United Nations Convention on Rights of the Child

Evolution of the Convention

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 United Nations recognized the special status of a child in a society way back in its Geneva
Declaration of the Rights of the Child in 1924. U.N. member states first collectively recognized
the rights of children in the Universal Declaration of Human Rights, a non-binding resolution
adopted by the U.N. General Assembly in 1948. The declaration states, “Motherhood and
childhood are entitled to special care and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.” U.N. member states further enunciated
children’s rights by unanimously adopting the Declaration on the Rights of the Child in 1959.
The declaration, which incorporates language from the Universal Declaration of Human
Rights, calls on governments, families, and individuals to ensure that all children enjoy certain
rights, including appropriate legal protections, a name and nationality, access to healthcare,
and protection from abuse and exploitation.

The international community also acknowledged the special rights of children in the
International Covenant on Economic, Social, and Cultural Rights (CESCR) and the
International Covenant on Civil and Political Rights (CCPR), which both entered into force in
1976. The possibility of a Convention on the Rights of the Child was first raised by the
government of Poland in 1978 as U.N. member states planned activities and programs that
would take place during the International Year of the Child in 1979. For the next decade, U.N.
member states participated in a U.N. Commission on Human Rights (now the Human Rights
Council) working group to draft the CRC text. The Convention was adopted by the U.N.
General Assembly after a decade of negotiations on November 20, 1989, and entered into force
on September 2, 1990.
Objectives -

CRC defines a child as “every human being below the age of eighteen years unless, under the
law applicable to the child, majority is attained earlier.” the objective to to ensure best interest
of the child should be the primary consideration in all actions concerning children. Countries
that are party to CRC agree to take all appropriate legislative, administrative, and other
measures to ensure that all children in their jurisdiction have the rights set forth in the
Convention. Such rights include life and development; name, nationality, and parental care;
health and access to healthcare services; and education. They also include protection from
abuse and neglect, and freedom of expression, religion, association, and peaceful assembly.
CRC calls for the protection of children from economic, sexual, and other forms of
exploitation; torture; and capital punishment for offenses committed before the age of 18. It
also provides special protections for orphans, refugees, and the disabled. Article 5 of CRC
recognizes the role of parents, requiring that “States Parties shall respect the responsibilities,
rights and duties of parents ... to provide ... appropriate direction and guidance in the exercise
by the child of the rights recognized in the present Convention.” The Convention also states
that children have the right to know and be cared for by their parents, and recognizes that the
“rights and duties” of parents should be taken into account when States Parties seek to ensure
a child’s well-being.
Salient features of the Convention

The Convention ensures that every child has the right to life and it is the responsibility of the
state to ensure the survival and development of the child. The state should respect the right of
thought, expression, conscience and religion of the child. under in article 12.

Renound Child Rights activist Peter Newell comments: “Article 12 is the cornerstone of the
Convention’s insistence that children must not be treated as silent objects of concern, but as
people with their own views and feelings which must be taken seriously”. Freeman contends
that this article is the first international document which dealt with the rights of the children. It
stated explicitly that children have a right to have a say in processes affecting their lives,
welfare and progress.

Within the UNCRC, four articles are afforded special emphasis, as they are basic to the
implementation of all other rights. These four articles are often referred to as general principles.
These are:

1) that all the rights guaranteed by the UNCRC must be available to all children without
discrimination of any kind (Article 2);

2) that the best interests of the child must be a primary consideration in all actions
concerning children (Article 3);

3) that every child has the right to life, survival and development (Article 6); and

4) that the child’s view must be considered and taken into account in all matters affecting
him or her (Article 12).
Major Rights

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 three categories of rights and a set of
guiding principles.

1) Survival and development Rights

2) Protection Rights

3) Participation Rights

Survival and development rights: the basic rights to life, survival and development of one’s
full potential

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. 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.

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.

Article 7 (Registration, name, nationality, care): All children have the right to a legally
registered name, officially recognised by the government. Children have the right to a
nationality (to belong to a country). Children also have the right to know and, as far as possible,
to be cared for by their parents.

Article 8 (Preservation of identity): Children have the right to an identity – an official record
of who they are. Governments should respect children’s right to a name, a nationality and
family ties.

Article 9 (Separation from parents): Children have the right to live with their parent(s),
unless it is bad for them. Children whose parents do not live together have the right to stay in
contact with both parents, unless this might hurt the child.

Article 14 (Freedom of thought, conscience and religion): Children have the right to think
and believe what they want and to practise 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.

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, 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 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.

Children’s education should develop each child’s personality, talents and abilities to the fullest.
It should encourage children to respect others, human rights and their own and other cultures.
Minority or indigenous children have the right to learn about and practice their own culture,
language and religion. The right to practice one’s own culture, language and religion applies
to everyone.

Apart from that Children have the right to relax and play, and to join in a wide range of cultural,
artistic and other recreational activities. Governments should make the Convention known to
adults and children. Adults should help children learn about their rights, too.
Protection rights: keeping safe from harm

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.

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.

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.

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.

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 37 (Detention and punishment): No one is allowed to punish children in a cruel or

harmful way. Children who break the law should not be treated cruelly. They should not be put
in prison with adults, should be able to keep in contact with their families, and should not be
sentenced to death or life imprisonment without possibility of release.

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: having an active voice

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.

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.

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.
 Optional Protocols

Two optional protocols were adopted by the UN General Assembly. The first, the Optional
Protocol on the Involvement of Children in Armed Conflict requires parties to ensure that
children under the age of 18 are not recruited compulsorily into their armed forces, and calls
on governments to do everything feasible to ensure that members of their armed forces who
are under 18 years do not take part in hostilities. This protocol entered into force on 12 July
2002. As of 26 September 2018, 167 states are party to the protocol and another 14 states have
signed but not ratified it.

