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About Children's Rights 41. Best law for children applies

Ariticle41Best law for children applies

Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in:
    1. The law of a State party; or
    2. International law in force for that State.

This article states that if a State Party has domestic laws or international conventions that guarantee children's rights more fully than this Convention, those laws or conventions have a higher priority than this Convention and are applicable to children. At the same time, it indirectly prevents or prohibits the lowering of the level of children's rights protected by the Convention.

条約の優先度について表した図

On the phrase “international law”

The phrase “international law” in item b is a broad concept and definition that includes not only “treaties,” “agreements,” and “arrangements” but also “customary international law (rules between nations that are mostly undocumented).” In other words, the effective "international law" is extremely broad, and from this, it can be seen that the Convention as a whole is firmly committed to maintaining a high level of protection of the rights of the child.

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