General Measures of Implementation of the Convention of the Rights of the Child 2003, para. 20

Paragraph
Paragraph text
The Committee welcomes the incorporation of the Convention into domestic law, which is the traditional approach to the implementation of international human rights instruments in some but not all States. Incorporation should mean that the provisions of the Convention can be directly invoked before the courts and applied by national authorities and that the Convention will prevail where there is a conflict with domestic legislation or common practice. Incorporation by itself does not avoid the need to ensure that all relevant domestic law, including any local or customary law, is brought into compliance with the Convention. In case of any conflict in legislation, predominance should always be given to the Convention, in the light of article 27 of the Vienna Convention on the Law of Treaties. Where a State delegates powers to legislate to federated regional or territorial governments, it must also require these subsidiary governments to legislate within the framework of the Convention and to ensure effective implementation (see also paragraphs 40 et seq. below).
Legal status
Non-negotiated soft law
Body
Committee on the Rights of the Child
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2003
Paragraph type
Other
Reference
CRC General Comment No. 5, General Measures of Implementation of the Convention of the Rights of the Child (2003), para. 20.
Paragraph number
20