Download This PaperThe Human Rights Obligations of the Holy See under the Convention on the Rights of the Child
Duke Journal of Comparative and International Law, vol. 31; Amsterdam Law School Research Paper No. 2020-56
73 Pages Posted: 24 Oct 2019 Last revised: 4 Apr 2022
Date Written: June 4, 2021
Abstract
In considering the application of human rights law to non-state actors, we should not overlook one case where a non-state actor is quite clearly bound to human rights law: the case of the Holy See and its adherence to the Convention on the Rights of the Child (CRC). While many authorities have debated whether non-state actors can be held responsible for human rights obligations, most analyses omit notice of the unique case of the Holy See. Admittedly, it is very unusual for a religious institution to participate in international law, and the Holy See sometimes resists the “normal” application of international law to its activities, citing its unique nature. It does seem strange to subject a church to international law. However, the personality of the Holy See as a legal issue depends on the application of international law. This paper will assess whether human rights law can apply to the Holy See, as a non-state actor, in the same or similar manner as it applies to states. This non-state actor has an almost unimpeachable legal personality, yet it is not a state, and while it does participate in some human rights treaties, it is still rather unclear how those obligations apply.
Keywords: Holy See, Vatican, Pope, Rights of the Child, CRC, human rights, child, non-state, jurisdiction, extraterritorial, control
JEL Classification: K00, K10, K19, K30, K33, K39, K40, K42, K49
Suggested Citation: Suggested Citation