Is the UN Committee on the Rights of the Child doing enough to protect the rights of LGBT children and children with same-sex parents?

Article


Gerber, Paula and Timoshanko, Aaron. 2021. "Is the UN Committee on the Rights of the Child doing enough to protect the rights of LGBT children and children with same-sex parents?" Human Rights Law Review. 21 (4), pp. 786-836. https://doi.org/10.1093/hrlr/ngab012
Article Title

Is the UN Committee on the Rights of the Child doing enough to protect the rights of LGBT children and children with same-sex parents?

ERA Journal ID33406
Article CategoryArticle
AuthorsGerber, Paula (Author) and Timoshanko, Aaron (Author)
Journal TitleHuman Rights Law Review
Journal Citation21 (4), pp. 786-836
Number of Pages51
Year2021
Place of PublicationUnited Kingdom
ISSN1461-7781
1744-1021
Digital Object Identifier (DOI)https://doi.org/10.1093/hrlr/ngab012
Web Address (URL)https://academic.oup.com/hrlr/advance-article-abstract/doi/10.1093/hrlr/ngab012/6275912
Abstract

Children often face discrimination, bullying and even violence because of their sexual orientation or gender identity, as do children raised by parents who are lesbian, gay, bisexual or transgender (LGBT). This article considers what the UN Committee on the Rights of the Child is doing to protect the rights of LGBT children and children with LGBT parents. To make such an assessment, this article critically analyses the Committee’s Concluding Observations over a ten-year period, its General Comments and its Views on Individual Communications. The conclusion reached is that while the Committee has made encouraging progress in recent years when it comes to addressing LGBT related issues, there is still room for improvement in the way the Committee seeks to protect children from discrimination on the basis of sexual orientation and gender identity.

KeywordsLGBT, sexual orientation, gender identity, SOGI, Convention on the Rights of the Child, Committee on the Rights of the Child
ANZSRC Field of Research 2020480504. Legal institutions (incl. courts and justice systems)
480407. Law, gender and sexuality (incl. feminist legal scholarship)
480307. International humanitarian and human rights law
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Byline AffiliationsMonash University
School of Law and Justice
Institution of OriginUniversity of Southern Queensland
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