 24 EU FRC ON PRIVATE ACTORS
Binding nature of the CRC on private actors
Binding nature of Art. 24 EU FRC on private actors
CONCLUSIONS ON INTERNATIONAL LAW
THE CONSTITUTIONAL PROTECTION OF CHILDREN’S RIGHTS IN EUROPE
CONSTITUTIONS THAT OMIT CHILDREN’S RIGHTS ALTOGETHER
CONSTITUTIONS THAT CONTAIN PROVISIONS ON CHILDREN OR THEIR RIGHTS IN SOME FORM
Scope of protection
Form of protection
Children as the object of special protection
Children as holders of rights
Delegation to the legislature
THE ENFORCEMENT OF CHILDREN’S RIGHTS PROVISIONS
Non-justiciability
Administrative remedies
Judicial remedies
CONCLUSIONS
