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
Related Articles
- EP ID EP443463
- DOI -
- Views 79
- Downloads 0
Foreign and international experience of anti-corruption activities in the context of the public policy on the prevention and fight against corruption within Ukraine
Foreign and international experience application in the field of anti-corruption ctivities still should be reviewed in the context of public policy on prevention and combating corruption in Ukraine. Related problems have...
Smuggling of endangered species of fauna through the checkpoints between Poland and Ukraine
In the article, smuggling peculiarities of endangered species of fauna through border crossing points between Poland and Ukraine have been analyzed. The article highlights the chronology of European Union accession to...
Acquis communautaire from European consumer law
Presently, one of the most developed branches of EU law is consumer law. To improve the efficiency of consumer contract law conduct the harmonization of 28 Member States legislations. The European legislator considers...
The objective aspect of non-execution of a court decision under the legislation of the European Union states
In foreign countries, approaches to the concept of crime, the composition of the crime, the objective side of the crime, the signs of the objective side differ from similar ideas of the Ukrainian school of criminal law....
Institute of surrogate motherhood: problems of collision norms
This article deals with the problems of surrogacy in international private law. The author is analyzing specific case examples and emphesizing significant diversity in national laws governing surrogacy. Surrogacy arran...