Children's Commissioner For England - Children's Rights UK and UNCRC

Children's Rights UK and UNCRC

The United Nations Convention on the Rights of the Child (UNCRC) is a legally binding treaty, adopted in 1989 and is ratified by 193 countries. The UNCRC is the most ratified international human rights treaty.

History of International Child Law

The first major international document specifically focusing on children was the 1924 Declaration of the Rights of the Child (1924 Declaration). This non-binding League of Nations resolution, was drafted primarily by Eglantyne Jebb, the founder of the organisation Save the Children. It consists of only five points outlining key social, emotional and economic requirements of children.

In the years following the adoption of this declaration, there was a growing awareness regarding the vulnerable situation of some children, particularly in the aftermath of WWII. This led to the drafting of the 1959 Declaration of the Rights of the Child which expanded the 1924 declaration and included various new provisions.

Drafting of the Convention on the Rights of the Child

The drafting of the UNCRC was initiated by a representative of the Polish government who tabled an initial version at the UN in 1978, expanding on the 1959 declaration. This led to the creation of a working group to draft the proposed new treaty. The working group included UN member states, other international governmental organisations and the International Committee of the Red Cross. It was unusual for its time in that it worked actively with many non-governmental organisations (NGOs) including Amnesty International, the Quakers, Defence for Children International and Save the Children. The first meeting was held in 1979, and the working group then generally met annually until 1988.

The United Nations Convention on the Rights of the Child

Within the UNCRC, certain rights are considered to be core principles. These are generally accepted to be:

• Article 2 – non-discrimination principle
• Article 3 – best interests principle
• Article 6 – right of children to life, development and survival
• Article 12 – views of children to be given due weight.

Overview of Provisions

The CRC articles bring together civil, political, economic, social and cultural rights in one treaty. There are 42 rights given to children under the age of 18 and they are known as articles.

A number of these rights are already articulated in the global human rights treaties (e.g. the International Covenant on Civil and Political Rights (ICCPR) and apply to children as they apply to all persons. However, the CRC makes clear beyond doubt that children are entitled to these global rights. It also in some instances adds specific provisions focusing on children, such as the expansion of Article 6 (the right to life) to impose a duty that states should 'ensure to the maximum extent possible the survival and development of the child'.

The rights articulated in the CRC can be classified in four categories. These include:

a) Protection from abuse and exploitation

• Articles 11 (kidnapping and trafficking)
• Article 19 (protection from all forms of violence)
• Article 24 (health and health services)
• Article 32 (child labour)
• Article 33 (drug abuse)
• Article 34 (sexual exploitation)
• Article 35 (abduction)
• Article 36 (other forms of exploitation)
• Article 37 (torture and detention)
• Article 38 (war and armed conflict)

b) Prevention of harm (closely linked to protection)

• Article 6 (life, survival and development)
• Article 7 (registration, name, nationality and care)
• Article 8 (identity)
• Article 25 (review of care and treatment)

c) Provision to meet basic needs – largely economic and social rights

• Article 3(3) (good standards in institutions etc for children)
• Article 6 (life, survival and development)
• Article 23 (adequate care for the disabled)
• Article 24 (right to health and health services)
• Article 26 (social security)
• Article 27 (adequate standard of living)

d) Participation in matters affecting the life of the child

• Article 12 (views of the child)
• Article 13 (freedom of expression)
• Article 14 (freedom of thought)
• Article 15 (freedom of association)
• Article 17 (access to information)

Previous provisions in legal instruments regarding children focused on the first three categories above. The inclusion of participation rights, and especially Article 12, was quite a radical new departure.

The UN Committee on the Rights of the Child

One of the main roles of the Committee on the Rights of the Child is in monitoring state reports. Under Article 44, states are to submit reports on the measures they have adopted to give effect to the UNCRC and on the progress made. These reports are to be submitted within two years of ratifying the UNCRC and every five years after that. The committee has set out guidelines for both initial reports and periodic reports.

One member of the committee acts as a rapporteur for each report, and draws up questions to be put to the country representatives who appear before the committee. There follows a public hearing, where the aim is to have a 'constructive dialogue'. After this, the committee draws up its concluding observations on the state report, in which it can make strong and detailed recommendations. The country concerned should then act on these recommendations and summarise progress in its next report.