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12 Article 10: The Rights of Families, Mothers and Children

Ben Saul, David Kinley, Jacqueline Mowbray

From: The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials

Ben Saul, David Kinley, Jaqueline Mowbray

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 15 January 2021

Subject(s):
Children, rights — Immigration — Economic, social, and cultural rights — Right to non-discrimination — Right to family — Regional co-operation
The States Parties to the present Covenant recognize that: Article 10(1) protects the family, including children, and requires free consent to marriage; Article 10(2) protects mothers, including workers; and Article 10(3) protects children, including in work. The provision establishes autonomous rights and does not merely particularize the application of other ICESCR rights to families, mothers or children. At the same time, it clearly crosses over into the same or similar subject matter of some other ICESCR rights, namely rights to work, social security,...
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