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Judicial Enforcement of Children’s Socio-Economic Rights: Possible Effects on Child Poverty in New Zealand

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posted on 2021-11-15, 08:32 authored by Macaulay, Sophie

This paper explores the idea of judicially enforceable socio-economic rights for children in New Zealand. Child poverty is an issue that has received increasing attention in New Zealand in recent years, and judicial enforcement of socio-economic rights for children is one way in which children’s socio-economic rights might be better realised. This paper identifies New Zealand’s international obligations towards children and draws on the work of children’s rights theorists. It argues that children are a unique category of rights-holders, and that this justifies prioritisation of judicial enforcement of their socio-economic rights. It explores the different ways in which courts have approached socio-economic rights enforcement, and makes a proposal as to how this might work in New Zealand. It concludes that the effect of judicial enforcement of children’s socio-economic rights on child poverty levels in New Zealand will depend on the type of remedy the courts choose to implement.

History

Copyright Date

2014-01-01

Date of Award

2014-01-01

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law

Advisors

Colon-Rios, Joel