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Part Two The Doctrine and Practice of the Inter-American System, 11 The Rights of Children

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzmán, Cecilia Naddeo

From: Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzman, Cecilia Naddeo

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 April 2021

Subject(s):
Migrants, rights — Children, rights — Armed conflict

This chapter begins by defining the meaning of "child" in the inter-American system and surveying the content and relationship of the regional and international instruments that form the normative framework of children’s rights in the Americas. It then surveys how the concept and protection of children’s rights have evolved and how the System defines and determines what is in the best interest of children, and the special measures available to protect those interests under international law in general and inter-American jurisprudence in particular. After setting out the relevant framework to protect children’s rights, the chapter turns to practical questions, for example, how the Commission and Court have addressed violence against children, including in contexts of social unrest and armed conflict, the recent increase in the numbers of unaccompanied, migrant children in the Americas, and states obligations to internally and internationally displaced minors in the Inter-American system.

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