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Using the Convention (CRC) in practice – a view from the Bench - Webinar

September 17, 2021 at 2:54 PM

From the NZFVC 


Thursday 23 September 2021 


5-6pm, NZST (3-4pm, AEST) 


Online (Australia based) 


Diplomacy Training Program affiliated with UNSW Sydney 



This webinar is the ninth in a series which is developing greater knowledge and understanding of the Convention on the Rights of the Child (CRC). 

This webinar will explore the value of applying the CRC and other rights instruments, in litigation and decision-making in cases involving children and young people. It will draw on the direct experience of a Judge in Aotearoa New Zealand who refers to and employs the CRC, CRPD and UN General Comments in his decisions. His Honour Judge Tony Fitzgerald will reflect on the benefits of applying these instruments in achieving better outcomes for children and young people and what this means for children, litigators, the police, social services and others working with children. 

Unlike Australia, Aotearoa New Zealand has legislated a requirement in 2019 that any court or other person exercising powers under the 1989 Oranga Tamariki Act must uphold and respect children’s and young people’s rights, including those rights set out in the CRC and the CRPD. This means that there is a legislative requirement to ensure that children’s and young people’s rights under CRC are considered in the exercise of decision-making. The lack of such legislation in other jurisdictions does not preclude the use of the CRC, CRPD, General Comments and other UN instruments in judicial decision-making, judgments and legal arguments. 

Speaker: His Honour Judge Tony Fitzgerald is a New Zealand District Court Judge with a Youth Court designation and a Family Court warrant. Judge Fitzgerald has been incorporating articles of the Convention on the Rights of the Child, and the Convention on the Rights of People with Disabilities in his judgements, taking to heart the demands placed on officers of the court by the 2019 legislation.  

Moderated by: Dr Faith Gordon, Senior Lecturer ANU, Director of the International Youth Justice Network and Dr Noam Peleg, Senior Lecturer UNSW, Review Editor, The International Journal of Children’s Rights. 


Category: Events