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The concept of child rights has evolved considerably over the past century, and the growing concern for the plight of children is reflected in a number of international documents and events.
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Some milestones in the history of child rights are: |
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The adoption in 1919 by the first International Labor Assembly of the Convention on the Minimum Age of Entrance to Employment. |
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The Geneva Declaration of the Rights of the Child adopted by the League of Nations in 1924. |
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UNICEF was constituted in 1946 to help provide emergency aid to child victims of the Second World War. |
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On November 20, 1953 the first Universal Children’s Day was celebrated. It has since become an annual event highlighting children’s issues. |
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On November 20, 1959 the United Nations adopted the Declaration of the Rights of the Child. |
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The UN General Assembly declared 1979 the International Year of the Child. Poland initiated a proposal for a Convention on the Rights of the Child, as it was felt that the Declaration of the Rights of the Child was not sufficient to protect children’s rights, as it was not binding on governments. |
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In 1989 the final text of the Convention was submitted to the UN General Assembly and was adopted the same year. |
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On September 2, 1990 the Convention on the Rights of the Child came into force after receiving the required 20 ratifications. |
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On September 30, 1990, 71 Heads of States and Governments met at the UN Headquarters for the World Summit on Children and adopted the Summit Declaration and Plan of Action for the Survival, Protection and Development of Children. |
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On May 8 to 10, 2002, world leaders met at the UN General Assembly Special Session on Children (UNGASS) to review the progress over the last decade as presented in the Secretary-General’s report, “We the Children: Meeting the Promises of the World Summit for Children”. |
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The outcome document of the United Nations Special Session on Children, “A World Fit for Children”, presents the roadmap for the next decade. |
Standards Set by the Convention on the Rights of the Child
The Convention on the Rights of the Child (UN CRC), described as a “Magna Carta” for children, is the most widely ratified treaty in the world, confirming that there are certain basic ideals that are universally accepted despite cultural and religious variations. Its 54 Articles detail the individual rights of any person under 18 years of age to develop to his or her full potential, free from discrimination, hunger and want, neglect, exploitation, or other abuses. The UN CRC’s definition of a child removed the ambiguities in international law in this regard. Furthermore, Article 3 of the CRC, characterized as the umbrella provision of the Convention, calls for the “best interests” of the child to be the primary consideration in all actions concerning children. This is a valuable and significant extension of the “best interests” principle that previously applied mostly to divorce and custody matters, and provides guidance in cases where there are conflicts between different rights.
Salient Features of the Convention
The UN CRC’s substantive Articles covering the rights of children can broadly be grouped under the following four headings:
Survival: These Articles deal with subjects such as child’s right to life, right to be cared for by parents, right to healthcare services, obligation of the State to diminish infant and child mortality, to combat diseases and malnutrition and develop preventive healthcare.
Development: These Articles cover subjects like the right of the child to adequate nutrition, basic education, freedom of expression, right to information, conscience religion, association and peaceful assembly, right to privacy and protection of honor and reputation, and the State’s obligation to provide social programs and recreation for children.
Protection: These Articles deal with subjects such as a child’s right to a name and nationality, to be shielded from physical, mental and sexual abuse, right of non-involvement in warfare, protection from torture and all other forms of child exploitation, right not to be separated from parents and to maintain contacts with separated parents, and safeguards against arrest and detention
Participation: Articles dealing with participation call on nations to take into account the evolving needs of children as they mature. Participation rights thus refer to traditional civil rights based on the right to express one’s views, to be heard and to participate in decision making that impacts ones life.
Ratification, Implementation and Reporting Procedures
Ratification of a convention is a declaration by a nation that it is willing to be bound by its provisions and answerable to the international community if it fails to comply with them. The process usually involves the acceptance by parliaments and governments, which must draft or modify national laws to conform to the provisions of the convention.
The implementation provisions of the UN CRC define how compliance with it will be monitored and the conditions under which it will come into force. Following ratification, reports on the measures adopted by governments to give effect to the rights recognized in the Convention are to be submitted by State Parties within two years of entry into force, and thereafter every five years.UN Convention on the Rights of the Child
The UN CRC envisages the establishment of a Committee of 18 experts elected by the countries that ratify it, which reviews the national reports, asks for more information as needed and informs the UN General Assembly every two years on the status of compliance.
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