UNIT 9 RIGHTS OF THE CHILD

Structure

9.0 Objectives
9.1 Introduction
9.2 Origin of the Concept of Children's Rights
9.2.1 Drafting of the CRC

9.3 The UN Convention on the Rights of the Child

9.3. I General Principles

9.3.2 Provisions

9.4 Implementation Mechanism

9.4. J Problems in Implementation
9.4.2 The Optional Protocols

9.5 Let Us Sum UP

9.6 Answers to Check Your Progress Exercises

9.0 OBJECTIVES
This unit will help you to:

• understand the concept of the rights of the child;

• recall the evolution of the UN Convention on the Rights of the Child;
• know about the provisions, implementation procedure and its problems;
and
• learn more about the Committee on the Rights ofthe Child and its functions.

9.1 INTRODUCTION
The development of international concern for the rights of the child was propelled
by a growing concern for human security and human development in a global izing
world. In this context, children, in view of their vulnerability are the most affected
lot. Their vulnerability is further precipitated by poverty, conflict, exploitation
and related problems. In the decade of 1990s, issues like conflict, civil war, child
soldiers, divided families and broken childhood became strikingly evident
throughout the world. The international community has come to realize that
children as a group must have a set of exclusive rights and safeguards designed
for them in addition to enjoying the rights enshrined in other human rights treaties.
This realization led to the adoption of the comprehensive treaty enshrining all
the rights required for children. Prior to the Convention on the Rights of the
Child (hereafter the CRC), Article 24 of the International Covenant on Civil and
Political Rights (ICCPR) and Article 10 of the International Covenant on the
Economic, Social and Cultural Rights (ICESCR) recognized the child's need for
entitlement to special measures of protection. These two articles provided the
legal protection and helped in greater elaboration of special measures and rights
to form the CRe. In other words, CRC has bloomed from the 1959 UN declaration
I Human Rights of Groups on the Rights of the Child and the minimal provisions of the two Covenants. By
far, the CRC represents the best elaboration on the rights of the child.

The Convention also reflected a change of perspective in that children were now
being seen as the independent bearers of rights. The notion that prevailed earlier
was that only those persons who could claim rights and impose corresponding
obligations on others could be bearers of rights. This notion was replaced by the
idea that rights are also understood as legally protected interests. That is to say,
children's rights constitute legal safeguards to protect them from exploitation
and vulnerability. Moreover, to exclude anyone from holding rights merely
because s/he will not be able to claim. protect or exercise her/his rights responsibly
is to speak the language of subordination and paternalism and it reflects a deep
sense of mistrust of another's credibility to be the deserving carrier of rights.
The Convention, therefore, was a definite departure from the prevailing
conventional thought. It empowered children with rights and crystallized a rights-
based approach to the issues concerning children.

9.2 ORIGIN OF THE CONCEPT OF THE RIGHTS

OF THE CHILD
This section traces the history of the concept of rights of the child, the drafting of
CRC, some objections that were raised by conservative groups in the United
States and their counterparts elsewhere, as well as by commentators speaking
from a Third World perspective.

In 1924 the Assembly of the League of Nations adopted the Declaration on the
Rights of the Child. This Declaration makes the first mention of the "rights of
the child" in any international document. It endorsed a similar Declaration
promulgated by the Council of the Save the Children International Union in
1923. The League's Declaration contains a sentence that has become the motto
of all supporters of the children's cause: "mankind owes to the child the best it
has to give". As a natural corollary, the UN General Assembly adopted the
Declaration of the Rights of the Child on 20 November 1959. It was this text that
was the springboard for the initiative to draft a convention on the subject. .

The essential theme underlying these two non-binding declarations was that
children need special protection and priority care because, socially and physically
speaking, they represent the weakest part of human society. This situation of
objective inferiority often favours their exploitation in different areas: labour,
sexual integrity, etc. Therefore, they need special protection. At the same time
they depend for their survival on adults. Since children are perceived as the
future of mankind, the societies invest in their own future by taking care of
them.

