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By: (Edited by) Ellen Desmet , (Edited by) Eva Brems , (Edited by) Wouter Vandenhole
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Childrens rights law is often perceived in isolation from the broader field of human rights law. This volume explores to the links between childrens rights law and more general human rights law in order to see whether elements from each could successfully inform the other. The book questions whether distinctive features of childrens rights law could be a source of inspiration for general human rights law and conversely if childrens rights law could draw from developments in other branches of human rights law focusing on specific categories of rights holders. The book also studies the interplay between childrens rights law and human rights law in the context of specific topics.
Childrens rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between childrens rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Childrens rights law has a number of distinctive characteristics, such as the emphasis on the best interests of the child, the use of general principles, and the inclusion of third parties (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could childrens rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between childrens rights law and human rights law and the potential for their isolation, inspiration or integration may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between childrens rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.
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