CONVENTION ON THE RIGHTS OF THE CHILD – WHAT IS THE CONVENTION AND WHAT NEEDS TO HAPPEN?

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CONVENTION ON THE RIGHTS OF THE CHILD – WHAT IS THE CONVENTION AND WHAT NEEDS TO HAPPEN?

First Written in 2018  by Sharon Orekyeh Esq ACI Arb (UK) MIPMA

WHAT IS THE CONVENTION ON THE RIGHTS OF THE CHILD?

In 1989 something incredible happened. Against the backdrop of a changing world order world leaders came together and made a historic commitment to the world’s children. They made a promise to every child to protect and fulfil their rights, by adopting an international legal framework – the United Nations Convention on the Rights of the Child. 

Contained in this treaty is a profound idea: that children are not just objects who belong to their parents and for whom decisions are made, or adults in training. Rather, they are human beings and individuals with their own rights. The Convention says childhood is separate from adulthood, and lasts until 18; it is a special, protected time, in which children must be allowed to grow, learn, play, develop and flourish with dignity. The Convention went on to become the most widely ratified human rights treaty in history and has helped transform children’s lives. 


WHAT HAS THE CONVENTION ACHIEVED?

The Convention is the most widely ratified human rights treaty in history. It has inspired governments to change laws and policies and make investments so that more children finally get the health care and nutrition they need to survive and develop, and there are stronger safeguards in place to protect children from violence and exploitation. It has also enabled more children to have their voices heard and participate in their societies. 

CHILDHOOD TODAY: NEW THREATS, NEW OPPORTUNITIES

Despite this progress, the Convention is still not fully implemented or widely known and understood. Millions of children continue to suffer violations of their rights when they are denied adequate health care, nutrition, education and protection from violence. Childhoods continue to be cut short when children are forced to leave school, do hazardous work, get married, fight in wars or are locked up in adult prisons.

And global changes, like the rise of digital technology, environmental change, prolonged conflict and mass migration are completely changing childhood. Today’s children face new threats to their rights, but they also have new opportunities to realize their rights.


WHAT NEEDS TO HAPPEN

The hope, vision and commitment of world leaders in 1989 led to the Convention. It is up to today’s generation to demand that world leaders from government, business and communities end child rights violations now, once and for all. They must commit to action to make sure every child, has every right. In the industrialized countries of the early twentieth century, there were no standards of protection for children. It was common for them to work alongside adults in unsanitary and unsafe conditions. Growing recognition of the injustices of their situation, propelled by greater understanding of the developmental needs of children, led to a movement to better protect them.

International standards on child rights have advanced dramatically over the past century, but gaps remain in meeting those ideals. These include:

  • 1924 – The League of Nations adopts the Geneva Declaration on the Rights of the Child, drafted by Eglantyne Jebb, founder of the Save the Children Fund. The Declaration articulates that all people owe children the right to: means for their development; special help in times of need; priority for relief; economic freedom and protection from exploitation; and an upbringing that instils social consciousness and duty.
  • 1946 –The United Nations General Assembly establishes the International Children’s Emergency Fund, UNICEF, with an emphasis on children throughout the world.
 
  • 1948 – The United Nations General Assembly passes the Universal Declaration of Human Rights, in which Article 25 entitles mothers and children to ‘special care and assistance’ and ‘social protection’.
 
  • 1959 – The United Nations General Assembly adopts the Declaration of the Rights of the Child, which recognizes, among other rights, children’s rights to education, play, a supportive environment and health care.
 
  • 1966 – With the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, United Nations Member States promise to uphold equal rights – including education and protection – for all children.
 
  • 1968 – The International Conference on Human Rights is convened to evaluate the progress made by countries in the 20 years since the adoption of the Universal Declaration of Human Rights. An agenda for future work is drafted and national commitments to upholding human rights are bolstered.
 
  • 1973 – The International Labour Organization adopts Convention 138, which sets 18 as the minimum age for undertaking work that might be hazardous to a person’s health, safety or morals.
  • 1974 – Concerned about the vulnerability of women and children in emergency and conflict situations, the General Assembly calls on Member States to observe the Declaration on the Protection of Women and Children in Emergency and Armed Conflict. The Declaration prohibits attacks against or imprisonment of civilian women and children, and upholds the sanctity of the rights of women and children during armed conflict.
 
  • 1978 – The Commission on Human Rights puts forth a draft of a Convention on the Rights of the Child for consideration by a working group of Member States, agencies and intergovernmental and non-governmental organizations.
 
  • 1979 – To mark the twentieth anniversary of the 1959 Declaration of the Rights of the Child, the United Nations General Assembly declares 1979 as the International Year of the Child, in which UNICEF plays a leading role.
  • 1985 – The United Nations Standard Minimum Rules for the Administration of Juvenile Justice detail the principles of a justice system that promotes the best interests of the child, including education and social services and proportional treatment for child detainees.
 
  • 1989 – The Convention on the Rights of the Child is adopted by the United Nations General Assembly and widely acclaimed as a landmark achievement for human rights, recognizing the roles of children as social, economic, political, civil and cultural actors. The Convention guarantees and sets minimum standards for protecting the rights of children in all capacities. UNICEF, which helped draft the Convention, is named in the document as a source of expertise.
 
 
  • 1991 – Experts from UNICEF, Save the Children, Defence for Children International and other organizations meet to discuss data gathered from the reporting process of the Convention on the Rights of the Child. The meeting leads to the formal establishment of the Child Rights International Network (CRIN) in 1995.
  • 1999 – The International Labour Organization (ILO) adopts the Worst Forms of Child Labour Convention, calling for the immediate prohibition and elimination of any form of work that is likely to harm the health, safety or morals of children. UNICEF has been working with the ILO since 1996 to promote the ratification of international labour standards and policies concerning child labour.
 
  • 2000 – The United Nations General Assembly adopts two Optional Protocols to the 1989 Convention on the Rights of the Child, obligating State Parties to take key actions to prevent children from partaking in hostilities during armed conflict and to end the sale, sexual exploitation and abuse of children.
 
  • 2002 – At the United Nations Special Session on Children, child delegates address the General Assembly for the first time. The World Fit for Children agenda was adopted outlining specific goals for improving the prospects of children over the next decade. 
 
 
  • 2010 – The United Nations Secretary-General issues the Status of the Convention on the Rights of the Child.
 
  • 2011 – A new Optional Protocol to the 1989 Convention on the Rights of the Child is adopted. Under this Optional Protocol on a communications procedure, the Committee on the Rights of the Child can field complaints of child rights violations and undertake investigations.
 
  • 2015 – Somalia and South Sudan ratify the Convention. The Convention is the most widely ratified international instrument with 196 States. Only the United States has not ratified to date.

Everyone, everywhere has the same rights as a result of our common humanity. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

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