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Chapter 6 - Case Studies on Article 6(2)

Published online by Cambridge University Press:  28 November 2017

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Summary

INTRODUCTION

This chapter includes two detailed case studies that aim at highlighting the broad spectrum of article 6(2) on the right of the child to survival and development. This furthers the conclusion that the right of the child to survival and development is basically about the right of the child to ‘everything’. The case studies also emphasise the complex and evolving nature of State Party obligations under article 6(2). The two topics are discussed in detail. The discussion starts with the first case study, which adresses the interaction of climate change and the right of the child to survival and development. The second case study focuses on the connection between breastfeeding and the right of the child to survival and development.

However, legitimate questions might arise with regard to the bases for choosing the two topics. Why choose climate change and breastfeeding? Are there any very far-reaching considerations? The interaction between human rights and the current issue of climate change is an important and pressing topic. In fact, climate change negatively interacts with the right of the child to survival and development. In this respect, it is important for a ‘comprehensive’ study on the right of the child to survival and development to cover this current and significant topic. As for the case study on the right of the child to survival and development and breastfeeding, it is important to emphasise that the relationship between the two was emphasised, as discussed in Chapter 1, during the draft ing of article 6(2). It is also important to point out that the discussion is not about a subjective right of the baby against his or her mother. In fact it is more about the responsibility and obligations of the State in such a horizontal relationship.

FIRST CASE STUDY: CLIMATE CHANGE AND THE RIGHT OF THE CHILD TO SURVIVAL AND DEVELOPMENT

INDIVIDUALITY AND INDEPENDENCE OF THE RIGHT OF THE CHILD TO SURVIVAL AND DEVELOPMENT

It is important to re-emphasise that the right of the child to survival and development is a right on its own which is separate from other children's rights. It has its own broad formulation and components.

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