First Call for Children

Chapter 5 Becoming a Professional TeacherLesson 10

Reported by:Azuelo, Ida Lyn A.

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.

Adopted by the General Assembly on the United Nations on 20 November 1989

CONVENTION ON THE RIGHTS OF THE CHILD

CONVENTION ON THE RIGHTS OF THE CHILD

Signed 20 November 1989Location New YorkEffective 2 September 1990Condition 20 ratificationsSignatories 140Parties 193 (all United Nations member

states, as well as the Cook Islands, Holy See and Niue, except Somalia, South Sudan and the United States)

Depositary UN Secretary-GeneralLanguages Arabic, Chinese, English, French,

Russian and Spanish

Javier Pérez de CuéllarJanuary 1, 1982 – December 31, 1991

Ban Ki-moonsince 1 January 2007

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, or UNCRC) is an international human rights treaty that grants all children and young people (aged 17 and under) a comprehensive set of rights. • The United Nations Convention on the

Rights of the Child (UNCRC) was drafted over the course of 10 years between 1979 and 1989.

The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not.

The leaders also wanted to make sure that the world recognized that children have human rights too.

All United Nations member states, except for the United States and Somalia, have ratified the convention.

What does the Convention Do?

Promote a philosophy of respect for childrenRecognizes children as subjects of legal rights

Challenges traditional views of children as passive recipients of care and protection

Insists that children are entitled to have their needs met and thereby imposes obligation on adults

The Convention Requires that Governments

Implement the Convention’s rights without discrimination for all children

Make the Convention widely known to both children and adults

Report regularly to the Committee on the Rights of the Child

The rights set out in the Convention can be broadly grouped in three sections:

Provision: the right to possess, receive or have access to certain things or services (e.g. a name and a nationality, health care, education, rest and play and care for disabled and orphans).

Protection: the right to be shielded from harmful acts and practices (e.g. separation from parents, engagement in warfare, commercial or sexual exploitation and physical and mental abuse).

Participation: The child's right to be heard on decisions affecting his or her life. As abilities progress, the child should have increasing opportunities to take part in the activities of society, as a preparation for adult life (e.g. freedom of speech and opinion, culture, religion and language.

How does the UN Convention on the Rights of the Child (UNCRC)

define a child?

Article 1 of the UN Convention on the Rights of the Child (UNCRC) defines a child as a person under 18 years of age. The UNCRC also identifies the child as a recipient of adult care and concern.

Preamble

Article 1: Definition of the childEvery human being below 18 years unless

majority is attained earlier according to the law applicable to the child.

Article 2: Non discriminationAll rights must be granted to each child without

exception. The State must protect the child without exception. The State must protect the

child against all forms of discriminations.

Article 3: Best interests of the childIn all actions concerning children, the best

interest of the child shall be the major consideration.

Article 4: Implementation of rightsThe obligation on the State to ensure that the

rights in the Convention are implemented.

Article 5: Parents, family, community rights and responsibilities

States are to respect the parents and family in their child rearing function.

Article 6: Life, survival and developmentThe right of the child to life and the state's obligation to ensure the child's survival and

development.

Article 7: Name and nationalityThe right from birth to a name, to acquire a

nationality and to know and be cared for by his or her parents.

Article 8: Preservation of identityThe obligation of the State to assist the child in reestablishing identity if this has been illegally

withdrawn.

Article 9: Non-separation from parentsThe right of the child to retain contact with his parents in cases of separation. If separation is

the result of detention, imprisonment or death the State shall provide the information to the child or parents about the whereabouts of the

missing family member.

Article 10: Family reunificationRequests to leave or enter country for family reunification shall be dealt with in a human

manner. A child has the right to maintain regular contacts with both parents when these

live in different States.

Article 11: Illicit transfer and non-return of children

The State shall combat child kidnapping by a partner or third party.

Article 12: Expression of opinionThe right of the child to express his or her

opinion and to have this taken into consideration.

Article 13: Freedom of expression and information

The right to seek, receive and impart information in various forms, including art,

print, writing.

Article 14: Freedom of thought, conscience and religion

States are to be respect the rights and duties of parents to provide direction to the child in the

exercise of this right in accordance with the child's evolving capacities.

Article 15: Freedom of associationThe child's right to freedom of association and

peaceful assembly.

Article 16: Privacy, honour, reputationNo child shall be subjected to interference with

privacy, family, home or correspondence.

Article 17: Access to information and mediaThe child shall have access to information from

a diversity of sources; due attention shall be paid to minorities and guidelines to protect

children from harmful material shall be encouraged.

Article 18: Parental responsibilityBoth parents have common responsibilities for the upbringing of the child and assistance shall

be given to them in the performance of the parental responsibilities.

Article 19: Abuse and neglect (while in family or care)

States have the obligation to protect children from all forms of abuse. Social programmes

and support services shall be made available.

Article 20: Alternative care for children in the absence of parents

The entitlement of the child to alternative care with national laws and the obligation on the State to pay due regard to continuity in the child's religious, cultural, linguistic or ethnic

background in the provision of alternative care.

