”Discrimination Against Children” in the Light of Landmark Decisions of the European Court of Human Rights and the US Supreme Court

 One of the most significant and convoluted issues regarding the international protection of human rights is the right to non-discrimination. Discrimination, which can be defined as less favourable treatment in a narrow sense, undoubtedly poses a threat to various social groups in society; however, it is particularly a threat to children, as they are disadvantaged in terms of the power structure of society and are more vulnerable than adults due to their age-related necessities. A violation of rights during childhood can lead to much more serious and even irreparable consequences than a violation of rights experienced during adulthood, because it prevents or delays the flow of developmental opportunities during this period. Children who cannot influence decision-makers due to their inability to vote and who cannot assert their rights due to limited rights of participation and association face significant difficulties in expressing their experiences. In light of these facts, States have a great responsibility to ensure that a child whose rights have been violated due to discrimination based on ethnic background, disability, age, birth, other grounds such as religion, language, etc., can claim their rights, to compensate for the damage caused by the violation, and to prevent the recurrence of similar violations. 

Authors

Publication Details

Journal
İstanbul Hukuk Mecmuası / Istanbul Law Review
Published
2025-05-06
DOI
https://doi.org/10.26650/mecmua.2025.83.1.0014
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

”Discrimination Against Children” in the Light of Landmark Decisions of the European Court of Human Rights and the US Supreme Court

Peri Uran Murphy
İstanbul Hukuk Mecmuası / Istanbul Law Review
European and International Law Studies
article

”Discrimination Against Children” in the Light of Landmark Decisions of the European Court of Human Rights and the US Supreme Court

Peri Uran Murphy
article en

Abstract

 One of the most significant and convoluted issues regarding the international protection of human rights is the right to non-discrimination. Discrimination, which can be defined as less favourable treatment in a narrow sense, undoubtedly poses a threat to various social groups in society; however, it is particularly a threat to children, as they are disadvantaged in terms of the power structure of society and are more vulnerable than adults due to their age-related necessities. A violation of rights during childhood can lead to much more serious and even irreparable consequences than a violation of rights experienced during adulthood, because it prevents or delays the flow of developmental opportunities during this period. Children who cannot influence decision-makers due to their inability to vote and who cannot assert their rights due to limited rights of participation and association face significant difficulties in expressing their experiences. In light of these facts, States have a great responsibility to ensure that a child whose rights have been violated due to discrimination based on ethnic background, disability, age, birth, other grounds such as religion, language, etc., can claim their rights, to compensate for the damage caused by the violation, and to prevent the recurrence of similar violations. 

İstanbul Hukuk Mecmuası / Istanbul Law ReviewVol. 83(1)
Openalex Percentile: Top 88%
European and International Law Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.