Convention on the Rights of the Child
Encyclopedia
The United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, or UNCRC) is a human rights treaty
International human rights instruments
International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general...

 setting out the civil, political, economic, social, health and cultural rights of child
Child
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...

ren. The Convention generally defines a child as any human being under the age of eighteen, unless an earlier age of majority is recognized by a country's law.

Nations that ratify this convention are bound to it by international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

. Compliance is monitored by the United Nations Committee on the Rights of the Child
Committee on the Rights of the Child
The Committee on the Rights of the Child is a body of independent experts that monitors and reports on implementation of the United Nations Convention on the Rights of the Child by governments that ratify the Convention...

 which is composed of members from countries around the world. Once a year, the Committee submits a report to the Third Committee of the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...

, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child.

Governments of countries that have ratified the Convention are required to report to, and appear before, the United Nations Committee on the Rights of the Child periodically to be examined on their progress with regards to the advancement of the implementation of the Convention and the status of child rights in their country. Their reports and the committee's written views and concerns are available on the committee's website.

The United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...

 adopted the Convention and opened it for signature on 20 November 1989 (the 30th anniversary of its Declaration of the Rights of the Child
Declaration of the Rights of the Child
The Declaration of the Rights of the Child is the name given to a series of related children's rights proclamations drafted by Save the Children founder Eglantyne Jebb in 1923....

). It came into force on 2 September 1990, after it was ratified by the required number of nations. As of November 2009, 194 countries have ratified it, including every member of the United Nations except Somalia and the United States of America. Somalia's cabinet ministers had announced plans to ratify the treaty.

Two optional protocols were adopted on 25 May 2000. The First Optional Protocol
Optional protocol on the involvement of children in armed conflict
The United Nations General Assembly adopted the Optional protocol on the involvement of children in armed conflict to the Convention on the Rights of the Child in Annex I of a resolution on 25 May 2000.The protocol came into force on 12 February 2002....

 restricts the involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of children, child prostitution
Prostitution of children
Prostitution of children or child prostitution is the commercial sexual exploitation of children in which a child performs the services of prostitution, for financial benefit. The term normally refers to prostitution by a minor, or person under the local age of majority...

 and child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...

. Both protocols have been ratified by more than 140 states.

Contents

The Convention deals with the child-specific needs and rights. It requires that states act in the best interests
Best interests
Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children. The most important of these issues concern questions that arise upon the divorce or separation of the children's parents...

 of the child. This approach is different from the common law approach found in many countries that had previously treated children as possessions or chattels, ownership of which was sometimes argued over in family disputes.

In many jurisdictions, properly implementing the Convention requires an overhaul of child custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...

 and guardianship laws, or, at the very least, a creative approach within the existing laws. The Convention acknowledges that every child has certain basic rights, including the right to life
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...

, his or her own name and identity, to be raised by his or her parent
Parent
A parent is a caretaker of the offspring in their own species. In humans, a parent is of a child . Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child...

s within a family or cultural grouping, and to have a relationship with both parents, even if they are separated
Legal separation
Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally binding consent decree...

.

The Convention obliges states to allow parents to exercise their parental responsibilities. The Convention also acknowledges that children have the right to express their opinions and to have those opinions heard and acted upon when appropriate, to be protected from abuse or exploitation
Exploitation
This article discusses the term exploitation in the meaning of using something in an unjust or cruel manner.- As unjust benefit :In political economy, economics, and sociology, exploitation involves a persistent social relationship in which certain persons are being mistreated or unfairly used for...

, and to have their privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...

 protected, and it requires that their lives not be subject to excessive interference.

The Convention also obliges signatory states to provide separate legal representation for a child in any judicial dispute concerning their care and asks that the child's viewpoint be heard in such cases. The Convention forbids capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

 for children.

In its General Comment 8 (2000) the Committee on the Rights of the Child stated that there was an "obligation of all States parties to move quickly to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children". Article 19 of the Convention states that State Parties must "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence", but it makes no reference to corporal punishment, and the Committee's interpretation on this point has been explicitly rejected by several States Party to the Convention, including Australia, Canada and the United Kingdom.

The European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

 has made reference to the Convention when interpreting the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

.

