The Convention on the Rights of the Child in Litigation Before the European Social Charter Committee and the European Court of Human Rights: «Why Then, Can One Desire Too Much of a Good Thing?»
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The aim of this article is to reflect on the role and contribution of the Convention on the Rights of the Child (CRC) to law itself through an outsourced interpretation and application of its provisions and inspiring principles within the European regional system of human rights protection. Indeed, the UN Convention has influenced both the European Social Charter Committee and the case law of the Strasbourg Court. The paper will highlight three ‘techniques’ through which such ‘cross-fertilisation’ is produced ranging from an explicit reference mostly used by the European Social Charter Committee according to the interpretative doctrine of the ‘living instrument’ to the method of metonymy, which passes through the reference to the best interest of the child and a mere indirect application of the New York Convention and the related applicative practice of the CRC Committee. The result of the analysis is only a partial alignment of the standards of protection of children.
- Convention of the Rights of the Child
- systemic integration
- European Court of Human Rights
- Committee of the European Social Charter