Convention on the Rights of the Child (CRC)

Convention on the Rights of the Child (CRC)

Explainer

Author: Alessandro Di Pietrantonio

GHRD intern – International Justice and Human Rights Team

Undergraduate student in Law (Teramo University)

Title: Convention on the Rights of the Child (CRC)

Adopted by: United Nations General Assembly (Resolution 44/25)

When: 20 November 1989

Into force: 2 September 1990

Status: legally binding


"Butembo, North-Kivu province, DR Congo – Several hundreds of children sensitized on the fight against gross violations of children’s rights during armed conflicts in a session organized by MONUSCO child protection section at Kipese and Kichumbiro." by MONUSCO is licensed under CC BY-SA 2.0

What are some of the most significant rights enshrined in the Convention?

- Article 2: the principle of non-discrimination commits the States that have signed the Convention to ensure the rights sanctioned to all children, without distinction.

- Article 3: the best interests of the child shall be a primary consideration in all actions concerning children

- Article 6: the right to life, survival and development commits member states to recognize the right to life of the child and to ensure the survival and development of the child by all possible measures.

- Article 8: right of the child to preserve his or her identity, including nationality, name and family relations.

-  Article 12: the right to be taken into consideration provides for the children to be heard in all proceedings affecting them, especially in the legal sphere, obviously in relation to the age and maturity of the child.

What is the significance of the CRC?

The Convention on the Rights of the Child (CRC) has been ratified by 196 countries and is the most widely ratified treaty to date. It represents the recognition by the international community of the need for a legal instrument that can ensure the safeguarding and protection of children's vulnerability both before and after birth. The Convention is the first and most important legally binding international instrument for the protection of children's rights and therefore, states that have ratified it are obliged to respect and enforce all the rights enshrined in the Convention on behalf of children.

Under the Convention, efforts are made to ensure that the child's human rights are respected. Besides the principle of non-discrimination and the fundamental right to education, the need to consider the views and opinions of children when making decisions that affect them is also highlighted

The best interests of the child is one of the main principles adopted by the CRC and it provides that in every decision, legislative, action, legal measure, a public or private initiative of social assistance, the best interests of the child shall be considered preeminent. This principle is relevant for any state intervention in the child’s life, such as separating the child from parents or whether or not to prosecute parents, for instance. This principle shall also guide judges in court cases when deciding on matters that affect a child’s life.

The Convention recognizes the child not only as an object of protection and assistance but also as a subject of law, holder of rights in the first person; in a single treaty is listed the entire range of civil, political, economic, social and cultural rights of every child in the world.

What about the optional protocols to the CRC?

In 2000, two additional protocols to the Convention (entered into force in 2002) also sought to further protect children from all forms of exploitation to which they may be subjected, including involvement in armed conflict, trafficking and child labour. The first one is the Optional Protocol on the involvement of children in armed conflict (OPAC) and the second one is the Optional Protocol on the sale of children, child prostitution and child pornography (OPSC).  The third Optional Protocol on a communication procedure (OPCP) was added in 2011 (entered into force in 2014) allowing for individual remedies by children who are victims of violations of the Convention

The role of the Committee on the Rights of the Child:

The Committee was established by the Convention on the Rights of the Child and came into force on 27th February 1991 to ensure compliance with the rights set out in the Convention and its optional protocols. The Committee is composed of 18 independent experts which are nominated and elected by state parties to the CRC. The Committee reviews the periodic reports that States are required to submit within two years of signing the Convention and every five years thereafter, it also works together with both UN and Non-government organisations. In doing so, it is also responsible for reviewing the progress of States in implementing their obligations under the Convention and the two Additional Protocols of 2000, and for examining complaints under the Third Optional Protocol.

 The Committee on the Rights of the Child considers individual communications alleging violations of the Convention on the Rights of the Child or its two first Optional by State Parties to the Third Optional Protocol on a communications procedure.

In January 2013 the Committee adopted the rules of procedure to be applied to the complaints submitted under the third Optional Protocol. Complaints may be submitted by an individual or group of individuals claiming to be victims of a violation of the Convention or the Optional Protocols, regardless of whether their legal capacity is recognized in the State party against which the complaint is directed. Complaints may also be submitted by their designated representatives, or by others acting on behalf of the alleged victims with their express consent. The Committee has the competence to facilitate friendly settlements in complaints submitted to it. A friendly settlement must be based on respect for the obligations outlined in the Convention or the Optional Protocols. The Committee will not accept any friendly settlement that is not based on the respect of such obligations.

Where can I find a copy of the CRC?
A copy of the Convention can be found at this link: https://www.ohchr.org/en/professionalinterest/pages/crc.aspx


Source: https://www.teachingenglish.org.uk/article/childrens-rights