Read e-book online Article 4: The Nature of States Parties’ Obligations (A PDF

By Mervat Rishmawi

ISBN-10: 1435614607

ISBN-13: 9781435614604

ISBN-10: 900414708X

ISBN-13: 9789004147089

This quantity constitutes a observation on Article four of the United countries conference at the Rights of the kid. it's a part of the sequence, A observation at the United international locations conference at the Rights of the Child, which supplies an editorial by means of article research of all noticeable, organizational and procedural provisions of the CRC and its non-compulsory Protocols. for each article, a comparability with comparable human rights provisions is made, by way of an in-depth exploration of the character and scope of kingdom duties deriving from that article. The sequence constitutes a vital software for actors within the box of kid's rights, together with teachers, scholars, judges, grassroots staff, governmental, non- governmental and foreign officials. The sequence is subsidized through the Belgian Federal technological know-how coverage Office.

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Extra info for Article 4: The Nature of States Parties’ Obligations (A Commentary on the United Nations Convention on the Rights of the Child)

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8 (c). 78, 1997). c. (note 71), para. 8 (a); Burkina Faso (UN Doc. 193, 2002) para. 8 (b). 74 CRC Committee, General Comment No. c. (note 39), para. 22. , para. 8 (a). c. (Note 71), para. 8 (b). The reference here is to the Islamic Shari’a laws. 4 Legislative Measures for All Rights 68. Legislative and administrative measures are not related only to civil and political rights, but rather to all the principles and rights enshrined in the CRC. For example, whilst laws are needed to prohibit torture and to ensure proper protection when children come into conflict with the law, at the same time, legislation is also needed to protect children’s right to education, and from exploitation in the labour market.

This is a compilation of all relevant official documents of the drafting history of the Convention on the Rights of the Child, as prepared by the UN Centre for Human Rights. , pp. 3–4. , p. 5. 4/1349, 1979. , p. 7. 4/1475, 1981. , p. 9. The views received are compiled in the Technical review of the draft Convention on the Rights of the Child (UN Doc. 1), 1989. 20 CHAPTER THREE 50. 48 UNICEF drew attention to what it saw as the three main elements of the Article. ’ In relation to the first, UNICEF raised the question whether the inclusion of ‘legislative and administrative measures’ could be inclusive of all the ‘appropriate’ measures that could be adopted.

The CESCR Committee stated that ‘any deliberate retrogressive measures . . would require the most careful consideration and would need to be fully justified by reference to the totality of the [economic, social and cultural] rights provided . . ’107 Immediate obligations include taking steps, and ensuring that relevant rights are exercised without discrimination. 108 89. ’110 Guideline 14 (e) of the Maastricht Guidelines states that the ‘adoption of any deliberate retrogressive measure that reduces the extent to which any such right is guaranteed’ is a violation of that right.

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Article 4: The Nature of States Parties’ Obligations (A Commentary on the United Nations Convention on the Rights of the Child) by Mervat Rishmawi

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