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International Efforts to Secure Child Rights
A) The Convention on the Rights of the Child
“ A century that began with children having virtually no rights is
ending with children having the most powerful legal instrument that not
only recognizes but protects their human rights.” – Carol Bellamy,
UNICEF Executive Director.
“To look into some aspects of the future, we do not need projections by
supercomputers. Much of the next millennium can be seen in how we care
for our children today. Tomorrow's world may be influenced by science
and technology, but more than anything, it is already taking shape in
the bodies and minds of our children.” – Kofi Annan, Secretary-General
of the United Nations
The Convention on the Rights of the Child was carefully drafted over
the course of 10 years (1979-1989) with the input of representatives
from all societies, all religions and all cultures. A working group
made up of members of the United Nations Commission on Human Rights,
independent experts and observer delegations of non-member governments,
non-governmental organizations (NGOs) and UN agencies was charged with
the drafting. NGOs involved in the drafting represented a range of
issues – from various legal perspectives to concerns about the
protection of the family.
The Convention reflects this global consensus and, in a very short
period of time, it has become the most widely accepted human rights
treaty ever. It has been ratified by 192 countries; only two countries
have not ratified: The United States and Somalia, which have signaled
their intention to ratify by formally signing the Convention. .
Like all human rights treaties, the Convention on the Rights of the
Child had first to be approved, or adopted, by the United Nations
General Assembly. On 20 November 1989, the governments represented at
the General Assembly agreed to adopt the Convention into international
law.
When a government signed the Convention, it had to widely consult
within the country on the standards in the Convention and begin
identifying the national laws and practices that needed to be brought
into conformity with these standards. Ratification was the next step,
which formally bound the government on behalf of all people in the
country to meet the obligations and responsibilities outlined in the
Convention.
The World Conference on Human Rights, held in Vienna in 1993, set the
end of 1995 as a target for the universal ratification of the
Convention on the Rights of the Child. By the last day of that year,
185 States had ratified, making it the most widely and rapidly ratified
human rights treaty in history. As of mid-2003, only two States had not
yet ratified.
The Convention on the Rights of the Child treaty spells out the basic
human rights that children everywhere - without discrimination - have:
a) the right to survival;
b) to develop to the fullest;
c) to protection from harmful influences, abuse and exploitation;
d) to participate fully in family, cultural and social life.
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 implementation of the rights recognized in the
Convention" (article 4) and to reporting on such measures to the
Committee on the Rights of the Child, the internationally-elected body
of experts charged with monitoring States' implementation of the
Convention. The Committee then reviews and comments on the States'
reports.
As noted by a member of the Committee during a review of one State's
report, there are no specific right or wrong measures of
implementation. What is key is that the Convention should be the main
benchmark and inspiration for action at all levels of government. And
because the protection of human rights is by nature a permanent and
endless process, there is always room for improvement.
In its reviews, the Committee urges all levels of government to use the
Convention as a guide in policy-making and implementation, to:
1) Develop a comprehensive national agenda.
2) Develop permanent bodies or mechanisms to promote coordination,
monitoring and evaluation of activities throughout all sectors of
government.
3) Ensure that all legislation is fully compatible with the Convention
by incorporating it into domestic law or ensuring that its principles
take precedence in cases of conflict with national legislation.
4) Make children visible in policy development processes throughout
government by introducing child impact assessments.
5) Analyze government spending to determine the portion of public funds
spent on children and to ensure that these resources are being used
effectively.
6) Ensure that sufficient data are collected and used to improve the
situation of all children in each jurisdiction.
7) Raise awareness and disseminate information on the Convention by
providing training to all those involved in government policy-making
and working with or for children.
8) Involve civil society – including children themselves – in the
process of implementing and raising awareness of child rights.
9) Set up independent statutory offices – ombudspersons, commissions or
other institutions – to promote and protect children's rights.
The Committee on the Rights of the Child consistently urges governments
to take special measures and develop special policies and programs for
children. In this way, it has contributed to the creation of a higher
political priority for children and has promoted a growing awareness of
how the actions and inaction of government affect children.
