INTERNATIONAL CHILD LAW

1. ‘There have been hopes within the international community that the elimination of child labour is within reach, but this is arguably an optimistic view given the complexity of the phenomenon of child labour and the consequent difficulties in constructing an appropriate international legal regime to address it effectively.’ 

Critically discuss this statement. 

2. André (a French national) and Brigitte (a British national) have lived together in Paris, in France, since 2000. They are not formally married but have lived together as husband and wife for 17 years and they have three children; Chantal (aged 15), Danielle (aged 10) and Émile (aged 5). In recent years their relationship has met with a number of difficulties. André has developed a serious drinking habit following the sudden death of his own parents in a terrorist attack in Paris. He has become very depressed and on occasion vents his frustration by smashing up crockery in the kitchen and living room of their house. The deterioration in his mental health has also impacted on his ability to respond to the children’s needs when he is alone with them in the house. 

Brigitte tells André that she is going to visit her mother, Fiona, in Leicester for a month in order to improve the children’s English and to get to know their grandmother and other members of her family in England. André agrees to her proposed visit to Leicester, and on 1 May 2016, Brigitte and her three children leave France for the United Kingdom to live with the children’s grandmother, Fiona, in Leicester. On 1 June 2016 André emails Brigitte and asks why they have not returned to Paris yet. Brigitte replies with a Skype call and explains that she is considering separating from him. After further Skype calls and emails, Brigitte emails André on 1 July 2016 to tell him that their relationship is finished, the children are now settled in Leicester, and that she and the children will never return to Paris. She explains to him that the children are now all enrolled in Leicester schools and have developed a close relationship with Fiona and other relatives. Chantal says she never wants to go back to France as she finds being around her father too depressing. Danielle will not say whether she wants to stay in England or go back to France as she does not want to upset either of her parents. Émile says he would like to return to France because his father is always giving him presents. 
André is extremely upset about the breakdown of his relationship with Brigitte and says he wants to meet with her to see if they can sort out their difficulties. 
Advise André of the informal and formal remedies he may have and how the case could be resolved. Would your advice differ if Brigitte had moved from Denmark rather than from France? Would your advice differ if the United Kingdom had left the European Union? 

3. “Like the CRC, the Hague Convention seeks to safeguard the ethical practice of intercountry adoption through the embrace of the subsidiarity principle, under which appropriate options for the child within her nation of origin take precedence. Like the CRC, theHague Convention was concerned to avoid profiteering and abusive practices in intercountry adoptions.” 

(Smolin D (2010) ‘Abduction, Sale and Traffic in Children in the Context of Intercountry Adoption’ Information document No 1, Hague Conference, June 2010, p. 3). 
Critically evaluate the role of the subsidiarity principle and the objective to prevent improper financial gain within the framework of the Hague Convention on Intercountry Adoption of 1993 in the light of this statement. 


4. What lessons can be learned from the case of Prosecutor v Thomas Lubanga Dyilo (Judgment) (International Criminal Court, Trial Chamber I, Case No ICC-01/04-01/06-T-359, 14 March 2012) in respect of: 
(a) the analysis of the international crime of enlisting, conscripting and using children to participate actively in hostilities within the meaning of articles 8(2)(b)(xxvi) and 8(2)(e)(vii) and 25(3)(a) of the Rome Statute; and 
(b) the effectiveness and prospects of the International Criminal Court; and 
(c) the ‘expressive function’ of international criminal law; and 
(d) the overall aim to end impunity in relation to child soldier recruitment? 


5. “The international law relating to indigenous peoples has undoubtedly received a sharper focus with the arrival of the Declaration of 2007. This instrument carries forward a human rights approach tailored to the particular needs and historical legacies of indigenous peoples. Like most international instruments, it is not perfect and will no doubt require further elaboration and development in the future. It would seem that the gathering moral authority and evidence of impact of the Declaration of 2007 may well eclipse arcane debates about its precise international legal status.” 

(Buck, T. (2014) International Child Law, 3rd edition, London & New York: Routledge 448). 
Critically evaluate the United Nations Declaration on the Rights of Indigenous Peoples of 2007 in the light of the above statement.

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