The second, the Optional Protocol on the Sale of Children, Child Prostitution and Child
Pornography, requires parties to prohibit the 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. It entered into force
on 18 January 2002. As of 26 September 2018, 173 states are party to the protocol and another
9 states have signed but not ratified it.

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.
Implementation Machinery

The Committee on the Rights of the Child (the Committee) is established under Article 43 of
CRC to examine progress made by States Parties in meeting their obligations under the
Convention.

It is composed of 18 independent experts who serve four year terms. Each State Party may
nominate one candidate from among its nationals, and Committee members are elected by
States Parties by an absolute majority, taking into account equitable geographic distribution.

The Committee generally meets in Geneva, Switzerland, for three sessions per year—including
a three-week plenary and a one-week pre-sessional working group. It may hold special sessions
at the request of the Committee chairperson in consultation with other Committee members.
Special sessions may also be convened at the request of a majority of Committee members or
at the request of a State Party to the Convention. Committee members elect a chairperson, three
vice-chairpersons, and a rapporteur to serve two-year terms. The chairperson directs
Committee discussions and decision making and ensures that Committee rules are followed.
The Committee submits a report on its activities to the U.N. General Assembly through the
U.N. Economic and Social Council every two years.

The Committee’s primary responsibility is to monitor reports submitted by States Parties on

national implementation of CRC. Countries are required to submit an initial report to the
Committee within two years of ratifying or acceding to CRC, followed by regular reports every
five years. According to the Convention, these reports should include any “factors and
difficulties,” affecting the fulfillment of the obligations under the Convention. States Parties
present their reports at regular Committee meetings and engage in an open dialogue with
Committee members to address progress and challenges to implementing CRC, as well as
priorities and future goals. Committee members adopt concluding observations that include
suggestions and observations, and may request further information from the reporting State
Party as needed. The Committee also adopts general comments on articles, provisions, and
themes of CRC to assist States Parties in fulfilling their obligations under the Convention.
These comments address a range of issues—including juvenile justice, protection from
corporal punishment and other forms of punishment, and HIV/AIDS prevention and treatment.
Complaint Mechanism –

A children’s rights complaints mechanism at the UN has been a long time in the making.
Almost 25 years have passed since the Convention on the Rights of the Child entered into force,
and nearly every country in the world has now accepted its duty to respect and uphold
children’s international human rights. As of 14th April 2014, the third Optional Protocol to the
Convention on the Rights of the Child is in force and children are able to complain to the UN
Committee on the Rights of the Child (CRC) when their rights are violated.

The third Optional Protocol, like other international human rights mechanisms, exists for when
protection fails at the national level. Complaints are not accepted for review until “domestic
remedies have been exhausted”, meaning that complainants will have to try to resolve matters
through the national legal system before bringing the situation to the Committee’s attention.
The violation in question must also have taken place after the Optional Protocol came into
force. It will be for the CRC to decide whether domestic remedies have been exhausted, but
where there is no possible remedy at the national level, it may be possible for the Committee
to hear complaints without waiting for national courts to confirm that they cannot provide a
remedy.

The Effectiveness of the Convention

A significant area of debate among CRC supporters and opponents is the effectiveness of the
Convention, particularly in countries that have already ratified it. Some critics agree with
CRC’s overall goal of protecting children’s rights internationally, but they do not believe that
the treaty is an effective mechanism for achieving this goal. As evidence of this, they emphasize
that countries that many regard as abusers of children’s rights—including Sudan, Democratic
Republic of the Congo, and China—are party to the Convention. Similarly, some argue that
instead of helping children, ratification of CRC may serve as a facade for governments that
abuse children’s rights.

Critics have also asserted that reservations and declarations that some countries attached to the
Convention are at odds with the purpose of the treaty, possibly undermining its intent and
effectiveness. A number of Islamic countries, for example, attached reservations stating that
the Convention would not apply to provisions that they deem incompatible with Islamic Shari’a
law or values. Some are concerned that the ambiguity of such reservations could allow for
broad interpretations of the Convention’s provisions, particularly in the area of child marriage
and education for girls. Other States Parties also included reservations that aim to apply CRC
only when it is compatible with domestic laws. Holy See (the Vatican), for example, included
a reservation stating that the application of the Convention [should] be “compatible in practice
with the particular nature of the Vatican City State and of the sources of its objective law.”
Other countries, such as Sweden and Norway, have objected to the inclusion of these
reservations. When filing their own reservations and declarations, they state that the
reservations of some countries “may cast doubts on the commitments of the reserving state [to
the Convention].”

Supporters of CRC contend that it has enhanced children’s rights in a number of countries that
have ratified the Convention. Human Rights Watch, for example, reports that many countries
have used CRC as a basis for enhancing existing legislation and improving children’s rights.
Similarly, a 2004 U.N. Children’s Fund (UNICEF) review of 62 States Parties to CRC found
that more than half of the countries studied had incorporated Convention provisions into their
domestic laws, and nearly one-third of the countries had incorporated provisions into their
national constitutions. UNICEF also reports that CRC played a role in establishing over 60
independent human rights institutions for children in 38 countries.

Ultimately, however, supporters generally acknowledge that while progress has been made,
many countries still have a long way to go in implementing the Convention. The 2004 UNICEF
review, for instance, found that while high-level political commitment to CRC is essential to
developing new laws to protect children’s rights, social change will occur only when high-level
commitment is matched by “effective law enforcement, allocation of adequate resources and
the engagement of all levels of society.”