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The Convention on the Rights of the Child summary more information at http://www.unicef.org/crc/crc/htm Other links and resources

The human rights of children and the standards to which all governments must aspire in realizing these rights for all children, are most concisely and fully articulated in one international human rights treaty: the Convention on the Rights of the Child. The Convention is the most universally accepted human rights instrument in history - it has been ratified by every country in the world except two - and therefore uniquely places children centre-stage in the quest for the universal application of human rights. By ratifying this instrument, national governments have committed themselves to protecting and ensuring children's rights and they have agreed to hold themselves accountable for this commitment before the international community. Built on varied legal systems and cultural traditions, the Convention on the Rights of the Child is a universally agreed set of non-negotiable standards and obligations. It spells out the basic human rights that children everywhere - without discrimination - have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children's rights by setting standards in health care, education and legal, civil and social services. These standards are benchmarks against which progress can be assessed. States that are party to the Convention are obliged to develop and undertake all actions and policies in the light of the best interests of the child. The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights - civil and political rights as well as economic, social and cultural rights.

"Human rights are inscribed in the hearts of people; they were there long before lawmakers drafted their first proclamation." Mary Robinson, United Nations High Commissioner for Human Rights

Prior to the Convention on the Rights of the Child, human rights standards applicable to all members of the human family had been expressed in legal instruments such as covenants, conventions and declarations, as did standards relating to the specific concerns of children. But it was only in 1989 that the standards concerning children were brought together in a single legal instrument, approved by the international community and spelling out in an unequivocal manner the rights to which every child is entitled, regardless of where born or to whom, regardless of sex, religion, or social origin. The body of rights enumerated in the Convention are the rights of all children everywhere. The idea of everywhere is important. In too many countries, children's lives are plagued by armed conflict, child labour, sexual exploitation and other human rights violations. Elsewhere, for example, children living in rural areas may have fewer opportunities to obtain an education of good quality or may have less access to health services than children living in cities. The Convention states that such disparities – within societies – are also a violation of human rights. In calling on governments to ensure the human rights of all children, the Convention seeks to correct these kinds of inequities. Some people assume that the rights of children born in wealthy nations – where schools, hospitals and juvenile justice systems are in place – are never violated, that these children have no need for the protection and care called for in the Convention. But that is far from the truth. To varying degrees, at least some children in all nations face unemployment, homelessness, violence, poverty and other issues that dramatically affect their lives. top Human rights belong to each of us equally All of us are born with human rights – a principle the Convention on the Rights of the Child makes very clear. Human rights are not something a richer person gives to a poorer person; nor are they owned by a select few and given to others as a mere favour or gift. They belong to each and every one of us equally. Children living in developing countries have the same rights as children in wealthy countries. And human rights apply to all age groups – they do not magically begin with a child's passage into adulthood, nor do they stop when the mandate of the Convention ceases on the child's reaching the age of 18. The Convention places equal emphasis on all of the rights for children. There is no such thing as a 'small' right and no hierarchy of human rights. All the rights enumerated in the Convention – the civil and political rights as well as the economic, social and cultural rights – are indivisible and interrelated, with a focus on the child as a whole. This indivisibility of rights is key to interpreting the Convention. Decisions with regard to any one right must be made in the light of all the other rights in the Convention. For example, it is not sufficient to ensure that a child receives immunization and health care, only for that child on reaching the age of 14 to be sold into bonded labour or conscripted into an army. It is not enough to guarantee the right to education, only to fail to ensure that all children are enrolled in school and can go to school equally, regardless of gender or economic class. A binding national commitment "The Convention is not only a visionary document. We are reminded daily that it is an agreement that works - and its utility can be seen in the everyday use to which I have seen it increasingly being put by country after country, in policy, in practice and in law." Carol Bellamy, UNICEF Executive Director, Statement to the UNICEF Executive Board, September 1998 The Convention on the Rights of the Child was carefully drafted over the course of 10 years (1979-1989) with the input of representatives from all societies, all religions and all cultures. A working group made up of members of the United Nations Commission on Human Rights, independent experts and observer delegations of non-member governments, non-governmental organizations (NGOs) and UN agencies was charged with the drafting. NGOs involved in the drafting represented a range of issues - from various legal perspectives to concerns about the protection of the family. The Convention reflects this global consensus and, in a very short period of time, it has become the most widely accepted human rights treaty ever. It has been ratified by 191 countries; only two countries have not ratified. The United States, which has signalled its intention to ratify by formally signing the Convention, now stands as the only industrialized country in the world and one of only two United Nations member States yet to make this legal commitment to children. The other country is Somalia, which is presently without a recognized government. Like all human rights treaties, the Convention on the Rights of the Child had first