But…. Broadly accepted as consensus of a global opinion on human rights
International Convention on the Elimination of All Forms of Racial Discrimination - Ratified by 155 States Convention on the Elimination of All Forms of Discrimination against Women - Ratified by 165 States Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment - Ratified by 118 States Convention on the Rights of the Child - Ratified by 192 States UNITED NATIONS CHARTER UNIVERSAL DECLARATION OF HUMAN RIGHTS
ON CIVIL AND POLITICAL
+ 2 Optional Protocols
- Ratified by 144 States (Jan.2000)
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR) - Ratified by 142 States (Jan. 2000)
Not always been accepted as holders of rights – sometimes as “possessions” of parents
Children have specific needs relating to their childhoods in contrast to adults … the special nature of childhood (and motherhood), recognised in the UDHR Art 26), children’s evolving capacities in UNCRC (art 5)
Often do not have the capacity to protect themselves, from abuse, from exploitation
Being “voiceless” Children have been relatively “invisible” compared to others fighting for their rights
Children’s Rights “scattered” over other HR instruments
The United Nations Convention on the Rights of the Child
Drafted over 1979-1989 .. Wide NGO involvement
Came into force 1989/1990
Almost Universal Ratification … 192/194 … the most of any Human Rights Instrument, highly “legitimising” (194/194 have signed)
A Holistic Framework covering Economic/Social/Cultural, Political/Civil Rights and Humanitarian law … more “complete” than any other human rights instrument
Defines rights that have cut across cultural, religious and other frontiers
Slide No: Division of Rights in CRC: Survival Rights : - rights to life, and needs basic to a child’s existence Development Rights : - things children need to achieve their full potential Protection Rights : - safeguards children are entitled to against all forms of neglect and abuse Participation Rights: - rights that allow children to take part in affairs that affect their lives
Slide No: CRC “Guiding Principles” Survival And Development Best interests Non-discrimination Participation Article 3 Article 12 Article 6 Article 2
Slide No: Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind , irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members
Slide No: Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
Slide No: Article 6 1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
1. “States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child .. The views of the child being given due weight in accordance with the age and maturity of the child”
Many (I)NGOs are moving towards a Rights-Based Approach – in many different forms.
The search for new approaches and the drive to bring about sustainable change in the conditions facing huge numbers of people living in poverty, have driven development NGO’s to change their practice over the years.
ICS has made a conscious decision to move towards a Child Rights Based Approach
For ICS, the shift to a rights-based approach is presented as marking a radical departure from a needs-based approach motivated by charity
There have been major shifts in thinking and practice on:
Participation (of target group)
Accountability (downwards accountability)
Advocacy (calling on different actors to take up their responsibility to bring about change)
Rights Based vs Needs Based Rights are universal, the same everywhere Needs vary according to the situation, the individual and the environment Address root causes Address symptoms Mandatory, obligations, responsibilities Voluntary, charity Complete goals (all children…) Partial goal (I.e. 80% of children….) Rights perspective Needs perspective
Identifying what rights are not realised …, researching and mapping, making visible …
Identifying why , they are not realised
Identifying who or which institution bears responsibility,
Identifying what the responsibility consists of,
Identifying the constraints and obstacles to meeting responsibilities .. Capacity .. legislative, resources, attitude, …. ?
Identifying how best to change … what strengths can be reinforced, what additional needs to be done, or done differently, who with ?
Right Holder Duty Bearer Child Has a right To an education CRC Arts 28, 29 Mother/ Father Community Teacher Child Mother/ Father Community Child has a responsibility to turn up in school, to participate, not to bully others Parents support the Child, without Discrimination, Community has a Responsibility to Ensure that children Environment supports development Child has the responsibility to voice Views to parents if problems Community has a responsibility to support parents, censuring if not Sending children Child has the responsibility take advantage of the lessons Mother/father have Duty to engage with Patent/teacher meetings Community supports teacher, holds to Account if problems In attendance Community support School environs Head teacher makes sure that parents Know their input Is necessary School Head Teacher School/ Head Teacher
In general , if duty bearers have not already achieved the objective of satisfying the due claims of rights holders, that failure will be due to some underlying and identifiable constraint or lack of capacity:
Resources - access to, and control over, sufficient financial resources, human resources, skills and institutional capacity to satisfy those claims ( CAN I ?)
Authority - state and society recognize that the duty bearer has that responsibility and have afforded the duty bearer with the authority to act. That authority may include legal, moral, spiritual or cultural responsibility. It may extend to mechanisms that provide motivation to act. (MAY I ?)
Regular (monthly) cash transfers to poor households that are caring for OVC
Conditions for receiving cash transfers are school attendance of children, attend health facilities for immunisation and growth controle and attendance of awareness sessions
Community based identification & monitoring systems
Delivery systems through post offices (other mechanisms researched)
Article 26 1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law. 2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.
Article 27 1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. 2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development. 3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing. 4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.
Conditions for the realisation of this right of children
Understanding financial implications and potential trade-offs for policy decisions
Kenya has incorporated social protection in national action plan for OVC and PRSP
Kenya will continue to enjoy technical and financial support from a wide coalition of international development partners as it struggles to fulfill the obligations it entered into when it ratified the United Nations Convention on the Rights of the Child in 1992
Social protection must be taken seriously as a potential policy option to reduce poverty of the most poor part of the population with key stakeholders such as the Ministry of Finance and the Ministry of Planning, understanding the financial implications of the programme and what the potential trade-offs are with other alternatives.
ICS can support the capacity of duty bearers on government level and community level on delivery systems (social welfare departments, community child advisors etc, through capacity building and resources support)