Ch 12 The rights of the child Flashcards
Are rights as protected by the Children’s Convention additional to all other rights?
All human rights treaties apply to all persons – thus children are covered by them. Children’s rights are not ‘additional’ to human rights; they are the application of the key principles of human rights to a sector of humanity that is considered in need of special protection.
Do other human rights treaties provide rights for children?
Some do. Children’s rights are specifically mentioned in certain contexts, such as the family or education.
State some characteristics of the Children’s Convention.
The Children’s Convention covers all ‘categories’ of rights. Article 4 refers to the economic, social and cultural rights within it, but numerous provisions are classic civil and political rights as applied to children – juvenile justice, for example. In this regard, the Convention is a cross- cutting one. The Children’s Convention is an issue specific one, much like a number of other instruments, e.g. the Women’s Convention, so it is not unique.
State the ratification and reservation status of the Convention.
The Children’s Convention is the most widely ratified treaty of all but it is not ratified by all States. Like all treaties it has reservations entered by States but they are by and large circumscribed.
What did the Optional Protocols to the Convention establish?
- Set up a Communications procedure
- Set out obligations on child pornography and prostitution
- Set out obligations regarding child soldiers
Is child labour prohibited under the Convention?
No. Child labour is not prohibited and is permissible in all States. Children can be orphans and thus parental permission is not essential. However, certain types of labour are impermissible. Bonded labour, for example, or labour which is extremely hazardous.
Do children’s rights depend on teh family context?
Yes. Many children’s rights are contingent upon the interests and views of the family of which they are a part.
