Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Difference or Discrimination? Exploring the Concepts Underpinning Childrens Rights, Discrimination and the Need to Acknowledge Difference

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter (re)considers the complex nature of children's rights, which stems from the limits on a child's capacity to exercise his or her rights. Limitations on the manner and extent to which an individual may put his or her rights into effect is well recognised nationally and internationally. Although human rights law primarily identifies with the autonomous individual, the practicalities of human rights protection, on the whole, requires a balancing of rights between individual rights-holders, be they adults or children. The chapter explores some of the theories surrounding the implementation of children's rights in an attempt to determine whether the bases for the differentiation in the limits imposed upon children's rights satisfy the basic human rights principles of equality and non-discrimination and are therefore legitimate. Finally, it explains some of the theories underpinning discrimination law and its role in distinguishing between legitimate and illegitimate differentiation or discrimination.

Keywords: children's rights; discrimination law; human rights law; illegitimate differentiation; legitimate differentiation; non-discrimination



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Age Discrimination and Children's Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation