Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Children´s new position and their strong rights create tensions and challenge the traditional relationships between family and the state. The United Nations Convention on the Rights of the Child was adopted unanimously by the General Assembly of the United Nations in 1989 and came into force in 1990. Article 2 places states under an obligation to accord primacy to the best interests of the child in all actions concerning children and to ensure and regulate child protection.
This book offers a comparative and critical analysis of the implementation of Article 2 of the United Nations Convention on the Rights of the Child. In order to examine how Article 2 is being implemented, it is essential to have a sound understanding of the obligations it emposes. The opening chapters will explore the precise content of these obligations in terms of the legislative history of the text, its underlying philosophy, its amplification by the United Nations Committee on the Rights of the Child, and subsequent authoritative interpretations of it by courts around the world. The book will then drill down into the conceptual and theoretical challenges posed by the very nature of the obligations and will offer in-depth exploration of the long-running ‘rights v welfare’ debate that has always presented something of a challenge in giving effect to children’s rights. Contributors are leading academics in the children’s rights field drawn from a wide range of countries and jurisdictions worldwide, including those with common law, civilian and mixed traditions. Disciplines represented in the book include law, psychology, political science, childhood studies, social work and anthropology.
By drawing together the various facets of Article 2 and analysing it from a range of perspectives, the volume provides a coherent and comprehensive inter-disciplinary analysis on discrimination and the rights of the child.
Notes on Contributors
Discriminating Against Children.
Katre Luhamaa, Marit Skivenes & Karl Harald Søvig
Article 2 of the United Nations Convention on the Rights of the Child: Non-Discrimination and Children’s Rights.
Elaine E. Sutherland
Respecting Age: Discrimination against the Young and the Old.
The Ageing of Article 2(1): The Child’s Right to be Free from Age-Based Discrimination.
Illegitimate Consequences of ‘Illegitimacy’?: Article 2 UNCRC and Non-Marital Children in the British Isles.
The non-discrimination principle in child protection: a snapshot on a seemingly trivial practice of transitions in care.
That time of the month: discrimination against girl children who cannot afford sanitary health care.
Lize Mills & Comine Howe
Collateral Damage: Discrimination in Failure-to-Protect Laws for Children’s Wellbeing.
D. Kelly Weisberg
Citizen Children and Unauthorized Immigrant Parents: Can Best Interest Analysis Relive Discrimination Based on Status.
Hidden discriminatory practices in access to education for children with disabilities – a challenge for children’s rights.
Starting from the System Building - Child Protection in China.
The importance of Article 2 of the Convention on the Rights of the Child for refugee children.
Birth and Status: the Ongoing Discrimination against Children in Scots law based on Parentage.
The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research. Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.