Children as Litigants: Standing at the Gates of Justice [PhD] (completed)
Sevda Clark's PhD project assesses principal legal issues that confront child litigants when they bring claims in their own name before judicial or quasi-judicial bodies.
About the project
With the new third optional protocol to the Convention on the Rights of the Child (CRC), children will soon require the ability to bring claims before the Committee on the Rights of the Child for alleged violations of any of its provisions.
However, in many domestic jurisdictions children still are not afforded the right of legal standing. This will challenge procedural requirements, such as the admissibility criterion that demands exhaustion of domestic remedies prior to any claim.
The thesis focuses particularly on the traditionally controversial issues of legal capacity and legal standing with respect to children. It asks whether developments in international law affect the rights of children as litigants – whether there is an emerging norm of universal legal capacity.
Professor Anne Hellum, Women’s Law Public Law Department, University of Oslo, and Professor Michael Freeman, Barrister and Editor-in-Chief of the International Journal of Children's Rights, Professor of English Law at University College, London act as supervisors.