USА: the problems of ratification Convention on the Rights of the Child (1989)
Journal Title: Альманах міжнародного права - Year 2016, Vol 11, Issue
Abstract
The article been investigate the issue, why the United States don’t want to ratify the Convention on the Rights of the Child (1989). Unwillingness to ratify the Convention was due the peculiarities of the national mechanism of the protection of human rights and the protection of the rights children, the peculiarities of the legal regulation protection of the human rights and child rights. This protection is associated with the juridical review of the Supreme Court of USA. In 1988, 2005, 2010, 2012 the Supreme Court of USA was adopt the decision about the rights of the minors offenders in the criminal process and practically made a provision of national law such that national law is agreed with certain provisions Convention on the Rights of the Child (1989). Opponents of ratification of the Convention on the Rights of the Child (1989) argue, that american mechanism to protect the rights of the child is functioning properly and effectively, therefore the United States don’t need to ratify the international treaties in this sphere. The prob- lem of the ratifying the Convention (1989) explained by the peculiarities of legal regulation in the United States, because the states have broad powers in addressing local issues. This applies to matters of criminal law and criminal procedure.
Authors and Affiliations
О. М. РИГІНА
Keywords
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