Children's Rights

Question 1

Which type of rights is the most complete in the international area?

Answer 1

Children’s rights

Question 2

what is the historical context of children’s rights?

Answer 2

• declaration of the rights of the child in 1924, under the League of Nations
• substituted by the 1959 declaration (basic guideline)
• the process of 10 years to properly draft the new convention (1979-1989)
• On November 20th, 1989, the UN Convention on the Rights of the Child (CRC)
• the most ratified covenant of all HR treaties
• only the US and Somalia haven’t ratified

Question 3

give some optional protocols

Answer 3

2000 – on the sale of children, child prostitution, and child pornography
2000 – on the involvement of children in armed conflicts
2011 – on a communications procedure

Question 4

Explain how children’s rights have been (and are) transversal to other international instruments

Answer 4

• several treaties, among others, the ICCPR the ICESCR, and the ILO framework for child labor (2023-2025)
  the three regional justice systems have provisions specifically designed for child-issues
  IACHR (article. 14)
  European Social Charter (article 17)
  The African System have a very specific instrument fir children’s case

Question 5

Explain the child in children right’s

Answer 5

• “ Every human being below the age of 18 unless under the law applicable to the child, the majority is attained earlier “ art.1 CRC
• certain inconsistencies in the system (i.e. recruitment age in armed conflicts)
  the - general rule is 18

Question 6

what is the main focus of the CRC

Answer 6

the born child

Question 7

what are the other focuses of the CRC

Answer 7

• the preamble of the CRC: “bearing in mind that, as indicated in the Declaration of the Rights of the Child, “the child, because of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection before as well as after birth”
• article 3.1 San Jose pact: “ life respected… in general, from the moment of conception…”
• controversial

Question 8

what are the critiques of the CRC?

Answer 8

• The CRC is considered for some a ‘Eurocentric instrument’
  a) universalizes a Western conception of childhood
  b) there is a cultural relativism and moral and cultural context
• the reservations are considered incompatible with the CRC

Question 9

what is the role of the Committee

Answer 9

• is formed by 18 member experts in different disciplines
• have worked distinguishing the different ages and conceptions “from the child’s POV”
• implementation of children rights is not “one size fit all”

Question 10

what are the rights under the CRC?

Answer 10

• 1st instrument to integrate CPR and ESCR
• basis of duty for the state parties of the 3P: protection, provision, and prevention
• many of the children’s rights are derived from the ICCPR (life, birth registration, freedom of expression, privacy, family, fair trial, etc.)
• in ICESC, social security, the standard of living, the standard of health, leisure, play, and rest.
• both instruments: Indigenous and minority rights, disability and refugee rights

Question 11

what are the principles under the CRC?

Answer 11

• non-discrimination
• the best interest of the child (most important)
• life, survival, and development
• respect for the views of the child

Question 12

what are the obligations imposed by the CRC?

Answer 12

• implementation of policies, statutes, constitutional rights, judicial and administrative measures
• the tripartite typology is used for children rights
  respect
  protect
  fulfill
• for the duty-bearers