Non-discrimination is a fundamental principle of human rights law and is embraced in Article 2 of the United Nations Convention on the Rights of the Child. This chapter focusses on two key issues: the grounds of discrimination applicable to children and young people under Article 2 and the nature of the obligation placed on States Parties. It begins by exploring the grounds identified by the drafters and those that generated most debate in the course of their deliberations. Using textual anal...
This article questions whether sufficient attention is given to addressing violations of socioeconomic rights in the transitional justice context. Economic and Social rights (ESR) are rights associated with areas such as health, education, employment and housing. They are binding international legal standards and their protection extends to some of the most vulnerable groups in society. Transitional justice is the discipline examining the mechanisms through which the wrongs of a prior regime ...
The United Kingdom’s politicised and contested human rights framework has come under increasing pressure during recent periods of constitutional and political instability. The UK 2016 referendum on membership of the European Union, the delayed repeal of the Human Rights Act 1998 and the proposals to enact a British Bill of Rights have all shaped the discourse at the national level around decisions to retain rights (or not) rather than progressively improve the human rights structure. The Euro...
This article examines the status of economic, social and cultural (ESC) rights in Scotland and identifies routes to remedy for violations of these rights. ESC rights relate to areas such as housing, education, employment, standard of living and health. Violations of ESC rights impact on the most vulnerable in society. The mapping of rights conducted by the Scottish Human Rights Commission before the publication of the Getting It Right report revealed a legal deficit in the protection of ESC r...
In this paper, we will discuss how competence can affect a person’s ability to avoid avalanches and present a way of modelling such competence. Given that the prior probability of getting caught in avalanches is fairly low for any skier (competent or not), we draw some consequences from the model using Bayes’ theorem for “everyday” situations.
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