ABSTRACT

This chapter focuses on the use of the Convention in litigation at national, regional and international levels, and the use of the Convention as an auditing tool with a view to promoting rights-based law and policy reform. It outlines the Convention and related documentation that together define best practice and the scope of states' obligations in the area of children's rights. The chapter examines how auditing law, policy and practice for adherence to these standards can usefully be used to identify what states need to do to ensure greater compliance and to bring all three areas into line with children's rights. It considers the potential for using these standards to advance children's rights through litigation. The chapter explores with some reflection on the lessons to be learned from both of these processes to ensure their potential is utilised. It examines the process of children's rights auditing or proofing and focuses on the area of strategic litigation.