United nations convention rights child pdf

It mentions only a parental duty and not a right. Consequently, the issues that may affect the full enjoyment of Article 14 are aspects of major concern for the Committee. The Committee dedicates particular attention to the risk of state indoctrination of moral and religious beliefs in school systems. The Committee issued. Moreover, a provision offering stronger protection against state indoctrination is included in Article 5 1 b of the UN Convention against Discrimination in Education Article 14 of the Convention is the object of the largest number of reservations or declarations made by States Parties.

Some of these reservations or declaration are. This situation is addressed by Article 14 2. Unfortunately, little support for the interpretation of this provision can be found in the international treaties. With reference to the role of parents, in General Comment no. Bielefeldt, H. Brems, E. A commentary on the United Nations Convention on the Rights of the Child, Article The right to freedom of thought, conscience and religion.

Detrick, S. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order ordre public , the protection of public health or morals or the protection of the rights and freedoms of others.

Although there is a lack of jurisprudence differentiating association and assembly Daly, , it can be understood that the aim of associ- ation is to protect ongoing and continuing connections with others, whereas assem- bly tends to be more episodic Lawyers Committee for Human Rights U. It also covers the right to access public spaces UN Committee on the Rights of the Child, , para.

Article 15 is one of the core civil and political rights in the Convention that, together with Article 12, combine to create the concept of participation. It is, accordingly, a strong formulation and implies positive obligations on States Parties to take reasonable steps to protect this right.

Where Article 15 differs from the ICCPR is in its failure to include an explicit articulation that freedom of association extends to the right to join a trade union, although none of the limitations outlined in paragraph 2 would justify a prohibition on children so doing.

Groups of children can face direct or indirect discrimination in the exercise of Article 15 rights, including, school children, street children, children in detention, indigenous chil- dren, children with disabilities, LGBTQ children and girls. Article 2 necessitates action from States Parties to eliminate these discriminations. Article 15 rights should not be compromised by a negative interpretation of best interests UN Committee on the Rights of the Child, a, para.

While Article 3 recog- nises a duty to consider the appropriate protection of children, best interests should be never used as an overarching principle to outweigh Article 15 rights, either for children as individuals or as a group UN Committee on the Rights of the Child, a, para. Article 6 Children cannot be expected to mature into full members of society if they lack the experience of participation in public life.

Article 12 Freedom of association and assembly provide important opportunities for children to exercise their right to express their views in accordance with Article 12, including through the development of their own associations and initiatives, and increasingly through the digital environment UN Committee on the Rights of the Child, , para. When children can organise and participate in civic action, for example, it enhances their understanding of democratic processes and develops capacity for future engagement.

It also strengthens their opportunity to lobby for economic, social and political change Breen, However, Article 12 represents a right to express views, not an obligation to do so, and therefore care must be taken to avoid manipulated or coerced participation in such activities. Article 13 protects freedom of expression that is a key dimension of the freedom of association and assembly. Article 14 protects the right to freedom of thought, conscience and religion that may be a reason for association or assembly.

Article 29 elaborates the aims of education which include recognition that children must be prepared for life in a free society, including rights to freedom of association and assembly. Article 31 protects the right to play, recreation, and participation in cultural life which cannot be achieved without freedom of association and assembly. Article 32 protects children from harmful or exploitative work and, although not made explicit in Article 15, the right to freedom of association can be understood to extend to the right to form or join a trades union.

Article 37 protects children against arbitrary restriction of liberty or degrading treatment or punishment, including when exercising their right to freedom of assembly or association. It applies to the right to form or join organisations, clubs, and other forums, and covers associations which are formal and informal, one-off or continuing, face-to face or online, and for any purpose, including social, cultural, religious, educational, economic, and political Daly, , p.

The Committee has consistently argued that States Parties have obligations to facilitate and support the establishment by children of their own organisations , paras. States Parties have particular obligations to promote and protect this right, including in the digital environment, in view of the lack of traditional spaces where children can meet independently.

Accordingly, States Parties should consider guaranteeing this right in law, ensuring that legislation aligns equally to digital settings. They should also actively remove the barriers that prevent children establishing their own organisations, for example, onerous registration requirements, or restrictions on opening bank accounts or receiving funding. Although Article 15 does not expressly elaborate the right to join a trade union, the restrictions outlined in paragraph 2 do not justify any prohibition on children from either forming their own or joining existing unions UN Commission on Human Rights, ILO Conventions 87 and 98 emphasise that these rights extend to all workers, without exception.

