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Scope of Article 37(B), (C), (D)

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Chapter Summary

The drafting history reveals that the second sentence of Article 37(b) was subject of controversial debate in plenary working group. The CRC calls for the adoption of a context-oriented child-focussed approach to all measures affecting children directly or indirectly, taking into account the continuously evolving capacities of the child. This chapter adopts a 'child personal liberty perspective' on the Convention, and provides for a brief overview of CRC provisions interpreted in the specific context of deprivation of liberty. Article 37(b) straightforwardly obliges States Parties to ensure that: 'No child shall be deprived of his or her liberty unlawfully or arbitrarily. 'Lawful' addresses compliance with the grounds and procedures set primarily under domestic law for deprivation of liberty, whereas 'non-arbitrary' adds elements beyond the legality principle.

Keywords: child personal liberty; CRC rights; domestic law



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