By Manfred Nowak
This quantity constitutes a statement on Article 6 of the United countries conference at the Rights of the kid, ensuring the proper to lifestyles, survival and improvement. it truly is a part of the sequence, A remark at the United international locations conference at the Rights of the kid, which supplies an editorial through article research of all sizeable, organizational and procedural provisions of the CRC and its not obligatory Protocols. for each article, a comparability with comparable human rights provisions is made, through an in-depth exploration of the character and scope of kingdom tasks deriving from that article. The sequence constitutes a necessary instrument for actors within the box of children’s rights, together with teachers, scholars, judges, grassroots employees, governmental, non- governmental and overseas officials. The sequence is subsidized by means of the Belgian Federal technological know-how coverage place of work.
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Extra resources 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)
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.
41 of the Covenant (UN Doc. 7, 1994), para. 8. g. M. c. (note 28), pp. 23–30 and pp. 48–53. 36 Article 6(1) of the CCPR, Article 4(1) of the ACHR. On the concept of arbitrary deprivation of life see M. c. (note 15), pp. 127–133. 37 Article 6(1) of the CRC does not contain any similar limitation clause. The question, therefore, arises as to which extent the limitation clauses in general human rights treaties apply to children. 1. Death Penalty 26. Despite a clear trend in international human rights law towards abolition and towards recognizing that capital punishment, as corporal punishment, constitutes cruel, inhuman and degrading punishment prohibited under international law,38 there still remain a considerable number of retentionist States, including powerful States such as the United States and China, who not only continue to practice capital punishment but who also maintain that this cruel punishment is compatible with human dignity and other minimum standards of international law and civilized behaviour.
G. CRC Committee, Concluding Observations Nicaragua (UN Doc. CRC/C/15/Add. 36). See also R. Hodgkin, P. c. (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.
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