Article 21: AdoptionStates are to ensure that only authorized bodies carry out adoption. Inter-country adoption may be considered if national

solutions have been exhausted.

Article 22: Refugee childrenSpecial protection is to be given to refugee

children.States shall cooperate with international agencies to this end and also to reunite

children separated from the families.

Article 23: Disabled childrenThe right to benefit from special care and

education for a fuller life in society.

Article 24: Health careAccess to preventive and curative health care

services as well as the gradual abolition of traditional practices harmful to the child.

Article 25: Periodic reviewThe child who is placed for care, protection or treatment has the right to have the placement

reviewed on a regular basis.

Article 26: Social securityThe child's right to social security

Article 27: Standard of livingParental responsibility to provide adequate

living conditions for the child's development even when one of the parents is living in a

country other than the child's place of residence.

Article 28: EducationThe right to free primary education, the

availability of vocational educating, and the need for measures to reduce the drop-out

rates.

Article 29: Aims of educationEducation should foster the development of

the child's personality and talents, preparation for a responsible adult life, respect for human

rights as well as the cultural and national values of the child's country and that of others.

Article 30: Children of minorities and indigenous children

The right of the child belonging to a minority or indigenous group to enjoy his or her culture, to

practice his or her own language.

Article 31: Play and recreationThe right of the child to play, recreational activities and to participate in cultural and

artistic life.

Article 32: Economic exploitationThe right of the child to protection against

harmful forms of work and against exploitation.

Article 33: Narcotic and psychotic substancesProtection of the child from their illicit use and the utilization of the child in their production

and distributionArticle 34: Sexual exploitation

Protection of the child from sexual exploitation including prostitution and the use of children in

pornographic materials.

Article 35: Abduction, sale and trafficState obligation to prevent the abduction, sale

of or traffic in children.

Article 36: Other forms of exploitation

Article 37: Torture, capital punishment, deprivation of liberty

Obligation of the State vis-a-vis children in detention.

Article 38: Armed conflictsChildren under 15 years are not to take a direct

part in hostilities. No recruitment of children under 15.

Article 39: Recovery and reintegrationState obligations for the reeducation and social

reintegration of child victims of exploitation, torture or armed conflicts.

Article 40: Juvenile justiceTreatment of child accused of infringing the penal law shall promote the child's sense of

dignity.

Article 41: Rights of the child in other instruments

PART IIArticle 42: Dissemination of the Convention

The state's duty to make the convention known to adults and children.

Article 43-54: ImplementationThese paragraphs provide for a Committee on

the Rights of the Child to oversee implementation of the Convention.

UNICEF’s mission is to advocate for the protection of children’s rights, to help meet their basic needs and to expand their opportunities to reach their full potential. UNICEF is guided in doing this by the provisions and principles of the Convention on the Rights of the Child.

United Nations Children's Fund

Commonly Asked Questions about the Convention

Q1: What happens if governments violate children’s rights?

Answers:Violations continue in every country in the world.

There are no real sanctions established by the Convention for these violations.

The tools for change include dialogue, international pressure and exposure, enhanced understanding of

children’s rights and means of protecting them.

Q2: Can children have rights without responsibilities?Answers:

Rights are not contingent on the exercise of responsibilities.

Social, economic and protection rights are unconditional.

Civil and political rights carry reciprocal responsibilities but are not predicated on the exercise of those

responsibilities.Children learn to respect the rights of others through

respect for their own rights.The Convention recognizes children’s evolving capacity

to exercise rights as they grow older.

Q3: Is the Convention anti-family or anti-parent?Answers:

The preamble of the Convention, as well as many of its articles emphasize that growing up within a caring family

environment is crucial to children’s healthy development. The Convention recognizes parental rights and

responsibilities to provide direction and guidance to their children.

Parental rights and responsibilities exist in order to protect and promote children’s rights.

The Convention promotes a culture of respect for children in families through listening to them and taking them seriously.

The Convention does not diminish or undermine the role of parents, but it does imply a more open democratic approach

to child rearing.

Key Points1. The Convention on the Rights of the Child

defines the full range of children’s needs and provides a practical framework for addressing these needs in an integrated and holistic way, by fulfilling their rights.

2. It poses a challenge to traditional approaches to children that view them as incompetent, passive objects of adult protective care. Instead, it acknowledges children as both capable and entitled to active participation in decisions that affect their lives.

3. It is legally binding on all countries that have ratified it. Governments are required under international law to take all necessary measures to implement its provisions. It provides a universal set of standards against which to measure and improve the treatment of children.

4. There are no formal sanctions that can be brought against governments for failing to comply with its provisions or the process of reporting to the Committee on the Rights of the Child.

5. It is nevertheless an invaluable mechanism for monitoring how a government is complying with extending rights to children.

6. Full implementation of the rights contained in the Convention would herald a fundamental change in the status of children in all societies in the world and ensure their optimal health and development and fulfillment of potential.

First Call for Children

Chapter 5 Becoming a Professional TeacherLesson 10

Reported by:Azuelo, Ida Lyn A.