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

By Claire Breen

One of many goals of the United international locations conference at the Rights of the kid is to accord due popularity to the truth that 'the baby, because of his phsyical and psychological immaturity, wishes unique safeguards and care, together with applicable criminal safety, prior to in addition to after birth'. despite the fact that, a question mark hangs over the level to which 'special safeguards and care' can negatively impression 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 by way of a number of states on the point of household legislations. It additionally explores the problems inherent within the accordance of rights to childrens so one can be certain whether or not they do in truth derive from the actual nature of youngsters or whether or not they masks a reluctance of states to fulfil their household and overseas rights responsibilities to young children, and no matter if such reluctance constitutes 'discrimination opposed to children'. the amount hence explores the theoretical and felony underpinnings of gender and race discrimination, at either the family and overseas 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)

Sample text

In that case, the right to freedom of expression as provided for in s 14 of the Bill of Rights Act was to be restricted with regard to the s 3 definition of objectionable contained in the Films, Videos and Publications Classification Act 1993, which provides: ‘DIFFERENCE’ OR DISCRIMINATION? 29 Some of the difficulty attached to definitions of children and young persons based solely upon age were further considered by the New Zealand Court of Appeal in Moonen v Film and Literature Board of Review (Moonen No.

Status. 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status . . of the child’s parents . 63 [emphasis added] Regional examples of the prohibition on discrimination include the American Convention, which specifies that its rights are to be extended to every human being64 whilst also declaring that “everyone has the right to have . . 66 Equally, Article 14 repeats the theme of non-discrimination with its statement that “the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground .

Equal in dignity and rights” whilst Article 2 states that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind such as . . ” These principles and rights were given a legally binding nature in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). 56 Similarly, Article 2(1) of the ICCPR, echoing the principles of the Declaration, states that: Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present Covenant, without distinction of any kind, such as .

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