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Issues in International Law. Law Essay Research Paper

Essay Instructions:

Completion Assignment Winter 2020: ILST 4601 Issues in International Law –
I have link two picture showing the reading for class 2 and 7
For any missing document specially for the last question you can find it on google
Please exchange with for any question you may have
The first part has to be 750 words
Part 1: Essay question worth 10% of final grade, replaces presentation of final paper:
Question: Children are better protected under the Convention on the Rights of the Child (CRC) than Women under the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Do you agree with this statement? Please explain, by referring to pertinent readings from class 2 to class 7.
Guidelines: 1) maximum 750 words 2) please use footnotes and Oxford Citation style (but a shortened version, example: CRC, and if quoting an author, just give the last name and the shortened version of title of article or book).
Part 2: Questions on Readings on the Rights of Persons with Disabilities: worth a portion (the remaining classes) of the 20% of your participation grade:
Question 1: Maya Sabatello, ‘Children with Disabilities: A Critical Appraisal’ (2013) 21 International Journal of Children’s Rights 464: reading for class 9:
What is the thesis of the author? What are her central arguments?
Question 2: Reservations to the CRPD: reading for class 10: please give an example of a broad reservation, and of a very specific reservation to the CRPD (please specify the country and what it stipulates in its reservation), and explain why each is broad or specific, in your opinion.
Question 3: What is the difference between legal capacity and mental capacity according to the CRPD Committee? What are States parties required to do to support persons with disabilities to make decisions that have legal effect?
You will find this answer in CRPD General Comment No 1, ‘Article 12: Equal Recognition before the law’ (19 May 2014) UN Doc CRPD/C/GC/1 OR CPRD General Comment No 4, ‘The right to inclusive education’ (2016) OR CRPD General Comment No 2: Article 9: Accessibility (2014)

 

Readings:
(LR) Susan Petrilli, Sign Studies and Semioethics: Communication, Translation and
Values (Semiotics, Communication and Cognition, Boston, Walter de Gruyter 2014),
Chapter 6 ‘Signs of Silence’
http://ezproxv.librarv.vorku.ca/login?url=https://ebookcentral.proquest.com/lib/vork/detail.action? docID=l 575427
(LR) Amartya Sen, ‘Rights, Laws and Language’ (2011) 31
Oxford Journal of Legal Studies 437 http: / /ezproxv. library, v orku. c a/lo gin? url=https://doi.org/10.1093/ojls/gqrO 12
(LR) Oritsegbubemi Anthony Oyowe, ‘An African Conception of Human Rights? Comments on the Challenges of Relativism’ (2014) 15 Human Rights Review 329http ://ezproxy.library.vorku.ca/login? url=https://doi.org/10.1007/s 12142-013-0302-2

 

Completion Assignment Winter 2020: ILST 4601 Issues in International Law – COVID-19 Virus Part 1: Essay question worth 10% of final grade, replaces presentation of final paper: Question: Children are better protected under the Convention on the Rights of the Child (CRC) than Women under the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Do you agree with this statement? Please explain, by referring to pertinent readings from class 2 to class 7. Guidelines: 1) maximum 750 words 2) please use footnotes and Oxford Citation style (but a shortened version, example: CRC, and if quoting an author, just give the last name and the shortened version of title of article or book). Part 2: Questions on Readings on the Rights of Persons with Disabilities: worth a portion (the remaining classes) of the 20% of your participation grade: Question 1: Maya Sabatello, ‘Children with Disabilities: A Critical Appraisal’ (2013) 21 International Journal of Children’s Rights 464: reading for class 9: What is the thesis of the author? What are her central arguments? Question 2: Reservations to the CRPD: reading for class 10: please give an example of a broad reservation, and of a very specific reservation to the CRPD (please specify the country and what it stipulates in its reservation), and explain why each is broad or specific, in your opinion. Question 3: What is the difference between legal capacity and mental capacity according to the CRPD Committee? What are States parties required to do to support persons with disabilities to make decisions that have legal effect? You will find this answer in CRPD General Comment No 1, ‘Article 12: Equal Recognition before the law’ (19 May 2014) UN Doc CRPD/C/GC/1 OR CPRD General Comment No 4, ‘The right to inclusive education’ (2016) OR CRPD General Comment No 2: Article 9: Accessibility (2014)

 

Feb 27 - Class 7 - Children’s Rights and ReservationsReadings:
(LR) Suzanne Egan, ‘The New Complaints Mechanism for the Convention on the Rights of the Child: A Mini Step Forward for Children?’ (2014) 22 International Journal of Children’s Rights 205 http://ezproxv.library.vorku.ca/login?
url=http://resolver.scholarsportal.info/resolve/09275568/v22i0001/205 tncmftotrotc.xml(LR) Dianne Scullion, ‘Passive victims or empowered actors: Accommodating the needs of child domestic workers’ (2013) 21 International Journal of Children’s Rights 97 http://ezproxv.library.vorku.ca/login?url=https://heinonline.org/HOL/P? h=hein.i oumals/inti chrb21 &i=99
(LR) William Schabas, ‘Reservations to the Convention on the Rights of the Child’ (1996) 18 Human Rights Quarterly 472
http://ezproxv.librarv.vorku.ca/login?url=https://search.proquest.com/docview/l 297956911? accountid= 15182

Essay Sample Content Preview:

Issues in International Law
Essay
May 22, 2020
1353 Words
Name:
Institution:
Issues in International Law
Part 1: CRC and CEDAW
The view that the Convention on the Rights of Children (CRC) is better at protecting children as compared to the Convention on Elimination of Discrimination Against Women (CEDAW) is flawed due to evidence of missing links in the CRC’s bid to protect children.
Firstly, CRC fails to address pertinent issues regarding the rights of disabled children who form a significant portion of the population across the globe and are prone to discrimination. A number of countries allow children with disabilities to be placed into institutions while others are hidden away from the public. This further puts them in harm’s way since they become prone to violence and harsh physical restrictions that put their lives at risk. The lack of such expressed provisions in the CRC fails to address these children at risk thus failing to protect them since they are still classified as children as long as they are below the age of eighteen.
The increased number of complaints involving violations in the children’s rights continue to plague the U.N. forcing a need for more optional protocols. For instance, the new complaints mechanism for the CRC introduced realizes the problem in communication methods. With a lacking system of ensuring complaints were properly handled and expedited in cases of violations by state parties, more children were unfavorably discriminated thus making it ineffective.
Furthermore, the huge number of declarations and reservations in the CRC by several countries highlights the huge number of disparities in the provisions as compared to domestic law. A number of the reservations cite their views regarding the interpretation of the provisions of CRC with disagreements on issues such as the interpretation of the particular age of a child. Consequently, several of the provisions are not applied in these countries hence are left in the hands of local judiciaries and legislature to interpret them locally. This makes the CRC unable to properly protect children due to the inapplicability of provisions globally. Being one of the most successfully ratified conventions, the high number of reservations regrettably undermine its potential under international law. This mostly limits the scope of such a treaty thus making it impossible for the state parties to fully comply with all provisions despite being ratified.
According to the submission to the CRC committee regarding the deportation of a girl from Denmark to her mother’s native home in Somalia, there is evidence of a problem with the interpretation of the provisions. Consequently, Articles regarding prohibition of discrimination, best interest of the child and prohibition from any forms of discrimination were interpreted under domestic law by Denmark thus prompting its decision to deport the minor. This dispute thus goes to show the lack of adequate measure in place to adequately address the risks to children before decisions are made by state parties.
On the other hand, CEDAW has a more expanded view in its protection of women since it does not include an age limit hence girls are protected from an...
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