States party and signatories

As of November 2009, 194 countries have ratified, accepted, or acceded to it (some with stated reservations or interpretations) including every member of the United Nations except Somalia
Somalia
Somalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...

 and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. Somalia had announced that it would eventually do so.

Australia

Australia is member of the convention since 1990. An article in the Australian National Observer
National Observer (Australia)
The National Observer is a quarterly current-affairs and politics magazine in Australia...

in 1999 described it as having "frightening potential for the ultimate destruction of Western family values" and the Committee on the Rights of the Child as "an unelected body, which claims to be responsible only to the children of the world (and which therefore ultimately is responsible to no-one)".

Canada

Canada has ratified the Convention. Prior to ratifying the treaty, Canada's laws were either largely or entirely in conformity with the treaty. Youth criminal laws in Canada underwent major changes resulting in the Youth Criminal Justice Act
Youth Criminal Justice Act
Canada's Youth Criminal Justice Act is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences...

 (YCJA) which went into effect on 1 April 2003. The Act specifically references Canada's different commitments under the Convention.

The convention was influential in the following administrative Law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...

 decision of Baker v. Canada (Minister of Citizenship and Immigration)
Baker v. Canada (Minister of Citizenship and Immigration)
Baker v. Canada , [1999] 2 S.C.R. 817 is a leading Canadian administrative law decision of the Supreme Court of Canada. The Court provided guidance on the standard of judicial review of administrative decisions...

.

India

In India, there is no outright ban on child labor, and the practice is generally permitted in most industries except those deemed "hazardous". Although a law in October 2006 banned child labor in hotels, restaurants, and as domestic servants, there continues to be high demand for children as hired help in the home. Current estimates as to the number of child laborers in the country range from the government's conservative estimate of 12 million children under 13 years of age to the much higher estimates of children's rights activists, which hover around 60 million. Little is being done to address the problem since the economy is booming and the nuclear family is spreading, thereby increasing demand for child laborers. Under the auspices of the Unicef financed Udisha
Udisha
Udisha is the name designated by the national Government of India for an initiative aimed at quality improvement in child training. It is intended to specify the criteria to establish the necessary outline for all child-care functionaries and caregivers and to develop methods to be used to ensure...

 initiative the Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...

 is specifying the outline of a means of change and improvement in child care.

There are severe restrictions on children in India on their rights to have a relationship with both parents, when they are separated/divorced, especially when laws to protect women & children (such as Domestic Violence Act, 2006 or Sec.498A of Indian Penal Code) are abused or misused by women. The mother is provided custody by default with the child's access to the father not available or enforced in practice, even when there is a Court order to the effect. As a result, children's rights are often under-represented.

Iran

Although the Islamic Republic of Iran is a state party to the Convention on the Rights of the Child, international human rights organisations and foreign governments routinely denounce executions of Iranian child offenders as a violation of the treaty.

Ireland

The Republic of Ireland signed the Convention on the Rights of the Child on 21 October 1992 and ratified it, without reservation, on 21 September 1992. In response to criticisms expressed in the 1998 review by the UN Committee on the Rights of the Child in Geneva, the Irish government established the office of Ombudsman for Children and drew up a national children's strategy. In 2006, following concerns expressed by the committee that the wording of the Irish Constitution does not allow the State to intervene in cases of abuse other than in very exceptional cases, the Irish government undertook to amend the constitution to make a more explicit commitment to children's rights.

New Zealand

New Zealand ratified the Convention 6 April 1993 with reservations concerning the right to distinguish between persons according to the nature of their authority to be in New Zealand, the need for legislative action on economic exploitation - which it argued was adequately protected by existing law, and the provisions for the separation of juvenile offenders from adult offenders.

In 1994, the Court of Appeal dismissed the suggestion that the Minister for Immigration and his department were at liberty to ignore the convention, arguing that this would imply that the country's adherence was 'at least partly window-dressing'.

The Children's Commissioner Act 2003
Children's Commissioner Act 2003
The Children's Commissioner Act 2003 is an Act of the New Zealand Parliament. It reformed the office of the Children's Commissioner and implemented the United Nations Convention on the Rights of the Child, which is attached as schedule three of the act.Prior to the act Children's Commissioners...

 enhanced the office of Children's Commissioner, giving them significantly stronger investigative powers.

