Tag: UN Convention on the Rights of the Child

A Cry for Children

~ millennialmatriarchs ~ Leave a comment

This week Meena wrote about Children’s Day in India which is celebrated on 14 November each year, marking the birth anniversary of Jawaharlal Nehru. It is in this same week that another children’s day is celebrated. This is Universal Children’s Day which is celebrated on 20 November every year to mark the date when the United Nations General Assembly adopted, in 1989, the Convention on the Rights of the Child.  

There had been previous discussions about children in the international community. Declarations on the rights of the child had been adopted by both the League of Nations (1924) and the United Nations (1959). Also, specific provisions concerning children had been incorporated in a number of human rights and humanitarian law treaties. However amidst global reports of children bearing the brunt of grave injustice in many forms–from health and nutrition, to abuse and exploitation, it was felt that there was a need for a comprehensive statement on children’s rights which would be binding under international law.

In response to this the UN initiated a process of consultation which led to the drafting of a comprehensive document keeping the child as the focus in all realms—civil, political, economic, social and cultural. The Convention on the Rights of the Child was adopted by the UN General Assembly on 20 November 1989 and entered into force in September 1990.The Convention is the most rapidly ratified human rights treaty in history; more countries have ratified the Convention than any other human rights treaty in history. Three countries, the United States, South Sudan, and Somalia, have not ratified the Convention.

The Convention outlines in 41 articles the human rights to be respected and protected for every child under the age of eighteen years.

The articles can be grouped under four broad themes:

Survival rights: include the child’s right to life and the needs that are most basic to existence, such as nutrition, shelter, an adequate living standard, and access to medical services.

Development rights: include the right to education, play, leisure, cultural activities, access to information, and freedom of thought, conscience and religion. The term ‘development’ includes not only physical health, but also mental, emotional, cognitive, social and cultural development.

Protection rights: ensure children are safeguarded against all forms of abuse, neglect and exploitation, including special care for refugee children; safeguards for children in the criminal justice system; protection for children in employment; protection and rehabilitation for children who have suffered exploitation or abuse of any kind.

Participation rights: encompass children’s freedom to express opinions, to have a say in matters affecting their own lives, to join associations and to assemble peacefully. Children have the right to be heard and to have their views taken seriously, including in any judicial or administrative proceedings affecting them. As their capacities develop, children should have increasing opportunity to participate in the activities of society, in preparation for adulthood.

The Convention establishes in international law that States Parties must ensure that all children – without discrimination in any form – benefit from special protection measures and assistance; have access to services such as education and health care; can develop their personalities, abilities and talents to the fullest potential; grow up in an environment of happiness, love and understanding; and are informed about and participate in, achieving their rights in an accessible and active manner.

Even as the world will be reminded of the Convention on the Rights of the Child this week, this year is tragically one where these very rights are being destroyed minute by minute. More than one hundred children are killed every day in the ongoing war in Gaza and the West Bank. Thousands more are believed to be buried under the rubble of entire townships razed to the ground. Hundreds are dying in hospitals which are being ruthlessly attacked from the air and ground, including premature babies who have not even yet had a chance to take a breath on their own.

Never before in history have so many children faced the horrors of relentless violence, hunger, thirst, displacement, and so many as yet untold terrors. What will be the future of those who do survive this new holocaust?

Which of the Rights listed above will we have the courage to place before them? How can the world appease them, and our own consciences, with a flourish of the Convention on the Rights of the Child?  

In the words of Ghassan Kanafani, eminent Palestinian activist, essayist, novelist, who was killed by a car bomb in 1972 at the age of 36 years.

I wish children didn’t die.

I wish they would be temporarily elevated to the skies until the war ends.

Then they would return home safe, and when their parents would ask them: “where were you?”

They would say: “we were playing in the clouds.

How much longer? How much further?

–Mamata

Of the Children, For the Children

~ millennialmatriarchs ~ Leave a comment

A recent article titled What We Want Our Parents to Know was a poignant reminder of the difference between what adults think they know about children, and how children perceived adults. Written by a child psychologist, with specific reference to the impact that the corona-imposed lockdown is having on the mental health of children, it reflected some of the (often unheard) pleas of children to be heard and respected.

The profound idea that children are not just objects who belong to their parents and for whom decisions are made, or adults in training; rather, they are human beings and individuals with their own rights got international recognition when world leaders came together and made a promise to every child to protect and fulfil their rights. This was by adopting an international legal framework that laid down that children have their unique set of rights, and that these need to be articulated, advocated, protected, and implemented.

On 20 November 1989 this commitment was officially endorsed when the United Nations General Assembly adopted the United Nations Convention on the Rights of the Child (UNCRC).

The Convention says that childhood is separate from adulthood, and lasts until the age of 18 years. This is a special, protected time, in which children must be allowed to grow, learn, play, develop and flourish with dignity.

The Convention views children not as objects of compassion or pity, but as subjects of human rights under international law. It protects children’s rights by setting standards in health care, education, and legal, civil and social services. It sees children as active participants in their own development and agents of change.

The four core principles of the Convention are: Non-discrimination; devotion to the best interests of the child; the right to life, survival and development, and respect for the views of the child.

The UNCRC is a detailed document with an explicit list of 54 articles covering a wide variety of rights all children automatically enjoy, regardless of where or when they are born. Broadly these rights fall under four main categories–rights to:

  • Life, survival and development
  • Protection from violence, abuse or neglect
  • An education that enables children to fulfil their potential
  • Be raised by, or have a relationship with, their parents
  • Express their opinions and be listened to.

The Convention provides a universal set of non-negotiable standards to be adhered to by all countries. These were negotiated by governments, non-governmental organizations, human rights advocates, lawyers, health specialists, social workers, educators, child development experts and religious leaders from all over the world, over a 10-year period. The standards set minimum entitlements and freedoms that should be respected by governments. They are founded on respect for the dignity and worth of each individual, regardless of race, colour, gender, language, religion, opinions, or origins.

The Convention obliges the State and other responsibility holders (parents, guardians, care-givers, civil society, etc.) to address the needs and interests of children as entitlements or rights.

The UNCRC has become the most ratified international human rights treaty in history, now signed by 196 countries. But as with most international treaties, while the intentions are noble, there is often a wide gap between intent and implementation. It has been thirty-one years since the Convention came into force, yet every day one hears and reads of children in tragic situations—from the home to the school; from the homeless to those deprived of education; from those who are suppressed and exploited in so many ways–from the local to the global.

The time is well past the Victorian norm of “children should be seen and not heard.” It is the time when children should be heard. And while governments and non-government organisations continue efforts towards protecting and ensuring these rights, it is the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members, where children should experience the empowerment of having rights, and not just the onus of having duties. And it is for every parent to remember that these rights need to be respected.

India celebrates Children’s Day on 14 November, and November 20 is marked across the globe as World Children’s Day. A good week to remind ourselves of the UNCRC.

–Mamata