The Convention on the Rights of the Child – What it says and how it’s implemented

IUC – June 2012

Jim LurieRegional Child Protection Research Unit

NTNU Social Researchwww.samforsk.ntnu.no

Milestones on the way to the CRC

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«The Century of the Child», Ellen Key (1903) Geneva Declaration on the Rights of the Child

approved by League of Nations (1924) The Universal Declaration of Human Rights (1948)

defines human rights for all people – motherhood and childhood are entitled to special care and assistance (art. 25)

Declaration of the Rights of the Child approved by United Nations (1959)

Poland proposes creation of more binding Convention on Children’s Rights (1978)

UN Commission on Human Rights begins work on Convention on Children’s Rights as part of International Year of the Child (1979)

Norway establishes first ombudsman for children (1981) CRC unanimously adopted by UN General Assembly

November 1989

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What is the Convention?

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A guide to advocate for protection of children’s rights, help meet their basic needs, and expand their opportunities

A legally binding international instrument incorporating the full range of human rights - civil, cultural, economic,

political and social rightsA recognition that children

have rights of their own, and need special protection

An agreed upon set of universal, non-negotiable standards and obligations

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Adoption & ratification of the CRCUnanimously adopted by UN General

Assembly November 1989Signed immediately by 61 countries January

1990 Entry into force September 1990 (after

ratification by at least 20 countries) Ratified by 193 countries (all but USA &

Somolia); ratification binds states legally to treaty

Incorporation – some countries have given added authority to CRCGives priority to CRC in cases of disagreement

with other national laws;

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Structure of the Convention

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Preamble – explaining background & rationale 54 articles of 3 kinds Substantive articles (art. 1-41) defining the

rights of the child & obligations on states parties ratifying the convention

Procedures for monitoring implementation (art. 42-45) – establishes the Committee on the Rights of the Child

Provisions governing entry into force (art. 46-54) – (requires ratification by at least 20 countries)

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The Preamble

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Childhood is entitled to special care and assistanceThe family, as the fundamental group of society, should be

afforded necessary protection & assistance A child, for the full & harmonious development of his/her

personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding

A child should be brought up in the spirit of the ideals proclaimed in the UN charter - peace, dignity, tolerance, freedom, equality & solidarity

The child, by reason of his physical & mental immaturity, needs special safeguards, care & legal protection

There are children living in exceptionally difficult conditions in all countries who need special consideration

International cooperation is important for improving the living conditions of children, particularly in the developing countries

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General Principles

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The Committee on the Rights of the Child proposed four general principles to be used for monitoring and implementing the convention

Freedom from discrimination (Art. 2)The best interests of the child (Art. 3)The right to life, survival & development

(Art.6)The right to free expression of views

(Art.12)

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Freedom from discrimination

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Article 2 (part 1)State Parties shall respect and ensure the

rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

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The Best Interests of the Child

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Article 31. In all actions concerning children, whether undertaken by public or social welfare institutions, courts of law, administrative authorities or legislative bodies the best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians or other individuals legally responsible for him or her, and to this end shall take all appropriate legislative and administrative measures.

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Right to Life, Survival & Development

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Article 61. States Parties recognize that every child

has the inherent right to life.2. States Parties shall ensure to the

maximum extent possible the survival and development of the child.

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Right to free expression of views

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Article 121. State 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.

2. 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.

Considered to be most important participation right in CRC

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Categories of children's rights – "the 3 Ps"

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Traditional subdivision of human rights: civil, political, economic, social and cultural rights – CRC has all of these

The “3 Ps” – Provision, Protection and Participation (Cantwell, 1992) – developed as slogan/pedagogical tool in cooperation with Unicef

Provision access to goods & services (education, health care etc.)

Protection from certain activities (violence, maltreatment, exploitation, etc.)

Participation – right to act in certain circumstances – (art. 12 right to free expression of views)

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Controversial ParticipationParticipation rights often seen as most

controversial Art. 5 states that parental responsibility

shall be exercised in a manner consistent with the “evolving capacities of the child”

Children tend to need less protection and more participation as they grow older

Protection & Participation rights sometimes conflict – the need to protect the child from making painful decisions can be used as argument for limiting participation

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CRC has many articles relevant for this course – but especially Article 19

1. States Parties shall take all appropriate legislative, administrative, social & educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Protective measures should include effective procedures for the establishment of social programs to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention, and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment…

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Protection from Violence and Abuse

Other relevant articles

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Art. 20 – Protection of children without family Art. 32 – Protection from economic exploitation &

dangerous laborArt. 33 – Protection from Drug AbuseArt. 34 – Protection from sexual exploitation & sexual

abuseArt. 35 – Protection against traffic in children (slavery)Art. 36 – Protection against other forms of

exploitation

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Implementing the CRC Countries which have ratified the CRC are expected to

take steps to implement it effectivelyArticle 4 states: "States parties shall undertake all

appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation.

