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Scope of Article 2(1): the Jurisdictional Clause

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Chapter Summary

Part of Article 2(1) is a part of the treaty's jurisdictional statement: the State must realize the Convention on the Rights of the Child (CRC) rights of each child within [its] jurisdiction without race, etc. discrimination. This chapter comments on two worth points. The first is that the scope of the CRC is broader than that of the CCPR, which has an additional qualification: all individuals 'within its territory and subject to its jurisdiction'. The second point relates to the interpretation of Article 4: a State is to realize economic and social rights 'to the maximum extent of its available resources within the framework of international cooperation'. The jurisdictional clause in Article 2(1) defines the right-holders as the under-18 year-olds 'within [its] jurisdiction', so a State does not have a legal duty to finance the CRC rights of youngsters in other countries under Article 4.

Keywords: Article 2(1); CRC rights; discrimination; jurisdictional clause



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