Age discrimination exceptionalism? A children's rights perspective

There are no strong reasons for age discrimination exceptionalism. General human rights law principles on non-discrimination and equality can be applied to age differentiation. In the current case-law of the ECtHR, age differentiation does not require “very weighty reasons” to be justifiable. It is unclear whether age may ever qualify as a particularly suspect ground that requires “very weighty reasons” to justify differentiation between children and adults, since people by definition only temporarily belong to the category of children. There is a case for child exceptionalism in the best interests of the child, for protection reasons. Therefore, age differentiation in favor of children may be justifiable or even mandatory in light of the different position of vulnerability of children. But any plea for child exceptionalism on grounds of age comes at a price: it reinforces ageism/adultism and stereotypes of children, and illustrates how the difference dilemma plays out with regard to children.

Jaar van publicatie:2023

Trefwoorden:P3 Proceeding

Toegankelijkheid:Closed