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Transcript

  • 1. Rights of the Child 112
  • 2. Historical Perspective on Rights of Children • 1923 - League of Nations Declaration of the Rights of the Child • 1959 - United Nations Declaration of the Rights of the Child • 1978 - Working Group to Draft Convention • 1989 - CRC Adopted by General Assembly on November 1113
  • 3. Status of CRC • Came Into Effect 2 September 1990 • Almost Universal Ratification • Only 2 Countries Not States Parties14
  • 4. CRC Framework • Includes Civil & Political as well as Economic, Social & Cultural Rights • CRC Applicable at All Times to All Children in All Situations15
  • 5. CRC Has Four Sections • Preamble • Part I - substantive articles • Part II - procedures to monitor compliance • Part III - process for signature, ratification, accession and reservations16
  • 6. General Measures of Implementation • Review Reservations • Bring National Legislation into Conformity17
  • 7. Definition of a Child • Below Age 18 • No Minimum Age18
  • 8. Civil Rights and Freedoms • Name and Nationality (Article 7) • Freedom of Expression & Peaceful Assembly (Articles 13-17) • Right Not to be Subjected to Torture (Article 37 (a))19
  • 9. Family Environment • Parental Guidance and Responsibility (Articles 5, 9, 10, 18 & 27) • Illicit Transfer and Non-Return (Article 11) • Unaccompanied Minors and Adoption (Articles 21 & 25) • Psychological Recovery and Reintegration (Article 39)20
  • 10. Basic Health • Health (Article 24) • Children with Disabilities (Article 23) • Standard of Living (Articles 18 & 27) • Facilities for Treatment and Rehabilitation (Article 39)21
  • 11. Education and Leisure • Education, Including Vocational Training and Guidance (Article 28) • Education Child-Friendly (Article 29) • Leisure and Culture Provided (Article 31)22
  • 12. Special Protection • Refugee Children and Children in Emergencies (Articles 8, 22 & 38) • Juvenile Justice (Articles 37 & 40) • Protection From Exploitation (Articles 32 to 36) • Physical and Psychological Recovery, Social Reintegration (Article 39)23
  • 13. Foundation Principles • Non-Discrimination (Article 2) • Best Interests of the Child (Article 3) • Life, Survival and Development (Article 6) • Respect for the Views of the Child (Article 12)24
  • 14. Non-Discrimination All children have the same right to develop their potential regardless of race, colour, gender, caste, language, opinion, origin, disability, birth or any other characteristic. Some children need more attention than others or required special care to ensure equality of opportunity. 1425
  • 15. Best Interests • The Best Interests of the Child to be a Primary Consideration in “All Actions Concurring (Concerning) Children” • Supports a Child-Centered Approach In Actions and Decisions • Mediating Principle to Resolve Confusion Between Different Rights • Base for Evaluating Laws and Practices of States Parties26
  • 16. Right to Life, Survival and Development • State Must Take Positive Action • Access to Basic Services • Physical, Mental, Spiritual, Moral and Social Development27
  • 17. Respect for the Views of the Child • Child’s Views to be Heard, Respected and Taken Into Account • “All Matters Affecting” the Child • Weight Given in Accordance with Age and Maturity28
  • 18. Committee on the Rights of the Child • Article 43 • 10 Independent Experts in the Field of Children’s Rights • Receives States Parties’ Reports (Article 44) • Seeks Information and Input From NGOs and International Organizations (UNICEF) (Article 45) • “Concluding Observations” Include Recommendations29
  • 19. Complimentarity of CRC & CEDAW 1930
  • 20. Women’s Rights Are Human Rights • Universal Declaration of Human Rights (Articles 2 & 16) • Covenant on Civil & Political Rights (Article 3) • Covenant on Economic, Social and Cultural Rights (Article 3)31
  • 21. Special Attention to Women’s Rights • Commission on the Status of Women, 1946 • Convention on the Political Rights of Women, 1952 • Convention on the Nationality of Married Women, 1957 • Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 196232
  • 22. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) • Adopted by General Assembly, 18 December 1979 • Entered into Force on 3 September 1981 • Elimination of Discrimination Against Women in Political, Social and Economic Life • Declaration on the Elimination Violence Against Women, 1993 and Special Rapporteur, 199433
  • 23. CRC and CEDAW (I) • Based on UDHR, CCPR and CESCR • Prevent Gender-based Discrimination • Active Role for States • Importance of Family34
  • 24. CRC and CEDAW • Health and Nutrition • Education and Literacy • Protection From Violence and Sexual Abuse and Trafficking • Participation Rights35