Reclaiming Progressive Realization: A Children's Rights Analysis

Byrne, Seamus (2020) Reclaiming Progressive Realization: A Children's Rights Analysis. The International Journal of Children's Rights, 28 (4). pp. 748-777.

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Abstract

Any discussion on children’s socio-economic rights should not overlook their means of fulfilment; namely, the principle of progressive realisation and the legal duties arising therefrom. This article argues that from a children’s rights perspective, this principle has remained legally and operationally underdeveloped by the Committee on the Rights of the Child. This can be seen from their failure sufficiently to engage with, and address, the obligations imposed by progressive realisation in their General Comments and in their Concluding Observations on state practice issued under the Convention’s reporting process. This article argues that the cumulative consequence of these failings is that the Committee has peripheralised this important legal obligation within children’s rights scholarship and has ultimately undermined its ability to achieve its full legal potential in enhancing children’s socio-economic rights. In advocating for the promulgation of a revised General Comment on the General Measures of Implementation, it demonstrates how children’s rights can meaningfully reconnect with the principle in a more consequential way.

Item Type:	Article
Uncontrolled Keywords:	progressive realisation, general comments, concluding observations, Committee on the Rights of the Child, general measures of implementation
Depositing User:	Symplectic Admin
Date Deposited:	01 Oct 2020 09:01
Last Modified:	18 Jan 2023 23:30
DOI:	10.1163/15718182-28040011
Related URLs:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3103119