UNICEF's Role in Child Rights Protection
UNICEF's Role in Child Rights Protection
UNIVERSITY
VISAKHAPATNAM, A.P., INDIA
I would also like to thank our Institution and our faculty members without whom this project
would have been a distant reality. I take this opportunity to thank and pay respect and love to
my parents and all other family members and friends for their love and encouragement
throughout.
ROLE OF UNICEF IN PROTECTING CHILD RIGHTS (W.R.T
CONVENTION ON RIGHTS OF CHILD)
Activating a promise
Nearly 25 years ago, the world made a promise to children: that we would do everything in
our power to protect and promote their rights to survive and thrive, to learn and grow, to
make their voices heard and to reach their full potential.
This year, as we approach the 25th anniversary of the Convention on the Rights of the Child
(CRC), there is much to celebrate: from declining infant mortality, to rising school enrolment,
to better opportunities for girls.
In spite of the overall gains, there are many children who have fallen even further behind. Old
challenges have combined with new problems to deprive many children of their rights and the
benefits of development. To meet these challenges, and to reach those children who are
hardest to reach, we need new ways of thinking and new ways of doing.
Recognizing this, UNICEF has declared 2014 as the Year of Innovation for Equity – to focus
the world’s attention on showcasing and developing innovative solutions for children’s well-
being. Throughout 2014, UNICEF will convene a series of “Activate Talks” which will bring
together change makers from all walks of life to rethink and rework how we can deliver
results for the most vulnerable and marginalized children.
The talks will take place throughout 2014, and will be live-streamed or broadcast on
the Activate Talks web portal. To broaden the dialogue we invite all visitors to the site to get
involved in the discussions and debates and to share their views and experiences of
innovation for children.
Human rights are those rights which are essential to live as human beings – basic standards
without which people cannot survive and develop in dignity. Human rights are inherent to the
human person, inalienable and universal.
The United Nations set a common standard on human rights with the adoption of the
Universal Declaration of Human Rights in 1948. Although this Declaration is not part of
binding international law, its acceptance by all countries around the world gives great moral
weight to the fundamental principle that all human beings, rich and poor, strong and weak,
male and female, of all races and religions, are to be treated equally and with respect.
The United Nations has since adopted many legally binding international human rights
treaties and agreements. These treaties are used as a framework for discussing and applying
human rights. Through these instruments, the principles and rights they outline become legal
obligations on those States choosing to be bound by them. The framework also establishes
legal and other mechanisms to hold governments accountable in the event they violate human
rights.
The instruments of the international human rights framework are the Universal Declaration of
Human Rights and the six core human rights treaties: the International Covenant on Civil and
Political Rights; the International Covenant on Economic, Social and Cultural Rights; the
Convention on the Rights of the Child; the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment; the International Convention on the
Elimination of All Forms of Racial Discrimination; and the Convention on the Elimination of
All Forms of Discrimination against Women. Every country in the world has ratified at least
one of these, and many have ratified most of them. These treaties are important tools for
holding governments accountable for the respect for, protection of and realization of the
rights of individuals in their country.
As part of the framework of human rights law, all human rights are indivisible, interrelated
and interdependent. Understanding this framework is important to promoting, protecting and
realizing children’s rights because the CRC—and the rights and duties contained in it—are
part of the framework.
Human rights are standards that recognize and protect the dignity of all human beings.
Human rights govern how individual human beings live in society and with each other, as
well as their relationship with governments and the obligations that governments have
towards them.
Human rights law obliges governments to do some things, and prevents them from doing
others. Individuals also have responsibilities: in using their human rights, they must respect
the rights of others. No government, group or individual person has the right to do anything
that violates another’s rights.
Human rights are inherent; we are simply born with them and they belong to each of us as a
result of our common humanity. Human rights are not owned by select people or given as a
gift. They are inalienable; individuals cannot give them up and they cannot be taken away —
even if governments do not recognize or protect them. They are universal; they are held by all
people, everywhere – regardless of age, sex, race, religion, nationality, income level or any
other status or condition in life. Human rights belong to each and every one of us equally.
All rights are equal and no right is superior to any other; there are no ‘small’ rights. Human
rights are indivisible and interrelated, with a focus on the individual and the community as a
whole. Although human rights are often divided into two categories—civil and political
rights and economic, social and cultural rights—rights cannot be treated separately or in
distinct categories because the enjoyment of one right usually depends on fulfillment of other
rights. People who are denied civil and political rights, such as political participation, have no
means to protect the economic, social and cultural rights covering such needs as education
and health care. Similarly, where basic survival needs are not met, civil and political rights
may be meaningless as people become overwhelmingly concerned with getting adequate food
and shelter. Different rights therefore should not be considered in isolation.
Path to the CRC
The path to the Convention on the Rights of the Child has been long and slow. In 1945, the
United Nations Charter laid the groundwork for the Convention by urging nations to promote
and encourage respect for human rights and fundamental freedoms 'for all'. The Universal
Declaration of Human Rights followed three years later, further stressing that "motherhood
and childhood are entitled to special care and protection" and referring to the family as "the
natural and fundamental group unit of society." Several Declarations on the Rights of the
Child were agreed during the twentieth century, the last in 1959 "recognizing that Mankind
owes to the child the best that it has to give."
