Lessons for Children's Rights from Women's Rights? Emancipation Rights As a Distinct Category of Human Rights

Forthcoming, Eva Brems, Ellen Desmet and Wouter Vandenhole (eds), Children’s Rights Law in the Global Human Rights Landscape: Isolation, inspiration, integration?, Routledge (2017), ISBN: 9781138639010

17 Pages Posted: 30 Dec 2016

See all articles by Eva Brems

Eva Brems

Ghent University-Universiteit Gent

Date Written: December 29, 2016

Abstract

This paper defines a category of ‘emancipation rights’, encompassing both women’s human rights and children’s human rights. The paper argues that some of the emancipatory human rights challenges are the same for women and children: these concern the need to ‘see that category of people differently’, and identifying some ‘protection’ dynamics as problematic from the perspective of autonomy rights. The paper claims however that the optimal balance between protection and autonomy is not the same for the two groups. Next, the paper zooms in on article 5 (1) CEDAW and explores the relevance of its dynamics for children’s rights.

Keywords: children's rights, women's rights, human rights, fragmentation

Suggested Citation

Brems, Eva, Lessons for Children's Rights from Women's Rights? Emancipation Rights As a Distinct Category of Human Rights (December 29, 2016). Forthcoming, Eva Brems, Ellen Desmet and Wouter Vandenhole (eds), Children’s Rights Law in the Global Human Rights Landscape: Isolation, inspiration, integration?, Routledge (2017), ISBN: 9781138639010 . Available at SSRN: https://ssrn.com/abstract=2891330

Eva Brems (Contact Author)

Ghent University-Universiteit Gent ( email )

Coupure Links 653
Gent, 9000
Belgium

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