Enforcing the Child's Right to Know Her Origins
Contrasting Approaches Under the Convention on the Rights of the Child and the European Convention on Human Rights
Bibliographic Data
| ID | 12583307 |
|---|---|
| Authors | Samantha Besson (0000-0002-8666-3280, University of Fribourg, corresponding author) |
| Year | 2007 |
| Volume | 21 |
| Issue | 2 |
| Pages | 137-159 |
| Publication date | 2007-04-13 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Journal of Law Policy and the Family (JOURNAL) |
| Journal identifiers | ISSN: 1360-9939 • E-ISSN: 1464-3707 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/lawfam/ebm003 |
| OpenAlex | W2045430454 |
| Language | EN |
| Citations received | 13 |
| References cited | 4 |
The justification of the child's right to know her origins and the fundamental interests underlying it have attracted a lot of attention in recent years. This article goes one step further and assesses that right's enforcement in practice together with its guiding principles. It starts by restating what the right consists in and what interests it protects according to different international human rights instruments. It then reveals the conflicts of rights that lie at the heart of the implementation of the right to know and explain its complexity. After considering the competing interests present, the article argues that none of these interests and rights should be regarded as absolute and suggests ways in which they can be balanced against each other. The recent evolution in the European Court of Human Rights (ECtHR) case law with its more nuanced balancing of the competing rights is contrasted with the Convention on the Rights of the Child (CRC)'s focus on the child's paramount interest. The article argues that these different approaches are reflected in national legal orders in Europe. By tracing the origins of this divergence back to those conflicting international legal paradigms and by proposing abstract adjudication principles to guide the concrete balancing of competing rights, the article hopes to contribute to a better understanding and ultimate reconciliation of the child's multiple identities - social and biological
Convention · Convention on the Rights of the Child · Human rights · International human rights law · International law · Political science · Ethics and Legal Issues in Pediatric Healthcare · International Human Rights and Reproductive Law · Reproductive Health and Technologies · Law
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I wish someone would explain why I am in care”
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The birth certificate, ‘father unknown’ and adoption
Australian fathers and the adoption of their biological child
Definition of Mother in the English Legal System
Children’s rights and social media
Narrating connection in intercountry adoption
Islamic Principles On Adoption
Where the Parents are of the Same Sex
Domestic Implementation of the Donor-Conceived Child’s Right to Identity in Light of the Requirements of the UN Convention on the Rights of the Child
Identity in Postgenomic Times
Revisiting the Right to Know
| Unique citing works | 13 |
|---|---|
| Citations per year | 0,72 |
| Citation span | 2008 - 2025 (18) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 13 |