Book a consultation
What are you looking for...
فيسبوكانستغرام
حقوق النشر © 2024
Posts Child Rights Definition and Convention on the Rights of the Child

Child Rights Definition and Convention on the Rights of the Child

The most important and prominent rights of children, the definition of the Convention on the Rights of the Child, what are the fundamental rights of the child, and the historical stages of child rights development will all be discussed in this article.

Table of Contents:

  1. Definition of the Convention on the Rights of the Child
  2. Optional Protocols to the Convention on the Rights of the Child
  3. Principles of the Convention on the Rights of the Child
  4. Topics of Child Rights
  5. Key Child Rights
  6. Joining the Convention on the Rights of the Child
  7. How States Commit to the Convention on the Rights of the Child?
  8. History of Child Rights
  9. Sources and References

For a long time, human rights have been a challenge for governments around the world in terms of implementation and ensuring them for their governed populations. The same applies to children, who have specific rights that align with their nature and uniqueness. These rights have been incorporated into the Convention on the Rights of the Child. So, what is the Convention on the Rights of the Child, and what are the fundamental rights of the child according to this convention? Are there optional protocols for child rights? If so, what are they? All of these questions will be answered within the context of this article.

Definition of the Convention on the Rights of the Child:

The United Nations Convention on the Rights of the Child, commonly known as the “Convention on the Rights of the Child,” is a human rights treaty that outlines the civil, political, economic, health, and cultural rights of children. The General Assembly of the United Nations adopted the Convention on the Rights of the Child and opened it for signature on November 20, 1989. The Convention entered into force on September 2, 1990, and by the end of 2019, 196 countries had signed the Convention. The Convention defines a child as “any human being below the age of eighteen.”

Optional Protocols to the Convention on the Rights of the Child:

The United Nations General Assembly adopted three optional protocols as supplements to the Convention on the Rights of the Child. These protocols are referred to as “optional” because countries that have signed the Convention on the Rights of the Child have the freedom to decide whether or not to sign these protocols without affecting their adherence to the Convention itself.
  1. The First Optional Protocol: The Optional Protocol on the Involvement of Children in Armed Conflict imposes an obligation on states parties to the protocol to ensure that children under the age of eighteen are not recruited into their armed forces. In cases where individuals under the age of eighteen are present in the armed forces of a state party to the protocol, the protocol calls on the government to ensure that such individuals do not participate in hostilities. This protocol entered into force on July 12, 2002, and as of November 30, 2019, 170 countries had signed it, with 10 others signing but not yet ratifying it.
  2. The Second Optional Protocol: The Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography prohibits the sale of children, child prostitution, and child pornography. This protocol entered into force on January 18, 2002, and as of November 30, 2019, 176 countries had signed it, with 7 others signing but not yet ratifying it.
  3. The Third Optional Protocol: The Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure allows children or their representatives to file individual complaints regarding violations of their rights. This protocol was adopted in December 2011, opened for signature in February 2012, and entered into force on April 14, 2014. As of November 30, 2019, 51 countries had signed the protocol.

Principles of the Convention on the Rights of the Child:

What are the four fundamental principles of the Convention on the Rights of the Child? According to the Convention on the Rights of the Child, governments are required to meet the basic needs of children and assist them in realizing their full potential. The fundamental rights of the child under the Convention on the Rights of the Child include the following:
  1. The right to life, survival, and development, and the right to live with one’s parents.
  2. The right to protection from violence, abuse, or neglect.
  3. The right to education, enabling the child to achieve their potential.
  4. The right to express one’s views and be heard.

Topics of Child Rights:

Due to the multitude and diversity of children’s rights outlined in the Convention on the Rights of the Child, these rights have been categorized into topics, including:
  1. Child Rights to Survival: This includes the right to life and the provision of basic needs to ensure a child’s survival, such as nutrition, shelter, adequate living standards, and access to medical services.
  2. Child Rights to Development: Developmental rights according to the Convention on the Rights of the Child encompass the right to education, play, leisure, cultural activities, access to information, and the freedom of thought and religion.
  3. Child Rights to Protection: Protection rights, as per the Convention on the Rights of the Child, ensure the safeguarding of children from all forms of maltreatment, neglect, and exploitation. This includes special care for refugee children, safeguards for children in the criminal justice system, protection of children in the workplace, and the protection and rehabilitation of children who have suffered exploitation or abuse of any kind.
  4. Child Rights to Participation: Participation rights preserved by the Convention on the Rights of the Child encompass the freedom of children to express their opinions, have a say in matters that affect their lives, join associations concerned with child rights, and, as their capacities develop, to have an increasing role in community activities to prepare them for adulthood.

