The legal context for implementation of international law
Contents- The CRC Framework
- Wider Framework for Children’s Rights
- Key elements of a Children's Rights Based Approach to legislative reform
-
The legal context for implementation of international law
- Dualism Vs Monism
- Common law tradition
- Civil law tradition
- Islamic law and legal systems
- Mixed or Pluralist Legal Systems
- Legislative Reform in Unitary States Vs Federal States
- Legislative Reform in Devolved States
- General reflection on local and regional governments in the context of children’s right legislative reform
- Guidance of the CRC Committee on decentralisation, federalisation and delegation
Guidance of the CRC Committee on decentralisation, federalisation and delegation
According to the CRC Committee, decentralisation, federalisation and delegation do not in any way reduce the direct responsibility of States Parties to fulfil their obligations to all children within their jurisdiction, regardless of State structure.
The CRC Committee highlights that, in all circumstances, the State Party remains responsible for ensuring the full implementation of the CRC throughout territories under its jurisdiction.
In any process of devolution, States Parties have to make sure that the devolved authorities have the necessary financial, human and other resources necessary to discharge responsibilities for the implementation of the Convention.
The governments of States Parties must retain responsibility to require full compliance with the Convention by devolved administrations or local authorities and must establish permanent monitoring mechanisms to ensure that the Convention is respected and applied for all children within their jurisdiction without discrimination.
Further, there must be safeguards to ensure that decentralisation or devolution does not lead to discrimination in the enjoyment of rights by children in different regions.
Source: CRC GC 5, paras. 40-41.