NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW

RANCHI

PUBLIC INTERNATIONAL LAW PROJECT

An analysis of The Convention on the Rights of the Child: CRC

SUBMITTED BY: SUBMITTED TO:

MANISHA SHAILY NAG MS. SATYABRATA MISHRA

ROLL NO. 1178 ASSISTANCE PROFESSOR

SEMESTER VI NUSRL, RANCHI

SECTION B

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 CONTENTS

ACKNOWLEDGEMENT------------------------------------------------------------- 3

INTRODUCTION---------------------------------------------------------------------- 4-5

HISTORY OF CRC-------------------------------------------------------------------- 6

THE NATURE OF CRC-------------------------------------------------------------- 7

REQUIREMENTS OF THE RIGHTS---------------------------------------------- 8-9

SURVIVAL AND DEVELOPMENT RIGHTS----------------------------------- 9-11

RIGHT TO PRIVACY AND IDENTITY------------------------------------------ 11-12

PROTECTION RIGHTS-------------------------------------------------------------- 12-13

ARTICLE 22 OF CRC------------------------------------------------------------------13-14

CONCLUSION--------------------------------------------------------------------------- 15

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 ACKNOWLWDGEMENT

I would like to thank my faculty Satyabrata Mishra ma’am, whose assignment of such a
relevant and current topic made me work towards knowing the subject with a greater interest
and enthusiasm and moreover he guided me throughout the project.

I owe the present accomplishment of my project to my friends, who helped me immensely with
sources of research materials throughout the project and without whom I couldn’t have
completed it in the present way.

I would also like to extend my gratitude to my parents and all those unseen hands that helped
me out at every stage of my project.

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 INTRODUCTION

THE CONVENTION ON THE RIGHTS OF THE CHILD

The Convention on the Rights of the Child (CRC) is an international treaty adopted by the
United Nations General Assembly in 1989. It outlines the basic rights of children and defines
the obligations of governments to protect and promote these rights. The Convention on the
Rights of the Child is based on four fundamental principles:

1. Non-discrimination,
2. the best interests of the child,
3. the right to life,
4. survival and development, and respect for the views of the child.

These principles are applied to all aspects of children's lives, including their health, education,
welfare, and social inclusion.

The CRC contains 54 articles, which cover a wide range of rights and issues related to children.
Some of the key provisions of the CRC include the right to education, the right to participate
in decision-making processes, the right to protection from all forms of violence, abuse, and
exploitation, the right to healthcare, and the right to a family life.

One of the unique features of the CRC is that it recognizes children as rights holders and
acknowledges their agency and ability to participate in decision-making processes that affect
their lives. This is reflected in the requirement for governments to respect children's views in
all matters affecting them, and to provide opportunities for children to express their views
freely.

The CRC has been widely adopted, with 196 countries having ratified it as of May 2023.
However, despite this widespread adoption, there are still many challenges in implementing
the provisions of the CRC. Some of the key challenges include lack of resources, cultural
barriers, and resistance from some governments and communities.

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Who is a child?

Convention on the Rights of the Child (CRC) defines a child. Article 1 of CRC states that “a
child means every human being below the age of eighteen years unless, under the law
applicable to the child, majority is attained earlier”1. Juvenile Justice (Care and Protection of
Children) Act of 2015 also defines a child as “a person who has not completed eighteen years
of age”2. The Protection of Children from Sexual Offences (POCSO) Act, 2012 defines a child
as “any person below the age of eighteen years”3.

As of 12 July 2022, 196 countries are parties to the UNCRC treaty (some with stated
reservations or interpretations)4. Every member of the United Nations accepted the rights
articulated for the child under eighteen or below the age of majority in that state.

Children are the most important wealth of any nation who should be cherished and protected
from all the social evils to build a nation of higher social values. Even in this 21st century where
the concept of human rights and other concepts related to the welfare of children has evolved,
Children are subjected to abuses and violence. These kinds of violence against children should
be prevented at any cost. In this article, I will be discussing important laws and Constitutional
provisions that have been enacted for enhancing the protection of children in India.