Declaration of the Rights of the Child, G.A. res. 1386 (XIV), 14 U.N.
GAOR Supp. (No. 16) at 19, U.N. Doc. A/4354 (1959).
The General Assembly:
Proclaims this Declaration of the Rights of the Child to the end that
he may have a happy childhood and enjoy for his own good and for the
good of society the rights and freedoms herein set forth, and calls
upon parents, upon men and women as individuals, and upon voluntary
organizations, local authorities and national Governments to recognize
these rights and strive for their observance by legislative and other
measures progressively taken in accordance with the following
principles:
Principle 1
The child shall enjoy all the rights set forth in this Declaration.
Every child, without any exception whatsoever, shall be entitled to
these rights, without distinction or discrimination on account of race,
color, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status, whether of himself or
of his family.
Principle 2
The child shall enjoy special protection, and shall be given
opportunities and facilities, by law and by other means, to enable him
to develop physically, mentally, morally, spiritually and socially in a
healthy and normal manner and in conditions of freedom and dignity. In
the enactment of laws for this purpose, the best interests of the child
shall be the paramount consideration.
Principle 3
The child shall be entitled from his birth to a name and a nationality.
Principle 4
The child shall enjoy the benefits of social security. He shall be
entitled to grow and develop in health; to this end, special care and
protection shall be provided both to him and to his mother, including
adequate pre-natal and post-natal care. The child shall have the right
to adequate nutrition, housing, recreation and medical services.
Principle 5
The child who is physically, mentally or socially handicapped shall be
given the special treatment, education and care required by his
particular condition.
Principle 6
The child, for the full and harmonious development of his personality,
needs love and understanding. He shall, wherever possible, grow up in
the care and under the responsibility of his parents, and, in any case,
in an atmosphere of affection and of moral and material security; a
child of tender years shall not, save in exceptional circumstances, be
separated from his mother. Society and the public authorities shall
have the duty to extend particular care to children without a family
and to those without adequate means of support. Payment of State and
other assistance towards the maintenance of children of large families
is desirable.
Principle 7
The child is entitled to receive education, which shall be free and
compulsory, at least in the elementary stages. He shall be given an
education which will promote his general culture and enable him, on a
basis of equal opportunity, to develop his abilities, his individual
judgment, and his sense of moral and social responsibility, and to
become a useful member of society.
The best interests of the child shall be the guiding principle of those
responsible for his education and guidance; that responsibility lies in
the first place with his parents.
The child shall have full opportunity for play and recreation, which
should be directed to the same purposes as education; society and the
public authorities shall endeavor to promote the enjoyment of this
right.
Principle 8
The child shall in all circumstances be among the first to receive
protection and relief.
Principle 9
The child shall be protected against all forms of neglect, cruelty and
exploitation. He shall not be the subject of traffic, in any form.
The child shall not be admitted to employment before an appropriate
minimum age; he shall in no case be caused or permitted to engage in
any occupation or employment which would prejudice his health or
education, or interfere with his physical, mental or moral development.
Principle 10
The child shall be protected from practices which may foster racial,
religious and any other form of discrimination. He shall be brought up
in a spirit of understanding, tolerance, friendship among peoples,
peace and universal brotherhood, and in full consciousness that his
energy and talents should be devoted to the service of his fellow men.
B) Resolutions of the General Assembly 2003
The General Assembly adopted two resolutions related to the rights of
the child.
The first resolution, dealing with the girl child (A/RES/58/156), was
adopted by consensus. The Assembly, inter alia: welcomed the entry into
force of the Optional Protocols to the Convention on the Rights of the
Child and the Protocol on trafficking in persons, supplementing the UN
Convention against Transnational Organized Crime; recognized the
efforts of the international community to strengthen the standards for
combating sexual abuse and exploitation; recognized the need to achieve
gender equality to ensure a just and equitable world for girls.
