”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
- Peri Uran Murphy (ORCID: https://orcid.org/0000-0002-8039-3814)
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