9.2.1 Drafting of the CRC

In 1978, Poland submitted a draft proposal for Convention which was closely
modelled on the 1959 Declaration. The draft proposal failed to gain support but
it helped in the establishment of an open-ended Working Group of the UN
Commission on Human Rights (CRR). The Working Group, under the
Chairmanship ofProf. Adam Lopakta from Poland, was responsible for drafting
an international treaty on the human rights of children. It met regularly until
24
 1988 when the final draft of the CRC was completed and sent to the General Rights of the Child
Assembly for adoption. The drafting process was democratic and inclusive in
that besides the 43 states then represented in the CRR, observers from many.
other states and inter-governmental and non-governmental organizations
in consultative status with the Economic and Social Council (ECOSOC)
participated in the drafting of CRe. Initially many governments showed less
enthusiasm in the drafting process. Many developing countries like Algeria,
Argentina, Senegal and Venezuela, and states with Islamic law became active
participants only towards the end. A key feature in the successful functioning of
the Working Group of the CRR was continuity in the composition of government
delegations.

The contribution of the NGOs in the drafting process has been highly laudable.
In 1983 an NGO Ad Hoc Group was created in order to develop joint proposals
and ensure greater coherence among the NGOs and submit annual reports to the
Working Groups. The success of the NGO's activities to promote support for
CRC was undoubtedly instrumental in getting many governments to take the
drafting process more seriously, and in giving the Working Group a renewed
sense of purpose. The Working Group acted on the basis of consensus; no proposal
was taken to a vote. This led to a very lengthy process, and the consensus system
resulted in the abandonment of certain proposals, notwithstanding the support
of a clear majority.

During drafting of the CRC many issues of controversy arose. Three of them are
important. The first controversy was concerning the issue of definition of the
minimum age of child. There were two opposing groups having differing
viewpoints as to the moment when childhood begins - at conception or at birth.
Neither side could agree to what would have been a definition of the child in
Article 1 primarily owing to concerns regarding the issue of abortion. The
Working Group finally came to a consensus that explicit reference to the
formulation of minimum age in the Declaration would be made in the Preamble
~o the Convention, and that there would be no mention of miriimum age in
Article 1.

The second major area of disagreement was concerning the freedom of religion
(Article 14). Its initial formulation, modelled on the text of Article 18 of the
ICCPR, included reference to the "freedom to have or to adopt a religion of
his choice". It was subsequently pointed .IUtin the strongest terms that, under
Islam, a child does not have the right to choose another religion, and that the
right contained in the Covenant could only be held to apply to adults. This put
the drafters in a delicate situation. Reluctantly, in the end therewas a consensus
to drop all reference to choice.

The third issue that provoked considerable problems was regarding the age at
which children should be permitted to take part in armed conflicts (Article 38).
This issue generated heated debate in the drafting process. The NGOs and many
• governments fought tirelessly to ensure that even if children could be recruited

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into the armed forces as of age fifteen, at least they be prohibited from taking a
direct part in hostilities until they had reached eighteen years. At the last meeting

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of the Working Group, the United States delegate categorically refused to give
such protection to the fifteen to seventeen age group.

25
Human Rights of Groups Check Your Progress 1

1) Why do you think the rights of children are more important than compared
to 'the rights of other groups? ' '
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2) Discuss the origin of the concept of the rights of the child.

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3) What were the three controversial issues that dominated the debates during
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9.3 THE .UN CONVENTION ON THE RIGHTS OF

THE CHILD(CRC)
As discussed earlier, the CRC is a culmination of a process that began with the
adoption ofthe Declaration on the Rights of the Child ii11959.' Forty years later,
it was adopted by the UN General Assembly on November 20, 1989 and entered
into force in record time on SeptemberZ, 1990. Currently it has 193 states parties
and by virtue of it, it is the most widely ratified Convention and has become the
first human rights instrument to achieve universality in the UN system. Only the
United States remains outside the treaty regime (though it has signed the
Convention on 16 February 1995). This development is all the more remarkable,
because the concept of children's rights is relatively novel and the fact that the
CRC is the most comprehensive single treaty in the field of human rights.

With the adoption of two Optional Protocols the scope of CRC is widened. 0.,
16 May 2000, the UN General Assembly adopted two Optional Protocoh )
CRC: First Optional Protocol to CRC on the Involvement of Children in Armed
Conflict and the Second Optional Protocol on the Sale of Children, Child
26
 Prostitution and Child Pornography. These Protocols entered into force on 18 Rights of the Child

January and 12 February 2002 respectively. These protocols will be discussed at

the end of this section.

