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

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

This quantity constitutes a remark on Article 26 of the United countries conference at the Rights of the kid. it really 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 similar human rights provisions is made, via an in-depth exploration of the character and scope of kingdom duties deriving from that article. The sequence constitutes an important instrument for actors within the box of kid's rights, together with teachers, scholars, judges, grassroots staff, governmental, non-governmental and overseas officials. The sequence is subsidized by means of the Belgian Federal technology coverage workplace.

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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.)

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The CRC Committee’s reporting guidelines are not very specific on the information to be provided in relation to Article 26. States are to report on the right to benefit from social security under the cluster heading of basic health and welfare, in which one sub-section is devoted to ‘social security and child care services and facilities’ (Articles 26 and 18(3) of the CRC). 56 More in particular with regard to the right to benefit from social security, issues to be addressed include: ’measures adopted to recognize for every child the right to benefit from social security, including social insurance; necessary measures taken to achieve the full realization of this right in accordance with the national law; and the manner in which the benefits 54 However, in the context of the (R)ESC, the distinction is not devoid of all meaning.

40. 182 CESCR Committee, Concluding Observations: Uzbekistan (UN Doc. 12/UZB/CO/1, 2006), para. 53. 186 A more stringent approach has been taken by the ECSR.

96 The ECSR’s approach is instructive in the way the assessment of progress can be done pragmatically, so that requirements of progressive realisation and non-retrogressive measures do not impose unrealistic obligations on States Parties, in particular those Parties who face serious economic recession. For the ECSR, the assessment of progress is first of all a general one: the question is whether, overall, there has been more progress than regression. 99 Such a general assessment has also been favoured by the Inter-American Court of Human Rights.

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