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THE COUNTRY’S STANCE TOWARDS THE UN COMMITTEE ON THE RIGHTS OF THE CHILD

Germany has ratified the Convention of the Rights of the Child (CRC) in 1992. Since then the Convention is a binding Federal Law, but in its legal status below the Federal Constitution. The Constitutional Court (Bundesverfassungsgericht), however, in a recent decision concerning a conflict with the jurisprudence of the European Court on Human Rights (ECtHR) has emphasized that the interpretation of the German Constitution should be in conformity with the Human Rights as enshrined in the European Convention on Human Rights (ECHR). In the respective case, the Court changed its jurisprudence in favor of the ECtHR’s view on the nature of preventive detention (see BVerfG [Federal Constitutional Court], decision of 4 May 2011—2 BvR2365/09—www.bverfg.de/e/rs20110504_2bvr236509. html; see in detail Drenkhahn et al. 2012).

The CRC and the Recommendations of the Committee of the Rights of the child are taken seriously although not all German legislation on juvenile justice and procedure is in line with international human rights standards such as the European Rules for Juvenile Offenders Subject to Sanctions or Measures (ERJOSSM). Some indication is given below (see also Dhnkel 2011b).

 
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