9.3.1 General Principles

Before looking at the provisions of the Convention, it would be helpful to look
at the four general principles that capture the spirit and philosophy of the
Convention:

a) Non-discrimination (Article 2);

b) Best interests of the child (Article 3);
c) Survival and development (Article 6); and
d) Participation and respect for the views of the child (Article 12)

These general principles guide the interpretation ofthe Convention and all actions
concerning the children.

Non-discrimination: The first principle of non-discrimination obligates the

member states to respect and implement the rights enshrined in the Convention
'without discrimination of any kind'. The member states have to make required
changes in legislative, administrative and budgetary policies and choices to
eliminate any prevalent discriminatory clauses and trends. However, the principle
of non-discrimination does not prevent a member state from providing special
measures to help differently-ab led children in realizing their rights.

Best interest of the child is the most important principle that has attracted a
great deal of academic interest. Simply put, it means that all legislative,
administrative.judicial, public and private bodies concerned with children's rights
must constantly corisider and bear in mind as to how their decisions and actions
would affect the rights of the child. Best interest of the child is therefore the
primary consideration that must inform all actions concerning children. As article
3(1) ofthe Convention states, this principle is equally applicable for public bodies,
private actors and non-governmental organizations working in the field of human
rights. "

Survival and Development: This prin iple is enunciated in Article 6 which

obligates the member states to "ensure to the maximum extent possible the
survival and development of the child'>. The Committee on the Rights of the
Child in its General Comment no. 5 has stated that 'development' in this context
should be seen as a 'holistic concept, embracing the child's spiritual, moral,
psychological and social development'. Particular emphasis has been laid on
access to such social sectors as education and health but according to the
Convention, these and other economic and social rights are to be implemented
'progressively' to the 'maximum extent of available resources and within the
framework of the international cooperation. This phrase is similar to the one
used in the International Covenant on Economic, Social and Cultural Rights.

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Participation: Article 12(1) of the Convention provides for the child's right to
participation in all matters that might affect children. However, views of the
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child must be given due weightage in accordance with its age and maturity. States
Parties are obligated to ensure that avenues for such participation by children are
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Human Rights of Groups established. The right to express one's views freely and the right to participation
are essential if the States Parties are to ensure that decisions on issues concerning
children are made with due consideration to the best interest of the child. Such
participation, it has been further emphasized by the Committee on the Rights of
the Child, should not be limited to "listening" to the child; the need is to take
their views seriously. In brief, every State is obligated to develop avenues for a
two-way communication between children and policy makers.

9.3.2 Provisions
The Convention's coverage is considerable: Article I states that the CRC applies
to "every human being below the age of 18 years unless, under the law appl icable
to the child, majority is attained earlier" (Article 1), thus putting the burden on
the state to justify instances in which lower age limit is prescribed. After the
initial definition and the principles of non-discrimination and the best interest of
the child, substantive provisions regarding rights begin. The rights contained in
the CRC have often been analysed around three Ps - rights related to
"protection", "provision" and "participation". The CRC covers all the traditional
areas of human rights - civil, political, economic, social and cultural. It
underscores the indivisibility, mutual reinforcement and equal importance of all
rights. The only exception to this is the explicit mention of economic, social and
cultural rights in Article 4, which requires states parties to undertake such
measures to the "maximum extent of their available resources and where needed,
within the framework of international cooperation".

The Convention emphasizes the importance of the family and the need to create
an environment that is conducive to the healthy growth and development of
children. From the Preamble and throughout the text, great importance is attached
to the role of the family. The family is referred to as "the fundamental group of
society" (Preamble). The document recognizes that "for the full and harmonious
development of his or her personality", a child "should grow up in a family
environment, in an atmosphere of happiness, love and understanding." Family is
broadly defined, including "members of the extended family or community as
provided for by local custom" (Article 5). With a view to promote the basic
principles of "best interests of the child" and "respect for the views of the child",
the following rights and responsibilities are provided under family and alternative
care:

i) Parental guidance (Article 5)

ii) Parental responsibilities (Article 18, para I & 2);
iii) Freedom from separation from parents (Article 9);
iv) Family reunification (Article 10);
·v) Recovery of maintenance for the child (Article 27, para 4);
vi) Children deprived of a family environment (Article 20);
vii) Concerning adoption (Article 21);
viii) Illicit transfer and non-return (Article 11);
ix) Freedom from abuse and neglect (Article 19);
x) Physical and psychological recovery and social reintegration IArticle 39);

28 xi) Periodic review of placement (Article 25).

