The law governing children’s rights is part of international human rights law and
therefore plays an important role in the protection of human rights. However, the
effectiveness of the protection of children’s rights depends on a State’s compliance with
children’s rights instruments and the implementation mechanisms within a given State.
There are implementation mechanisms for the protection of children’s rights at the
national, regional and international levels. The protection of children’s rights at these
three levels is provided for by children’s rights instruments. The monitoring of particular
implementation mechanisms with regard to children’s rights is effected by reporting
processes through State Parties to domestic institutions, regional, and international
organisations. The reports provided by States Parties must contain relevant information
with regard to measures that States Parties have taken to implement children’s rights
instruments.
Inadequate implementation mechanisms for the protection of children’s rights have
emerged as the greatest threat to the realisation of children’s rights. This means that
the adoption of children’s rights instruments may yield results only when effective
implementation steps are taken by the respective States Parties.
There are four “cornerstone” principles that underpin the protection of children’s rights.1
These are: non-discrimination; the best interest of the child; the right to life, survival and
development; and respect for the views of the child.2 This study will evaluate the right
to education and the best interests of the child principle as covered in children’s rights
instruments at regional and international levels.Education is a powerful tool in ensuring the protection and enjoyment of children’s
rights. Therefore, ineffective implementation of the right to education may have adverse
consequences for society. The best interest of the child principle is the guiding principle
in all matters concerning children’s rights.3 Therefore, the application and effectiveness of the best interests of the child principle will ensure adequate protection of children’s
rights. Further, the study will examine the right to education and the best interest of the
child in order to demonstrate how the United Nations (UN) and regional human rights
instruments have provided for their implementation.
Ratification of children’s rights instruments is a symbolic gesture on the part of States
Parties to the recognition and significance of protection of children’s rights. The
compliance with children rights instruments or treaty obligations is crucial to ensure
adequate protection of children’s rights. Thus, non-compliance with treaty obligations
will have a negative impact on the protection of children’s rights.
The evaluation of the right to education and the best interests of the child principle will
be undertaken against the backdrop of children’s rights instruments. The children’s
rights instruments are provided for by the United Nations (UN) and regional human
rights systems. The dissertation will evaluate the right to education and the best
interests of the child principle within three regional systems, namely, the European
Union (EU), the Organisation of American States (OAS), and the African Union (AU).
It will also examine pertinent case law within the three regional systems. Finally, the
efficacy of implementation mechanisms for the enforcement of children’s rights will be
assessed. / Public, Constitutional, & International Law / LLM
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/10553 |
| Date | 06 1900 |
| Creators | Mpya, Maropeng Norman |
| Contributors | Shaik-Peremanov, Nazreen, Songca, Rushiella |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (ix, 144 leaves) |
| Rights | University of South Africa |
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