In May 2007, New Zealand passed the Crimes (Substituted Section 59) Amendment Act 2007, which removed the defence of "reasonable force" for the purpose of correction. In its third and final vote parliament votes 113 to eight in favour of the legislation.

Saudi Arabia

Saudi Arabia ratified the Convention in 1996, with a reservation 'with respect to all such articles as are in conflict with the provisions of Islamic law' and considers it to be a valid source of domestic law. The Committee on the Rights of the Child, which reviewed Saudi Arabia's treatment of children under the Convention in January 2005, strongly condemned the government for its practice of imposing the death penalty on juveniles, calling it "a serious violation of the fundamental rights". The committee said it was "deeply alarmed" over the discretionary power judges hold to treat juveniles as adults: In its 2004 report the Saudi Arabia government had stated that it "never imposes capital punishment on persons... below the age of 18". The government delegation later acknowledged that a judge could impose the death penalty whenever he decided that the convicted person had reached his or her majority, regardless of the person's actual age at the time of the crime or at the time of the scheduled execution.

United Kingdom

The United Kingdom ratified the Convention on 16 December 1991, with several declarations and reservations, and made its first report to the Committee on the Rights of the Child in January 1995. Concerns raised by the Committee included the growth in child poverty and inequality, the extent of violence towards children, the use of custody for young offenders, the low age of criminal responsibility, and the lack of opportunities for children and young people to express views. The 2002 report of the Committee expressed similar concerns, including the welfare of children in custody, unequal treatment of asylum seekers, and the negative impact of poverty on children's rights. In September 2008 the UK government decided to give up its reservations and agree to the Convention in these respects.

The 2002 report's criticism of the legal defence of 'reasonable chastisement' of children by parents, which the Committee described as 'a serious violation of the dignity of the child', was rejected by the UK Government. The Minister for Children, Young People and Families commented that while fewer parents are using smacking as a form of discipline, the majority said they would not support a ban.

In evidence to the Parliamentary Joint Committee on Human Rights
Joint Committee on Human Rights
The Joint Committee on Human Rights is a select committee of both the House of Commons and House of Lords in the Parliament of the United Kingdom...

, the Committee was criticised by the Family Education Trust for "adopting radical interpretations of the UN Convention on the Rights of the Child in its pursuit of an agenda". The Joint Committee's report recommended that "the time has come for the Government to act upon the recommendations of the UN Committee on the Rights of the Child concerning the corporal punishment of children and the incompatibility of the defence of reasonable chastisement with its obligations under the Convention." The UK Government responded that "the use of physical punishment is a matter for individual parents to decide".

United States

The United States government played an active role in the drafting of the Convention and signed it on 16 February 1995, but has not ratified it. Along with Somalia, the United States is one of only two countries in the world which have not ratified the Convention. It has been claimed that opposition to the Convention stems primarily from political and religious conservatives. For example, the Heritage Foundation
Heritage Foundation
The Heritage Foundation is a conservative American think tank based in Washington, D.C. Heritage's stated mission is to "formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong...

 sees it as threatening national control over domestic policy and the Home School Legal Defense Association
Home School Legal Defense Association
The Home School Legal Defense Association is a United States-based "nonprofit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms."...

 (HSLDA) argues that the CRC threatens homeschooling
Homeschooling
Homeschooling or homeschool is the education of children at home, typically by parents but sometimes by tutors, rather than in other formal settings of public or private school...

. President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

 has described the failure to ratify the Convention as 'embarrassing' and had promised to review this.

The US has signed and ratified both the optional protocols to the Convention.

Optional protocols

Two optional protocols were adopted by the UN General Assembly on 25 May 2000. The first, the Optional Protocol on the Involvement of Children in Armed Conflict
Optional protocol on the involvement of children in armed conflict
The United Nations General Assembly adopted the Optional protocol on the involvement of children in armed conflict to the Convention on the Rights of the Child in Annex I of a resolution on 25 May 2000.The protocol came into force on 12 February 2002....

, requires governments to ensure that children under the age of eighteen 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 eighteen years of age do not take part in hostilities. This protocol entered into force on 12 July 2002; currently, 142 states are party to the protocol and another 23 states have signed but not ratified it.

