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Children's Right to Respect for Their Human Dignity

Permanent link
https://hdl.handle.net/10037/17533
DOI
https://doi.org/10.1163/9789004382817_003
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Date
2019
Type
Chapter
Bokkapittel

Author
Sigurdsen, Randi
Description
In this chapter, I will discuss the legal effect of including the concept of human dignity into section 104 of the Norwegian Constitution, which deals with children’s human rights. I will present the reason for including human dignity into section 104. To analyse the effect of the concept, it is necessary to give a presentation of the content, which is heavily debated in legal literature. The concept of human dignity is often linked to the concept of autonomy. As children are not autonomous in a legal understanding, the link between these two concepts has to be explored. Another often asked question is whether human dignity is a legal right or principle. I argue that it has to be understood as a principle and as the foundational principle of section 104, and the foundation for the other child-specific rights. The last main question is whether children are a vulnerable group in need of special protection. The age and their dependency might place children in a twofold vulnerable situation. Finally, I discuss the significance of human dignity in a child’s rights perspective.
Citation
Sigurdsen R: Children's Right to Respect for Their Human Dignity. In: Haugli t, Nylund A, Sigurdsen R, Bendiksen LL. Children’s Constitutional Rights in the Nordic Countries, 2019. Brill|Nijhoff p. 19-36
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