to be approved, or adopted, by the United Nations General Assembly. On 20 November 1989, the governments represented at the General Assembly agreed to adopt the Convention into international law. When a government signed the Convention, it had to widely consult within the country on the standards in the Convention and begin identifying the national laws and practices that needed to be brought into conformity with these standards. Ratification was the next step, which formally bound the government on behalf of all people in the country to meet the obligations and responsibilities outlined in the Convention. top Definition of the child The Convention on the Rights of the Child defines as children all human beings under the age of 18, unless the relevant national laws recognize an earlier age of majority (article 1). The Convention emphasizes that States substituting an earlier age for specific purposes must do so in the context of the Convention's guiding principles – of non-discrimination (article 2), best interests of the child (article 3), maximum survival and development (article 6) and participation of children (article 12). In reporting to the Committee on the Rights of the Child, States Parties must indicate whether national legislation differs from the Convention with regard to the defining ages of childhood. While in some cases States are simply obliged to be consistent in setting benchmark ages – for example, in defining the age for admission to employment or for completion of compulsory education – in other cases, the Convention sets a clear upper benchmark: Capital punishment or life imprisonment without the possibility of release is explicitly prohibited for those under age 18 (article 37). While recruitment into the armed forces or direct participation in hostilities is expressly prohibited for those under age 15 according to article 38 of the Convention, an Optional Protocol to the Convention on the involvement of children in armed conflict was adopted by the General Assembly on 25 May 2000, which raises to 18 years the age of participation in hostilities and forced recruitment of children into armed forces. The United Nations has also set minimum age requirements for United Nations peacekeepers. States are also free to refer in national legislation to ages over 18 as the upper benchmark in defining the child. In such instances and others – where national or international law sets child rights standards that are higher than those in the Convention on the Rights of the Child – the higher standards always prevail. This ensures that situations do not arise where Convention standards undermine any national provisions that are "more conducive to the realization of the rights of the child." top The path to the Convention "Mankind owes to the child the best that it has to give...." 1924 Declaration of the Rights of the Child The international community progressed slowly – and only relatively recently – down the path leading to the Convention on the Rights of the Child. The first legal step was taken in 1924, when the League of Nations endorsed the first Declaration of the Rights of the Child. The United Nations Charter (1945) also laid much of the groundwork for the Convention by urging nations to promote and encourage respect for human rights and fundamental freedoms 'for all'. Other early signs of a move to recognize and protect children's rights are evident in the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948. The Universal Declaration states that "All human beings are born free and equal in dignity and rights" and also stresses that "motherhood and childhood are entitled to special care and protection" and refers to the family as "the natural and fundamental group unit of society." Also in 1948, the General Assembly adopted a second Declaration of the Rights of the Child, a brief, seven-point statement that built on the 1924 Declaration: "By the present Declaration of the Rights of the Child…men and women of all nations, recognizing that Mankind owes to the child the best that it has to give, declare and accept it as their duty to meet this obligation in all respects…." The 1948 Declaration was followed almost immediately by a decision to draft a still more detailed Declaration, resulting just over a decade later in a third Declaration of the Rights of the Child, adopted by the General Assembly in 1959. The international legal framework was buttressed further in 1961 with the adoption of the two International Covenants – on Civil and Political Rights and on Economic, Social and Cultural Rights. These two Covenants became binding on States Parties as of 1976, when they entered into force and as such they provided a legal as well as a moral obligation for countries to respect the human rights of each individual. The Universal Declaration of Human Rights, the two International Covenants and the optional protocols to the International Covenant on Civil and Political Rights make up what is known as the International Bill of Human Rights. A proposal for a legally binding treaty Declarations – such as the Declaration of the Rights of the Child that was adopted in 1959 – are statements of moral and ethical intent; they are not legally binding instruments, as were the two International Covenants. For child rights to carry the weight of international law, a 'Convention' or a 'Covenant' was required. Thus, in 1978, on the eve of the United Nations-sponsored International Year of the Child, Poland formally proposed a draft text for the Convention on the Rights of the Child. The following year, the United Nations Commission on Human Rights formed a working group to review and expand on the original Polish text. The working group drew heavily from the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in formulating what became the 41 substantive articles of the Convention on the Rights of the Child. Adoption of the Convention The UN General Assembly unanimously adopted the Convention on the Rights of the Child on 20 November 1989 and it entered into force – or became legally binding on States Parties – in September 1990. That same month, the world leaders at the World Summit for Children, held at the United Nations in New York, made a 'solemn commitment' to accord child rights a high priority. The World Conference on Human Rights, held in Vienna in 1993, set the end of 1995 as a target for the universal ratification of the Convention on the Rights of the Child. By the last day of that year, 185 States had ratified, making it the most widely and rapidly ratified human rights treaty in history. As of mid-2000, only two States had not yet ratified. top For more information click on the linked documents…… Or visit http://www.unicef.org/crc/crc.htm     top

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