Furthermore, Article 41, which stipulates that the standards of other international instruments should not be lowered by any provision in the Convention, lends further weight to the argument that Article 15 should be interpreted to include the right of working children to trade union rights to the same standard as that provided by the ICCPR Daly, , p.

The Committee has emphasised the imperative for children to have access to such organisations, and in particular, that children, including those under the legal age of work, must have access to mechanisms through which to negotiate for protection of their rights at work UN Committee on the Rights of the Child, , paras.

The right to freedom of assembly represents a means of public expression and is a foundation of a democratic society Liberty, It includes any peaceful protest marches, public and private meetings, or press conferences. Children themselves have highlighted that the public visibility and networking opportunities in the digital environment can support forms of child-led activism and empower them as advocates for their rights UN Committee on the Rights of the Child, The Committee has expressed concern over the decreasing tolerance of children in public spaces, particularly street children, who are widely denied the right to meet in public spaces without threat, harassment or removal.

It has also highlighted their vulnerability to exploitative measures requiring or manipulating them into participation in protests or gatherings UN Committee on the Rights of the Child, , para. Article 15 explicitly extends to the right to choose not to take part in an assembly. States Parties should take action to facilitate and empower all children to exercise their Article 15 rights positively, including by promoting the creation of channels for child-led activism online, and to be able to challenge co-option and manipulation by adults UN Committee on the Rights of the Child, Action should also be taken to establish the right to freedom of assembly in law and to remove barriers, such as age limits for participation in public demonstrations.

In addition, in view of the vulnerabilities of children associated with their age, States Parties should guarantee children appropriate protection when exercising their right to peaceful assembly Daly, , pp.

The restrictions on the exercise of Article 15 rights imposed in paragraph 2 are identical to those in equivalent international treaties. In other words, civil and political rights should not be marked out as subject to particular parental scrutiny, and States Parties should not seek to impose addi- tional limitations on children in the exercise of Article 15 rights Daly, Furthermore, any restrictions imposed must be necessary for a legitimate purpose, not be overbroad, be the least intrusive instrument possible for achieving their protective function, be proportionate to the interest to be protected and entail individual rather than collective assessment UN Committee on the Rights of the Child, , para.

Breen, C. Article The rights to freedom of association and peaceful assembly. Daly, A. A commentary on the United Nations Convention on the Rights of the Child, Article The right to freedom of association and to freedom of peaceful assembly. Kaye, D. Kiai, M. Lawyers Committee for Human Rights U. The neglected right: Freedom of association in international human rights law.

Lawyers Committee for Human Rights. Right to protest. Nowak, M. Summary record of the th meeting, held at the Palais des Nations, Geneva, on Friday: Consideration of the reports of states parties: Korea. Day of general discussion: Protecting and empowering children as human rights defenders. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

The child has the right to the protection of the law against such interference or attacks. They should not read our diaries and not answer our phone calls.

Africa Government should pass a law banning unnecessary surveillance on the children. Eastern Europe Training for students as to how to protect their privacy in social media, and the impact of data mining. Eastern Europe. Whalen gnb. The nexus between Articles 16 and 17 is therefore an important one. Eventually, it was agreed to include the right, as with other civil and political rights, following the text of the International Covenant on Civil and Political Rights as faithfully as possible.

Article 2 The relationship between privacy rights and liberty interests, for instance those in Articles 6, 12, and 13 through to 17, is stronger than with equality interests and yet privacy rights of children intersect with the non-discrimination principle in Article 2 in important ways.

The Committee, however, has sought to dissuade governments from this view and has insisted that the best interests principle has to be applied in a manner consistent with the provisions of the Convention as a whole , para. The framers of the Convention were concerned that a strong right to privacy might infringe on parental authority, and accordingly, the provision initially included a limitation to safeguard parental authority.

That limitation was eventually removed and recast as Article 5 Detrick et al. Lawrence Lessig, like most American constitutional scholars, takes a different view and demonstrates how in an information age privacy must be protected as a foundational human rights norm Children can choose not to express themselves, and in so doing are exercising a right to privacy. When children do express their opinions and views in decisions affecting them, they are entitled to a reasonable expectation of privacy.

