Title: 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

Authors: Despina Tziola

Addresses: Faculty of Law, Aristotle University of Thessaloniki, University Campus, Thessaloniki, 54124, Greece

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.

Keywords: children; non-discrimination; right to education; International Convention on the Rights of the Child; discernment criteria; international law; discrimination.

DOI: 10.1504/IJHRCS.2014.060438

International Journal of Human Rights and Constitutional Studies, 2014 Vol.2 No.1, pp.37 - 45

Received: 06 Oct 2012
Accepted: 15 Oct 2012

Published online: 16 Apr 2014 *

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