The Child’s Right to Identity

1. The Child’s Right to Identity Tara M. Collins Faculty of Social Sciences, University of Ottawa 21 May, 2009

2. “It would be a grievous mistake to see the Convention applying to childhood alone. Childhood is not an end in itself, but part of the process of forming the adults of the next generation. The Convention is for all people. It could influence their entire lives.”* Eekelaar, 1992

3. How do communities address, consider and respond to the right to identity of the child? Ronen explains that identity involves two dimensions for every child: 'A children's rights regime should ideally be responsive to the complementing needs 'to be' and the need 'to become'.[1] Child rights including child participation should be better respected in resolving conflict to support the child and his/her developing identity. [1]Ronen, 'Redefining the Child's Right to Identity', 18 International Journal of Law, Policy and the Family, 150 (2004).

4. Plan • Identity • Child rights • Child right to identity • Child participation • Case studies of conflict • Lessons learned • Rights-based recommendations to resolve conflict

5. Identity defined “The quality or condition of being the same in substance, composition, nature, properties, or in particular qualities under consideration; absolute or essential sameness; oneness. … personal or individual existence.” [1] It can also include: “…a phase of varying severity undergone by an individual in his need to establish his identity in relation to his associates and society as part of the process of maturing.”[2] [1] & [2] Oxford University Press, Oxford English Dictionary

6. Why are child rights relevant? Main goal of human rights is to recognize the inherent dignity and equal and inalienable rights of every member of the human family.[1] CRC 1989: “3 Ps”: prot’n, provision, & participation = spectrum of human rights =influential framework that should guide relations between the child and his/her community. [1]Universal Declaration of Human Rights, UN Doc. A/RES/217 A (III), 10 December 1948, preamble.

7. CRC article 12 • 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. • For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

8. Children’s contributions Rejection of discrimination and contributions Examples: • sexually-exploited young people • Children in armed conflict • national forum of youth

9. Child rights not only inspire and guide adults in approaching and understanding children, but they also support children to define themselves and determine their own identity, and defend themselves against stigmas, labels and so on.

10. Case Studies of Conflict between the child and others • Cultural/Religious Conflict: Canadian child of Immigrant Parents • Religious Conflict: Jehovah’s Witnesses and Blood Transfusions • Societal conflict with Aboriginal culture: Weechi-it-te-win Family Services

11. Lessons learned • Support the expression of child’s views, as per his/her CRC right • Child’s views should be seriously considered in order to respect the dignity of the child. • Importance of respectful communication between the child and others

12. Communication and support of the child’s views should be supported even if the child says something that the listener or others do not want to hear. • Differing approaches in relation to the child does not automatically that they are wrong or in error.

13. Avoidance of the absolute imposition of one perspective or priorities upon the child. • Concrete support of the child’s culture and religion as per CRC a. 30 to support his/her developing identity.

14. Rights-based Approach Robinson explains that the approach describes “situations not in terms of human needs, or areas for development, but in terms of the obligation to respond to the rights of individuals...[It] implies the direct involvement of people in decisions relating to their own development.” [1] Human rights provide standards but also a framework to guide actions.[1]Robinson, Foreword, in Santos Pais (1999), A Human Rights Conceptual Framework for UNICEF, iv.

15. Child rights-based approach** Centres efforts around the child and respects the indivisibility of the child’s rights. Guided by the CRC’s four guiding principles identified by the UN Committee: • non-discrimination (article 2), • best interests (article 3), • maximum survival and development (article 6), & • views of the child (article 12).[1] **Collins, T.M. “The Monitoring of the Rights of the Child: A Child Rights-Based Approach”, Programme on the International Rights of the Child, Faculty of Law, Queen Mary, University of London, U.K., successfully defended 2006. [1]UNCRC (1991), Guidelines for initial reports of States Parties, UN Doc. CRC/C/58, III.

16. Non-Discrimination: Discrimination against the child because s/he is young is inadequate and disrespectful. Best Interests: Resources and capacity of child rights efforts must be advanced to support the best interests principle. Determination of the best interests of the child requires the child’s views or contributions to the decision-making process.

17. Maximum survival and development: Preventative efforts, not simply reactive activities, should be advanced. Respect of the child is important to support maximum survival and development. Views of the Child: views of the child should be promoted and given “due weight” in all activities related to children. Accessible procedures and actors to respect non-discrimination and the determination of best interests.

18. General Child Rights Considerations Actors should reflect and respect child rights in their efforts or relations with children. The state shall promote comprehensive, effective child rights awareness-raising and training. National level actors: States shall enunciate child-specific provisions in law, programmes and practice to promote and protect child rights. National remedies shall reflect and respect child rights.

19. Conclusion Child rights provide a framework for a legal and ethical approach but many obstacles remain. Children should be incorporated into discussions and decision-making as they develop their identity because it is their right but also to mediate or avoid problematic conflicts or outcomes.