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Scope of Article 26

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Chapter Summary

This chapter explores the scope of Article 26 of the CRC, both in light of its subject and its object, and of the obligations for States. The analysis of the latter is mainly based on the organizing principles of Article 9 of the CESCR and Article 12 of the (Revised) European Social Charter ((R)ESC). Contrary to social security provisions in other human rights treaties, Article 26 of the CRC does not guarantee the right to social security, but the right to benefit from social security. The CESCR Committee has developed a doctrine on progressive realisation, which it has also applied to the right to social security. In its concluding observations, the CRC Committee has paid attention to the (risk of) exclusion of certain marginalized groups, such as female-headed households, non-working parents, and parents and children most in need of such assistance.

Keywords: CESCR Committee; CRC Article 26; European Social Charter ((R)ESC); human rights treaty; progressive realisation; social security; state obligation



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