Declarations are statements of moral and ethical intent but they are not legally binding
instruments. The international human rights framework was therefore built to contain
covenants (or conventions) that carry the weight of international law. In 1976, the first two
covenants—the International Covenants on Civil and Political Rights and on Economic,
Social and Cultural Rights—became binding on States parties. These two Covenants used the
foundation of the rights and principles in the Universal Declaration of Human Rights, and
thus provided a legal as well as a moral obligation for countries to respect the human rights of
each individual.
Children’s rights then followed the same path. In 1978, on the eve of the United Nations-
sponsored International Year of the Child, a draft text was proposed for the Convention on
the Rights of the Child. Drawing heavily from the Universal Declaration of Human Rights;
the International Covenant on Civil and Political Rights; and the International Covenant on
Economic, Social and Cultural Rights, a working group within the United Nations then
collaborated and revised the draft, finally agreeing what became the articles of the
Convention on the Rights of the Child.
Final approval from United Nations Member States came when the UN General Assembly
unanimously adopted the text of the Convention on the Rights of the Child on 20 November
1989. The Convention then became legally binding in September 1990, after 20 States had
ratified it. Many countries ratified the Convention very soon after it was adopted and others
continued to ratify or accede to it, making it the most widely ratified human rights treaty.
Nearly all States are now parties. Somalia and the United States have not yet ratified the
Convention but have signed it, indicating their support.
The United Nations has repeatedly emphasized the need to integrate human rights into the
broad range of its activities. It is essential to recognize the potential of almost all UN human
rights mechanisms and procedures for contributing to the protection and promotion of
children’s rights.
The creation of a body of international human rights law is one of the United Nations’ great
achievements. The United Nations has helped negotiate more than 70 human rights treaties
and declarations—many focused on the rights of vulnerable groups such as women, children,
persons with disabilities, minorities and indigenous peoples. Together, these treaties and
declarations have helped create a ‘culture of human rights’ throughout the world, providing a
powerful tool to protect and promote all rights. In accordance with the treaties, States parties
have set up treaty body committees that may call upon States to respond to allegations, adopt
decisions and publish them along with criticisms or recommendations. For the full text of the
core human rights treaties, see the links at right.
The standards articulated in the international covenants and conventions have been reinforced
through declarations and plans of action that have emerged from a series of World
Conferences organized by the United Nations. These conferences have gained importance as
real forums for deciding on national and international policy regarding such global issues as
the environment, human rights and economic development. They focus world attention on
these issues and place them squarely on the global agenda.
UNICEF's work in the area of child rights is informed by the World Summit for Children
(1990), as well as by the World Conference on Education for All (1990), the World
Conference on Human Rights (1993), the World Summit for Social Development (1995), the
Fourth World Conference on Women (1995), the Millennium Summit (2000), and the World
Summit and Special Session on Children (2005). The 1993 World Conference on Human
Rights, in particular, recognized that the human rights of children constitute a priority for
action within the United Nations system. At the 2005 Special Session on Children, Member
States committed themselves to improving the situation of children.
The United Nations promotes respect for the law and protection of human rights in many
other ways, including:
Monitoring the human rights records of nations: The treaty body committees receive
technical, logistical and financial support from the United Nations. The United Nations also
has an Office of the High Commissioner for Human Rights, which is mandated to promote
and protect the enjoyment and full realization by all people of human rights.
Appointing ‘special procedures’ to address specific country situations or broader issues: The
United Nations may also appoint experts (sometimes titled special rapporteurs,
representatives or independent experts), to address a specific human rights issue or particular
country. These experts may conduct studies, visit specific countries, interview victims, make
specific appeals and submit reports and recommendations.
Many broader procedures increasingly include references to children's rights in the context of
their particular mandates. Such procedures include the Special Rapporteurs on the right to
education; on torture; on extrajudicial, summary or arbitrary executions; on violence against
women; on freedom of religion or belief; and on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance; and also an Independent Expert on
human rights and extreme poverty.
Human rights apply to all age groups; children have the same general human rights as adults.
In 1989, however, world leaders decided that children needed a special convention just for
them because people under 18 years old often need special care and protection that adults do
not. The leaders also wanted to make sure that the world recognized that children have human
rights too. The Convention on the Rights of the Child (CRC) is the first legally binding
international instrument to incorporate the full range of human rights—including civil,
cultural, economic, political and social rights.
Children’s rights in the human rights framework
The Convention on the Rights of the Child sets out the rights that must be realized for
children to develop their full potential, free from hunger and want, neglect and abuse. It
reflects a new vision of the child. Children are neither the property of their parents nor are
they helpless objects of charity. They are human beings and are the subject of their own
rights. The Convention offers a vision of the child as an individual and as a member of a
family and community, with rights and responsibilities appropriate to his or her age and stage
of development. By recognizing children's rights in this way, the Convention firmly sets the
focus on the whole child.
The Convention and its acceptance by so many countries has heightened recognition of the
fundamental human dignity of all children and the urgency of ensuring their well-being and
development. The Convention makes clear the idea that a basic quality of life should be the
right of all children, rather than a privilege enjoyed by a few.