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Implementing & Monitoring the CRC

Articles 42-45 describe process for implementation and monitoring

Art. 42: principles & provisions of the CRC should be made widely known to public

Art. 43 :establishes the Committee on the Rights of the Child which is responsible for "examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention".

Art. 44:Countries must report progress to the Committee at regular intervals

Art. 45: allows UNICEF & other NGOs right to participate & provide expert advice to the Committee; Committee may also issue "general recommendations" on specific topics to clarify implementation issues and interpretation of the CRC

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The Committee on the Rights of the Child

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Originally 10 members, now expanded to 18Independent experts who are “persons of high

moral standing and recognized competence in the field of human rights”

Elected for a 4 year term (can be reelected) Meets annually in Geneva; 3 sessions each year

of 4 weeksCurrently 5 members from Europe (Spain,

Slovakia, Hungary, Norway and Switzerland)Organized within the Office of the UN High

Commissioner for Human Rights in Geneva Switzerland (www2.ohchr.org)

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Working Methods of the CommitteeThe Committee has published working methods

for its activities Countries must report 2 years after ratifying

the Convention and every 5 years after thatThe Committee meets in Geneva and holds 3

sessions per year to consider reports from countries

Reports are discussed in open & public meetings of the Committee, with an emphasis on "constructive dialogue" aimed at measuring "progress achieved and factors and difficulties encoutered"

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Working Methods (2) Committe issues "Concluding observations" following meeting

with country These usually contain:

positive aspects/progress factors & difficulties impeding implementation principal subjects for concern suggestions/recommendations additional information may be requested

The Committee strongly encourages the participation of NGOs and national human rights institutions in the meetings of the Committee

These may issue alternative reports to the Committee in response to the official report from the government

Countries are expected to provide a detailed response in next report to the Committee including follow-up measures taken

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Norway’s 4th Periodic Report to the CommitteeNorway’s 4th periodic report to the Committee issued in 2008Comprehensive report (175 pages) Includes several measures designed to provide better

protection to children exposed to violence and abuse (Art. 19) Change in penal code aimed at reducing domestic violenceRight to compensation for children who have been witnesses to

violenceInterdepartmental strategy plan against sexual and physical

abuse of childrenFunding for research on “Children who live with violence in the

family”Campaign to identify & follow-up children with alcohol & drug

abusing parents and/or parents who are mentally illAction plan to combat domestic violence

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Alternative Reports to the Committee Alternative reports sent by various organizations

including the Norwegian Ombudsman for Children & the Norwegian Forum for the CRC

Ombudsman's report highlighted a number of implementation problems including:Practical implementation, gap between regulations &

realityChildren exposed to violence, neglect & abuse, with

psychological problems, and with disabilitiesLate professional interventionPoor interagency cooperationInadequate child welfare services & inadequate follow-

up of violence & abuse

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Children's Hearing A special children's hearing was held in Oslo in October 2009 Arranged by Norwegian Ombudsman for Children, Save the

Children Norway and the Norwegian children and youth council Children met with a member of the Committee on the Rights of

the Child 59 Norwegian children/young people aged 11-18 years Discussed conditions for children in Norway and their views on

children's rightsNeed for better schools & measures against bullyingThe right to participate in leisure activitiesEnding violence & abuse against childrenNeed for improved child welfare servicesChildren's right to be heardBetter services for minors seeking asylum

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Committee’s response to Norway’s 4th report

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Committee issued its "concluding observations" to Norway’s 4th report in January 2010

15 pages long, focuses mainly on areas of concern and recommendations

Committee's comments/concerns on abuse and neglectChild welfare services in some areas lack the resources or

competence to identify & support children who are exposed to violence

Existing helpline is not well known to childrenCompetence is limited to dealing with violence in families of

different cultures and to communicating advice for violence-free education

Recommendation: "Norway should ensure that adequate and appropriate assistance is provided to children and their families in all areas of the country, taking into account respect for other cultures and that children have information about the helpline and where to find effective assistance".

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General CommentsCommittee can also issue General Comments based

on specific articles, provisions and themes Purpose: "to assist the States parties in fulfilling their

obligations under the CRC and to stimulate the international organizations and the specialized agencies concerned in achieving progressively and effectively the full realization of the rights recognized in the CRC" (from Working Methods of Committee)

Has issued 13 General Comments between 2001 and 2011

Nr. 13 from 2011 is especially relevant for this course – "the right of the child to freedom from all forms of violence"

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Previous General CommentsOther general comments have addressed:

Education Independent human rights institutions HIV/AIDS Adolescent health General measures of implementation Treatment of unaccompanied and separated children outside

their country of origin Early childhoodProtection from various forms of punishmentChildren with disabilities Juvenile justice Indigenous childrenRight of the child to be heard

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"The Committee issues the present general comment on article 19 of the CRC, since the extent and intensity of violence exerted on children is alarming. Measures to end violence must be massively strengthened and expanded in order to effectively put an end to these practices which jeopardize children's development and societies' potential non-violent solutions for conflict resolution".

