Non-Discrimination Principle In The Indonesian Legislation Concerning Children

DOI

10.2991/iclgg-17.2018.41How to use a DOI?

Keywords

Non-discrimination principle, discriminatory legislation, direct and indirect discrimination.

Abstract

Children are a group that is vulnerable to be violated or neglected of their rights. They are particularly vulnerable to discrimination in most societies. Besides experiencing discrimination based on their age, they also face discrimination on other grounds such as their gender, disability, or sexual orientation, and sometimes due to a combination of various reasons. Based on the Article 2 of the CRC, all forms of exemption and discrimination against children are prohibited. Indonesia has ratified the CRC through Presidential Decree Number 36/1990. Additionally, the 1945 Constitution of the Republic of Indonesia guarantees that every child shall have the right to survive, to grow and to develop and to be entitled the right to protection from violence and discrimination. Unfortunately, some of the Indonesian legislation which are expected to protect and ensure the fulfillment of children's rights are discriminatory. This article mainly discusses about two main issues. Firstly, it scrutinizes the principle of nondiscrimination as one of the general principles in the CRC. Secondly, it discusses the discriminatory nature of legislation in Indonesia concerning children. This study finds that as one of the general principles in the CRC, non-discrimination principle imposes State Parties to prohibit any form of discrimination and take positive action to promote children’s right to be free from any forms of discrimination. It is the State’s obligation to protect children from discrimination entails various state’s actions, including monitoring the implementation and reviewing the national law to ensure that all legislation, policy and practice is compatible with the non-discrimination principle contained in the CRC. This article also argues that both direct and indirect discriminaton occur in the implementation of the Indonesian national law.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Zendy Prameswari
AU  - Dwi Kristianti
PY  - 2017/11
DA  - 2017/11
TI  - Non-Discrimination Principle In The Indonesian Legislation Concerning Children
BT  - Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017)
PB  - Atlantis Press
SP  - 312
EP  - 322
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclgg-17.2018.41
DO  - 10.2991/iclgg-17.2018.41
ID  - Prameswari2017/11
ER  -