Download e-book for iPad: Age Discrimination And Children's Rights: Ensuring Equality by Claire Breen

By Claire Breen

ISBN-10: 9004148272

ISBN-13: 9789004148277

One of many goals of the United countries conference at the Rights of the kid is to accord due attractiveness to the truth that 'the baby, as a consequence of his phsyical and psychological immaturity, wishes distinct safeguards and care, together with acceptable criminal safeguard, sooner than in addition to after birth'. even if, a question mark hangs over the level to which 'special safeguards and care' can negatively influence at the rights of the kid and lead to discrimination opposed to the kid within the guise of 'his actual and psychological immaturity'. This quantity explores the level to which kid's rights are secured on the nationwide point; and the explanations why kid's rights have or haven't been acknowledged and secured by means of a number of states on the point of household legislations. It additionally explores the problems inherent within the accordance of rights to young children that allows you to determine whether or not they do actually derive from the actual nature of youngsters or whether or not they masks a reluctance of states to fulfil their family and overseas rights tasks to little ones, and even if such reluctance constitutes 'discrimination opposed to children'. the amount therefore explores the theoretical and criminal underpinnings of gender and race discrimination, at either the household and foreign point, and examines the level to which those should be utilized to the realm of kid's rights.

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Extra info for Age Discrimination And Children's Rights: Ensuring Equality And Acknowledging Difference (International Studies in Human Rights ; V. 86)

Sample text

But age-based distinctions are a common and necessary way of ordering our society. html, as viewed on 5 July 2004, para 227, Bastarche J (dissenting). 92 Fredman, supra note 81, at 60. 93 Gosselin, supra note 91, at para 31. 94 Ibid, at para 33. 95 Ibid, at para 57. 96 The adoption of such an enquiry lends support to the assertion that such differential treatment cannot be based upon arbitrary or demeaning stereotypes that violate the rights of the child and negatively affect his or her human dignity.

First, current and prospective legislative age-based distinctions often operate to prevent identification of such legislation as being in violation of children’s rights, thus rendering redress for age-based discrimination unavailable. Second, legislation that forms the basis for decision-making that impacts upon children’s rights may not contain any reference to age-based distinctions. Nevertheless, such legislation is equally open to an interpretation that breaches the requirements of reasonable limitations and justification and has resulted in decision-making that is discriminatory to children and young people.

This flexibility finds expression in the proviso that rights may be limited. Limitations on rights may be achieved in a number of ways. First, rights may be categorised as positive and negative rights. Thus, in human rights language, the accordance of negative rights to individuals means that States are obliged to refrain from certain actions which would otherwise be a violation of those (negative) rights. Second, the language used to frame the right is a further means by which it may be limited.

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Age Discrimination And Children's Rights: Ensuring Equality And Acknowledging Difference (International Studies in Human Rights ; V. 86) by Claire Breen

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