Bragg Communications Inc. Article 20, children in alternative forms of care must have their privacy rights respected. One of the core values protected by the right to privacy is the right to be left alone, or the right to solitude.

Janusz Korczak, for example, highlighted that even children in an orphanage, with dormitories and very limited privacy, needed a private space, be it a drawer or a suitcase to keep their more prized possessions, a place that would be only theirs , p. It must be shown that the privacy infringement was not dispropor- tionate to the legitimate aims sought and constituted the least intrusive means of securing those legitimate aims Electronic Frontier Foundation, Consent-based schemes for the collection of such data may also infringe on privacy.

Article 16 also deals with spatial or territorial privacy and informational privacy which is given a very broad reading by the Committee, as it is in other constitutional law texts and human rights treaties Hodgkin et al. The text is broad enough to encompass a trespass to property or to a family member, and. Dyment [] 2 S. Plant [] 3 S.

It also protects their relationships with family. For example, attempts at alienating a child from one of their parents or siblings could constitute a privacy rights violation Kilkelly, , pp. In jurisdictions subject to the European Convention on Human Rights, the privacy rights of children are frequently invoked in child protection matters.

Privacy experts maintain that we are moving from an information age to an economy founded on reputation Lessig, ; Swallow, Article 16 rights protect children from traditional harms such as libel, slander, and misappropriation of their image.

The Committee, for example has pointed to the vulnerability of street children to unlawful attacks on their honour and reputation , paras. The Human Rights Committee has argued that States Parties have to balance the rights embodied in Article 16 with the right to freedom of expression, but at the same time they also have an obligation to enable individuals to protect themselves from unlawful attacks and to have an effective remedy against those responsible UN Human Rights Committee, , para.

Data monitoring and measurement of child privacy standards requires more than the simple proclamation of the rights to privacy. There must also be programmes to dissuade the public from these practices, to sanction them, and to provide recourses and remedies to victims of bullying and other privacy violation United Nations, , p.

ID Social Science Research Network. Electronic Frontier Foundation. Lafollette Eds. Global Privacy Assembly. Implementation handbook for the convention on the rights of the child 3rd ed. Information and Privacy Commissioner of Ontario. Guidelines for the use of video surveillance.

The right to respect for private and family life: A guide to the implementation of Article 8 of the European Convention on Human Rights Council of Europe Publishing.

Code: And other laws of cyberspace, version 2. Basic Books. Lessig, L. Sharing economies. The Mindful Word. Better Internet for Kids. Privacy, protection of personal information and reputation rights. Surveillance technologies and children. California Law Review, 48 3 , — The rise of the reputation economy. Article The right to protection of privacy, family, home, correspondence, honour, and reputation.

Day of general discussion: The child and the media. Child safety online: Global challenges and strategies. Technical report. Child privacy in the age of web 2. Privacy and freedom. States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.

It places a duty on States Parties to ensure general access to information and material from a diversity of sources, rather than guaranteeing access to each individual child. It also places emphasis on sources of information aimed at promoting well-being, and physical and mental health. Article 6 The overall focus of Article 17 is directed towards promotion of well- being and therefore in line with the obligation to ensure to the maximum extent possible the development of the child.

Article 12 Access to information, including through the mass media, is necessary is to enable children to express their views effectively UN Committee on the Rights of the Child, , paras. In addition, Article 12 implies an obligation to provide children with opportunities to contribute to the development of media initiatives UN Committee on the Rights of the Child, Article 13 protects freedom of expression that is contingent on the right to informa- tion through a diversity of sources.

Article 14 protects the right to freedom of thought, conscience and religion, the exercise of which requires access to information from a wide variety of sources. Article 16 protects the right to privacy that can be threatened through the media, particularly in the context of the digital environment.

Article 18 provides that parents have primary responsibility for the care of children. In so doing, they are key to ensuring that children have access to informa- tion and to protecting them from harmful exposure. Article 19, together with Articles 34 and 36, provide the right to protection from exploitation including in the media. Article 24 provides for the right to the best possible health.

The mass media are a key source of potential information relating to health and well-being. Article 29 elaborates the aims of education which include recognition that children must be prepared for life in a free society and plays a key part in enabling children to access information.

Article 42 requires that States Parties make the provisions of the Convention widely known, including through mass media.