 The CRC also makes provision for special protection of children's rights in Rights of the Child
difficult circumstances. Following provisions deal with the rights of different
categories of children:

a) Children in situations of emergency:

i) Rights of refugee children (Article 22);
ii) Rights of children in armed conflicts (Article 38), including physical
and psychological recovery and social reintegration (Article 39);
b) Juvenile children's rights
i) The administration of juvenile justice (Article 40);
ii) Children deprived of their liberty, including any form of detention or
placement (Article 37 (b), (c), (dj);
iii) The prohibition of capital punishment and life imprisonment (Article
37 (a));
c) Children in situations of exploitation:
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i) Freedom from economic exploitation, including child labour (Article
32);
ii) Freedom from drug abuse (Article 33);
iii) Freedom from sexual exploitation and sexual abuse (Article 34);
iv) Freedom from other forms of exploitation (Article 36);
v) Prohibition of sale, trafficking and abduction of children (Article 35).
d) Rights of children belonging to a minority or an indigenous group (Article 30)

Most of the rights contained in the above section are protection rights. It may be
. noted that the CRC has to be implemented in the context of existing international
norms and national laws if those are more conducive to the realization of the
rights of the child. Hence, although Article 1 defines child as a person below the
age of 18 years, there are differing national laws prescribing minimum age for
marriage, employment etc.

Social, Educational and Cultural Rights

CRe recognizes the following basic rights:

a) Survival and development (Article 6, para 2);

b) Rights of disabled children (Article 23);

c) Right to health and health services (Article 24);

d) Right to social security and child care services and facilities (Article 26 and
Art. 18, para 3);

e) Right to a standard of living adequate for the child's physical, mental,

spiritual, moral and social development (Article 27, para 1-3).

f) Right to education, including vocational training and guidance (Article 28);

g) Aims of education (Article 29);

h) Leisure, recreation and cultural rights (Article 31).

Human Rights of Groups The rights contained in the above category of social, educational and cultural
rights are predominantly" "provision" rights in that they involve provision of
services and facilities.

Civil Rights and Freedoms

These rights are related to basic civil rights and freedoms and they help in the
"participation" of children in decision-making process.

a) Right to name and nationality,' including, registration after birth; the right to
know and be cared by parents (Article 7).
b) Preservation ofIdentity (Article 8) - The child's right to know one's parents
is important. The problem mainly arises when the child is abandoned by the
parents, or when the child is born out of wedlock, or when the parents divorce.
This provision is closely interrelated with Article 8 which obligates states
to protect basic aspects of the child's identity, i.e., nationality, name and
family relations.
c) Freedom of expression (Article 13);
d) Access to appropriate information (Article 17);
e) Freedom of thought, conscience and religion {Article 14);
f) Freedom of Association and of peaceful assembly (Article 15);
g) Protection of privacy (Article 16);
h) The right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment (Article 37 (a)).

There are no duties explicitly imposed on children for the rights that they enjoy
under the Convention. This is so because it is normally held that since children
are seen as vulnerable individuals in need of protection, the duty to realize and
maintain children's rights falls on the state and society. The"member states are
obligated to make appropriate laws, implement them, establish national
institutions for child's welfare and rights, allocate funds and draft policies to
realize the rights contained in the Convention. Additionally, family, community,
non-governmental organizations and local networking groups concerned with
children play a significant role in realizing the rights of the child.

Check Your Progress 2

1) Explain the two guiding principles of non-discrimination and survival and

development of the child as provided in the CRe.

30
2) Which articles of CRe' aim at promoting the basic principles of the "best Rights of the Child

interest of the child". and "respect for the views of the child"?

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3) List the rights that a child is entitled to in situations of exploitation and

emergency.

