CONVENTION ON THE RIGHTS OF A CHILD (CRC)
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The Convention on the Rights of the Child (CRC) defines a child as every person under
the age of 18 years.
Therefore, Children’s Rights are those rights enjoyed by persons below the age of 18.
These rights are derived from the Universal Declaration of Human Rights (UDHR) from
which all other human rights treaties are derived.
REASONS FOR A SEPARATE HUMAN RIGHTS INSTRUMENT FOR CHILDREN
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Children experience discrimination and need a specialized instrument to protect their
rights.
Children are individuals with equal status as adults. Governments have a moral duty to
acknowledge the rights of children as individual citizens at all levels.
The highest level of development of a country can only realised with the full and healthy
participation if children.
Children are more affected by government’s action and policies than any other group and
are among the heaviest users of public services like education, health e.t.c.
Children become independent only with the help of adults. The dependence on adults
makes children particularly vulnerable.
Children have limited access to complaints mechanisms, the legal systems and courts to
protect their rights.
Children are more vulnerable to exploitation and abuse because of their physical,
emotional and psychological immaturity and their dependence on adults.
Children generally do not have the franchise hence not taking part in the political
processes and being at the mercy of whoever is elected as a leader.
Children are a safeguard of the human race without whom the human race will become
extinct.
The cost of failing to protect children is high. Governments are fully aware from research
as to what happens to children in their early formative years within and outside the
family.
Children are individuals with equal status as adults and are not possessions of parents,
products of the state or are they people in the making. Governments have a moral duty to
acknowledge the human rights of children.
Steps taken to come up with the Convention on the Rights of the Child.
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Before the Convention on the Rights of the Child was put in place, there were a
number of attempts in order to finally come up with a comprehensive instrument for
the children.
One of the earliest campaigners for children’s rights is the founder of Save the
Children Alliance, Eglantyne Jebb, an English woman who after serving in the
Balkan war returned home and founded the Save the Children Alliance in order to
protect children.
History of earlier attempts to come up with specific human rights instrument for children.
Year
1924
1946
1959
1961
1965
1979
1980
1986
1989
1990
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Event
The five-point Declaration of the Rights of the Child. The declaration was adopted
by the League of Nations
The United Nations General Assembly creates the United Nations Children’s Fund
(UNICEF). It was created as a universal for children
The Ten point Declaration of the Rights of the Child. The declaration by the United
Nations General Assembly contained ten main principles
A resolution by the United Nations General Assembly based on the 1959
Declaration broadens UNICEF S’ field of operation.
Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and
Cooperation in Respect of Parental Responsibility and Measures for the Protection
of Children.
The United Nations General Assembly proclaims the International Year of the
Child (IYC) to celebrate the 20th anniversary of the Declaration of the Rights of the
Child. The IYC was intended to encourage the implementation of the 1959
Declaration.
Hague Convention on civil aspects of International Child Adoption.
United Nations Declaration on Social and Legal Principles relating to the protection
and welfare of children, with special reference to foster placement and national and
international adoption.
Adoption by the United Nations General Assembly in New York on 20the
November of the United Nations Convention on the Rights of the Child.
The Convention, which is a legal instrument enters into force after ratification by
20 states.
The Convention on the Rights of the Child was opened for signature on 20thth November
1989. Zambia ratified it on 6th December 1991.
The CRC is the most widely ratified human rights treaty. There are 196 State Parties.
Only the United States of America and Somalia are not member states.
THE FOUR (4) PRINCIPLES OF THE UNITED NATIONS ON THE RIGHTS OF THE
CHILD (UNCRC)
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The United Nations Convention on the Rights of the Child was adopted by the United
Nations on 20th November, 1989 and entered into force in 1990 and it is based on the
following principles:-
i.
Non-Discrimination: No child should be treated unfairly on any basis such as; their
language, their parents being poor or rich, race, religion or abilities.
ii.
The best interest of the child: All adults should do what is best for children. The best
interest of the child should be the primary concern when making decisions by the
parents/guardians, the government and the entire community at large.
iii.
Survival and Development: Children have the right to live. Therefore, government
should ensure that children survive and develop healthily. For the children to develop,
they need education, play and leisure, access to information among others.
iv.
Participation: The Convention encourages adults to involve children in the making of
decisions that affect them. However, this does not mean giving children authority over
adults, but giving them room to contribute according to their ability.
THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE RIGHTS OF
THE CHILD (UNCRC) AND THE TWO (2) OPTIONAL PROTOCOLS.
The UNCRC is composed of 54 articles/provisions with two (2) Optional Protocols. The
following are some of the provisions: -
1. CIVIL RIGHTS AND FREEDOMS
- These are rights that have to do with being a citizen and include political, social, legal
rights and equality.
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The right to have a name and nationality. Every child is entitled to a name, nationality
and has the right to know her/his parents and to be cared for by the parents
Children have the right to an identity or an official record of who they are.
Preservation of identity: it id the duty of any government to assist any child whose
identity ha been unlawfully taken away to get it back.
Freedom of thought, conscience and religion: Children are free to think and believe
what they want and to practice their religion. However, parents have a duty to guide their
children in these matters.
