An Introduction to Child Rights Programming

• Human Rights Framework• Child Rights Framework• Child Rights Programming

– Protecting Child Rights– Child Protection

Human Rights Framework

• Human Rights are standards that recognize and protect the dignity of all human beings.

• Human rights govern how individual human beings live in society and with each other, as well as their relationship with governments and the obligations that governments have towards them.

What does this mean?

• Human Rights law obliges governments to do some things, and prevents them from doing some other things.

• Individuals have responsibilities: in using their human rights and respecting the rights of others.

• No government, group or individual person has the right to do anything that violates another’s rights.

Human Rights are:

• Inherent – all humans are born with them• Inalienable – cannot be given up or taken

away (even by governments)• Universal – all humans, everywhere• Indivisible and Interrelated – all rights

are equal and cannot be treated separately

So …

Human rights belong to

each and every one of us equally

regardless of age, sex, race, religion, nationality, income level or any other

status or condition in life.

United Nations

• An early objective was creating a legal framework for considering and acting on complaints about human rights violations.

• The UN Charter obliges all member

nations to promote universal respect for, and observance of, human rights, and take joint and separate action to that end.

UN Declaration of Human Rights

• Was adopted by the General Assembly in 1948 as common standard of achievement for all.

• Is not a part of binding international law but its acceptance by all countries gives it great moral weight to the fundamental principal that all human rights are to be treated equally.

• UN has adopted several legally binding international human rights instruments

• These are treaties which are to used as framework for discussing and applying human rights.

• These outline legal obligations of the states.

• The framework establishes legal and other mechanisms to hold governments accountable in the event they violate human rights.

United Nations’ Convention on

Rights of the Child (UNCRC)

is one such instrument

Child Rights Framework

History….

• Eglantyne Jebb was a British social reformer and founder of Save the Children.

• Drafted Children’s Charter which asserted rights of the children and the duty of the international community to put children’s rights in the forefront of planning.

• 1924 - Declaration of the Rights of the Child adopted by the League of Nations

• League of Nations was replaced by the UN

• 1959 – Expanded version of the Declaration adopted by UN which finally resulted in UNCRC

• 20 November 1989 – UNCRC adopted

• September 1990 – UNCRC becomes legally binding after 20 States ratify it

• Present status: All States except Somalia and United States of America are parties to UNCRC. These 2 States have signed but not ratified.

UNCRC

• Articles 1 – 42: Definitions and Rights of the Children

• Articles 43 – 54 : Implementation measures for the UNCRC, explaining how governments and other agencies will work to ensure children are protected of their rights.

• 2 Option Protocols – Involvement of children in armed conflicts– Sale of children, child prostitution and child

pornography

CRC Principles

• Article 2: Non-Discrimination and Inclusion

• Article 3: Best interests of the child

• Article 6: Right to life, survival and development

• Article 12: Respect for the views of the child

Survival and Development Rights

• These are rights to the resources, skills and contributions necessary for the survival and full development of the child - means to fulfill and access to them.

• These include – adequate food, shelter, clean water, formal education, primary health care, leisure and recreation, cultural activities and information about their rights.

• Article 4: Protection of rights• Article 5: Parental guidance• Article 6: Survival and

development• Article 7: Registration, name,

nationality, care• Article 8: Preservation of

identity• Article 9: Separation from

parents• Article 10: Family reunification• Article 14: Freedom of thought,

conscience and religion• Article 18: Parental

responsibilities, state assistance

• Article 20: Children deprived of family environment

• Article 22: Refugee children• Article 23: Children with

disabilities• Article 24: Health and health

services• Article 25: Review of treatment

in care• Article 26: Social Security• Article 27: Adequate standard

of living• Article 28: Right to education• Article 29: Goals of education• Article 30: Children of

minorities/indigenous groups• Article 31: Leisure, play and

culture• Article 42: Knowledge of rights

• Specific articles address the needs of child refugees, children with disabilities and children from minority or indigenous groups.

Protection Rights

• These include protection from all forms of child abuse, neglect, exploitation and cruelty, including the right to special protection in times of war and protection from abuse in the criminal justice system.

• Article 4: Protection of rights

• Article 11: Kidnapping• Article 19: Protection from

all forms of violence• Article 20: Children

deprived of family environment

• Article 21: Adoption• Article 32: Child Labour• Article 33: Drug abuse• Article 34: Sexual

exploitation

• Article 35: Abduction, sale and trafficking

• Article 36: Other forms of exploitation

• Article 37: Detention and punishment

• Article 38: War and armed conflicts

• Article 39: Rehabilitation of child victims

• Article 40: Juvenile justice• Article 41: Respect for

superior national standards

Participation Rights

• Children are entitled to the freedom to express opinions and to have a say in matters affecting their social, economic, religious, cultural and political life.

• These include the right to express opinions and be heard, the right to information and freedom of associations.

• Engaging in these rights as they mature helps children to bring about the realization of all their rights and prepares them for an active role in society.

• Article 4: Protection of rights• Article 12: Respect for the views of the child• Article 13: Freedom of expression• Article 14: Freedom of thought, conscience and

religion• Article 15: Freedom of association• Article 16: Right to privacy• Article 17: Access to information; mass media

Child Rights Programming

Child

• Every girl and boy under the age of 18 years

• ‘Whole Child’ – instead of separating needs into sectors such as health, education,…

Rights

• Human Rights + Child Rights

Programming

• Planning, implementation, monitoring, evaluation and management of a set of activities towards a defined goal.

Child + Rights + Programming=

• Begin planning from the status of children (based on the UNCRC)

• Keep checking the status of children

• Evaluate the status of the children

Child Rights Programming means

working directly with the children only.

True or False?

Then what?• Children are at the centre – as right holders

• All children living in the country irrespective of the child’s legal nationality

• State as primary duty-bearer to respect, protect and fulfill rights

• State is supported by secondary duty bearers to fulfill obligation towards ensuring children their rights.

Who are the secondary duty bearers?

• Parents• Caregivers• Guardians

• Schools• Media

What does this imply?

Duty Bears – fulfill their obligations

• Strengthen accountability of duty bearers• Strengthen equality and inclusion

• Support right holders to demand their rights (participation)

Right Holders – Demand their rights

Responsibilities of

Right Holders?

Begin with status of the children• Child Rights Fulfillment and Violation Analysis

– Disaggregate data on basis of age, gender, ability, …..

– Understand from children too• Causality Analysis• Power and Gender Analysis• Responsibility/Duty Bearer and Stakeholder

Analysis

Baseline is not same as Situational AnalysisTrue or False?

Plan based on the situational analysis of children

• Direct actions on violations and gaps

• Strengthening structures and mechanisms

• Constituency Building

Best interest of the children

M&E on the status of the children

Target: 25% increased income levels across all (project) households/

Achievement: 50% increased income levels across all (project) households.

Time to celebrate project success?

May be yes ….

May be no ….

So what….does this mean for the children?

References:

• http://www.unicef.org/crc/• Save the Children-Sweden; Child Rights

Programming; 2005• Save the Children-Sweden; Child Rights

Based Monitoring and Evaluation Tools and Mechanisms, 2006

YIPEEEEE! Group Work!! Definitely a time to celebrate!!!!!

Statement of Violation of a Children’s Right:

Statement of Change Envisaged to be Achieved:

Areas of Change Duty Bearers