From abstract rights to realities
Despite the existence of rights, children suffer from poverty, homelessness, abuse, neglect,
preventable diseases, unequal access to education and justice systems that do not recognize
their special needs. These are problems that occur in both industrialized and developing
countries.
Governments must respect the rights of all their citizens—not only those of children—but the
global community gives priority to protecting children’s rights.
There are many reasons for singling out children's rights in a separate human rights
Convention:
Children are individuals. Children are neither the possessions of parents nor of the state, nor
are they mere people-in-the-making; they have equal status as members of the human family.
Children start life as totally dependent beings. Children must rely on adults for the nurture
and guidance they need to grow towards independence. Such nurture is ideally found in
adults in children's families, but when primary caregivers cannot meet children's needs, it is
up to society to fill the gap.
The actions, or inactions, of government impact children more strongly than any other
group in society. Practically every area of government policy (for example, education, public
health and so on) affects children to some degree. Short-sighted policymaking that fails to
take children into account has a negative impact on the future of all members of society by
giving rise to policies that cannot work.
Children's views are rarely heard and rarely considered in the political
process. Children generally do not vote and do not otherwise take part in political processes.
Without special attention to the opinions of children—as expressed at home and in schools, in
local communities and even in governments—children's views go unheard on the many
important issues that affect them now or will affect them in the future.
Many changes in society are having a disproportionate, and often negative, impact on
children. Transformation of the family structure, globalization, shifting employment patterns
and a shrinking social welfare net in many countries all have strong impacts on children. The
impact of these changes can be particularly devastating in situations of armed conflict and
other emergencies.
The costs to society of failing its children are huge. Social research findings show that
children's earliest experiences significantly influence their future development. The course of
their development determines their contribution, or cost, to society over the course of their
lives.
Promoting and protecting rights for children
Governments are obliged to recognize the full spectrum of human rights for all children and
consider children in legislative and policy decisions. While many States are beginning to
listen seriously to children's views on many important issues, the process of change is still in
its earliest stages.
Children have a right to express their opinions and to have their views taken seriously and
given due weight. But children also have a responsibility to respect the rights of others,
especially those of their parents.
The Convention specifically refers to the family as the fundamental group of society and the
natural environment for the growth and well-being of its members, particularly children.
Under the Convention, States are obliged to respect parents' primary responsibility for
providing care and guidance for their children and to support parents in this regard, providing
material assistance and support programmes. States are also obliged to prevent children from
being separated from their families unless the separation is necessary for the child's best
interests.
Under the Convention, State Parties have an obligation to amend and create laws and policies
to fully implement the Convention. As a result, the Convention has inspired a process of
national legal implementation and social change in all regions of the world. Local and
national governments have amended laws to take into consideration the best interests of the
child and adopted social policies that promote realization of children’s rights. Individuals,
including children, and communities have actively voiced their views and called for change.
UNICEF has undertaken advocacy, cooperated with governments and organizations and
provided technical assistance to further implementation of the Convention. Other United
Nations agencies, such as the UN Refugee Agency (UNHCR); the World Health
Organization (WHO); and the UN Educational, Scientific and Cultural Organization
(UNESCO) actively promote the rights embodied in the Convention. And many non-
governmental organizations work for better implementation of the Convention.
Nearly 25 years ago, the world made a promise to children: that we would do everything in
our power to protect and promote their rights to survive and thrive, to learn and grow, to
make their voices heard and to reach their full potential. In spite of the overall gains, there are
many children who have fallen even further behind. Old challenges have combined with new
problems to deprive many children of their rights and the benefits of development.
To meet these challenges, and to reach those children who are hardest to reach, we need new
ways of thinking and new ways of doing - for adults and children.
The principles outlined in the international human rights framework apply both to children
and adults. Children are mentioned explicitly in many of the human rights instruments;
standards are specifically modified or adapted where the needs and concerns surrounding a
right are distinct for children. The Convention on the Rights of the Child brings together the
children’s human rights articulated in other international instruments. This Convention
articulates the rights more completely and provides a set of guiding principles that
fundamentally shapes the way in which we view children.
This compilation and clarification of children’s human rights sets out the necessary
environment and means to enable every human being to develop to their full potential. The
articles of the Convention, in addition to laying the foundational principles from which all
rights must be achieved, call for the provision of specific resources, skills and contributions
necessary to ensure the survival and development of children to their maximum capability.
The articles also require the creation of means to protect children from neglect, exploitation
and abuse.
All children have the same rights. All rights are interconnected and of equal importance. The
Convention stresses these principles and refers to the responsibility of children to respect the
rights of others, especially their parents. By the same token, children's understanding of the
issues raised in the Convention will vary depending on the age of the child. Helping children
to understand their rights does not mean parents should push them to make choices with
consequences they are too young to handle.
The Convention expressly recognizes that parents have the most important role in the
bringing up children. The text encourages parents to deal with rights issues with their
children "in a manner consistent with the evolving capacities of the child" (article 5). Parents,
who are intuitively aware of their child's level of development, will do this naturally. The
issues they discuss, the way in which they answer questions, or the discipline methods they
use will differ depending on whether the child is 3, 9 or 16 years of age.
