Constitutionalising Equality in the European Union: A Children's Rights Perspective

Abstract

The concept of equality has been central to the development of the European Union social agenda to such an extent that it is now universally acknowledged as a constitutionally-embedded norm. This paper discusses how equality has driven important legislative, judicial and institutional change in the EU, particularly for women, and how the success of the gender campaign has inspired important changes in respect of other marginalised groups. The paper focuses, in particular, on how the concept of equality offers an appropriate, meaningful and effective basis on which to enhance the status of children in the EU.

Following a formal analysis of how children fit within the equality/nondiscrimination paradigm at EU constitutional level, the paper moves on to discuss more critically how these provisions are transposed into tangible entitlement for this category of citizens. It explores mainstreaming as a potential mechanism for achieving substantive equality for children, again alluding to the successes of the gender campaign in this respect. The paper concludes by speculating on how a mainstreaming strategy might be adapted and applied in favour of children and discusses the advancements that have already been made in this regard.