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1 - The Child and Human Rights

The Birth of the Child Rights Regime

Published online by Cambridge University Press:  07 November 2024

Maria Grahn-Farley
Maria Grahn-Farley
Affiliation:
Göteborgs Universitet, Sweden
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Summary

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.

Keywords

Universalismhuman rightschild rightsdiscriminationequality
Type
Chapter
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Child Rights, Legal Theory and Social Advocacy , pp. 7 - 29
Publisher: Cambridge University Press
Print publication year: 2024

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  • The Child and Human Rights
  • Maria Grahn-Farley, Göteborgs Universitet, Sweden
  • Book: Child Rights, Legal Theory and Social Advocacy
  • Online publication: 07 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009366953.002
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  • The Child and Human Rights
  • Maria Grahn-Farley, Göteborgs Universitet, Sweden
  • Book: Child Rights, Legal Theory and Social Advocacy
  • Online publication: 07 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009366953.002
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Child and Human Rights
  • Maria Grahn-Farley, Göteborgs Universitet, Sweden
  • Book: Child Rights, Legal Theory and Social Advocacy
  • Online publication: 07 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009366953.002
Available formats
×