The Convention on the Rights of the Child was the first instrument to incorporate the
complete range of international human rights— including civil, cultural, economic, political
and social rights as well as aspects of humanitarian law.
The articles of the Convention may be grouped into four categories of rights and a set of
guiding principles. By clicking on any of the categories below, you can link to a plain-
language explanation of the applicable articles in the Convention. Additional provisions of
the Convention (articles 43 to 54) discuss implementation measures for the Convention,
explaining how governments and international organizations like UNICEF will work to
ensure children are protected in their rights. You can see the full text of the Convention by
clicking on the link in the box on the right.
Guiding principles: The guiding principles of the Convention include non-discrimination;
adherence to the best interests of the child; the right to life, survival and development; and the
right to participate. They represent the underlying requirements for any and all rights to be
realized.
Definition of the child (Article 1): The Convention defines a 'child' as a person below the age
of 18, unless the laws of a particular country set the legal age for adulthood younger. The
Committee on the Rights of the Child, the monitoring body for the Convention, has
encouraged States to review the age of majority if it is set below 18 and to increase the level
of protection for all children under 18.
Non-discrimination (Article 2): The Convention applies to all children, whatever their race,
religion or abilities; whatever they think or say, whatever type of family they come from. It
doesn’t matter where children live, what language they speak, what their parents do, whether
they are boys or girls, what their culture is, whether they have a disability or whether they are
rich or poor. No child should be treated unfairly on any basis.
Best interests of the child (Article 3): The best interests of children must be the primary
concern in making decisions that may affect them. All adults should do what is best for
children. When adults make decisions, they should think about how their decisions will affect
children. This particularly applies to budget, policy and law makers.
Right to life, survival and development (Article 6): Children have the right to live.
Governments should ensure that children survive and develop healthily.
Respect for the views of the child (Article 12): When adults are making decisions that affect
children, children have the right to say what they think should happen and have their opinions
taken into account. This does not mean that children can now tell their parents what to do.
This Convention encourages adults to listen to the opinions of children and involve them in
decision-making -- not give children authority over adults. Article 12 does not interfere with
parents' right and responsibility to express their views on matters affecting their children.
Moreover, the Convention recognizes that the level of a child’s participation in decisions
must be appropriate to the child's level of maturity. Children's ability to form and express
their opinions develops with age and most adults will naturally give the views of teenagers
greater weight than those of a preschooler, whether in family, legal or administrative
decisions.
Survival and development rights: These are rights to the resources, skills and contributions
necessary for the survival and full development of the child. They include rights to adequate
food, shelter, clean water, formal education, primary health care, leisure and recreation,
cultural activities and information about their rights. These rights require not only the
existence of the means to fulfil the rights but also access to them. Specific articles address the
needs of child refugees, children with disabilities and children of minority or indigenous
groups.
Article 5 (Parental guidance): Governments should respect the rights and responsibilities of
families to direct and guide their children so that, as they grow, they learn to use their rights
properly. Helping children to understand their rights does not mean pushing them to make
choices with consequences that they are too young to handle. Article 5 encourages parents to
deal with rights issues "in a manner consistent with the evolving capacities of the child". The
Convention does not take responsibility for children away from their parents and give more
authority to governments. It does place on governments the responsibility to protect and assist
families in fulfilling their essential role as nurturers of children.
Article 6 (Survival and development): Children have the right to live. Governments should
ensure that children survive and develop healthily. practices or cultural traditions. The
Convention supports children's right to examine their beliefs, but it also states that their right
to express their beliefs implies respect for the rights and freedoms of others.
Article 18 (Parental responsibilities; state assistance): Both parents share responsibility for
bringing up their children, and should always consider what is best for each child.
Governments must respect the responsibility of parents for providing appropriate guidance to
their children – the Convention does not take responsibility for children away from their
parents and give more authority to governments. It places a responsibility on governments to
provide support services to parents, especially if both parents work outside the home.
Article 20 (Children deprived of family environment): Children who cannot be looked after
by their own family have a right to special care and must be looked after properly, by people
who respect their ethnic group, religion, culture and language.
Article 22 (Refugee children): Children have the right to special protection and help if they
are refugees (if they have been forced to leave their home and live in another country), as
well as all the rights in the Convention.
Article 23 (Children with disabilities): Children who have any kind of disability have the
right to special care and support, as well as all the rights in the Convention, so that they can
live full and independent lives.
Article 24 (Health and health services): Children have the right to good quality health care –
the best health care possible – to safe drinking water, nutritious food, a clean and safe
environment, and information to help them stay healthy. Rich countries should help poorer
countries achieve this.
Article 25 (Review of treatment in care): Children who are looked after by their local
authorities, rather than their parents, have the right to have these living arrangements looked
at regularly to see if they are the most appropriate. Their care and treatment should always be
based on “the best interests of the child”. (see Guiding Principles, Article 3)
Article 26 (Social security): Children – either through their guardians or directly – have the
right to help from the government if they are poor or in need.
Article 27 (Adequate standard of living): Children have the right to a standard of living that is
good enough to meet their physical and mental needs. Governments should help families and
guardians who cannot afford to provide this, particularly with regard to food, clothing and
housing.