Child participation: The CRC recognizes the right of children to express their views and to
participate in matters affecting them. It highlights the importance of involving children in
decision-making processes, considering their age and maturity. The CRC encourages states to
ensure opportunities for children's participation at various levels of society.

The CRC is a dynamic instrument that acknowledges the changing needs and circumstances of
children. It provides a framework for ongoing development and adaptation to address emerging
challenges and to advance the rights of children in a changing world.

The nature of the CRC reflects its significance as a legal instrument that promotes and protects
the rights of children worldwide. It serves as a guiding document for governments,
organizations, and individuals to ensure the well-being and development of every child.

1
Art. 1, the Convention on the Rights of the Child.
2 S. 2(12), Juvenile Justice Act, 2015.
3 S. 1(d), The Protection of Children from Sexual Offences Act, 2012.
4 "United Nations Treaty Collection". treaties.un.org. Retrieved 7 December 2022.

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 HISTORY OF CONVENTION ON THE RIGHTS OF THE CHILD

The idea of creating an international treaty specifically focusing on the rights of children
emerged during the drafting of the Universal Declaration of Human Rights in 1948. It took
several decades for the concept to gain significant momentum. UN General Assembly
resolution held in 1978, the UN General Assembly established a working group to draft a
convention on the rights of the child. Over the following years, the working group developed
a draft document.

After many years of negotiations and revisions, the United Nations General Assembly
unanimously adopted the Convention on the Rights of the Child on November 20, 1989. It
represented a comprehensive set of rights for children, addressing civil, political, economic,
social, and cultural rights. The CRC consists of 54 articles that outline the rights of children.
Some of the provisions include the right to life, survival, and development; the right to
protection from violence, abuse, and neglect; the right to education; the right to health and
healthcare; the right to an identity; and the right to express opinions and participate in decisions
affecting them.

The Convention required 20 ratifications to enter into force. It achieved this milestone within
a year, and the CRC came into effect on September 2, 1990. Since then, it has been ratified by
almost every country in the world. As of my knowledge cut-off in September 2021, only two
UN member states, the United States and Somalia, had not ratified the CRC. However, please
note that the status of ratifications may have changed since then. It established a monitoring
mechanism through the creation of the Committee on the Rights of the Child. The committee
is composed of independent experts who review states' compliance with the convention and
issue recommendations.

The Convention on the Rights of the Child have had a significant impact on the protection and
promotion of children's rights globally. It has influenced domestic legislation, policies, and
practices in various countries. Additionally, it has inspired the development of other
international instruments, such as the Optional Protocols to the Convention on the Rights of
the Child on the involvement of children in armed conflict and the sale of children, child
prostitution, and child pornography. It represents a crucial international framework for the
protection and promotion of children's rights. Its widespread adoption and ongoing
implementation efforts continue to play a vital role in improving the lives of children around
the world.

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 THE NATURE OF CONVENTION ON THE RIGHTS OF THE CHILD

The Convention on the Rights of the Child applies to all children, without discrimination,
regardless of their nationality, ethnicity, religion, or any other characteristic. It sets out a
universal standard of rights for all children around the world. It addresses a wide range of civil,
political, economic, social, and cultural rights of children. It covers both negative obligations
(prohibiting actions that violate children's rights) and positive obligations (requiring actions to
promote and protect children's rights).

The CRC is based on the principles and values of human rights. It recognizes that children are
rights holders, and states have the obligation to respect, protect, and fulfil these rights. The
CRC emphasizes the inherent dignity and worth of every child. The CRC places primary
responsibility on governments to ensure the implementation of children's rights within their
respective countries. States that ratify the CRC commit to incorporating its principles and
provisions into their domestic laws and policies. They are required to take all necessary
measures to promote and protect children's rights and to report regularly on their progress to
the United Nations.

The CRC establishes a monitoring mechanism through the Committee on the Rights of the
Child. The committee is composed of independent experts who review states' implementation
of the CRC and provide guidance and recommendations. States are required to submit periodic
reports to the committee on their progress in implementing children's rights. In addition to the
main treaty, the CRC has optional protocols that address specific issues. The involvement of
children in armed conflict sets standards to protect children from recruitment and use in armed
conflicts. The Optional Protocol on the sale of children, child prostitution, and child
pornography aims to combat these forms of exploitation and abuse.