Article 17 implies that States Parties must ensure all children have access to communications from a diversity of mass media sources including from both public and private sectors.

Diversity of sources is the means through which to achieve the goal of diversity of information UN Committee on the Rights of the Child, b, para. Sacino, Article 17 does not impose duties on States Parties to provide information itself or to control the output of information or communications. Doing so would interfere with freedom of expression. Rather, it is to ensure an environment in which the diversity of mass media sources is made available. For example, this necessitates measures to avoid an over-concentration of private ownership of mass media.

In the context of the obligation to ensure diversity from international as well as national sources, this also implies encouragement by joining or supporting organisations such as UNESCO or other regional bodies. Whereas Attribute One focuses on the diversity of mass media, Attribute Two focuses on content.

Article 17 emphasises the role of mass media in ensuring the provision of information and material aimed at the promotion of social, spiritual, and moral well-being and physical and mental health. Information through mass media needs to be available, relevant, and accessible for children, in all environments and settings, through language, outreach, age, and formats. In addition, States Parties should encourage opportunities for children to have direct access to the media as active participants and initiators, as a means of exercising their Article 12 rights, and to promote their optimum development.

Children should not only be able to consume information material but also to have access to opportunities to participate themselves in the media UN Committee on the Rights of the Child, , a, para. Article 17 paragraph e requires that States Parties encourage the development of guidelines for the protection of children from material harmful to their well-being.

In this context, the nature or level of protection must be assessed with regard to the best interests of children, taking into account their evolving capacities and level of maturity UN Committee on the Rights of the Child, c. Notably, the language of encouragement implies not that States Parties themselves undertakes this task, but that they encourage others to do so.

Furthermore, by referring to guidelines, it implies voluntary rather than legislative controls Hodgkin et al. Importantly, it references Articles 13 and In other words, it can be understood that any controls over censorship of the mass media would rely on the limitations imposed in Article 13 paragraph 2, rather than on Article The reference to Article 18 implies that it is primarily parents rather than the state who have responsibility for ensuring the protection of children from inappropriate or.

However, the Committee has repeatedly raised concerns about easy availability of inappropriate or offensive material and recommended that States Parties take all necessary measures to limit exposure of children, particularly in the digital environment, and protect them from such material , b, para.

The Committee has also argued that States Parties should facilitate the involvement of children themselves in the development of protective guidelines a. States Parties should also adopt measures to support and empower children to understand the risks and adopt strategies to avoid harm. Legislative history of the convention on the rights of the child. A commentary on the United Nations convention on the rights of the child, article Access to a diversity of mass media sources.

Article The mass media and children: Diversity of sources, quality of content, and protection against harm. General recommendation no. The Convention on the Rights of the Child the Convention , in its recognition of the child as a subject of rights, has challenged many common assumptions about the status of the child within the family.

At the time of its adoption and subsequently, concerns have been expressed by some that in recognising the child as an individual subject of rights, parental capacity to provide appropriate protection and care is diminished Fagan However, although the Convention demands a culture of respect for the rights of children, within families as well as in the wider society, this does not undermine or diminish the role of parents.

Indeed, the Committee on the Rights of the Child the Committee has argued consistently that the Convention actively strengthens family life , p. While its overall focus is clearly on the rights of the child, many of the rights it embodies elaborate a central role for parents as key players in the realisation of those rights. A close reading of the Convention, together with the concluding observations of the Committee, serve to highlight that, far from side-lining them, it acknowledges parents and other caregivers from four important and distinct perspectives.

First, families are fully recognised as playing a unique and vital role in the lives of children. The preambular statement includes reference to the family as the funda- mental group of society and the natural environment for the growth and well-being of its members. It stresses that children should grow up in a family environment, in an atmosphere of happiness, love, and understanding.

Parents are afforded rights and responsibilities in respect of their children, with a presumption of non-interference. Third, the Convention introduces explicit obligations on States Parties to provide the necessary institutions, services, support, and facilities to families to enable them to care adequately for their children. Thus, for example, Article 18 expressly recognises both parents as having the equal and primary responsibility for the upbringing of their child, but also requires the state to provide assistance to parents in their child-rearing responsibilities, and to make available institutions, facilities, and services for the care of children and childcare services for working parents.