Article 28: (Right to education): All children have the right to a primary education, which
should be free. Wealthy countries should help poorer countries achieve this right. Discipline
in schools should respect children’s dignity. For children to benefit from education, schools
must be run in an orderly way – without the use of violence. Any form of school discipline
should take into account the child's human dignity. Therefore, governments must ensure that
school administrators review their discipline policies and eliminate any discipline practices
involving physical or mental violence, abuse or neglect. The Convention places a high value
on education. Young people should be encouraged to reach the highest level of education of
which they are capable.
Article 31 (Leisure, play and culture): Children have the right to relax and play, and to join in
a wide range of cultural, artistic and other recreational activities.
Article 42 (Knowledge of rights): Governments should make the Convention known to adults
and children. Adults should help children learn about their rights, too. (See Protection rights,
article 4.)
Protection rights: These rights include protection from all forms of child abuse, neglect,
exploitation and cruelty, including the right to special protection in times of war and
protection from abuse in the criminal justice system.
Article 4 (Protection of rights): Governments have a responsibility to take all available
measures to make sure children’s rights are respected, protected and fulfilled. When countries
ratify the Convention, they agree to review their laws relating to children. This involves
assessing their social services, legal, health and educational systems, as well as levels of
funding for these services. Governments are then obliged to take all necessary steps to ensure
that the minimum standards set by the Convention in these areas are being met. They must
help families protect children’s rights and create an environment where they can grow and
reach their potential. In some instances, this may involve changing existing laws or creating
new ones. Such legislative changes are not imposed, but come about through the same
process by which any law is created or reformed within a country. Article 41 of the
Convention points out the when a country already has higher legal standards than those seen
in the Convention, the higher standards always prevail. (See Optional Protocol pages.)
Article 11 (Kidnapping): Governments should take steps to stop children being taken out of
their own country illegally. This article is particularly concerned with parental abductions.
The Convention’s Optional Protocol on the sale of children, child prostitution and child
pornography has a provision that concerns abduction for financial gain.
Article 19 (Protection from all forms of violence): Children have the right to be protected
from being hurt and mistreated, physically or mentally. Governments should ensure that
children are properly cared for and protect them from violence, abuse and neglect by their
parents, or anyone else who looks after them. In terms of discipline, the Convention does not
specify what forms of punishment parents should use. However any form of discipline
involving violence is unacceptable. There are ways to discipline children that are effective in
helping children learn about family and social expectations for their behaviour – ones that are
non-violent, are appropriate to the child's level of development and take the best interests of
the child into consideration. In most countries, laws already define what sorts of punishments
are considered excessive or abusive. It is up to each government to review these laws in light
of the Convention.
Article 20 (Children deprived of family environment): Children who cannot be looked after
by their own family have a right to special care and must be looked after properly, by people
who respect their ethnic group, religion, culture and language.
Article 21 (Adoption): Children have the right to care and protection if they are adopted or in
foster care. The first concern must be what is best for them. The same rules should apply
whether they are adopted in the country where they were born, or if they are taken to live in
another country.
Article 22 (Refugee children): Children have the right to special protection and help if they
are refugees (if they have been forced to leave their home and live in another country), as
well as all the rights in this Convention.
Article 32 (Child labour): The government should protect children from work that is
dangerous or might harm their health or their education. While the Convention protects
children from harmful and exploitative work, there is nothing in it that prohibits parents from
expecting their children to help out at home in ways that are safe and appropriate to their age.
If children help out in a family farm or business, the tasks they do be safe and suited to their
level of development and comply with national labour laws. Children's work should not
jeopardize any of their other rights, including the right to education, or the right to relaxation
and play.
Article 33 (Drug abuse): Governments should use all means possible to protect children from
the use of harmful drugs and from being used in the drug trade.
Article 34 (Sexual exploitation): Governments should protect children from all forms of
sexual exploitation and abuse. This provision in the Convention is augmented by the Optional
Protocol on the sale of children, child prostitution and child pornography. (See Optional
Protocol pages.)
Article 35 (Abduction, sale and trafficking): The government should take all measures
possible to make sure that children are not abducted, sold or trafficked. This provision in the
Convention is augmented by the Optional Protocol on the sale of children, child prostitution
and child pornography. (See Optional Protocol pages.)
Article 36 (Other forms of exploitation): Children should be protected from any activity that
takes advantage of them or could harm their welfare and development.
Article 38 (War and armed conflicts): Governments must do everything they can to protect
and care for children affected by war. Children under 15 should not be forced or recruited to
take part in a war or join the armed forces. The Convention’s Optional Protocol on the
involvement of children in armed conflict further develops this right, raising the age for direct
participation in armed conflict to 18 and establishing a ban on compulsory recruitment for
children under 18.
Article 39 (Rehabilitation of child victims): Children who have been neglected, abused or
exploited should receive special help to physically and psychologically recover and
reintegrate into society. Particular attention should be paid to restoring the health, self-respect
and dignity of the child.
Article 40 (Juvenile justice): Children who are accused of breaking the law have the right to
legal help and fair treatment in a justice system that respects their rights. Governments are
required to set a minimum age below which children cannot be held criminally responsible
and to provide minimum guarantees for the fairness and quick resolution of judicial or
alternative proceedings.
