WUNRN
THE GIRL CHILD
UN Convention on the Rights of the
Child:
Status of Ratification:
_______________________________________________________________
20th ANNIVERSARY - UN CONVENTION ON
THE RIGHTS OF THE CHILD
UN CONVENTION ON THE RIGHTS OF THE
CHILD
FREQUENTLY ASKED QUESTIONS
What is the Convention on the Rights of the Child?
The Convention on the Rights of the Child is an international treaty that
recognizes the human rights of children, defined as persons up to the age of 18
years. The Convention establishes in international law that States Parties
must ensure that all children—without discrimination in any form—benefit from
special protection measures and assistance; have access to services such as
education and health care; can develop their personalities, abilities and
talents to the fullest potential; grow up in an environment of happiness, love
and understanding; and are informed about and participate in, achieving their
rights in an accessible and active manner.
How was it decided what should go into the Convention on the Rights of
the Child?
The standards in the Convention on the Rights of the Child were negotiated
by governments, non-governmental organizations, human rights advocates,
lawyers, health specialists, social workers, educators, child development
experts and religious leaders from all over the world, over a 10-year period.
The result is a consensus document that takes into account the importance of
tradition and cultural values for the protection and harmonious development of
the child. It reflects the principal legal systems of the world and
acknowledges the specific needs of developing countries.
How does the Convention on the Rights of the Child protect children's
rights?
It constitutes a common reference against which progress in meeting human
rights standards for children can be assessed and results compared. Having
agreed to meet the standards in the Convention, governments are obliged to
bring their legislation, policy and practice into accordance with the standards
in the Convention; to transform the standards into reality for all children;
and to abstain from any action that may preclude the enjoyment of those rights
or violate them. Governments are required to report periodically to a committee
of independent experts on their progress to achieve all the rights.
How does the international community monitor and support progress on the
implementation of the Convention?
The Committee on the Rights of the Child, an internationally elected body of
independent experts that sits in
What is the new vision of the child in the Convention?
The Convention provides a universal set of standards to be adhered to by
all countries. It reflects a new vision of the child. Children are neither the
property of their parents nor are they helpless objects of charity. They are
human beings and are the subject of their own rights. The Convention offers a
vision of the child as an individual and a member of a family and a
community, with rights and responsibilities appropriate to his or her age and
stage of development. Recognizing children's rights in this way firmly sets a
focus on the whole child. Previously seen as negotiable, the child's needs have
become legally binding rights. No longer the passive recipient of benefits, the
child has become the subject or holder of rights.
How is the Convention special?
The Convention:
- Is
in force in virtually the entire community of nations, thus providing a
common ethical and legal framework to develop an agenda for children. At
the same time, it constitutes a common reference against which progress
may be assessed.
- Was
the first time a formal commitment was made to ensure the realization of
human rights and monitor progress on the situation of children.
- Indicates
that children's rights are human rights. Children's rights are not special
rights, but rather the fundamental rights inherent to the human dignity of
all people, including children. Children's rights can no longer be
perceived as an option, as a question of favour or kindness to children or
as an expression of charity. They generate obligations and
responsibilities that we all must honour and respect.
- Was
even accepted by non-state entities. The Sudan People's Liberation Army
(SPLA), a rebel movement in
- Is
a reference for many organizations working with and for children—including
NGOs and organizations within the UN system.
- Reaffirms
that all rights are important and essential for the full development of
the child and that addressing each and every child is important.
- Reaffirms
the notion of State accountability for the realization of human rights and
the values of transparency and public scrutiny that are associated with
it.
- Promotes
an international system of solidarity designed to achieve the realization
of children's rights. Using the Convention's reporting process as a
reference, donor countries are required to provide assistance in areas
where particular needs have been identified; recipient countries are
required to direct overseas development assistance (ODA) to that end too.
- Highlights
and defends the family's role in children's lives.
How does the Convention on the Rights of the Child define a child?
The Convention defines a "child" as a person below the age of 18,
unless the relevant laws recognize an earlier age of majority. In some cases,
States are obliged to be consistent in defining benchmark ages—such as the age
for admission into employment and completion of compulsory education; but in
other cases the Convention is unequivocal in setting an upper limit—such as
prohibiting life imprisonment or capital punishment for those under 18 years of
age.
How many countries have ratified the Convention on the Rights of the
Child?
More countries have ratified the Convention than any other human rights
treaty in history—192 countries had become State Parties to the Convention as
of November 2005.
