Judicial Enforcement of Children’s Socio-Economic Rights: Possible Effects on Child Poverty in New Zealand

<p>This paper explores the idea of judicially enforceable socio-economic rights for children in New Zealand. Child poverty is an issue that has received increasing attention in New Zealand in recent years, and judicial enforcement of socio-economic rights for children is one way in which children’s socio-economic rights might be better realised. This paper identifies New Zealand’s international obligations towards children and draws on the work of children’s rights theorists. It argues that children are a unique category of rights-holders, and that this justifies prioritisation of judicial enforcement of their socio-economic rights. It explores the different ways in which courts have approached socio-economic rights enforcement, and makes a proposal as to how this might work in New Zealand. It concludes that the effect of judicial enforcement of children’s socio-economic rights on child poverty levels in New Zealand will depend on the type of remedy the courts choose to implement.</p>