Right to Privacy, Honour, Reputation: This right is for the protection of children’s
rights to privacy, family, home, unlawful attacks on his or her honour and reputation.
Access to Information and Media: this right allows a child to have access to
information and materials from a variety of national and international sources especially
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those aimed at promotion of his/her social, spiritual and moral well being and physical
and mental health.
Torture, Capital punishment, deprivation of liberty: this right protects a child from
torture, cruel treatment or punishment, unlawful arrest or deprivation of liberty. It further
protects the child from being sentenced to death or life imprisonment.
2. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
The rights under this cluster deals with family environment and alternative care for those
children who are unable to be looked after by their own parents for various reasons.
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Parents, family, community rights and responsibilities: the provision requires the
government to respect rights and responsibilities of parents and extended family to
provide guidance for the child which is appropriate to his/her evolving capacity.
Evolving capacity- is the maturing process that children go through in reaching
adulthood.
Non-Separation from parents: This right ensures that if the child is separated from his
or her parents, he or she has the right to keep contact with his or her parents.
Family reunification: this allows the child to keep regular contacts with the parents if
they live in different countries or places.
Illicit transfer and non-return of children: the government shall take measures to
combat the illicit and illegal transfer and non-return of children abroad.
Paragraphs 1 and 2: parental responsibility. This right gives both parents joint
primary responsibilities for bringing up their children and should consider what is best
for each child.
Abuse and neglect while in family care: Governments have the duty to make laws and
provide social and educational measures to protect the child from all forms of physical
and mental violence, abuse, neglect while in the care of parents or any other person.
Adoption: this recognizes that children have the right to care and protection if they are
adopted or under care.
Review of Treatment in Care: Children who are looked after in institutions of care,
rather than their parents, have the right to have these living arrangements reviewed
regularly to see if they are the most appropriate.
Paragraph 4: Standard of living. This right places duty on the government to take steps
to recover unpaid maintenance for the child from parents or others who are required to
support the child financially.
Recovery and reintegration: the government has the duty to reduce and reunite child
victims of exploitation, torture or armed conflicts back into their communities.
3. BASIC HEALTH AND WELFARE
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The rights under this group or cluster are meant to promote the health and welfare of the
child.
Welfare is the situation of having good health and comfortable living.
Paragraph 3: Parental responsibility: this right requires governments to have the
responsibility of taking all appropriate measures to ensure that children of working
parents have the right to benefit from child care services and facilities for which they are
eligible.
Social security: Governments shall recognize for every child the right to benefit from
social security, including insurance.
The right to Health and Health Services: Children have the right to good quality health
care; safe drinking water, nutritious food, clean and safe environment.
Children with disabilities: This right provides that a disable child has the right to special
care, education and training to help him or her full and decent life
4. EDUCATION, LEISURE AND CULTURAL ACTIVITIES:
The rights under this cluster cover education, recreation and cultural activities.
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Right to Education: All children have the right to a Primary Education which should be
free. The School environment should be conducive for learning in a free and friendly
atmosphere.
The right to play and recreation: Environments should recognize the right of the child
to rest and leisure, to engage in play and recreational activities appropriate to the age of
the child and to participate freely in cultural life and arts.
5. SPECIAL PROTECTION MEASURES
The rights under this cluster protect the rights of children who come into conflict with the
law and from any other form of abuse and exploitation.
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Refugee children: States shall ensure that a child who is seeking refugee status or who is
considered a refugee in accordance with the law, whether accompanied or
unaccompanied by his or her parents or by any other person, shall receive suitable
protection and humanitarian assistance.
Narcotic and psychotic substances: state parties shall take all legal, administrative,
social and educational measures to protect children from illicit use, production and
trafficking of narcotic and psychotropic substances.
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Armed conflict: this provision does not allow children below the age of 18 years to be
recruited in the armed forces.
Juvenile justice: children who are accused of committing a crime have a right to be
treated with respect and dignity. They have the right to be presumed innocent until
proved guilty by the courts of law.
Protection from child labour: This is the right of the child to be protected from
economic exploitation and from performing any work that is likely to be harmful to the
child’s health or physical, mental, moral or social development.
Protection from sexual exploitation: Children should be protected from all forms of
sexual abuse example defilement.
UNCRC Optional Protocols
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The CRC first Optional Protocol on the Sale of Children, Child prostitution and
Child Pornography (CRC-OP-AC): It prohibits the sale of children, child prostitution
and child pornography.
- It came into force on 18th January, 2002.
The CRC Second Optional Protocol on the Involvement of Children in Armed
Conflicts (CRC-OP-AC): It prohibits the involvement of children in Armed Conflicts. It
ensures that persons below the age of 18 are not compulsorily recruited into Armed
Forces.
Obligations of the Government in fulfilling the Rights of the Child
1. Obligation to respect: It requires the government to stop doing anything that would
interfere with a child’s enjoyment of their rights.
2. Obligation to protect: It requires the state to prevent violations of human rights by other
people, it is done through enacting legislation that protect children. e.g Adoption Act,
Affiliation and Maintenance Act e.t.c
3. Obligation to fulfil: It includes obligations to facilitate, promote and provide. The
government takes steps to ensure the realization of human rights.