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4) Which social, educational and cultural rights of the child are recognized in.
CRC? .-

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9.4 IMPLEMENTATION MECHANISM

The CRC establishes its own mechanism, the Committee on the Rights of the
Child, to monitor the implementation of the treaty by states parties (Article 43
(1)). The Comniittee, based in Geneva, originally consisted of 10 experts was
enlarged to 18 experts in 2003. These experts are elected by the states parties for
a period of four years with due consideration to equitable regional distribution
and to the principal legal systems (Article 43 (2)). Althoughelected by the states
parties, the experts are usually recognized in their field, of high moral standing,
and work in their independent capacity. The composition of the Committee is
multidisciplinary. It includesexperts in such fields as law, medicine, economy,
.sociology, education and international law. Originally the Committee met annually
but in view of its increased; and still increasing, volume of workload, it.hasmet
three times a year since 1.995: The Committee now meets three times a year and
considers six.to eight reports in each session.

It has basically one (mandatory) procedure .- to consider reports by the member

states. The states parties are under an obligation (Article 44(3)) to submit an
initial report within two years of entry into force of the Convention for them and
Human Rights of Groups subsequently periodic reports every five years. The initial report is usually a
statement ofthe policies arid laws concerning children whereas the periodic reports
review the progress made in their implementation. The Convention does not
provide for either inter-state complaints or individual communication procedure.

The purpose of this procedure is to aid the Committee in understanding the level
of adherence to the Convention achieved by a state party so that possible ways
can be suggested for overcoming the difficulties in implementation. The
Committee has repeatedly emphasized that reporting procedure itself should not
be seen as a mere administrative exercise; rather, it is intended to give a state
party an opportunity to review the existing legislation, harmonize it with the
Convention provisions, evaluate their implementation, interact with NGOs, and
to appreciate the attendant problems. The objective of the entire process is to
make the domestic environment more child-friendly, and thereby enhance the
understanding of, and the capacity to implement, the Convention. The states
parties are obliged to provide sufficient information on the measures adopted
and the progress made in the actual enjoyment of those rights to let the Committee
have a comprehensive understanding. Further, the reports are to be made widely
available within the country to generate public debate and domestic scrutiny
(article 44(6)).

During consideration of state reports, the participation of a state representative

is essential when the Committee is examining the report of a state. The questioning
.of state representatives by the Committee is not adversarial although it enables
them to extract useful information from them. The Committee also takes into
account relevant information from specialized agencies, such as UNICEF (Article
45 (a)), UNHCR, other treaty bodies, international organizations and NGOs
(Article 45 (a)). It engages in a continuous "constructive dialogue" with
governmental authorities of states parties. In the spirit of Article 45, the Committee
and UNICEF have succeeded in establishing a very positive partnership since
UNICEF treasures cumulative knowledge, database andexperience in the area.
The Committee has also built up an innovative relationship with civil society
through national and international NGOs.

The Committee adopts "Concluding Observations", on state reports and "General

Comments" on the nature and extent of rights of the Convention, which provides
interpretations of the provisions of CRC. Besides this, Articles 42 and 44 of the
Convention obligate a state to make the principles and provisions of the
Convention widely known to adult and children alike, and make their report
publicly known in their country. The Committee usually refrains from using
harsh or critical terminology in its concluding observations and has tended to
couch its recommendations and concerns in an agreeable language.

9.4.1 Problems in Implementation

There are many problems in implementation of all the rights and provision of
CRe. The Committee's objective to promote and protect children's rights has
been hampered by the reservations and declarations made to the Convention.
Sometimes the reservations are so extensive that they make member state's
assumption of obligations under the Convention more nominal than real. Its
success story of being a widely ratified treaty is marred by these reservations.
Nearly 50 states have formulated reservations to substantive provisions and some
32 reservations are so extensive that they defeat the very objective ofthe Convention.
Secondly, reporting by the states parties is irregular and delayed. Huge backlog Rights of the Child

of state reports reveals that the Committee has faced progressive deterioration in
state reporting. It is helpless in tracking down erring states because there is no
provision for punitive action against such delays except for sending repeated
reminders or allowing the state parties to submit combined reports in case they
are overdue. Delay is not only on the part of the states; the Committee too has
experienced a yawning gap between the date of submission of a report and the
date of its consideration. Part of the reason for this delay was that the session
allocated to the Committee was brief and was extended only in 1995.

