Foreign International Law

Commentary on the United Nations Convention on the Rights of by Vandenhole, W., Andre Alen, Johan Vande Lanotte, Eugeen

By Vandenhole, W., Andre Alen, Johan Vande Lanotte, Eugeen Verhellen, Fiona Ang

This quantity constitutes a observation on Article 26 of the United countries conference at the Rights of the kid. it truly is a part of the sequence, "A remark at the United international locations conference at the Rights of the Child", which supplies an editorial by way of article research of all sizeable, organizational and procedural provisions of the CRC and its non-compulsory Protocols. for each article, a comparability with comparable human rights provisions is made, by way of an in-depth exploration of the character and scope of nation responsibilities deriving from that article. The sequence constitutes a vital instrument for actors within the box of kid's rights, together with lecturers, scholars, judges, grassroots staff, governmental, non-governmental and overseas officials. The sequence is backed by way of the Belgian Federal technology coverage place of work.

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Extra resources for Commentary on the United Nations Convention on the Rights of the Child, Article 26: The Right to Benefit from Social Security (Commentary on the United Nations Convention on the Rights of the Child.)

Sample text

59 Taking for example into account that not all branches may be directly applicable to children. 57 SCOPE OF ARTICLE 26 21 Furthermore, States are asked to indicate whether there are any groups which do not enjoy the right to social security at all or which do so to a significantly lesser degree than the majority of the population. Particular attention is paid to the situation of women in that respect. States are to indicate what measures are regarded as necessary in order to realize the right to social security for the groups mentioned; to explain the policy measures they have taken, to the maximum of their available resources, to implement the right to social security for these groups (including a calendar and time-related benchmarks for measuring their achievements in this regard); and to describe the effect of these measures on the situation of the vulnerable and disadvantaged groups in point, and report the successes, problems and shortcomings of such measures.

7. 75 76 SCOPE OF ARTICLE 26 25 Canada and the United States suggested language that was not mandatory and that implied that the right to benefit from social security was a goal the realisation of which would be a matter of progressive realisation. 79 Clearly, no obligation of immediate implementation was intended by the drafters, but rather one of progressive realisation. This was stressed by the initial insertion in para. 80 In the end, the reference in para. 81 The CRC Committee has so far not really expressed itself on the requirement of progressive realisation of the right to benefit from social security.

5, General Measures of Implementation of the Convention on the Rights of the Child (Arts. 4, 42 and 44, para. 6) (UN Doc. CRC/GC/5, 2003), paras. 5 and 8. 26 CHAPTER THREE the immediate full realisation of economic, social and cultural rights, due to the limits to available resources. However, a number of obligations are considered to be of immediate effect. 86 Another is the obligation to take steps, which are deliberate, concrete and targeted towards full realisation. 89 This prioritisation in particular has been strongly emphasized in the concluding observations of the CRC Committee too (Cf.

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