Children's Rights

The pandemic, insurgent birth certificates and conflict-affected children

The pandemic, insurgent birth certificates and conflict-affected children

When armed groups control territory, they not infrequently administer public services, and the pandemic is no exception. Non-state armed groups in the Philippines introduced a “shelter in place” order requiring...
The Inter American Court of Human Rights sets standards on the gender-based violence continuum in educational settings

The Inter American Court of Human Rights sets standards on the gender-based violence continuum in educational settings

Guzmán Albarracín and Others vs Ecuador, adopted by the Inter American Court of Human Rights in June 2020, is historic. This is the first case in the Inter American Human...
Vicarious liability for acts of sexual and gender-based violence by teachers in Kenya

Vicarious liability for acts of sexual and gender-based violence by teachers in Kenya

In Teachers Service Commission v WJ & 5 others [2020] eKLR, the Court of Appeal held that the Teacher’s Service Commission (TSC), a body with the constitutional responsibility to employ...
Environmental protection of children’s right to life: ICCPR General Comment 36

Environmental protection of children’s right to life: ICCPR General Comment 36

As the indivisibility of human rights and environmental protection solidifies as a norm of international human rights law, children are increasingly claiming their right to environmental protection under domestic constitutions...
The Right to Nutrition and Basic Education: Ensuring Access to School Meals in South Africa

The Right to Nutrition and Basic Education: Ensuring Access to School Meals in South Africa

In Equal Education and Others v Minister of Basic Education, the organisation Equal Education and the school governing bodies of two public schools (“the applicants”), represented by SECTION27 and the...
A drought-stricken and marginalised Tharparkar: The right to water and COVID-19 in Pakistan

A drought-stricken and marginalised Tharparkar: The right to water and COVID-19 in Pakistan

The people of Tharparkar (Thar), Pakistan, called ‘Tharis’, have been facing water scarcity for years. In the backdrop of the COVID-19 pandemic, the provision of quality water is essential. While...
Indian Supreme Court Arbitrarily Limits Children’s Right to Protest

Indian Supreme Court Arbitrarily Limits Children’s Right to Protest

On February 10, the Supreme Court of India (SC) issued a notice to prohibit children from entering the areas where Anti – CAA (Citizenship Amendment Act) protests were held. The...
Federal Court Holds There Is a Fundamental Right to Education Under the U.S Constitution

Federal Court Holds There Is a Fundamental Right to Education Under the U.S Constitution

In a landmark decision issued last week in the Gary B. v. Whitmer case, the U.S Court of Appeals for the Sixth Circuit held there is a “fundamental right to...
Covid-19: Crushing Silence Greets Calls to Top Up Child Support Grants in South Africa

Covid-19: Crushing Silence Greets Calls to Top Up Child Support Grants in South Africa

Three weeks into an extensive national lockdown, the South African government has yet to announce any concrete economic relief for the country’s poorest households. This is notwithstanding compelling economic analysis...
International Legal Systems Failing Child Victims of Peacekeeper Sexual Abuse

International Legal Systems Failing Child Victims of Peacekeeper Sexual Abuse

The widespread and enduring problem of sexual exploitation and abuse by peacekeepers has been well documented over recent years. Many of the most disturbing cases have involved children, with peacekeepers...
High Court Victory upholding the Right to Education for Undocumented Learners in South Africa

High Court Victory upholding the Right to Education for Undocumented Learners in South Africa

On Thursday 12 December, the Makhanda High Court affirmed that all learners in South Africa have the constitutional right to a basic education and that the right cannot be denied...
Brand “spanking” new law – South African Constitutional Court Outlaws Corporal Punishment of Children

Brand “spanking” new law – South African Constitutional Court Outlaws Corporal Punishment of Children

On the 18th of September 2019, Chief Justice Mogoeng handed down a unanimous judgment declaring the common law defence of moderate and reasonable chastisement constitutionally invalid. Freedom of Religion SA...

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