Economic and Social Rights, Budgets and the Convention on the Rights of the Child
'Economic and Social Rights, Budgets and the Convention on the Rights of the Child' (2013) 21(2) International Journal of Children's Rights (Forthcoming)
24 Pages Posted: 1 Aug 2013
Date Written: June 1, 2013
Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Rights of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.
Keywords: children’s rights, economic and social rights, socio-economic rights, budgets, economic policy, budget analysis, maximum available resources, progressive realization, minimum core, Convention on the Rights of the Child, CRC, child rights
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