1 / 12

2. The human right approach to children’s wel-being

2. The human right approach to children’s wel-being. “Children in Developing Countries” Lecture course by Dr. Renata Serra. CRC. In 1989, the UN General Assembly adopts the Convention on the Rights of the Child

Download Presentation

2. The human right approach to children’s wel-being

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. 2. The human right approach to children’s wel-being “Children in Developing Countries” Lecture course by Dr. Renata Serra

  2. CRC • In 1989, the UN General Assembly adopts the Convention on the Rights of the Child • It has been ratified by 192 countries, only US (who has signed it) and Somalia have not done so • Ratification  implementation • The CRC is only a starting point… • See CRC, art. 4

  3. Historical key phases • 1924 Geneva Declaration on the Rights of the Child adopted by the League of Nations • 1959 Declaration on the Rights of the Child • Gave wide impetus to children’s rights (but bypassed civil and political rights and child empowerment) • In many ways it kept a welfarist approach • 1979 International Year of the Child • It pushed harder the concept that children have special rights differing from other human rights • 1989 is another marking point: fuller concept of rights • UNICEF and other agencies restructure their mandate to reflect a right-based approach

  4. Other significant initiatives • Universal Declaration of Human Rights (1948) • Geneva Conventions (1949) ratified by 194 countries • On the conditions of the wounded and sick, prisoners of war, and civilians at times of war • The CRC was followed by: • ILO Convention against the worst forms of child labor • 2 Optional Protocols, dealing with ‘the involvement of children in armed conflict’ and ‘the sale of children, child prostitution and child pornography’ • The US ratified all these

  5. The legal solution • Pros • Legal protection is the first step (‘the superiority of the law’) • Sanctioning children’s rights into law gives them full political recognition • Cons • Law has no effect if it is not enforced • There may be poor correlation between legal and effective provisions • However, the law must be a first step!

  6. The right-based approach • Right-based vs. welfarist approach • Language of rights ≠ protection & dependence • See children in their own rights rather than extension of parents • “Children have rights to…” ≠ “adults must protect children from…” • ‘Rights’ set up a standard, a goal, which need to be constantly approached and worked for • Contrast with the critique that it is pointless or even counter-productive to set up as rights things that are unattainable

  7. In the words of the CRC • Non-discrimination (art. 2) • The principle of the best interests of the child (art. 3) • Non separation from parents unless it is in the best interest of the child (art. 9) • The fundamental rights • To life (‘inherent right to life’ art. 6) • To a name, to a nationality and as far as possible to know, and be cared for by, his or her parents (art. 7) • To express views freely in matters re: oneself (art. 12) • To freedom of expression (art. 13) • To freedom of thought, conscience and religion (art.14) • To freedom of association (art. 15)

  8. The fundamental rights (cont’d) • To legal protection against interference with privacy (art. 16) • Of the disabled child to special care (art. 23) • To the enjoyment of the highest attainable standard of health (art. 24) • To benefit from social security (art. 26) • To an adequate standard of living (art. 27) • To education (art. 28) • Of minority or indigenous group child, to enjoy her own culture, use her own language (art. 30) • To be protected from economic exploitation and hazardous work (art. 32)

  9. Obligations and protection • State parties have the obligations to: • Combat the illicit transfer and non-return of children abroad (art. 11) • Protect and care for a child deprived of her physical environment (art. 20) • Provide humanitarian assistance to the refugee child (art. 21) • Provide appropriate health care (art. 24) • Provide material assistance and support programs w.r.t. nutrition, clothing and housing (art. 27) • Make primary education available free to all (art. 28) • Promote physical and psychological recovery and social reintegration of the child victim of neglect, exploitation or abuse (art. 39)

  10. Protection (cont’d) • State parties must protect the child from: • All forms of physical and mental violence (art. 19) • Illicit use of narcotic drugs (art. 33) • All forms of sexual exploitation and abuse (art. 34) • Torture and other cruel, inhuman or degrading treatment (art. 37) [no capital punishment or life imprisonment for crimes committed by minors] • State parties must ensure no child younger than 15 is recruited in the armed forces or takes direct part in hostilities (art. 38)

  11. Towards implementation • Regional-level bodies have not incorporated CRC adequately into their legal instruments • E.g. in the Americas, pre-CRC approach to children’s rights prevails • Many courts have not made full use of CRC provisions in their pronouncements • Many state constitutions do not include children’s rights • If they do, political rights are often omitted as well as the rights of refugee and indigenous children • The most advanced constitutions re: children’s rights are Brazil, Ecuador, Ethiopia, South Africa,

  12. A case study of use of CRC • 5 Guatemalan street children tortured and killed by police • Case brought in front of the Inter-American Court against the Gov. of Guatemala and won in 1999 • Court declared that GoG violated the rights of these street children as in art. 2,3,6,20,27&37 of the CRC and failed them doubly • GoG asked for reparation and damage, plus obligations to fully investigate and punish those responsible • This case shows the use of CRC in court cases against states that have ratified CRC • Previously the I-A Court had ruled that CRC should override outdated approaches allowing courts to unleash punishment to children in ‘irregular situation’

More Related