Rights of the Child

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Ireland’s Birth Information and Tracing Act: Reconciling the Right to Identity

Introduction On the 30th of June 2022 Ireland enacted the Birth Information and Tracing Act – legislation which for the first time in Irish history enshrines a ‘clear right to full birth, early life, care and medical information for all those with questions on their origins’. When the law comes into force on October 3rd, it will enable adopted persons to access information about the identity of their biological parents once they reach the age of 16. This post will locate the legislation within its Irish and international context (specifically the UN Convention on the Rights of the Child [CRC] and the European Convention on Human Rights [ECHR]), and assess whether it represents a permissible readjustment of the balancing of the right to birth information with other competing interests - namely the privacy rights of the biological parent. The Irish History behind Birth Information When first announcing the legislation, the Irish Government stated that its intent was to right the ‘historic wrongs’ that had…

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The Children are the Future – Or Not? Exploring The Complexities of the Relationship between the Rights of Children and Future Generations

This piece addresses an issue of growing importance in international human rights law (IHRL): namely, the relationship between children’s rights and future generations’ rights. This matter is particularly pressing in the context of the growing body of standard-setting, scholarship and practice in the areas of climate justice and environmental protection. However, it has also been a longer-standing (albeit…

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A Handy Illusion? Interpretation of the ‘Unlikely to Bring Effective Relief’ Limb of Article 7(e) OPIC by the CRC in Saachi et. al.

In an EJIL Talk! blog post, Aoife Nolan laid out the salient aspects of the five inadmissibility decisions in Saachi et al. v. Argentina, Brazil, France, Germany and Turkey delivered by the UN Committee on the Rights of the Child on 8 October 2021. Her post focussed on how the Committee handled key…

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Children’s Rights and Climate Change at the UN Committee on the Rights of the Child: Pragmatism and Principle in Sacchi v Argentina

On 11 October 2021, the UN Committee on the Rights of the Child published its decisions in complaints brought against five states – Argentina, Brazil, France, Germany and Turkey – by 16 child complainants under the Optional Protocol to the Convention on the rights of the Child on a Complaints Procedure (OPIC).

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FIDH and Inclusion Europe v. Belgium: Chronicle of a Conviction Foretold

On 3 February 2021 the European Committee of Social Rights (ECSR) publicized its decision in International Federation for Human Rights (FIDH) and Inclusion Europe v. Belgium. The decision followed a collective complaint by two organisations alleging a violation of Belgium’s obligations under the European Social Charter and is the latest in a series of ECSR-decisions on…

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