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An
international agreement to protect children’s rights
Amerigo is not an isolated
case. Hundreds of children all over the world live on streets, work in
hazardous places, are abused on a daily basis and often don’t have the
most fundamental human rights. It was to protect the rights of such
children that the United Nations in 1989 adopted a historic agreement:
the Convention on the Rights of the Child (CRC).
CRC is an
international human rights treaty created with the goal of realising
all rights of children everywhere. It has been ratified by virtually
the entire community of nations. The 191 ratifying States have freely
accepted and pledged to transform the provisions of the CRC into
reality through administrative, legislative, judicial and other
measures.
Who is a child?
The Convention
defines a child as a human being up to the age of 18. The idea that
children have special needs has now given way to the conviction that
children have the same spectrum of rights as adults: civil and
political, social, cultural and economic. Under the Convention,
children’s rights should be implemented without discrimination of any
kind, all actions and policies should be guided by the best interests
of the child, the participation of children should always be sought
and all actions should aim at the promotion of the survival and
development of children.
What does ratification mean?
When governments
ratify the CRC, which is the act by which they formally and publicly
accept to be legally bound by it, they commit themselves to promote,
protect and fulfil the rights of children as outlined in the articles
of the Convention. The UN Committee on the Rights of the Child, a body
of 10 internationally elected independent experts on children’s
rights, monitors progress towards implementing these rights.
What is the history of children’s rights?
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1924: The League of Nations endorses the first Declaration on
the Rights of the Child.
-
1945: The UN Charter urges nations to encourage and promote
respect for human rights and fundamental freedoms for all.
-
1948: The Universal Declaration of Human Rights, adopted by the
UN General Assembly, recognises children’s rights by stating
that "all human beings are born free in dignity and rights" and
that motherhood and children were entitled to special care and
protection.
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1948: The General Assembly adopts a second Declaration of the
Rights of the Child, a brief seven-point statement that built on
the 1924 Declaration. It stated that ".... men and women of all
nations, recognising that mankind owes to the child the best
that it has to give, declare and accept it as their duty to meet
this obligation in all respects....."
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1959: A more detailed third Declaration of the Rights of the
Child is adopted by the General Assembly.
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1961: The international legal framework is strengthened further
with the adoption of two International Covenants – on Civil and
Political Rights and on Economic, Social and Political Rights.
These two covenants entered into force in 1976 and provided a
moral as well as legal obligation of states to respect the human
rights of each individual.
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All these efforts,
which led to the adoption of the Convention on the Rights of the Child
in 1989 and its entry into force in 1990, were intended to bind people
in every country and of every culture and every religion to work to
ensure that all the world’s children enjoy the rights they deserve -
to survival, health and education; to a caring family environment, to
play and culture; to protection from exploitation and abuse of all
kinds and to have their voices heard and opinions taken into account
on issues affecting their lives.
What is the new vision for children?
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"More than acknowledging the vulnerable nature of the child and
the social responsibility to provide special assistance and
protection, the Convention promotes the value of the child as a
citizen, a partner in decision-making and in the broader process
of social change." |
The Convention
clearly states that all children have rights that are inherent human
rights, and that these should not be perceived as optional, as a
question of favor or kindness to children, or as an expression of
charity. These rights generate obligations and responsibilities. More
than acknowledging the vulnerable nature of the child and the social
responsibility to provide special assistance and protection, the
Convention promotes the value of the child as a citizen, a partner in
decision-making and in the broader process of social change. The CRC
thus envisions the ‘whole child’ as a full, valuable, participating
member of society.
What makes the CRC unique?
- It is
comprehensive, the only convention to ensure in a single
document the whole spectrum of children’s human rights—their
civil, political, economic, social and cultural rights.
-
It is
universal, applying to all children in all situations in
virtually the entire community of nations.
- It is
unconditional, calling on all governments to take action to
protect the rights of all children.
- It is
holistic, asserting that all rights are essential, indivisible,
interdependent and equal.
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What are the four general principles of the CRC?
- Children must
not suffer discrimination "irrespective of the child’s or his or
her parent’s or legal guardian’s race, colour, sex, language,
religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status." (Article 2)
-
Children have a right to survival and development in all
aspects of their lives, including the physical, emotional,
psychosocial, cognitive, social and cultural. (Article 6 and 27)
- The best
interests of the child must be a primary consideration in all
decisions or actions that affect the child or children as a group.
This holds true whether decisions are made by governmental,
administrative or judicial authorities, or by families themselves.
(Article 3)
- Children have
the right to peaceful assembly, to be active participants in all
matters affecting their lives, to express their opinions freely
and to have their views heard and taken seriously. (Article 15)
Making progress
In the 10 years
since the ratification of the Convention, there has been remarkable
progress. Virtually all governments that have ratified the CRC
have passed local legislation – where this did not exist previously –
which stresses the rights of children and provides a legal basis to
realise those rights. A number of countries have also modified their
constitutions to incorporate the principles of the CRC into every
aspect of national law.
- Some
countries have introduced institutions such as children’s
ombudspersons (officials appointed to investigate individual
complaints against public authorities), while others have set up
committees to monitor progress towards realisation of children’s
rights. Norway was the first country to appoint an ombudsperson
for children in 1981.
- Nearly
every government in the world now has a Ministry, Commission or
Council responsible for children to monitor progress in
children’s lives and to advance children’s rights in policy
making. Today 20 countries have established, or are in the
process of establishing, independent human rights bodies for
children.
- In
Malaysia, an intersectoral group of non-governmental
organisations and government agencies has been established to
monitor its compliance to the CRC.
- In
Mongolia, child participation and protection indicators are
being developed.
- In Costa
Rica, a social rights ‘audit’ is conducted involving children
and the community to monitor and assess how the country is or is
not meeting the Convention’s mandate.
- In South
Africa, the government has set about reforming its juvenile
justice system. Efforts are focused on moving children out of
the criminal justice system and into other forms of legal
mediation, popularly known as "children’s courts."
- Several
Latin American and African governments experiencing armed
conflict have officially demobilized their child soldiers.
- Children’s
rights are also being protected through successful international
partnerships to improve the health and survival of millions of
children. Through immunization, for instance, the lives of three
million children are saved each year; and through efforts to
eliminate iodine deficiency 12 million children are being spared
mental disability annually. Polio is on the brink of
eradication. Millions more children are enrolled in schools now
than at any time in history, and significant gains have been
made in improving access to sanitation and safe water.
-Chief Editor
info@starofcity.com,
bsinghdhall@starofcity.com
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