Although children have the right to all the rights described in the UN’s nine core conventions, the Convention on the Rights of the Child (CRC) offers a special focus and awareness on the specific needs of the child. The Convention defines a child as anyone below the age of eighteen and affirms that the child fully possesses human rights. CRC from 1989 is the most rapidly and widely ratified human rights treaty in history. 194 states have ratified the convention and thereby agreed to protect children’s rights in accordance with the convention. The CRC contains 54 articles.   

The Convention rests upon four general principles:

The Best Interests of the Child
Article 3 of the Convention states, that in “all actions concerning children, the best interest of the child shall be a primary consideration.” This requires that any act of the government or other stakeholders should be reviewed for its possible or actual impact on children. This provides vital guidance to laws, plans, policies, and programmes but also to e.g. court or administrative decisions. As a starting point, the parents decide what is best for the child, but if they cannot agree or are not able to care for the child, the authorities must step in to ensure the best interests of the child.  

The Right to Equality & Non-discrimination
Article 2 of the CRC captures the responsibility of the state to “respect and ensure the rights of each child […] without discrimination of any kind, [regardless] of… race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth, or other status.”. Other articles specifically mention the rights of children with disabilities and rights of minorities.

The Right to Protection & Development
Article 6 states that “every child has the inherent right to life” and that “States […] shall ensure to the maximum extent the survival and development of the child.” This means that every child not only has the right to physical health and protection, but also to mental, emotional, knowledge, social and cultural development. Other articles specifically mention what the child should be protected against (including all forms of violence, kidnapping, child labour, drugs, trafficking, cruel punishment) and what measures should be taken to protect children and support their development (juvenile justice, parental guidance, name, nationality, identity, health, living standard, education, leisure, play, and culture).

The Right to Participation & Inclusion
Article 12 states that the child has the right to express an opinion and to have that opinion considered in any matter affecting him or her based on the child’s age and maturity. Beyond that, the child has the right to a series of freedoms that support its right to participate, including its freedom of expression, thought & religion, association & assembly, and access to information. The Convention on the Rights of the Child is monitored by the Committee on the Rights of the Child, which consists of 18 independent experts. The countries, which have ratified the Convention, must report to the Committee every five years on how the Convention is being implemented by the national legislation and in practice. NGOs may also make so-called shadow reports to the Committee highlighting issues not raised by the government. Based on the reports, the committee examines the country’s implementation of the convention. The Convention on the Rights of the Child has four so-called optional protocols which address the specific areas:

  1. Trafficking of children;
  2. Child prostitution;
  3. Child pornography;
  4. Children in armed conflict.

The UN organisation UNICEF works specifically to advocate for the protection of the rights of the child, to help meet their basic needs, and to expand their opportunities to reach their full potential. As you can see below, the material has been structured into 4 themes which reflect the four general principles of the Convention.

Last modified: martes, 17 agosto 2021, 10:57 AM