Rights of the Child

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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). In doing so, the Committee found that a State party can be held responsible for the negative impact of its carbon emissions on the rights of children both within and outside its territory. In a decision that significantly advances international human rights law understanding of the scope of state obligations in the context of climate change – both in terms of the content such duties and their jurisdictional application – the Committee ultimately declared the complaints inadmissible due to non-exhaustion of domestic remedies. Although greeted with understandable dismay by some climate activists, the decision is a convincingly reasoned rejection – and one that leaves the door to future child rights climate justice complaints firmly open, while…

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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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Repatriating the Children of Foreign Terrorist Fighters and the Extraterritorial Application of Human Rights

UPDATE: The CRC admissibility decision referred to in the post is no longer publicly available via ODS. I am unsure as to why that’s the case. Readers can find it here. Now that we have all (sort of) recovered from the US elections, back to our regular programming: last week the UN Committee on…

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COVID-19, the right to education and Bangladesh

The COVID-19 pandemic has brought in a paradigm shift in the understanding of human rights jurisprudence. Like many other human rights, the right to education is now continuously being rethought and renegotiated within the constant pulls of statist economic priorities and public health emergencies. In the context of Bangladesh, these pulls are rather strong. The pandemic has penetrated…

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African Court on Human and Peoples’ Rights Delivers Landmark Ruling on Women’s Rights and the Rights of the Child in Mali

Introduction On 11 May 2018 the African Court on Human and People’s Rights (‘the Court’) issued its ruling in the case of Association Pour le Progrès et la Défense des Droits des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v Mali. This is the first judgment of the…

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