Article 41 (Respect for superior national standards): If the laws of a country provide better
protection of children’s rights than the articles in this Convention, those laws should apply.
Participation rights: Children are entitled to the freedom to express opinions and to have a
say in matters affecting their social, economic, religious, cultural and political life.
Participation rights include the right to express opinions and be heard, the right to
information and freedom of association. Engaging these rights as they mature helps children
bring about the realization of all their rights and prepares them for an active role in society.
The equality and interconnection of rights are stressed in the Convention. In addition to
governments’ obligations, children and parents are responsible for respecting the rights of
others—particularly each other. Children’s understanding of rights will vary depending on
age and parents in particular should tailor the issues they discuss, the way in which they
answer questions and discipline methods to the age and maturity of the individual child.
Article 12 (Respect for the views of the child): When adults are making decisions that affect
children, children have the right to say what they think should happen and have their opinions
taken into account.
Article 13 (Freedom of expression): Children have the right to get and share information, as
long as the information is not damaging to them or others. In exercising the right to freedom
of expression, children have the responsibility to also respect the rights, freedoms and
reputations of others. The freedom of expression includes the right to share information in
any way they choose, including by talking, drawing or writing.
Article 14 (Freedom of thought, conscience and religion): Children have the right to think
and believe what they want and to practice their religion, as long as they are not stopping
other people from enjoying their rights. Parents should help guide their children in these
matters. The Convention respects the rights and duties of parents in providing religious and
moral guidance to their children. Religious groups around the world have expressed support
for the Convention, which indicates that it in no way prevents parents from bringing their
children up within a religious tradition. At the same time, the Convention recognizes that as
children mature and are able to form their own views, some may question certain religious
practices or cultural traditions. The Convention supports children's right to examine their
beliefs, but it also states that their right to express their beliefs implies respect for the rights
and freedoms of others.
Article 15 (Freedom of association): Children have the right to meet together and to join
groups and organisations, as long as it does not stop other people from enjoying their rights.
In exercising their rights, children have the responsibility to respect the rights, freedoms and
reputations of others.
Article 16 (Right to privacy): Children have a right to privacy. The law should protect them
from attacks against their way of life, their good name, their families and their homes.
Article 17 (Access to information; mass media): Children have the right to get information
that is important to their health and well-being. Governments should encourage mass media –
radio, television, newspapers and Internet content sources – to provide information that
children can understand and to not promote materials that could harm children. Mass media
should particularly be encouraged to supply information in languages that minority and
indigenous children can understand. Children should also have access to children’s books.
Children and young people have the same basic general human rights as adults and also
specific rights that recognise their special needs. Because the Convention on the Rights of the
Child (CRC) brings together rights articulated in other international treaties there are many
parallels between the Convention and other treaties.
The five other core human rights instruments are: the International Covenant on Civil and
Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural
Rights (ICESCR); the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (Torture Convention); the International Convention on the
Elimination of All Forms of Racial Discrimination (Race Discrimination Convention); and
the Convention on the Elimination of All Forms of Discrimination against Women (Women’s
Convention). Among other rights found in the Convention on the Rights of the Child and
shared with one or more of these instruments are:
Non-discrimination (Article 2): All human rights instruments prohibit any discrimination—
distinction, exclusion, restriction or preference—in the provision, protection and promotion
of rights. In other words, everyone has the human rights in these treaties, irrespective of their
race, sex, religion, national origin or any other trait. The Race Convention wholly prohibits
discrimination based on race, national origin or ethnicity and outlines steps that governments
must take to end it. The Women’s Convention likewise calls for an end to discrimination,
based on sex, and outlines specific areas of life in which women must be treated equally in
order to eliminate discrimination;
Many Articles of both the ICCPR and the ICESCR call attention to the special needs of
families and children. These include Article 24 of the ICCPR (calling for the protection of
children and registration at birth of their name and nationality) and Article 10 of the ICESCR
(calling for specific attention, protection and assistance to children).
These examples show that the Convention on the Rights of the Child is founded on rights
inherent to everyone, but that it also builds on concerns for the specific needs and
vulnerabilities of children. For the text of any of the human rights conventions, see the box at
right.
The online survey explores child rights education in the curriculum, teacher education and
teacher qualifications, the existence of student councils, and monitoring mechanisms
regarding the quality of child rights education. The benchmarking statements are divided into
seven areas: official curriculum, teacher education, resources, pedagogy, policy alignment
across the education system, participation as a right, and monitoring and accountability.
The research was commissioned by the Advocacy and Child Rights Education Unit at the
UNICEF Private Fundraising and Partnerships Division, Geneva and undertaken by the
Centre for Children's Rights in Queen's University Belfast.
Child rights education is teaching and learning about the provisions and principles of the
Convention on the Rights of the Child and the ‘child rights approach’ – in order to empower
both adults and children to take action to advocate for and apply these at the family, school,
community, national and global levels. Child rights education promotes a vision, articulated
in the Convention, that “the child should be fully prepared to live an individual life in society,
and be brought up in the spirit of the ideals proclaimed in the Charter of the United Nations,
and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity.”
