Age Discrimination And Children's Rights: Ensuring Equality by Claire Breen

By Claire Breen

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, because of his phsyical and psychological immaturity, wishes certain safeguards and care, together with applicable felony defense, earlier than in addition to after birth'. besides the fact that, a query mark hangs over the level to which 'special safeguards and care' can negatively effect 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 recognized and secured by means of quite a few states on the point of household legislation. It additionally explores the problems inherent within the accordance of rights to young children on the way to verify 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 duties to little ones, and no matter if such reluctance constitutes 'discrimination opposed to children'. the amount hence explores the theoretical and criminal underpinnings of gender and race discrimination, at either the family and foreign point, and examines the level to which those can be utilized to the world of kid's rights.

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

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Even a cursory glance across domestic legislation aimed at equality and non-discrimination will reveal that it is formulated in terms of direct and indirect discrimination. Thus, at this point, the distinction that is commonly drawn between direct and indirect discrimination should be referred to because of the particular difficulties that these forms of discrimination pose for age-based distinctions and children’s rights. Direct discrimination is based on the principle that there will only be direct discrimination if there is inconsistent treatment as between the complainant and a similarly-situated person.

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. A common sense approach to this issue has been advocated by the Canadian Supreme Court. 98 She added that: The fact that some people may fall through a program’s cracks does not show that the law fails to consider the overall needs and circumstances of the group of individuals affected, or that distinctions contained in the law amount to discrimination in the substantive sense intended by s.

A. Res. N. , (Supp. No. N. Doc. A/6316 (1966). 52 United Nations Convention on the Rights of the Child, supra note 30. 53 Universal Declaration, supra note 49, at Article 1. 54 ICCPR, supra note 50, Preamble, para 1. ICESCR, supra note 51, Preamble, para 1. 55 Ibid. 56 Ibid, at para 2. 57 ICCPR, supra note 50. 58 Ibid. 60 The Preamble to the Convention on the Rights of the Child reiterates the recognition by the United Nations Charter of the inherent dignity of all members of the human family as well as its recognition of the dignity and worth of the human person.

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