The second, the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, requires states to prohibit the sale of children, child prostitution
Prostitution of children
Prostitution of children or child prostitution is the commercial sexual exploitation of children in which a child performs the services of prostitution, for financial benefit. The term normally refers to prostitution by a minor, or person under the local age of majority...

 and child pornography
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...

. It entered into force on 18 January 2002; currently, 145 states are party to the protocol and another 22 states have signed but not ratified it.

A third optional protocol, which would allow children and/or their representatives to file individual complaints for violation of the rights of children, is being elaborated, as of 2010.

See also

  • Adultcentrism
    Adultcentrism
    Adultcentrism is the exaggerated egocentrism of adults. It is used to describe the conditions facing children and youth in schools, homes, and community settings; however, adultcentrism is not always based on a notion of being good or bad, in contrast to adultism...

  • Child advocacy
    Child advocacy
    Child advocacy refers to a range of individuals, professionals and advocacy organizations who promote the optimal development of children. An individual or organization engaging in advocacy typically seeks to protect children's rights which may be abridged or abused in a number of areas.- Rights...

  • Child custody
    Child custody
    Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...

  • Child labour
    Child labor
    Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...

  • Worst Forms of Child Labour Convention, 1999
    Worst Forms of Child Labour Convention, 1999
    The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, known in short as the Worst Forms of Child Labour Convention, was adopted by the International Labour Organization in 1999 as ILO Convention No 182. It is one of 8 ILO fundamental...

  • Child laundering
    Child laundering
    Child laundering is the stealing and selling of children to adopting parents under false pretenses. Often the adoption agency or adoption facilitator hides or falsifies the child's origin to make the child appear to be a legitimate orphan by manipulating birth certificates, intake records, or...

  • Save the Children
    Save the Children
    Save the Children is an internationally active non-governmental organization that enforces children's rights, provides relief and helps support children in developing countries...

  • Children's rights movement
    Children's rights movement
    The Children's Rights Movement is a historical and modern movement committed to the acknowledgment, expansion, and/or regression of the rights of children around the world...

  • Committee on the Rights of the Child
    Committee on the Rights of the Child
    The Committee on the Rights of the Child is a body of independent experts that monitors and reports on implementation of the United Nations Convention on the Rights of the Child by governments that ratify the Convention...

  • Corporal punishment
    Corporal punishment
    Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...

  • CRY America
    CRY America
    Child Rights and You America is an independent, non-religious, non-political, 501 registered non-profit organization in the United States. It works to restore basic rights to underprivileged children, especially from India. It is affiliated with Child Rights and You, a non-profit organization in...

  • Declaration of the Rights of the Child
    Declaration of the Rights of the Child
    The Declaration of the Rights of the Child is the name given to a series of related children's rights proclamations drafted by Save the Children founder Eglantyne Jebb in 1923....

  • Evolving capacities
    Evolving capacities
    Evolving capacities is the concept in which education, child development and youth development programs led by adults takes into account the capacities of the child or youth to exercise rights on his or her own behalf...

  • Intergenerational equity
    Intergenerational equity
    Intergenerational equity in economic, psychological, and sociological contexts, is the concept or idea of fairness or justice in relationships between children, youth, adults and seniors, particularly in terms of treatment and interactions. It has been studied in environmental and sociological...

  • International child abduction
    International child abduction
    The term international child abduction is generally synonymous with international parental kidnapping, child snatching, and child stealing. However, the more precise legal usage of international child abduction originates in private international law and refers to the illegal removal of children...

  • International Play Association
    International Play Association
    The International Play Association is an international, non-governmental organization founded in Scandinavia in 1961.Its purpose is to protect, preserve and promote children's right to play as a fundamental human right, according to the Article 31 of the United Nations Convention on the Rights of...

  • Student voice
    Student voice
    Student voice describes the distinct perspectives and actions of young people throughout schools focused on education."Student voice is giving students the ability to influence learning to include policies, programs, contexts and principles."...

  • Youth voice
    Youth voice
    Youth voice refers to the distinct ideas, opinions, attitudes, knowledge, and actions of young people as a collective body. The term youth voice often groups together a diversity of perspectives and experiences, regardless of backgrounds, identities, and cultural differences...

  • UNICEF

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK