Re-Thinking the “Invisible Child” Constitutions

Abstract

Recent attempts to systematise the constitutional protection of children’s rights by creating constitutional typologies have been a useful first step in theorising this growing field. These efforts have focused on the wording of constitutions rather than their application, while forms of constitutional protection that are less textually explicit and more difficult to detect have received limited attention. By exploring the constitutional protection of children’s rights in France, this article demonstrates that some constitutions poor in explicit provisions on children’s rights can provide valuable protection through their general provisions. The article further argues that constitutional typologies of children’s rights protection should be expanded to encompass non-liberal constitutions.