The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict, and the Sale of Children, Child Prostitution and Pornography. It provides a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children, and the obligations imposed on states to secure the implementation of these rights.
In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional, and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.
Introduction: John Tobin: The Foundation for Children's Rights 1: David Archard and John Tobin: Article 1: The Definition of a Child 2: Samantha Besson and Eleonor Kleber: Article 2: The Right to Non-Discrimination 3: John Eekelaar and John Tobin: Article 3: The Best Interests of the Child 4: John Tobin: Article 4: A State's General Obligation of Implementation 5: John Tobin and Sheila Varadan: Article 5: The Right to Parental Direction and Guidance and Consistent with a Child's Evolving Capacities 6: Noam Peleg and John Tobin: Article 6: The Rights to Life, Survival and Development 7: John Tobin and Florence Seow: Article 7: The Rights to Birth Registration, a Name, Nationality and to Know and Be Cared for by Parents 8: John Tobin and Jonathan Todres: Article 8: The Right to Preservation of a Child's Identity 9: John Tobin and Judy Cashmore: Article 9: The Right Not Be Separated from Parents 10: Jason Pobjoy and John Tobin: Article 10: The Right to Family Reunification 11: John Tobin with Nigel Lowe and Elliot Luke: Article 11: Protection Against the Illicit Transfer and Non-Return of Children Abroad 12: Laura Lundy, John Tobin and Aisling Parkes: Article 12: The Right to Respect for the Views of the Child 13: John Tobin and Aisling Parkes: Article 13: The Right to Freedom of Expression 14: Sylvie Langlaude Done and John Tobin: Article 14: The Right to Freedom of Thought, Conscience and Religion 15: Claire Breen: Article 15: The Rights to Freedom of Association and Peaceful Assembly 16: John Tobin and Sarah M Field: Article 16: The Right to Protection of Privacy, Family, Home, Correspondence, Honour, and Reputation 17: John Tobin and Elizabeth Handsley: Article 17: The Mass Media and Children 18: John Tobin and Florence Seow: Article 18: Parental Responsibilities and State Assistance 19: John Tobin and Judy Cashmore: Article 19: The Right to Protection against All Forms of Violence 20: John Tobin and Sara Dillon: Article 20: Special Protection for Children Deprived of their Family Environment 21: Philip Alston, Nigel Cantwell, and John Tobin: Article 21: Adoption 22: Jason Pobjoy: Article 22: The Rights of Refugee Children 23: Bronagh Byrne: Article 23: The Rights of Children with a Disability 24: John Tobin: Article 24: The Right to Health 25: John Tobin: Article 25: The Right to Periodic Review 26: Malcolm Langford and Urfan Khaliq: Article 26: The Right to Social Security 27: Aoife Nolan: Article 27: The Right to a Standard of Living Adequate for a Child's Development 28: Christian Courtis and John Tobin: Article 28: The Right to Education 29: Laura Lundy and John Tobin: Article 29: The Aims of Education 30: Sonia Harris-Short and John Tobin: Article 30: The Rights of Minority and Indigenous Children 31: Gerison Lansdown and John Tobin: Article 31: The Rights to Rest, Leisure, and Play 32: Philip Alston: Article 32: The Right to Protection Against Exploitative Child Labour 33: Damon Barrett and John Tobin: Article 33: The Right to Protection from Narcotic Drugs and Psychotropic Substances 34: John Tobin: Article 34: Protection from Sexual Exploitation and Sexual Abuse 35: Anne Gallagher: Article 35: Protection against the Abduction, Traffic and Sale of Children 36: John Tobin: Article 36: Protection Against All Other Forms of Exploitation 37: John Tobin and Harry Hobbs: Article 37: Protection against Torture, Capital Punishment, and Arbitrary Deprivation of Liberty 38: Mark Drumbl and John Tobin: Article 38: The Rights of Children in Armed Conflict 39: Chelsea Marshall and John Tobin: Article 39: The Right To Reintegration 40: John Tobin with Cate Read: Article 40: The Rights of Children in the Juvenile Justice System 41: Mark Drumbl and John Tobin: The Optional Protocol on Children and Armed Conflict 42: John Tobin: The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
Professor John Tobin holds the Francine McNiff Chair in International Human Rights Law in the Law School at Melbourne University. He has been a Visiting Professor at New York University, the Washington College of Law, American University, and Queens University, Belfast. He is a member of the Editorial Advisory Boards of the International Journal of Children's Rights and the Melbourne Journal of International Law. He has provided advice on children's rights to numerous government agencies, judicial bodies, law reform commissions, NGOs and international organisations. In 2017 he was a member of an independent panel of experts which reviewed Taiwan's compliance with the Convention on the Rights of the Child. He is the Chief Examiner of the Law Institute of Victoria's Child Law Specialisation Scheme and has worked in the Victorian Government's Department of Justice on youth justice issues as a senior lawyer with the Youth Legal Service at Victoria Legal Aid.
