Children’s Economic and Social Rights & Finance. Professor Aoife Nolan, School of Law, Nottingham University firstname.lastname@example.org. Mind the Gap: Children and/or Young People?. ‘Child’ under the UNCRC:
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Professor Aoife Nolan,
School of Law, Nottingham University
‘For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.’
EVIDENCE THAT ENJOYMENT OF ALL OF THESE RIGHTS HAS BEEN AFFECTED BY THE CRISES AND/OR THE IRISH STATE’S RESPONSE THERETO
Key Umbrella Provision
Article 4: States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.
ComRC: ESCR impose a duty of progressive realisation - within maximum available resources
How does these requirements match up with the post-crises situation of children in UK?
‘States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.’