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REQUIREMENTS OF THE RIGHTS UNDER CONVENTION ON THE RIGHTS OF
THE CHILD

The Convention on the Rights of the Child (CRC) outlines a set of requirements or obligations
for states that have ratified the treaty. These requirements are aimed at ensuring the protection,
promotion, and fulfilment of the rights of children.

Article 2: Non-discrimination- States must ensure that all children within their jurisdiction
enjoy the rights enshrined in the CRC without discrimination of any kind. This includes
eliminating any laws, policies, or practices that discriminate against children based on their
race, color, sex, language, religion, disability, or any other status.

Article 3: Best interests of the child- States are obligated to make the best interests of the child
a primary consideration in all actions and decisions that may affect children. This means that
the well-being and needs of the child should be given paramount importance in areas such as
legislation, administrative decisions, and judicial proceedings.

Article 6: Right to life, survival, and development- States must take measures to ensure the
survival, protection, and development of the child. This includes providing access to
healthcare, nutrition, and education, as well as addressing issues such as poverty, malnutrition,
and preventable diseases.

Article 12: Respect for the views of the child- States are required to respect the right of the
child to express their views freely in all matters affecting them, and to give due weight to those
views according to the child's age and maturity. This includes involving children in decision-
making processes that affect their lives.

Article 28: Right to education- States must ensure that all children have access to quality
education that is free, compulsory, and suitable to their age and abilities. They should strive to
eliminate disparities in education and provide inclusive education for children with disabilities
or special needs.

Special protection for vulnerable children: States are required to provide special protection
and assistance to children who are particularly vulnerable or marginalized. This includes
children with disabilities, refugee and migrant children, children in armed conflict, and children
involved in the criminal justice system.

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Monitoring and reporting: States must establish mechanisms for monitoring and evaluating
the implementation of children's rights within their jurisdiction. They are also required to
submit regular reports to the Committee on the Rights of the Child, providing information on
the measures taken to fulfil the rights recognized in the CRC.

SURVIVAL AND DEVELOPMENT RIGHTS OF THE CONVENTION ON THE

The Convention on the Rights of the Child (CRC) contains several provisions that specifically
address the survival and development rights of children. These provisions highlight the
importance of ensuring children's well-being, health, education, and protection. Here are some
key provisions related to the survival and development rights outlined in the CRC:

Article 6: The right to life – States parties recognize that every child has the inherent right to
life and are obligated to ensure children's survival and development to the maximum extent
possible.

Article 7: registration, name, and nationality- The child shall be registered immediately after
birth and shall have the right from birth to a name, the right to acquire a nationality, and as far
as possible, the right to know and be cared for by his or her parents. States Parties shall ensure
the implementation of these rights in accordance with their national law and their obligations
under the relevant international instruments in this field, where the child would otherwise be
stateless.

Article 9: separation from parents- States Parties shall ensure that a child shall not be separated
from his or her parents against their will, except when competent authorities subject to judicial
review determine, in accordance with applicable law and procedures, that such separation is
necessary for the best interests of the child. Such determination may be necessary in cases
where the child is subjected to abuse or neglect by the parents or when the parents are unable
to provide suitable care. This Article recognizes the importance of preserving the unity of the
family and establishes the principle that a child should not be separated from their parents
against their will.

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Article 20: children deprived of their family environment- A child temporarily or permanently
deprived of his or her family environment, or in whose own best interests cannot be allowed to
remain in that environment, “States Parties shall, in accordance with their national laws, ensure
alternative care for such a child. Such care could include, among others, foster placement,
Kafalah of Islamic law, adoption or if necessary, placement in suitable institutions for the care
of children.”

States parties are required to establish and implement national laws that ensure alternative care
options for children who are deprived of a family environment. This can include various forms
of alternative care such as foster care, adoption, or placement in suitable institutions. It should
be ensured that children who cannot be with their biological families receive adequate care,
protection, and support in alternative care arrangements that prioritize their well-being and
overall development.

Article 24: The right to health – Children have the right to enjoy the highest attainable standard
of health. States parties are required to provide appropriate healthcare services, including
preventive care, treatment, and rehabilitation. They must take measures to combat diseases,
ensure access to healthcare facilities and information, and promote healthy lifestyles.

