Age Discrimination And Children's Rights: Ensuring Equality And Acknowledging DifferenceOne of the aims of the United Nations Convention on the Rights of the Child is to accord due recognition to the fact that 'the child, by reason of his phsyical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth'. However, a question mark hangs over the extent to which 'special safeguards and care' can negatively impact on the rights of the child and result in discrimination against the child in the guise of 'his physical and mental immaturity'. This volume explores the extent to which children's rights are secured at the national level; and the reasons why children's rights have or have not been recognised and secured by various states at the level of domestic law. It also explores the difficulties inherent in the accordance of rights to children in order to ascertain whether they do in fact derive from the particular nature of children or whether they mask a reluctance of states to fulfil their domestic and international rights obligations to children, and whether such reluctance constitutes 'discrimination against children'. The volume thus explores the theoretical and legal underpinnings of gender and race discrimination, at both the domestic and international level, and examines the extent to which these may be applied to the area of children's rights. |
Contents
CHAPTER | 1 |
The Childs Right to Medical Treatment | 3 |
Equality and NonDiscrimination in International | 12 |
Equality and AgeBased Differentiation | 20 |
Assessing AgeBased Distinctions | 27 |
Conclusion | 41 |
Judicial Interpretation of the Childs Right | 53 |
Conclusion | 70 |
Judicial Interpretation of the Constitutional and Legislative | 147 |
12 | 150 |
33 | 156 |
The Rights of the AtRisk Child in International | 157 |
Discriminatory Detention of the AtRisk Child | 163 |
Introduction | 167 |
The Rights of IrishBorn Children of Asylum Seekers | 179 |
Judicial Interpretation of the Rights of IrishBorn Children | 186 |
Childrens Rights and the Law Regarding AHR in | 88 |
the Impact for New Zealand Legislation | 94 |
The Corporal Punishment of Children | 107 |
Corporal Punishment as a Violation of the Childs | 114 |
Discrimination or Differentiation? Section 59 within | 129 |
Conclusion | 141 |
Conclusion | 202 |
Conclusion | 205 |
211 | |
221 | |
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Common terms and phrases
abuse According adults age-based distinctions applicant applicant's Article Assisted Reproductive Technologies asylum seekers at-risk child at-risk children Auckland balance best interests born of AHR Chapter child’s right Children Act 1908 children born children’s rights Committee considered constitutional rights corporal punishment Council of Europe decision deportation detention differential treatment discrimination domestic discipline donor donor-conceived ensure European Convention European Court evolving capacities exercise Fajujonu Families Act 1989 Gillick competent health board High Court human rights law human rights treaties Ibid ICCPR inhuman or degrading international human rights international law interpretation Ireland Irish Irish Supreme Court issue Justice justified legislation limitations medical treatment Minister obligations paras parens patriae parental rights Parties physical prohibition provides punishment of children reasonable recognised regard Reproductive Technologies right to identity right to respect Rights Act Section significant objective social supra note Supreme Court tion violation violence welfare young persons Zealand
References to this book
Child, Youth and Family Health: Strengthening Communities Margaret Barnes,Jennifer Rowe Limited preview - 2008 |