The combined approach of Articles 2 (1) and 28 (1) of the International Convention on the Rights of the Child 1989 as a source of international law of non-discrimination
by Despina Tziola
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 2, No. 1, 2014

Abstract: In this article, we report the combined approach of Articles 2 (1) and 28 (1) of the Convention on the Rights of the Child 1989 as a source of international law of the non-discrimination. The principle of non-discrimination is a general principle of free enjoyment of rights without discrimination. However, the discrimination faced by children in education is a fact and is based on specific criteria, which are analysed and are the 'driving force' in the understanding of the principle of non-discrimination [Art. 2 (1)] in combination with the right to education [Art. 28 (1)]. This leads to the fact that the incorrect application of the Contracting States results in a deadlock which is protected by the Convention category, i.e., children, compromising the level of protection of their rights.

Online publication date: Sat, 24-May-2014

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