A Commentary on the United Nations Convention on the Rights by Ziemele, I.

By Ziemele, I.

This quantity constitutes a remark on Article 7 of the United international locations conference at the Rights of the kid. it's a part of the sequence, "A statement at the United countries conference at the Rights of the Child", which gives an editorial by means of article research of all sizeable, organizational and procedural provisions of the CRC and its non-compulsory Protocols. for each article, a comparability with similar human rights provisions is made, via an in-depth exploration of the character and scope of kingdom duties deriving from that article. The sequence constitutes an important instrument for actors within the box of kid's rights, together with teachers, scholars, judges, grassroots staff, governmental, non- governmental and foreign officials. The sequence is subsidized by means of the Belgian Federal technological know-how coverage workplace.

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Extra info for A Commentary on the United Nations Convention on the Rights of the Child, Article 7: The Right to Birth Registration, Name and Nationality, and the Right to Know and Be Cared for by Parents (v. 7)

Example text

Even if the drafters of the CRC did not anticipate problems with the right to registration and the right to a name, State practice shows that different historical and legal traditions have generated problems in this area. While as concerns registration of a child after birth, a State has a very limited margin of discretion, national particularities with regard to names may represent a different situation. It is clear, however, that there should not be any discrimination based on grounds of ethnicity, national origin or language, etc.

And . . Relevant International Instruments’ 57. The second part of Article 7 clearly refers to all rights provided for in part one of the article. This is confirmed by the use of the term ‘these rights’. Indeed, registration procedures should take into consideration particular features of a State. More centralized and urbanized States will have different procedures from the States where, for example, a nomadic life-style is still widely present. Whatever the situation is, the national law should provide adequate ways to ensure registration of a child immediately after birth, as required by the CRC.

89 The European Court of Human Rights when weighing interests of the anonymity of the mother who abandoned her child and that of a child to know the name of her mother decided in favour of the rights of the mother. The Court noted that the problem of anonymous birth is a complex one and there is no European consent on the best way to deal with it. The Court noted that the child was 38 when the proceedings took place. See ECtHR, Odièvre v. France, 15 January 2003, Judgments and Decisions 2003-III, paras.

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