Highlights of the UN Convention On the Rights of the Child

1. Module Two Highlights of the UN Convention On the Rights of the Child

2. This Module introduces the background, status and content of the Convention. It will familiarize you with its key principles: their universality, indivisibility and interdependence. Introduction to the UN Convention on the Rights of the Child

3. Learning Objectives • Describe the four basic principles underlying all rights in the Convention • Differentiate rights that apply only to children from rights that apply to adults, as well as to children, and those that apply only to adults • Identify the types of rights contained in the UN Convention on the Rights of the Child 4. Identify three ways of overcoming barriers to full rights for all children

4. What is the Convention?

5. The Six United Nations Human Rights Treaties • International Covenant on Civil and Political Rights (1966) • International Covenant on Social, Economic and Cultural Rights (1966) • International Convention on the Elimination of All Forms of Racial Discrimination (1966) • Convention on the Elimination of All Forms of Discrimination Against Women (1979) • Convention against Torture, and other Cruel, Inhuman and Degrading Treatment (1984) • Convention on Rights of the Child (1989)

6. Social Rights Economic Rights Cultural Rights Protective Rights Civil and Political Rights These rights are indivisible and universal. There is no hierarchy of rights. What Rights does the Convention Contain?

7. Article 2. All the rights in the Convention apply to all children without discrimination on any grounds. Article 3. In all actions affecting children their best interests must be a primary consideration. Article 6. All children have the right to life and optimal survival and development. Article 12. All children capable of expressing a view have the right to express that view freely and to have it taken seriously in accordance with their age and maturity. Underlying Principles in the Convention on the Rights of the Child

8. Rights that extend to BOTH children and adults Rights that extend to adults, but NOT to children Rights that extend ONLY to children Human Rights Fall into Three Broad Groups

9. Many rights recognized in international law are also included in the Convention, thus explicitly asserting that they apply equally to children, as well as to adults. These include the following rights: Life Freedom of expression Education Due process before the law Non-discrimination Rights that Apply to Children AND Adults

10. Children do not have these rights: To vote Autonomy to take decisions independently of those who have responsibility for them To the adult right to self-determination 2. Rights of Adults that Do NOT Extend to Children

11. Additional rights exist for children that reflect their need for special protection because of their youth, vulnerability, and developing status. Included are these rights: To play To have their best interests given primary consideration To protection from abuse and exploitation To alternative care when families cannot provide it 3. Rights that Apply ONLY to Children

12. What Does the Convention Do?

13. Promote a philosophy of respect for children Recognizes children as subjects of legal rights Challenges traditional views of children as passive recipients of care and protection Insists that children are entitled to have their needs met and thereby imposes obligation on adults What does the Convention Do

14. Implement the Convention’s rights without discrimination for all children Make the Convention widely known to both children and adults Report regularly to the Committee on the Rights of the Child The Convention Requires that Governments

15. Social rights Economic rights Protective rights Cultural rights Civil and Political rights Types of Rights Contained in the Convention

16. Social rights. The right to life and optimal survival and development, to the best possible health and access to health care, to education, to play, to family life unless not in the child’s best interests Economic rights. The right to an adequate standard of living for proper development, to benefit from social security, the right to protection from economic exploitation Examples of Social and Economic Rights Contained in the Convention

17. Protective rights. The right to promotion of the child’s best interests, to protection from sexual exploitation, from armed conflict, from harmful drugs, from abuse and neglect, the right to rehabilitative care following neglect, exploitation or abuse Cultural rights. The right to respect for language, culture and religion, to abolition of any traditional practices likely to be prejudicial to the child’s health Examples of Protective and Cultural Rights Contained in the Convention

18. Civil and political rights. Examples are the rights: to be heard and taken seriously to freedom from discrimination in the exercise of rights on any grounds to freedom of expression to privacy to information to respect for physical and personal integrity to freedom from all forms of violence, or cruel, inhuman or degrading treatment Examples of Civil and Political Rights Contained in the Convention

19. Activities

20. Activity 2.1 Exploring the Concept of Rights for Children

21. This exercise is designed to encourage you to explore the concept of rights for children, what those rights are and to reflect on how different rights are treated in respect of children. Activity 2.1

22. 1. What rights do you think are violated or neglected for children in your country? 2. Are there particular groups of children who are more discriminated against in the exercise of their rights?   3. Are there any groups of rights that are complied with less than others? Why do you think that might be?  4. How does the concept of the best interests of the child inform the work of health professionals? Activity 2.1. Consider as many questions as time allows

23. Is there agreement in your community as to whether the right to protection from all forms of violence is respected? Is there agreement in your community as to whether children are listened to and taken seriously? Is there consensus about how far certain groups of children are discriminated against in the exercise of their rights, such as girls, disabled children or minority groups? 1. Are there shared perceptions about the extent to whichrights are complied with or violated? Discussion Questions

24. Is it governments who are breaching those rights? Is it parents? Is it professionals working with children—doctors, teachers etc? Is the disrespect active or passive? Are children’s rights being breached by default—through lack of awareness or resources, or through active repudiation of those rights? 2. If rights are not being respected, where does the problem lie? Discussion Questions

25. If so, how does this impose these requirements? If not, is it a concept that is implicitly applied in respect of service delivery? How do we know it is being applied consistently? Can you think of examples where the principles of “best interests of the child” ought to apply but does not? 3. Is there explicit legislation requiring professionals to consider the best interests of children? Discussion Questions

26. Activity 2.2 Barriers to the Best Possible Child Health

27. Barriers to the Best Possible Child Health This exercise is designed to highlight how accomplishing the best possible health requires meeting a breadth of children’s rights.

