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Scope of Article 2(2): No Discrimination or Punishment on Account of Parental Actions

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Chapter Summary

While the right of non-discrimination in Article 2(1) is nearly identical to its counterparts in Common Articles 2, the rights in Article 2(2) are unique: the State should not discriminate against or punish the right-holder on account of a parent's (or relative's) actions, beliefs, or status. Discrimination and punishment are two different things, so there are two rights in Article 2(2), and each right has four parts. The State Party is forbidden: (i) to (a) unreasonably (b) treat the right-holder differently on the basis of (c) the parents' (or guardians' or family members') (d) actions, beliefs, or status; or (ii) to (a) purposely (b) make the right-holder suffer for (c) the actions, beliefs, or status (d) of the parents (or guardians or family members). Component (1) is the non-discrimination right, and component (2) is the no-punishment right. The chapter briefly outlines the reasons for choosing these components and subcomponents.

Keywords: Article 2(1); Article 2(2); no-punishment right; non-discrimination right

10.1163/ej.9789004149175.i-154.26
/content/books/10.1163/ej.9789004149175.i-154.26
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