Article 2 of the United Nations Convention on the Rights of the Child: Non-Discrimination and Children’s Rights

Abstract

Non-discrimination is a fundamental principle of human rights law and is embraced in Article 2 of the United Nations Convention on the Rights of the Child. This chapter focusses on two key issues: the grounds of discrimination applicable to children and young people under Article 2 and the nature of the obligation placed on States Parties. It begins by exploring the grounds identified by the drafters and those that generated most debate in the course of their deliberations. Using textual analysis and the work of the United Nations Committee on the Rights of the Child and other bodies, it then probes the content of the obligations on States Parties and the extent to which their responsibility for ensuring non-discrimination has evolved into a positive obligation to promote equality. It concludes by identifying the prevalence and manifestations of discrimination perpetrated against children and young people around the world today.