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January 18, 2026Human Rights Law Review0 citations

Misappropriation of Children’s Rights as a Legitimate Aim?: Comparing the Responses of the European Court of Human Rights and the UN Human Rights Committee to LGBTQ+ Rights Backlash

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BDBetül Durmuş

Key Points

  • To explore how populist governments misappropriate children's rights to limit LGBTQ+ rights and compare judicial responses.
  • Comparative analysis of the European Court of Human Rights and the UN Human Rights Committee responses.
  • Examination of legal opinions and decisions related to children's rights and LGBTQ+ rights.
  • Critical assessment of the implications of protectionist views on both rights.
  • The European Court is more effective in uncovering the motives behind the misappropriation of children's rights.
  • Both courts struggle to move beyond a narrow protectionist view of children's rights.
  • LGBTQ+ rights are often marginalized in discussions centered around children's rights.

Abstract

ABSTRACT The protection of children’s rights is increasingly misappropriated by populist governments to justify restrictions on expressions related to sexual orientation and gender identity. The presumed conflict between children’s rights and lesbian, gay, bisexual, trasgender, queer and other identities (LGBTQ+) rights not only diverts attention from discriminatory motives but also distorts the meaning and scope of both groups of rights. While LGBTQ+ rights are marginalized and minimized, children’s rights are reduced to mere protection. This article comparatively examines the responses of the European Court of Human Rights and the United Nations (UN) Human Rights Committee to the misappropriation of children’s rights. It shows that the European Court of Human Rights fares better than the UN Human Rights Committee in unmasking the real motives during its legitimate aims review and protecting the scope of sexual orientation and gender identity expressions. However, both organs fail to move beyond the protectionist conception of children’s rights.

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Cite This Study

Betül Durmuş (2025) studied this question.

synapsesocial.com/papers/696c77d4eb60fb80d1396172https://doi.org/10.1093/hrlr/ngaf041
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