Children’s rights are human rights. Consequently, child rights education is a specific
component of human rights education.
to embed the provisions and principles of the Convention and the child rights
approach in formal and non-formal learning curricula and learning environments; as well
as in the curricula and training of professionals working directly with children, or on
issues affecting children
to raise awareness of the provisions and principles and the child rights approach
through mass media and other channels to reach caregivers, community members and
other members of the public
to build the capacity of children (as rights-holders) and adults (as duty-bearers) to
advocate for and implement these provisions, principles and the child rights approach in
daily life and professional practice
International human rights treaties and agreements such as the CRC and its Optional
Protocols are negotiated among United Nations Member States and are legally binding on the
individual States that become parties to the agreement. There are two ways for a State to
become a party: by signature and ratification or by accession.
The Convention places equal emphasis on all rights for children. There is no such thing as a
'small' right. There is no hierarchy of human rights. Children’s rights are indivisible and
interrelated, with a focus on the child as a whole. Governmental decisions with regard to any
one right must be made in the light of all the other rights in the Convention.
Governments that ratify the Convention or one of its Optional Protocols must report to the
Committee on the Rights of the Child, the body of experts charged with monitoring States'
implementation of the Convention and Optional Protocols. These reports outline the situation
of children in the country and explain the measures taken by the State to realize their rights.
In its reviews of States’ reports, the Committee urges all levels of government to use the
Convention as a guide in policymaking and implementation. And because the protection of
human rights is by nature a permanent and ongoing process, there is always room for
improvement.
Signature, ratification and accession
International human rights treaties are developed by a process of negotiation among United
Nations Member States to produce a commonly acceptable set of standards. Individual States
then decide for themselves whether to be legally bound by the treaty. There are two ways for
a State to become a party to the Convention on the Rights of the Child: by signature and
ratification or by accession. Both of these acts signify an agreement to be legally bound by
the terms of the Convention.
The Optional Protocols to the Convention are considered independently of the Convention
and must be ratified or acceded to separately, but the process is the same. States do not need
to be a party to the Convention in order to ratify or accede to one or both of the Optional
Protocols.
Signature
Ratification or Accession
The formal procedures for ratification or accession vary according to the national legislative
requirements of the State. Prior to ratification or accession, a country normally reviews the
treaty to determine whether national laws are consistent with its provisions and to consider
the most appropriate means of promoting compliance with the treaty.
Most commonly, countries that are promoting the Convention sign shortly after it has been
adopted. They then ratify the treaty when all of their domestically required legal procedures
have been fulfilled. Other States may begin with the domestic approval process and accede to
the treaty once their domestic procedures have been completed, without signing the treaty
first.
Both ratification and accession involve two steps. First, the appropriate national organ of the
country—Parliament, Senate, the Crown, Head of State or Government, or a combination of
these—follows domestic constitutional procedures and makes a formal decision to be a party
to the treaty. Second, the instrument of ratification or accession, a formal sealed letter
referring to the decision and signed by the State’s responsible authority, is prepared and
deposited with the United Nations Secretary-General in New York.
Implementation
Fulfilling obligations under the Convention on the Rights of the Child and its Optional
Protocols
Translating child rights principles into practice requires action and leadership by
governments. By ratifying the Convention, States commit to undertaking "all appropriate
legislative, administrative and other measures" for the full realization of the rights it contains
and to reporting on these measures to the Committee on the Rights of the Child, the body of
experts charged with monitoring States' implementation of the Convention. For more
information on the Committee, see the ‘Monitoring’ page in this section.
There are no specific right or wrong implementation measures, however the Convention
should be the main benchmark and inspiration for all government action. In its reviews of
States’ reports, the Committee urges all levels of government to use the Convention as a
guide in policy-making and legislation, to:
The Optional Protocol on the sale of children, child prostitution and child pornography
requires States to provide legal and other support services to child victims and specifically
calls for international cooperation to prevent and punish these abuses.
Monitoring the fulfilment of States obligations
Governments that ratify the Convention on the Rights of the Child or one of its Optional
Protocols must report to the Committee on the Rights of the Child. The Committee is made
up of 18 experts in the field of children's rights from different countries and legal systems.
They are nominated and elected by States parties but act in a personal capacity, not as
representatives of their countries.
Reports to the Committee on the situation of children's rights in their country are submitted
by the State within two years of ratification and every five years thereafter. The Committee
has adopted guidelines detailing which information States are expected to give in their
implementation reports for the Convention and each of the Optional Protocols.
In reviewing States' reports, the Committee looks at how well governments are setting and
meeting the standards for the realization and protection of children's rights as outlined in the
Convention or Optional Protocol. The Committee does not monitor the behaviour of
individual parents and other caregivers and it is not empowered to receive complaints from
citizens. Along with this regular reporting, the Commitee may request additional information
or complementary reports.
The involvement of non-governmental organizations
Non-governmental organizations also play a major role in raising public awareness about the
Convention and its goals. The Convention acknowledges these contributions by specifically
inviting their participation in the reporting and monitoring process, a first among human
rights treaties. Governments are urged to involve all sectors of society in the preparation of
reports. While a few consult non-governmental organizations extensively in the reporting
process and incorporate their contributions into reports to the Committee, individual non-
governmental organizations or coalitions can and do prepare alternative reports for the
Committee's consideration. For more information on the work non-governmental
organizations undertake, see the 'Organizations' page of ‘What you can do’ on the left menu.
