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La protection des droits de l'enfant dans l'action extérieure de l'Union européenne

Abstract : The Treaty of Lisbon has deeply changed the scope of the external action of the European Union. One of the most important changes it has made to the European Union's external action is the constitutional objectives it now has to meet. Indeed, Article 3 §5 of the Treaty on EU concerns the international objectives of the EU. Among these objectives, one of them is particularly important. Firstly, because it reflects a new interest of the EU and, on the other hand, because it was unexpected: it is the aim of protecting children’s rights. The new status of the protection of children's rights in EU law has been relatively unnoticed and the doctrine has barely relayed it. This new aim on the international scene raises several questions related to the existence of legal tools for its realization or to the effectiveness of the measures adopted to protect children’s rights at an international level. These different issues are answered. However, the achievement of this objective reveals other difficulties that raise issues about the limits of European action and therefore the limits of the functioning of the EU. Children’s rights are a particular matter because they carry legal aspects, of course, but not only. The European Union, by deciding to incorporate their protection into its international objectives, finds itself in a balancing act, particularly in regard of the current international context, which combines armed conflicts, humanitarian crisis and major migratory movements. It is clear that, faced with this situation, there are many difficulties encountered by the EU for the achievement of this aim of protection of children’s right and even in making it a part of its external action.
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Submitted on : Friday, October 16, 2020 - 12:51:08 PM
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Sandie Batista. La protection des droits de l'enfant dans l'action extérieure de l'Union européenne. Droit. Normandie Université, 2018. Français. ⟨NNT : 2018NORMR035⟩. ⟨tel-02969099⟩

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