Article 27: The right to an adequate standard of living – Children have the right to a standard
of living that is necessary for their physical, mental, spiritual, moral, and social development.
States parties should ensure access to nutrition, clean water, sanitation, housing, and social
security.

Article 28: The right to education – Children have the right to education on the basis of equal
opportunity. States parties are obligated to make primary education compulsory and free,
promote access to secondary education and higher education, and ensure that education is
directed towards the child's full development and preparation for responsible adulthood.

Article 31: The right to play, leisure, and cultural activities – Children have the right to engage
in play, rest, leisure activities, and participate in cultural life and the arts. States parties should
promote and protect opportunities for children to enjoy these activities.

Article 32: The right to protection from economic exploitation and hazardous work –
Children have the right to be protected from economic exploitation and from performing any
work that is likely to be hazardous or to interfere with their education or be harmful to their

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health or development. States parties must set minimum wages for employment and regulate
working conditions for children.

Article 34: The right to protection from sexual exploitation and abuse – Children have the
right to be protected from all forms of sexual exploitation and abuse. States parties must take
measures to prevent and combat such acts, including legislative, administrative, social, and
educational measures.

These provisions of the CRC emphasize the importance of creating an enabling environment
that promotes children's survival, health, education, and overall development. States parties are
responsible for implementing these provisions through appropriate laws, policies, programs,
and allocation of resources to ensure the well-being and development of every child.

RIGHT TO PRIVACY AND IDENTITY

States should protect the privacy of children and ensure their right to preserve their identity,
including their name, nationality, and family relations. They should take measures to prevent
arbitrary or unlawful interference with a child's privacy and protect them from unlawful or
arbitrary deprivation of their identity.

Article 7: Right to birth registration and name - Every child has the right to be registered
immediately after birth and to have a name. States parties are obligated to ensure the
registration of every child's birth and facilitate the right to acquire a nationality.

Article 8: Preservation of identity - States parties shall respect the right of the child to preserve
his or her identity, including nationality, name, and family relations, as recognized by law,
without unlawful interference. This provision recognizes the importance of maintaining a
child's personal identity and preventing arbitrary changes to their identity.

Article 16: Right to privacy - Children have the right to privacy. States parties must ensure that
no child is subjected to arbitrary or unlawful interference with his or her privacy, family, home,
or correspondence. This provision protects children from unwarranted intrusion into their
personal and private lives.

Article 40: Right to privacy in legal proceedings - Children who are accused of breaking the
law have the right to privacy during legal proceedings. Their privacy should be respected at all
stages, including during arrest, investigation, and judicial proceedings. This provision

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recognizes the importance of protecting the privacy and dignity of children involved in legal
processes.

These provisions emphasize the importance of protecting children's right to privacy and
preserving their identity. They recognize that children have a right to personal autonomy,
respect for their private lives, and the preservation of their personal information. States parties
are responsible for ensuring that these rights are upheld and implementing measures to prevent
any unlawful interference with a child's privacy or arbitrary changes to their identity.

PROTECTION RIGHTS UNDER CONVENTION ON THE RIGHTS OF THE CHILD

The Convention on the Rights of the Child (CRC) includes several provisions that emphasize
the protection of children. These protection rights are aimed at safeguarding children from
various forms of abuse, violence, exploitation, and neglect. These provisions highlight the need
to safeguard children from all forms of abuse, violence, exploitation, neglect, and
discrimination. Here are some key provisions related to the protection rights outlined in the
CRC:

Article 19: Protection from all forms of violence – Children have the right to be protected
from all forms of physical or mental violence, injury, abuse, neglect, maltreatment, or
exploitation, including sexual abuse. States parties are obligated to take legislative,
administrative, social, and educational measures to prevent and respond to such acts.

Article 23: Right to a child with a disability – such children to enjoy a full and decent life, in
conditions that ensure dignity, promote self-reliance, and facilitate the child's active
participation in the community.

Article 35: Protection from abduction, sale, and trafficking – Children have the right to
protection from abduction, sale, and trafficking for any purpose or in any form. States parties
should take effective measures to prevent and respond to such acts, including by providing
support and assistance to victims.

