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Combatting obesogenic commercial practices through the implementation of the best interests of the child principle

In: Ending Childhood Obesity

Author

Listed:
  • Amandine Garde
  • Seamus Byrne

Abstract

Garde and Byrne explore the tension between children’s rights and the economic ‘rights’ of corporations. Specifically, they argue that the best interests of the child principle, enshrined in Article 3(1) CRC, provides a potent legal hook upon which States can uphold the child’s right to health by modifying their food environments and therefore contribute to the prevention of obesity. They explore how the best interests principle can exert significant legal traction regarding the imposition of marketing restrictions of unhealthy food to children by highlighting the need for states to specifically determine, firstly, what is in the child’s best interests, before assigning it its due weight when assessing it against competing interests. In particular, they argue that the more systematic use of the best interests of the child principle would help to moderate legal claims throughout the policy process and could support strategic litigation in the interests of public health.

Suggested Citation

  • Amandine Garde & Seamus Byrne, 2020. "Combatting obesogenic commercial practices through the implementation of the best interests of the child principle," Chapters, in: Amandine Garde & Joshua Curtis & Olivier De Schutter (ed.), Ending Childhood Obesity, chapter 10, pages 251-281, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:18042_10
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