The International Law on the Right of the Child to Survival and Development

This comprehensive and in-depth study on the understanding and interpretation of the child’s right to survival and development provides a compact assessment of article 6(2) of the Convention on the Rights of the Child (CRC) in light of its drafting history, the reports of the Committee on the Rights of the Child and other relevant sources appropriate to the discipline of international human rights law.
Author(s):
Khadeija Elsheikh Mahgoub
book | published | 1st edition
November 2015 | xiv + 300 pp.

Paperback
€65.-


ISBN 9781780682334

Details

This comprehensive and in-depth study on the understanding and interpretation of the child’s right to survival and development provides a compact assessment of article 6(2) of the Convention on the Rights of the Child (CRC) in light of its drafting history, the reports of the Committee on the Rights of the Child and other relevant sources appropriate to the discipline of international human rights law.

The author analyses the travaux préparatoires of the CRC and the academic work of some of its drafters. The book includes an interview with one of the drafters and explores the literature of the Committee on the Rights of the Child with respect to article 6(2) and how its understanding and interpretations of this article have developed over time. It examines the weaknesses and strengths in relation to the observations it has made and explores the legal effects of the Committee’s classifications and makes suggestions for others as well.

Importantly, the book also discusses the relationship between the right of the child to survival and development and his/her dignity. It provides an understanding of the child’s physical, mental, spiritual, moral and cognitive development in the context of his/her right to survival and development. In addition, the author discusses various State obligations aiming at the enjoyment of the right to survival and development and also touches on global warming and its relationship with the right of the child to survival and development.

The reader will gain an understanding of different approaches to the interpretation of human rights treaties in general, and attitudes towards the assessment of the work of the Committee on the Rights of the Child. He will also learn about the connection between the right to development and the economic and social rights of the child on the one hand, and the right of the child to survival and development on the other hand. Moreover, the book introduces the concept of comprehensiveness and individuality of the right of the child to survival and development and fundamentally argues that there is still more to add to the understanding and interpretations of article 6(2) of the CRC.

Chapters

Table of Contents (p. 0)

Introduction (p. 1)

Chapter 1. Historical Background (p. 7)

Chapter 2. Current and Possible Interpretations of Article 6(2). Analytical Perspectives to the Work of the Committee on the Rights of the Child (p. 47)

Chapter 3. The Nature of Article 6(2) on the Survival and Development of the Child (p. 113)

Chapter 4. The Survival and Development of the Child and the Child’s Human Dignity (p. 141)

Chapter 5. Who is Responsible? The Obligation of the State Party to Create Measures and Conditions Necessary for the Survival and Development of the Child (p. 193)

Chapter 6. Case Studies on Article 6(2) (p. 249)

Conclusion (p. 277)

Bibliography (p. 283)

Official Documents (p. 289)