The second resolution, dealing with the rights of the child
(A/RES/58/157), was adopted by recorded vote - 179 in favor, 1 opposed.
The Assembly, inter alia: emphasized that the Convention on the Rights
of the Child must constitute the standard in the promotion and
protection of the rights of the child, while noting the importance of
the Optional Protocols as well as other relevant human rights
instruments; welcomed the appointment by the Secretary-General of the
independent expert for the UN study on violence against children;
expressed concern that the situation of children in many parts of the
world remains critical as a result of a number of factors, stating that
urgent and effective national and international action is called for;
noted the International Decade for a Culture of Peace and Non-Violence
for the Children of the World (2001-2010); recognized that the family
is the basic unit of society and as such should be strengthened;
recognized that partnership among governments and others, including the
private sector, is important for the realization of the rights of the
child.
In the detailed omnibus resolution, the Assembly called upon or urged
states, or States parties to the Convention, to take specific actions
related to: the implementation of the Convention on the Rights of the
Child and its Optional Protocols; identity, family relations and birth
registration; poverty; health; education; freedom from violence;
non-discrimination; girls; children with disabilities; migrant
children; children working and/or living on the street; refugee and
internally displaced children; child labor; children in conflict with
the law; the prevention and eradication of the sale of children, child
prostitution and child pornography; children in armed conflict. The
Assembly urged those states that have not yet done so to complete a
national action plan as soon as possible, incorporating the goals
agreed at the special session of the General Assembly on children.
C) UNICEF
Why make a special case for children?
The world community in the earliest declarations of human rights
recognized the priority that should be accorded to protecting
children's rights. Of course, governments must be sensitive to the
rights of all their citizens – not just to those of children. But there
are strong reasons for making a special case for children's rights:
Children are individuals. They have equal status with adults as members
of the human family. Children are neither the possessions of parents
nor of the state, nor are they mere people-in-the-making. Governments
are morally obliged to recognize the full spectrum of human rights for
all children. Using the Convention's definition of children as all
human beings being below the age of 18, a large portion indeed of the
world's population must be considered.
The healthy development of children is crucial to the future well-being
of any society. UNICEF responds to the needs of children in emergency
situations, but most UNICEF activities take a long-term perspective by
seeking to combat the 'silent emergencies' – such as disease,
malnutrition and poverty – that threaten the future of children and
societies worldwide.
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. Because they are still developing,
children are especially vulnerable – more so than adults – to poor
living conditions such as poverty, inadequate health care, nutrition,
safe water, housing and environmental pollution and these conditions in
turn jeopardize children's physical, mental and emotional development.
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 – either directly or indirectly. But in
many countries throughout the world, policy-making fails to take
children into account, threatening their futures. Such a short-sighted
approach 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. While many States are beginning to
listen seriously to children's views on many important issues – as
expressed at home and in schools, in local communities and even in
governments – the process of change is still in its earliest stages.
Many changes in society are having a disproportionate – and often
negative – impact on children. These changes include transformation of
the family structure, globalization, shifting employment patterns and a
shrinking social welfare net in many countries. Children are sensitive
barometers of social and economic change and the impact of those
changes can be particularly devastating in situations of armed conflict
and other emergencies.
The costs to society of failing its children are huge. Governments are
aware of social research findings that show that children's earliest
experiences – within the family and with other caregivers –
significantly influence the future course of their development. The way
in which children develop determines whether they will make a net
contribution – or pose a huge cost – to society over the course of
their lives.
The global trend of urbanization has taken an especially severe toll on
children. Changes in the global economy, unfavorable weather conditions
and recurring armed conflicts have led in recent years to the rapid
growth of urban areas worldwide. With nearly half of the urban
population in the developing world living in poverty, the plight of
children often worsens when families relocate from the countryside to
large cities. Dreams of improved living circumstances go unrealized
following such moves, while parents and children lose support systems
with the break-up of extended families. Among the most conspicuous
signs of the poverty of the urban slums is the presence of children on
the street – scavenging, begging, hawking and soliciting.
-www.unicef.org
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