UNICEF's role in the monitoring process
The Convention on the Rights of the Child is the first human rights treaty that grants a role in
its implementation to a specialized United Nations agency—UNICEF. Under the Convention,
UNICEF has a legal obligation to promote and protect child rights by supporting the work of
the Committee on the Rights of the Child. In addition to contributing advice and assistance to
the Committee, UNICEF facilitates broad consultations within States to maximize the
accuracy and impact of reports to the Committee. For more information on UNICEF’s
monitoring role, see ‘UNICEF in Action’ in the left menu.
A protocol may be on any topic relevant to the original treaty and is used either to further
address something in the original treaty, address a new or emerging concern or add a
procedure for the operation and enforcement of the treaty.
To help stem the growing abuse and exploitation of children worldwide, the United Nations
General Assembly in 2000 adopted two Optional Protocols to the Convention on the Rights
of the Child to increase the protection of children from involvement in armed conflicts and
from sexual exploitation. On 14 April 2014, a third Optional Protocol was adopted, allowing
children to bring complaints directly to the Committee on the Rights of the Child. The
Committee will then investigate the claims and can direct governments to take action.
Under the Protocol, States are required to “take all feasible measures” to ensure that members
of their armed forces under the age of 18 do not take a direct part in hostilities. States must
also raise the minimum age for voluntary recruitment into the armed forces from 15 years but
does not require a minimum age of 18.
The Protocol does, however, remind States that children under 18 are entitled to special
protection and so any voluntary recruitment under the age of 18 must include sufficient
safeguards. It further bans compulsory recruitment below the age of 18. States parties must
also take legal measures to prohibit independent armed groups from recruiting and using
children under the age of 18 in conflicts.
The Optional Protocol on the sale of children, child prostitution and child pornography draws
special attention to the criminalization of these serious violations of children's rights and
emphasizes the importance of increased public awareness and international cooperation in
efforts to combat them.
It supplements the Convention by providing States with detailed requirements to end the
sexual exploitation and abuse of children and also protects children from being sold for non-
sexual purposes—such as other forms of forced labour, illegal adoption and organ donation.
The Protocol provides definitions for the offences of ‘sale of children’, ‘child prostitution’
and ‘child pornography’. It also creates obligations on governments to criminalize and punish
activities related to these offences. It requires punishment not only for those offering or
delivering children for the purposes of sexual exploitation, transfer of organs or children for
profit or forced labour, but also for anyone accepting the child for these activities.
The Protocol also protects the rights and interests of child victims. Governments must
provide legal and other support services to child victims. This obligation includes considering
the best interests of the child in any interactions with the criminal justice system. Children
must also be supported with necessary medical, psychological, logistical and financial
support to aid their rehabilitation and reintegration. As a complement to the Convention on
the Rights of the Child, interpretation of the Optional Protocol’s text must always be guided
by the principles of non-discrimination, best interests of the child and child participation.
This Protocol allows the Committee on the Rights of the Child to hear complaints that a
child’s rights have been violated. Children from countries that ratify the Protocol can use the
treaty to seek justice if the national legal system has not been able to provide a remedy for the
violation.
The Committee is able to hear complaints from children, groups of children or their
representatives against any State that has ratified the Protocol. The Committee is also able to
launch investigations into grave or systematic violations of children’s rights and States are
able to bring complaints against each other, if they accepted this procedure.
The fundamental mission of UNICEF is to promote the rights of every child, everywhere, in
everything the organization does. Thanks to its global presence in nearly every country in the
world, UNICEF is able to reach places others cannot, and thus is uniquely positioned to make
a difference in the lives of children.
UNICEF has more than 60 years' experience working for children and is the only
organization specifically named in the Convention on the Rights of the Child as a source of
expert assistance and advice.
In advocating to protect children's rights, to help meet their basic needs, and to expand their
opportunities to reach their full potential, UNICEF helps to strengthen laws and policies and
to improve understanding of the Convention at all levels of society.
Among other activities, UNICEF supports countries to ratify and implement the Convention
and its Optional Protocols. UNICEF draws attention to the duties of governments, families,
communities and individuals to respect those rights and provides support for them to do so.
UNICEF also supports the Committee on the Rights of the Child, which monitors
implementation of the Convention and Optional Protocols. UNICEF facilitates broad
consultations within countries to maximize the accuracy and impact of reports to the
Committee.
UNICEF field offices often take part in different stages of the monitoring process. They assist
governments in organizing major consultations prior to drafting their reports and participate
in the Committee's review of submitted reports, including working with governments to
identify implementation strategies in response to the Committee's recommendations.
Field offices often also help ensure that voices that too often go unheard are reflected in the
information presented to the Committee. They do this by facilitating wide-reaching
consultations at all levels of society, making oral presentations or submitting written reports
on the situation of women and children, and encouraging non-governmental organizations to
submit their own reports to the Committee as a supplement to government reports.
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