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

By Claire Breen

One of many goals of the United countries conference at the Rights of the kid is to accord due reputation to the truth that 'the baby, as a consequence of his phsyical and psychological immaturity, wishes precise safeguards and care, together with applicable criminal security, ahead of in addition to after birth'. notwithstanding, a question 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 known and secured via a number of states on the point of household legislation. It additionally explores the problems inherent within the accordance of rights to young children with a purpose 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 responsibilities to youngsters, and even if such reluctance constitutes 'discrimination opposed to children'. the quantity therefore explores the theoretical and felony underpinnings of gender and race discrimination, at either the household and foreign point, and examines the level to which those will be utilized to the realm 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)

Example text

Fogelberg v Association of University Staff of New Zealand Inc (2000) 6 HRNZ 206; [2000] 2 ERNZ 196.

Protected right or freedom” . . The standard must be high in order to ensure that objectives which are trivial or discordant with the principles integral to a free and democratic society do not gain . . protection. It is necessary, at a minimum, that an objective relate to concerns which are pressing and substantial in a free and democratic society before it can be characterized as sufficiently important. Second, once a sufficiently significant objective is recognized, then the party invoking [the limitation] must show that the means chosen are reasonable and demonstrably justified.

1 UN Doc. 3, 4–5 as cited in M Nowak, “The Covenant on Civil and Political Rights” in R Hanski and M Suksi (eds), An Introduction to the International Protection of Human Rights: A Textbook (2nd ed), Turku/Abo: Institute for Human Rights, Abo Akademi University, 1999, at 87. 75 A classic example of such a right is that regarding the prohibition of torture has some positive elements such as the obligation to take effective steps for the prevention of torture by implementing procedural guarantees to prevent the occurrence of torture and to investigate allegations of its occurrence: Nowak, ibid, at 87–88.

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