The principle of solidarity and the Convention on the Rights of the Child. A decolonial reading of continuities and responsibility

Abstract

This paper discusses the scope and degree of implementation of the principle of solidarity, which justifies action being taken by the European Union both within and external to its own member states, in relation to the International Convention on the Rights of the Child and the reality of the violation of these rights in Brazil, as exemplified by the large numbers of juveniles deprived of liberty in socio-educational detention centers. Literature on the subject is reviewed to identify the legal possibility of the European Union operating outside of its own bloc of member states, for the purpose of protecting the human rights of these young people. Secondary data are employed to illustrate the reality of such violations of the rights of young people, either when they come into conflict with the law or are the victims of state action, as a way of justifying possible European Union action in Brazil. The precepts of decolonial studies are used to examine how this application of the “principle of solidarity” might be operationalized, in the understanding that the only possible way to achieve this would involve taking responsibility for economic investment in reducing inequality.

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