Article 37: Protection from torture and deprivation of liberty – Children have the right to be
protected from torture, cruel, inhuman, or degrading treatment or punishment. States parties
must ensure that children are not subjected to torture or other cruel or degrading treatment, and

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that their deprivation of liberty is used as a measure of last resort and for the shortest
appropriate period.

Article 38: Protection from involvement in armed conflict – Children have the right to
protection in times of armed conflict. States parties must take all feasible measures to ensure
their protection, including measures to prevent recruitment and use of children in armed
conflicts.

Article 39: Rehabilitation of child victims – States parties are obligated to promote the physical
and psychological recovery and social reintegration of child victims of abuse, neglect,
exploitation, torture, or any other form of ill-treatment. They should provide appropriate
support services and programs for the recovery and reintegration of these children.

These provisions of the CRC emphasize the crucial importance of protecting children from all
forms of abuse, violence, exploitation, and neglect. States parties have the responsibility to
establish legal frameworks, implement protective measures, and provide support services to
ensure the effective protection of children's rights. The protection rights outlined in the CRC
aim to create a safe and nurturing environment for children, ensuring their well-being, dignity,
and development, and protecting them from various forms of harm and exploitation.

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 Article 22 of the Convention on the Rights of the Child

Article 22 of the Convention on the Rights of the Child (CRC) specifically addresses the rights
of refugee children. It highlights the need for special protection and assistance for children who
are seeking refugee status or who are already recognized as refugees.

“States Parties shall take appropriate measures to ensure that a child who is seeking refugee
status or who is considered a refugee in accordance with applicable international or domestic
law and procedures shall, receive appropriate protection and humanitarian assistance. States
Parties shall protect and assist such a child and to trace the parents or other members of the
family of any refugee child in order to obtain information necessary for reunification with his
or her family. In cases where no parents or other members of the family can be found, the child
shall be accorded the same protection as any other child permanently or temporarily deprived
of his or her family environment for any reason, as set forth in the present Convention.”

It recognizes the vulnerable situation of refugee children and affirms the responsibility of states
to provide them with appropriate protection and assistance. It states that regardless of whether
the child is unaccompanied or accompanied by their parents or another person, they are entitled
to enjoy the rights outlined in the CRC and other relevant international human rights or
humanitarian instruments.

The objective of Article 22 is to ensure that refugee children receive the necessary support and
protection to enjoy their rights, regardless of their legal status or the circumstances of their
displacement. It highlights the importance of international cooperation in addressing the
specific needs and vulnerabilities of refugee children.

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 CONCLUSION

The Convention on the Rights of the Child (CRC) is a significant international treaty that sets
the protection, promotion, and fulfilment of the rights of children. It recognizes children as
rights holders and places a clear emphasis on their well-being, development, and participation
in decisions that affect their lives.

The CRC encompasses a wide range of civil, political, economic, social, and cultural rights for
children. It highlights key principles such as non-discrimination, the best interests of the child,
and the right to survival, development, and participation. The convention obligates states
parties to incorporate these principles and provisions into their domestic laws and policies,
ensuring the rights of every child within their jurisdiction.

The CRC not only emphasizes the protection of children from violence, abuse, exploitation,
and neglect but also promotes their active involvement in matters that affect them. It recognizes
their right to express their views, have those views considered, and participate in decision-
making processes at various levels.

The convention establishes a monitoring mechanism through the Committee on the Rights of
the Child, which reviews states' progress in implementing children's rights and provides
guidance and recommendations. It also encourages states to submit periodic reports on their
efforts to fulfil the rights recognized in the CRC.

Overall, the CRC serves as a vital tool for promoting the rights and well-being of children
globally. By ratifying and implementing the convention, states demonstrate their commitment
to ensuring a safe, nurturing, and inclusive environment where every child can thrive and reach
their full potential. Children should be able to participate on an equal basis, without
discrimination based on their race, colour, sex, language, religion, disability, or any other
status. The CRC seeks to empower children, foster their development, and ensure that their
voices are heard and valued in decisions that affect their lives. It encourages the creation of
inclusive and democratic societies that respect and engage with children as active contributors.

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