Abstract
This chapter provides a brief account of the application of the Convention on the Rights of the Child (CRC) by the French courts. It identifies the direct application of the CRC as a central aspect of the courts’ jurisprudence, and explores the position of the judicial and administrative courts in this regard. A notable feature of the courts’ application of the CRC is the frequent use of the principle of the best interests of the child. Selected decisions of the Constitutional Council illustrate the shortcomings of not having explicit constitutional protection for children’s rights and of not utilising the CRC in controlling the constitutionality of laws. A discussion of secret or anonymous births highlights the complex interaction between the CRC and the French legal system.
| Original language | English |
|---|---|
| Title of host publication | Litigating the Rights of the Child: The UN Convention on the Rights of the Child in Domestic and International Jurisprudence |
| Editors | Ton Liefaard, Jaap E. Doek |
| Place of Publication | Germany |
| Publisher | Springer |
| Pages | 123-138 |
| Number of pages | 16 |
| ISBN (Electronic) | 9789401794459 |
| ISBN (Print) | 9789401794442 |
| DOIs | |
| Publication status | Published - 2015 |
Keywords
- Convention on the Rights of the Child (1989 November 20)
- children (international law)
- children's rights