Book contents
- Frontmatter
- Acknowledgements
- Contents
- Introduction
- Chapter 1 Historical Background
- Chapter 2 Current and Possible Interpretations of Article 6(2). Analytical Perspectives to the Work of the Committee on the Rights of the Child
- Chapter 3 The Nature of Article 6(2) on the Survival and Development of the Child
- Chapter 4 The Survival and Development of the Child and the Child's Human Dignity
- 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
- Chapter 6 Case Studies on Article 6(2)
- Conclusion
- Bibliography
- Official Documents
Introduction
Published online by Cambridge University Press: 28 November 2017
- Frontmatter
- Acknowledgements
- Contents
- Introduction
- Chapter 1 Historical Background
- Chapter 2 Current and Possible Interpretations of Article 6(2). Analytical Perspectives to the Work of the Committee on the Rights of the Child
- Chapter 3 The Nature of Article 6(2) on the Survival and Development of the Child
- Chapter 4 The Survival and Development of the Child and the Child's Human Dignity
- 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
- Chapter 6 Case Studies on Article 6(2)
- Conclusion
- Bibliography
- Official Documents
Summary
One of the big achievements of the 1989 United Nations Convention on the Rights of the Child (CRC) is a provision designated for the survival and development of the child. Article 6(2) of this Convention reads: ‘State parties shall ensure to the maximum extent possible the survival and development of the child.’ This article is unique, for two reasons: firstly, because it guarantees for the child a rights-based approach for his or her survival and development. This means that the survival and development of the child is no longer merely charity that is given to the child by individuals, society and more significantly the State, who have jurisdiction over the child. Secondly, it is unique because it allows for terms such as ‘survival’ to be included in the body of a legally binding document. This has not been an easy thing to achieve, as will be explained later in the book.
The exceptional existence of article 6(2) requires a comprehensive interpretation that fulfils the spirit and aims of this provision. This is also important when considering the significant position of the Convention on the Rights of the Child as a whole. Suffice to say, in this respect, that with the exception of the United States, Somalia and South Sudan, the Convention on the Rights of the Child has achieved universal ratification.
The wide ratification of the Convention also makes it necessary to have an updated understanding of its provisions, particularly article 6(2). This kind of knowledge should be useful for the fulfilment and implementation of the right of the child to survival and development in almost every country around the globe. In addition, human-rights instruments in general, and the Convention on the Rights of the Child in particular, are meant to be living documents. This requires the interpretation of the Convention to be constantly reviewed and renewed. The legal interpretation presented in this book is one step in this direction. Obviously, there is always going to be a need for a deeper and updated understanding of the right of the child to survival and development.
Chapter 1 of the book discusses the rather difficult process that led to the adoption of article 6(2).
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- Publisher: IntersentiaPrint publication year: 2015