By Manfred Nowak

ISBN-10: 1429427388

ISBN-13: 9781429427388

ISBN-10: 9004145591

ISBN-13: 9789004145597

This quantity constitutes a statement on Article 6 of the United countries conference at the Rights of the kid, ensuring the ideal to existence, survival and improvement. it truly is a part of the sequence, A remark at the United countries conference at the Rights of the kid, which gives an editorial by means of article research of all noticeable, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with comparable human rights provisions is made, via an in-depth exploration of the character and scope of country responsibilities deriving from that article. The sequence constitutes a vital instrument for actors within the box of children’s rights, together with lecturers, scholars, judges, grassroots employees, governmental, non- governmental and foreign officials. The sequence is backed by way of the Belgian Federal technology coverage workplace.

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Extra info for Article 6: the Right to Life, Survival and Development: The Right to Life, Survival (Commentary on the United Nations Convention on the Rights of the Child) ... Convention on the Rights of the Child)

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Note 15), p. 125. c. (note 15), para. 4. See R. Hodgkin, P. c. (note 28), p. 520. 56 Article 2(2) of the ECHR specifies that deprivation of life shall not be regarded as a violation of the right to life when it results ‘from the use of force which is no more than absolutely necessary; a. in defence of any person from unlawful violence; b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; c. ’ 37. 57 Since this standard has led to a violation of Article 2 even in the case of the killing of three adults who were suspected of planning a terrorist attack, it seems to be very difficult for States to argue that the intentional killing of children by security forces was absolutely necessary for any of the purposes cited in Article 2(2) of the ECHR.

Note 28), p. 98. 72 Human Rights Committee, General Comment No. 28: The quality of rights between men and women (UN Doc. 7), para. 10. 73 CEDAW Committee, General Recommendation No. 24: Women and Health (UN Doc. HRI/ GEN/Rev. 7), para. 31 (c). 74 46. Less controversial seem to be problems arising from modern techniques of pre-natal sex selection. In its comprehensive second periodic report of 2001, the Government of India has devoted a considerable part of its chapter on the right to life to this problem:75 ‘The negative bias against women has taken an alarming dimension recently with the utilisation of the amniocentesis test for detecting the sex of the foetus, followed by selective abortion of the foetus if detected to be female.

C. (note 28), p. 520. 56 Article 2(2) of the ECHR specifies that deprivation of life shall not be regarded as a violation of the right to life when it results ‘from the use of force which is no more than absolutely necessary; a. in defence of any person from unlawful violence; b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; c. ’ 37. 57 Since this standard has led to a violation of Article 2 even in the case of the killing of three adults who were suspected of planning a terrorist attack, it seems to be very difficult for States to argue that the intentional killing of children by security forces was absolutely necessary for any of the purposes cited in Article 2(2) of the ECHR.

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Article 6: the Right to Life, Survival and Development: The Right to Life, Survival (Commentary on the United Nations Convention on the Rights of the Child) ... Convention on the Rights of the Child) by Manfred Nowak


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