Re-Thinking the “Invisible Child” Constitutions

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Re-Thinking the “Invisible Child” Constitutions

Published June 2024

Contributors

Author: Meda Couzens

Publisher: The International Journal of Children’s Rights

Date: 2024

Geographic Coverage: Worldwide

Type of Resource: Academic Journal

Sector/setting: Law, Rights

Vulnerable groups: Children, Young People

Developed with children and young people? No

Type of participation: N/A

Availability: Open Access

Keywords: Child Rights, Convention on the Rights of the Child, Direct Application, Constitutional Protection, Constitutional Council, Constitutionalism

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Introduction

Recent attempts to systematise the constitutional protection of children’s rights by creating constitutional typologies have been a useful first step in theorising this growing field. These efforts have focused on the wording of constitutions rather than their application, while forms of constitutional protection that are less textually explicit and more difficult to detect have received limited attention. By exploring the constitutional protection of children’s rights in France, this article demonstrates that some constitutions poor in explicit provisions on children’s rights can provide valuable protection through their general provisions. The article further argues that constitutional typologies of children’s rights protection should be expanded to encompass non-liberal constitutions.