Who has not ratified the Convention on the Rights of the Child and why?
The Convention on the Rights of the Child is the most widely and rapidly
ratified human rights treaty in history. Only two countries,
As in many other nations, the
How does UNICEF use the Convention on the Rights of the Child?
The Secretary-General of the United Nations has called for the
mainstreaming of human rights in all areas of UN operations—for example, the
Office of the United Nations High Commissioner for Refugees (UNHCR) in its
mandate for refugee children, or the International Labour Organization (ILO) in
its commitment to eliminate child labour. In the case of UNICEF, the Convention
has become more than just a reference, but a systematic guide to the work of
the organization. As expressed in its Mission Statement, UNICEF is mandated to
"advocate for the protection of children's rights" and it
"strives to establish children's rights as enduring ethical principles and
international standards of behaviour towards children." UNICEF promotes
the principles and provisions of the Convention and the mainstreaming of
children's rights in a systematic manner, in its advocacy, programming,
monitoring and evaluation activities.
The Convention on the Rights of the Child provides UNICEF with guidance as to the areas to be assessed and addressed, and it is a tool against which UNICEF measures the progress achieved in those areas. Integrating a human rights approach in all UNICEF's work is an ongoing learning process that includes broadening the framework for UNICEF's development agenda. In addition to maintaining a focus on child survival and development, UNICEF must consider the situation of all children, better analyse the economic and social environment, develop partnerships to strengthen the response (including the participation of children themselves), support interventions on the basis of non-discrimination and act in the best interests of the child.
What steps do the Convention on the Rights of the Child and the Committee
on the Rights of the Child encourage governments to undertake?
Through its reviews of country reports, the Committee urges all levels of
government to use the Convention as a guide in policy-making and implementation
to:
- Develop
a comprehensive national agenda for children.
- Develop
permanent bodies or mechanisms to promote coordination, monitoring and
evaluation of activities throughout all sectors of government.
- Ensure
that all legislation is fully compatible with the Convention.
- Make
children visible in policy development processes throughout government by
introducing child impact assessments.
- Carry
out adequate budget analysis to determine the portion of public funds
spent on children and to ensure that these resources are being used
effectively.
- Ensure
that sufficient data are collected and used to improve the plight of all
children in each jurisdiction.
- Raise
awareness and disseminate information on the Convention by providing
training to all those involved in government policy-making and working
with or for children.
- Involve
civil society—including children themselves—in the process of implementing
and raising awareness of child rights.
- Set
up independent statutory offices—ombudspersons, commissions and other
institutions—to promote children's rights.
In addition to support of country programmes, how does UNICEF assist
governments in promoting children's rights?
UNICEF's work involves advocacy, cooperation and technical assistance.
- UNICEF
undertakes advocacy—through publications, awareness campaigns and
participation in major international conferences and in public
statements—and works with those responsible for the development and
implementation of legislation and public policy.
- UNICEF
cooperates with both donor governments and governments in the developing
world. UNICEF-assisted programmes seek to ensure the social and economic
rights of children by delivering essential services such as health and
education and improving access to good nutrition and to care. UNICEF also
focuses attention on national budget spending, encouraging governments to
allocate 20 per cent of budgets to basic services. Further, UNICEF
supports efforts to redress inequitable practices and discrimination, which
are direct and underlying causes of children's and women's deprivation.
- UNICEF
cooperates with other international organizations—particularly those
within the UN system, as the United Nations Development Assistance
Framework (UNDAF) process illustrates—and international financial
institutions.
- UNICEF
works to build partnerships with civil society organizations, involving
children, families and other members of communities.
- UNICEF
provides technical support and assistance to the Committee on the Rights of
the Child.
- UNICEF
focuses on sustainable results and encourages ongoing monitoring and
evaluation of programmes.
What are some of the areas in which the Convention on the Rights of
the Child has been most effective?
The Convention has inspired a process of national implementation and social
change in all regions of the world, including:
- Incorporating
human rights principles into legislation;
- Establishing
interdepartmental and multidisciplinary bodies.
- Developing
national agendas for children;
- Widening
partnerships for children;
- Promoting
ombudspersons for children or commissioners for children's rights.
- Assessing
the impact of measures on children;
- Restructuring
of budgetary allocations;
- Targeting
child survival and development;
- Implementing
the principle of non-discrimination;
- Listening
to children's voices; and
- Developing
justice systems for children.
These examples are merely a sampling and are not exhaustive.
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