The Convention on the Rights of the Child is a United Nations human rights treaty concerning the rights of children. It was adopted by the United Nations General Assembly on 20 November 1989 and entered into force on 2 September 1990.
The treaty is often shortened to the CRC. It treats children as rights-holders, not only as dependants of adults. For the Convention, a child means every human being below the age of 18 unless majority is reached earlier under applicable law.
General Principles
The Committee on the Rights of the Child identifies four general principles that run through the Convention:
- non-discrimination;
- the best interests of the child;
- the right to life, survival and development;
- respect for the views of the child.
These principles shape how the more specific rights are interpreted.
Civil Rights and Identity
The Convention protects rights connected with name, nationality, identity, family relations, expression, thought, conscience, religion, association, privacy and access to information.
It also recognises that children should be able to express views on matters affecting them, with those views given due weight according to age and maturity.
Family and Care
The Convention recognises the role of parents and families, but it also requires states to protect children from abuse, neglect and exploitation. It covers separation from parents, alternative care, adoption, family reunification and support for children deprived of a family environment.
The best-interests principle is especially important in care, custody, welfare and protection decisions.
Health, Education and Living Standards
The treaty covers rights to health, social security, an adequate standard of living, education, rest, leisure and play. Education is not treated only as academic instruction. Article 29 links education with the development of the child's personality, talents, abilities and respect for human rights.
Protection from Exploitation and Violence
The Convention includes protections against violence, abuse, neglect, economic exploitation, harmful work, drug exploitation, sexual exploitation, trafficking and other forms of harm.
It also covers children affected by armed conflict, juvenile justice and deprivation of liberty.
Optional Protocols
Three optional protocols supplement the Convention:
- involvement of children in armed conflict;
- sale of children, child prostitution and child pornography;
- a communications procedure allowing complaints under defined conditions.
The optional protocols have their own ratification status and should not be treated as automatically accepted by every state that is party to the Convention.
Monitoring
The Committee on the Rights of the Child monitors implementation. States submit periodic reports and the Committee issues concluding observations. The process does not work like a domestic court judgment, but it creates public scrutiny and guidance.
UNICEF, national human rights bodies, charities, lawyers, social workers, schools and campaign groups often use the Convention when discussing child welfare, education, protection and participation.
Practical Examples
Child's Views in Proceedings
In a family or care decision, article 12 supports hearing the child's views where they are capable of forming them. The weight given depends on age, maturity and the issue.
School Exclusion or Discipline
Education decisions can raise issues around best interests, non-discrimination, development and participation, especially where disability, language or poverty affects the child.
Protection from Exploitation
A child being pressured into criminal activity, sexual exploitation or dangerous work engages the Convention's protection duties.
See Also
- International Bill of Human Rights
- Human Rights
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
- Universal Declaration of Human Rights (UDHR)
References
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