Key Child Rights:

Some of the prominent child rights guaranteed by the Convention on the Rights of the Child include:
  • The right to be born in good health and receive proper care and upbringing.
  • The right to live with a loving and caring family that nurtures and educates them.
  • The right to receive appropriate care and attention from others.
  • The right to receive basic necessities such as food, shelter, water, clothing, and healthcare.
  • The right to all that is necessary for a child to have the best possible life.
  • The right to education.
  • The right to play and enjoy leisure time whenever possible.
  • The right to protection from mistreatment by adults.
  • The right to live in peace away from the effects of war and conflicts.
  • The right to receive necessary care if their parents are deceased or unable to meet their basic needs.
  • The right to grow up in a country that encourages their strengthening of faith and allegiance to the country where they were born and live, and to become active citizens in that country.
  • The right to grow up in peace and receive everything they need for a better life.
Psychological rights of the child, as emphasized by child psychology and parenting expert Dr. Hadeya, include:
  • The right to care, affection, and emotional support to fulfill their psychological needs.
  • The right to positive treatment and the nurturing of independence by listening to their opinions.
“Watch in the video the meaning of childhood and the impact of the word ‘childhood’ on education as explained by Dr. Abdul Rahman Dhakir.”

Joining the Convention on the Rights of the Child

How does a country become a party to the Convention on the Rights of the Child? To become a party to the Convention on the Rights of the Child or one of the optional protocols attached to it, a country must take two steps: Step 1: Signing the Convention on the Rights of the Child or an Optional Protocol
  • Signing the Convention on the Rights of the Child or one of the optional protocols is an initial expression of the country’s willingness to join the Convention on the Rights of the Child or the optional protocols. By signing, the country commits to refraining from any actions that would contradict the Convention on the Rights of the Child. The country’s signature on the Convention or the optional protocols demonstrates its intent and interest in considering the treaty at the national level and potentially ratifying it.
Step 2: Ratifying the Convention on the Rights of the Child or an Optional Protocol
  • After signing, the country must follow its national constitutional procedures, which may involve the parliament, senate, monarch, president, or government (or a combination of these entities), to make an official decision to become a party to the Convention on the Rights of the Child. Once this decision is made, a formal document of ratification or accession is prepared, signed by the competent authority of the country, and deposited with the United Nations Secretary-General in New York.

How do countries commit to the Convention on the Rights of the Child?

Upon ratifying the Convention on the Rights of the Child or an optional protocol, a country commits to respecting, protecting, and fulfilling the rights of the child as outlined in the respective treaty. This commitment may require the country to adopt or modify its laws and policies to implement the provisions of the Convention on the Rights of the Child. When considering optional protocols separately from the Convention, countries that sign the optional protocols have the choice to sign or not sign these additional agreements. If a country does sign an optional protocol, it must refer it to its parliament or relevant authority for approval.
The interest in children’s rights did not begin with the adoption of the Convention on the Rights of the Child in 1979; it has a history dating back to the 19th century. In the 19th century, Europe adopted laws regulating child labor for the first time, followed by laws that made education mandatory for children. In the 20th century, global interest in children’s rights grew, and several international declarations and agreements concerning children’s rights were adopted:
  • The Universal Declaration of Human Rights in 1948 recognized that “Motherhood and childhood are entitled to special care and assistance.”
  • The Declaration of the Rights of the Child was adopted by the United Nations General Assembly in 1959, recognizing children as subjects of rights.
  • UNESCO declared the International Year of the Child in 1979, aiming to promote the implementation of children’s rights globally.
  • Various non-governmental organizations, including UNICEF, played a significant role in shaping the Convention on the Rights of the Child between 1979 and 1989.
  • The Convention on the Rights of the Child was unanimously adopted by the United Nations General Assembly on November 20, 1989.
In conclusion, the United Nations Convention on the Rights of the Child has made significant strides in ensuring the protection and promotion of children’s rights worldwide. However, there is still work to be done, particularly in addressing violations of children’s rights in some countries without effective monitoring and enforcement mechanisms. Source: Definition of Children’s Rights and the Convention on the Rights of the Child (hellooha.com)(hellooha.com)
Facebook
Twitter
LinkedIn
Scan the code