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Foundation module 2Child rights-based approaches

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Section 1

Introduction to rights

Section 2

The CRC

Section 3

Child rights-based approaches

Section 4

Child rights monitoring

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Section 1

Introduction to rights

Key learning points

●All people have basic rights to which they are entitled without discrimination.

●Human rights have been given legal status through the adoption of a series

of treaties and other international instruments.

●The relationship between duty bearers and rights holders is a key element of

rights-based approaches.

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Investing time in understanding what a right is helps distinguish rights from needs.

It’s not rights or needs, it’s

rights = needs + obligation + accountability

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Rights as a relationship

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Section 2

The UN convention on the rights of the child (CRC)

Key learning points

●The CRC and its optional protocols offer the highest standards of protection

and assistance for children of any international instrument.

●The CRC is based on the following general principles

- non-discrimination

- the best interests of the child

- the right to life, survival and development

- the right to be heard.

●The CRC offers potential for the protection of children in emergencies

because of its near universal acceptance and non-discrimination principle.

●In addition to the CRC, many other legal instruments guarantee children’s

rights in development and emergency contexts.

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CRC guiding principles

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 CRC

Article 2

Non-discrimination 

States parties shall respect and ensure the rights set forth in the present

Convention to each child within their jurisdiction without discrimination of any

kind, irrespective of the child’s or his or her parent’s or legal guardian’s race,

colour, sex, language, religion, political or other opinion, national, ethnic or

social origin, property, disability, birth or other status.

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CRC

Article 3

Best interests of the child

In all actions concerning children, whether undertaken by public or private

social welfare institutions, courts of law, administrative authorities or legislative

bodies, the best interests of the child shall be a primary consideration.

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CRC

Article 6

Right to life, survival and development

States parties recognise that every child has the inherent right to life, and,

shall ensure to the maximum extent possible the survival and development

of the child.

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CRC

Article 12

Participation (the right to be heard)

States parties shall assure to the child who is capable of forming his or her own

views the right to express those views freely in all matters affecting the child,

the views of the child being given due weight in accordance with the age and

maturity of the child.

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Key child protection articles in the CRC

Articles:

●9 Family separation.

●10 Family reunification across borders.

●11 Illicit transfer of children.

●16 Right to privacy, honour and reputation.

●19 Protection from violence, injury, abuse, neglect, maltreatment

or exploitation.

●20 Alternative care.

●21 Adoption.

●22 Refugee children.

●23 Children with disabilities.

●24 Harmful practices.

●25 Periodic review of alternative care.

(Continued)

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●32 Economic exploitation.

●34 Sexual abuse and exploitation.

●35 Abduction, sale or trafficking of children.

●36 Other forms of exploitation.

●37 Juvenile justice and protection from torture or other cruel, inhuman or

degrading treatment or punishment.

●38 Protection in armed conflict.

●39 Recovery and reintegration.

●40 Children in conflict with the law.

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Section 3

Child rights-based approaches

Key learning points

●Child rights-based approaches use the CRC as a starting point, particularly its

four general principles, with the aim of securing long-term, measurable

impact on children’s lives.

●Child rights-based approaches can and should be applied in emergency

settings.

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Section 4

Child rights monitoring

Key learning points

●State parties to the CRC are obligated to report on progress they’ve made

towards its implementation, which can provide useful material for advocacy

or situation analysis for those countries under review.

●Reporting to the committee provides NGOs a unique opportunity to bring

concerns about the status of children to the international legal body

responsible for monitoring the implementation of the convention.

●The UN Security Council responds to grave violations of children’s rights in

armed conflict situations.