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The Birth of the Child Rights Regime
Published online by Cambridge University Press: 07 November 2024
The CRC does not define the beginning of childhood, only its end. Human rights are granted to all humans based on their humanity. The justification for human rights is that every individual is born and has a rational mind. The monist construction of the child-rights identity is unique as a human right since it does not require either mind or body for its realization, as it is based on age and not the body and mind. The CRC is constructed to cover every child and in some cases from conception, which means that the rights of the child cannot meet liberal rights’ ideas of freedom as a foundation since the individual freedom is conditioned on the immaterial rational mind controling the material body, which the unborn child or very young child do not possess.
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