Thirdly, success always comes at a price. As the most widely ratified Convention,
the number of states parties and the volume of communications are large. There
is enormous amount of work to be done before a report is taken up for discussion.
The secretarial assistance available to the Committee is inadequate which makes
timely processing of reports difficult.

Fourthly, the Convention makes the protection of civilians, including children, a

matter of feasibility and not of necessity. Likewise, it is weak on the child soldiers'
age limit for recruitment to combat services as low as 15. This, in effect,
legitimizes use of children of 15-16 years as combat soldiers.

9.4.2 The Optional Protocols

The tenth anniversary of the entry into force of the CRC in the year 2000 was
marked by the adoption of the two Optional Protocols - the Optional Protocol
on the Involvement of Children in Armed Conflict (OP-AC) and the Optional
Protocol on the Sale of Children, Child Prostitution and Child Pornography (OP-
Se) ..

OP-AC was adopted to address the pressing problem of rampant use of child
soldiers in the 1990s. The decade of 1990s witnessed a large number of civil
wars across the world. In most of these wars, the insurgent groups and irregular
armies accounted for widespread recruitment of children below the age of 18
years for active participation in hostilities and their deployment in conflict zones.
In some cases, the children operating machine guns and automatic weapons were
as young as 12 years of age. Secondly, many countries have deposited reservation
or declaration to Article 38 of the Convention that requires the member states to
refrain from recruiting persons below the age of 15 years to the armed forces and
to ensure that such persons do not take direct part in hostilities. To plug these
loopholes a comprehensive and exclusive Optional Protocol was required.

OP-AC sets the age limit for the compulsory recruitment and direct participation
in hostilities at 18 years and requires states parties to raise the minimum age for
voluntary recruitment to at least 16. It prohibits insurgent armed groups "under
. any circumstances" from recruiting persons under 18 years or using them in
hostilities. Insofar as the insurgent groups are concerned, the states shall adopt
legal measures to prohibit and criminalize the practice of recruiting children. In
its Preamble, the Protocol notes the adoption of the Rome Statute of the
International Criminal Court (ICC) and, in particular, its inclusion as a war crime
of conscripting or enlisting children under the age of 15 or using them to
participate actively in hostilities in both international and non-international armed
conflicts.

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Human Rights of Groups Article 3 of the OP-AC further notes that in the instance of recruitment of members
to the armed forces under the age of 18 years, the states shall maintain certain
safeguards in respect of such recruitment. These safeguards include that:

a) such recruitment is genuinely voluntary;

b) such recruitment is done with the informed consent of the parents or legal
guardians;
c) uch person are fully informed ofthe duties involved in such military service;
and,
d) such persons provide a reliable proof of age prior to acceptance into military
service.

The OP-AC also requires the states parties to make a binding declaration that
such recruitments are not forced or coerced. Moreover, Article 6 of the Protocol
requires states parties to take necessary legal, administrative and other measures
to ensure effective implementation of Protocol's provisions.

The OP-SC requires states parties to prohibit the sale of children, child prostitution
and child pornography. Article 2 ofthe Protocol defines these three acts as follows:

a) Sale of children means any act or transaction whereby a child is transferred

by any person or group of persons to another for remuneration or any other
consideration;

b) Child prostitution means the use of a child in sexual activities for

remuneration or any other form of consideration;

c) Child pornography means any representation, by whatever means, of a child

engaged in real or simulated explicit sexual activities or any representation
of the sexual parts of a child for primarily sexual purposes.

The states parties are also required to ensure that these activities are fully covered
under its criminal or penal law and in extradition law between state parties. This
means that an offender cannot seek refuge in another country after committing
the offence. As positive measures, the states are required to adopt appropriate
measures to protect the rights and interests of child victims of these offences.
Such measures should include informing the child victims of their rights;
providing appropriate support services, protecting their privacy and identity and
providing for their safety at all stages of the criminal justice process.

The two Optional Protocols have implementation mechanism similar to the one
provided under the Convention. States parties are required to submit, within two
years of ratification, a comprehensive report to the Committee of the CRC on
measures it has adopted to implement the provisions of the Protocols. Following
the comprehensive report, the states parties have to submit periodic reports on
the Optional Protocols every five years.