28. Consider the following 2 issues: 1. Identify and list barriers to the implementation of the right to the best possible health for any group of children. 2. Next, identify ways of overcoming each of the barriers listed. Activity 2.2Barriers to the Best Possible Child Health

29. Examples of Barriers

30. Parents’ and children’s lack of information about how to protect children’s health Child poverty Discrimination against certain groups of children Politicians’ failure to prioritize children’s health Resistance towards changing attitudes and practices toward children’s health and child rearing Invisibility of children Lack of democratic traditions Barriers to Children’s Right to the Best Possible Health

31. Introduce protective legislation Monitor implementation of the Convention Give priority to making environments child friendly Scrutinize national budgets Run public information campaigns Develop informed and effective public policy Ways of Overcoming Barriers to Children’s Rights to the Best Possible Health

32. Commentary

33. Commentary • Commonly Asked Questions about the Convention • Concern for Parents Rights • Successes of the Convention • An Emerging View of Children

34. Q1: What happens if governments violate children’s rights? Answers: Violations continue in every country in the world. There are no real sanctions established by the Convention for these violations. The tools for change include dialogue, international pressure and exposure, enhanced understanding of children’s rights and means of protecting them. Commonly Asked Questions about the Convention

35. Q2: Can children have rights without responsibilities? Answers: Rights are not contingent on the exercise of responsibilities. Social, economic and protection rights are unconditional. Civil and political rights carry reciprocal responsibilities but are not predicated on the exercise of those responsibilities. Children learn to respect the rights of others through respect for their own rights. The Convention recognizes children’s evolving capacity to exercise rights as they grow older. Commonly Asked Questions About the Convention

36. Q3: Is the Convention anti-family or anti-parent? Answers: The preamble of the Convention, as well as many of its articles emphasize that growing up within a caring family environment is crucial to children’s healthy development. The Convention recognizes parental rights and responsibilities to provide direction and guidance to their children. Parental rights and responsibilities exist in order to protect and promote children’s rights. The Convention promotes a culture of respect for children in families through listening to them and taking them seriously. The Convention does not diminish or undermine the role of parents, but it does imply a more open democratic approach to child rearing. Commonly Asked Questions About the Convention

37. Q4: Can the Convention achieve progress without any real teeth? Answer: There are no magic wands to bring an end to violations of children’s rights. However, since the Convention came into force in 1989, much progress has been made at all levels of society. Commonly Asked Questions About the Convention

38. Article 5 recognizes parental rights and duties to provide direction and guidance to children. Article 9 stresses the right of children not to be separated from their parents unless necessary for their best interests. Article 18 stresses the obligations of governments to provide support to parents in order to help them fulfill their role of promoting and protecting their children’s rights. Concern for Parental Rights

39. Establishes an opportunity to engage in constructive dialog with governments Establishes a mechanism to heighten awareness and understanding about rights Establishes a tool for exerting pressure on governments Successes of the Convention

40. Children’s ombudsmen have been employed to monitor and facilitate consideration of children’s issues through legislation. Internationally, there is greater awareness of and commitment to end the exploitation and discrimination of children, in particular girls. Many countries and communities have implemented strategies to engage children in decision making. Successes of the Convention

41. The Convention encourages a culture of respect for children within communities and families. Children must be listened to and their views taken seriously. There is increasing recognition given to children’s abilities to make decisions for themselves as they grow older. Parents must consider their children’s best interests when making decisions that affect them. Recognition is given to the fact that children’s interests will not always coincide with those of their parents. The Convention Establishes an Emerging View of Children

42. Key Points

43. The Convention on the Rights of the Child defines the full range of children’s needs and provides a practical framework for addressing these needs in an integrated and holistic way, by fulfilling their rights. It poses a challenge to traditional approaches to children that view them as incompetent, passive objects of adult protective care. Instead, it acknowledges children as both capable and entitled to active participation in decisions that affect their lives. Key Points in Module 2

44. It is legally binding on all countries that have ratified it. Governments are required under international law to take all necessary measures to implement its provisions. It provides a universal set of standards against which to measure and improve the treatment of children. There are no formal sanctions that can be brought against governments for failing to comply with its provisions or the process of reporting to the Committee on the Rights of the Child. Key Points in Module 2

45. It is nevertheless an invaluable mechanism for monitoring how a government is complying with extending rights to children. It provides an opportunity for all those involved in children’s health and well being to work together toward improving standards. Full implementation of the rights contained in the Convention would herald a fundamental change in the status of children in all societies in the world and ensure their optimal health and development and fulfillment of potential. Key Points in Module 2