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Rationale for General Comment nr 13

Objectives of General Comment 13To guide States parties in understanding

their obligations under art. 19 of the CRC To outline the legislative, judicial,

administrative, social and educational measures that States parties must take

To overcome isolated, fragmented and reactive initiatives to address child caregiving and protection which have had limited impact on the prevention and elimination of all forms of violence

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Objectives (2)To promote a holistic approach to implementing art.

19 based on the CRC's overall perspective on securing children's rights to survival, dignity, well-being, health, development, participation and non-discrimination – the fulfilment of which are threatened by violence

To provide States parties and other stakeholders with a basis on which to develop a coordinating framework for eliminating violence through comprehensive child rights-based caregiving and protection measures

To highlight the need for all States parties to move quickly to fulfill their obligations under art. 19

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Questions about implementing the CRCHow seriously do we take children in our societies?How much progress has been made so far & how

much more might be achieved?To what extent have the commitments made by

States to the CRC led to the adoption of concrete measures to improve the rights of children?

To what extent have the measures taken had a real impact on the lives of children?

To what extent has the holistic approach of the CRC informed its process of implementation? (Bellamy & Pais, 2007)

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Some implementation resultsIncreased profile for children’s rights at

different levelsExtensive changes in national laws and policiesEstablishment of ombudsman for childrenGovernmental mechanisms to coordinate

activities across sectors and regionsMore & better data on childrenEducation on children’s rights in schools and

for professionalsNew international and regional inititiatives

(Pais 2007)

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Areas where CRC has been most effective Incorporating human rights principles into legislation Establishing interdepartmental & multidisciplinary

bodies Developing national agendas for children Widening partnerships for children Promoting ombudspersons for children Assessing the impact of measures on children Restructuring budgetary allocations Targeting child survival and development Implementing the principle of non-discrimination Listening to children's voices Developing justice systems for children (Unicef)

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What is an Optional Protocol?Legal instrument that complements a treatyOn any topic relevant to treaty to further

address something in treaty or new & emerging concern

Not automatically binding on states that have ratified original treaty, must ratify protocol independently

2 Optional Protocols to CRC are in effect on involvement of children in armed conflict & the sale of children, child prostitution and child pornography

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New OP on a communications procedureA new Optional Protocol on a communications

procedure adopted by UN General Assembly in December 2011

Signed by 22 countries (preliminary endorsement, not legally binding)

Not ratified (or acceded to) yet by any countriesEnters into force 3 months after

ratification/accession by at least 10 countriesA coalition of over 80 international & national

NGOs has worked for this since 2006CRC was only international human rights treaty

without an individual complaints mechanism

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How does the complaints mechanism work?The new protocol will enable children, or their

representatives, claiming that their rights have been violated to bring a complaint to the Committee on Children's Rights, provided that their country has ratified this OP

Complaints may be brought by or on behalf of an individual child or group of individuals

All domestic remedies have been exhausted (unless these are unreasonably prolonged or unlikely to bring effective relief)

Collective complaints (such as those submitted by advocacy organizations) are not permitted (various NGOs including Save the Children tried to achieve this)

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Complaints procedure (2)The Committee shall be guided by the

principle of the best interests of the child in implementing this protocol

Individuals or groups of individuals must consent to the submission of a complaint

The Committee shall conduct an inquiry if it receives reliable information indicating grave or systematic violations by a State party of rights set forth in the CRC or OPs ratified by that country

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Key Children’s Rights Organizations

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CRIN (Child Rights Information Network) www.crin.org

UNICEF (The UN Children’s Fund) www.unicef.org

Save the Children www.savethechildren.org ENOC (European Network of

Ombudspersons for Children) www.crin.org/enoc

NGO Group for the Convention on the Rights of the Child www.childrightsnet.org

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Questions for discussionHow well known is the CRC in your country?How well are children’s rights protected in your

country?What role has the CRC played in advancing

children’s rights in your country?What are some of the most important advances in

children’s rights in your country?What are some of the biggest obstacles to

effective implementation of children’s rights in your country?

Does your country have an ombudsman for children or similar organization? What is its role?

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The Ombudsman for Children in Norway

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First in the world in 1981Independent and politically neutral organization Aim is to promote the interests of the child, and be

attentive to childhood and upbringing of Norwegian children.

To safeguard children’s rights according to the CRCSuggest measures to secure children’s rightsSecure information about children and their rights

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