Both these Protocols have entered into force in 2002. This is remarkable in more
ways than one; the CRC and the Protocols have come into force reasonably early
compared to other human rights treaties and their protocols. Together, the CRe
and the two Optional Protocols provide a comprehensive international framework
for the protection of children. The real challenge today is to ensure their effective
implementation world over.
34
 Check Your Progress 3 Rights of the Child

1) What is the composition and functions of the Committee of the CRC?

.................................................................................................... " .
.......................................................................................................................
......................................................................................................................

..............................................~ " .

......................................................................................................................
2) Who all participate in the deliberations of the Committee in reviewing state
reports?

.......................................................................................................................

3) Discuss any three problems encountered in the implementation of CRC .

......................... : -: .

4) Discuss the major features of the Optional Protocol on the Involvement of

Children in Armed Conflict.

9.5 LET US SUM UP

Notwithstanding the problems, the CRC stands out as the universal human rights
treaty, which has established a rights-based approach for children, in the light of

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a unique change in the global perception of the child. As for the present century,
the Convention ~ill surely face complex challenges, such as its implementation
... in a world ridden by increasing poverty and violence .
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Despite the inadequacies, the monitoring mechanism of the Convention has been
reasonably successful so far. Its significant achievements have been in enhancing 35
Human Rights of Groups the level of participation and dialogue between the Committee, the reporting
states, the NGOs and other UN organs and bodies through dispassionate,
constructive engagement of all.

The effectiveness of CRC will depend, to a large extent, on the widespread

awareness about the Convention by adults and children alike; it is of crucial
importance that mass media, local and central authorities, and national and
international NGOs contribute to the dissemination of information on the
Convention. Everybody has a role to play in ensuring that the letter and spirit of
the Convention becomes reality.

9.6 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) The rights of children are more important than those of other groups because
of many factors. They depend on adults for the realization of their rights.
They are more vulnerable compared to other persons in the society. This
vulnerability flows as much out of age as from poverty, conflict and
exploitation. For details, refer to section 9.1.

2) The origin of the CRC must be traced from the 1924 League Declaration on
the Rights of the Child. This Declaration formed the basis of a similar
Declaration adopted by the United Nations in 1959. In addition to these
Declarations, one article each relevant to children is found in the ICCPR
and ICESCR, which formed the legal protective shield before the adoption
of the CRC. For details see section 9.2.

3) The three controversial issues that dominated the deliberations during the
drafting ofthe Convention were: defmition of the minimum age of the child;
freedom of religion; and, the minimum age at which children should be
permitted to take part in armed conflicts. For details see sub-section 9.2.1.

Check Your Progress 2

1) Non-discrimination is provided for in Article 2 of the CRe. It means that

the states shall implement the rights contained in the Convention without
discrimination of any kind, although the state may make provisions for
differently-ab led children. Survival and development rights are enshrined
in Article 6 where these twin concepts are seen as holistic ones to 'imply
moral, physical, spiritual and mental development. See sub-section 9.3.1

2) Articles 5, 18,9, 10,27,20,21, 11, 19,39 and 25. See sub-section 9.3.2

3) Articles 22 and 32 to 39. See sub-section 9.3.2.

4) See sub-section 9.3.2.

Check Your Progress 3

I) The Committee is composed of 18 independent experts from different
disciplines who work in their individual capacity. The functions of
Committee include the consideration of reports submitted by the states parties
and adopting General Comments on the provisions of the Convention. See
36 sub-section 9.3.3.
 2) The Committee interacts and deliberates with the state representatives, Rights of the Child

international organizations, NGOs and other civil society institutions. See

sub-section 9.3.3.

3) Three major problems faced by the Committee in the implementation of the

Convention are: delayed and irregular reports by the member states;
reservations and declarations appended to the Convention; too much
workload to be handled by the Committee. See sub-section 9.3.4.

4) The OP-AC prescribes minimum age for recruitment of persons to armed

forces, that such recruitment must be voluntary, and that those recruited
below the age of 18 years shall not be allowed to take direct part in hostilities
till they attain the age of 18 years. Moreover, the OP-AC obligates the
member states to criminalize recruitment of child soldiers by the insurgent
groups and irregular armies. See sub-section 9.3.5.

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37