Finally, the Convention introduces obligations on States Parties to take measures that proactively protect the rights of families, through measures that strengthen and support the inter-relationships between family members.

This commitment is expressed in Article 9 4 , which requires that where a parent or child is separated from the family as a result of actions of the State Party, including detention, imprisonment or exile, the State Party must provide information about their where- abouts, and ensure that in so doing, no adverse consequences are entailed for the person concerned. Furthermore, where a child lives in a different state from his or her parents, states must allow the child or the parents to leave or enter the country in order to maintain contact.

Articles 20, 21, and 25 address the obligations on States Parties to ensure appropriate and quality provision is made for these children, consistent with their best interests. This part explores these rights and responsibilities and how the Convention reconceptualises the relationship between the child, the family, and the state.

Fagan, P. How U. Accessed 6 November Pais, M. States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally respon- sible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

Have a closer follow-up. It underwent radical transformation during the Convention drafting process. Parental guidance, accordingly, must be appropriate, and directed towards the exercise by the child of the rights contained in the Convention. It thereby affords the state a role in protecting the child in line with the rights embodied in the Convention. Article 2 The evolving capacities principle must be applied without discrimination.

The Committee has consistently argued, for example, that there must be no discrim- ination in the setting of minimum age limits between boys and girls , para. It also highlights that children with disabilities can experience over-protection, leading to denial of both recognition of evolving capacities and opportunities to acquire increasing autonomy, and requires States Parties to adopt measures to address both direct and indirect discrimination in that regard a.

Article 3 The rights and duties of parents derive from their responsibilities to act in the best interests of the child. While all rights in the Convention apply to all children, Articles 5 and 12 testify to the importance of acknowledging that the nature of implementation, and that the active role of children in the realisation of rights, will vary in accordance with evolving capacities.

The concept of evolving capacities is relevant to the exercise of all rights but has particular relevance in respect of the following articles. Article 14 requires that parents provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

Article 18 recognises the principle of parental responsibilities for bringing up their children. This focus is consistent with the emphasis in the Convention of the family as the fundamental group of society, the natural environment for growth and well-being, and the need for necessary protection and assistance to enable families to assume their responsibilities UN Committee on the Rights of the Child, , para.

Article 5 extends responsibilities, rights and duties, where applicable, to other members of the extended family or community where they are recognised by local custom, as well as legal guardians and other persons legally responsible for the child, thereby acknowledging that children can be cared for through many different arrangements. Whatever form of family is recognised in a given society must be afforded the protections embodied in Article 23 of the International Covenant on Civil and Political Rights by the State Party United Nations, , p.

They derive from the obligation to act in the best interests of the child and to enable the exercise by the child of their rights. First, it must be appropriate. In this context, appropriate direction and guidance necessitates that it is provided in a manner consistent with the rights embodied in the Convention.

Accordingly, parents cannot treat the child in ways that would serve to violate or neglect their rights, nor justify such behaviours on grounds of traditional cultures UN Committee on the Rights of the Child, , paras. The Committee has emphasised the importance of ensuring the balance between parental authority and the rights of the child a, p.

States Parties must provide legislative and policy frameworks to ensure protection of the child from violations of their rights within the family. The Committee has encouraged States Parties to provide comprehensive support and education programmes to promote this understanding of parenthood , paras. It recognises the child, irrespective of age, as an active participant in their own development, entitled to be afforded opportunities for the gradual acquisition of greater autonomy UN Committee on the Rights of the Child, , para.

It avoids the need for imposition of arbitrary universal age limits and acknowledges that the child must be respected to take increasing levels of responsibility consistent with their capac- ities. Legislative history of the convention on the rights of the child Vol. Implementation Handbook for the Convention on the Rights of the Child 3rd ed. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and proce- dures, that such separation is necessary for the best interests of the child.

In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the pro- ceedings and make their views known. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death including death arising from any cause while the person is in the custody of the State of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member s of the family unless the provision of the information.

States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person s concerned. Through the. The Committee has often warned against overrepresentation of indigenous children and minority chil- dren in systems of state care or juvenile detention , paras.

Article 5 is a corresponding responsibility on parents to provide guidance and direction to their children.

Article 8 protects the right to preservation of identity, including family relations and to be reconnected with family if these relations are disrupted.

Article 18 recognises the common responsibilities of both parents with appro- priate State supports for the upbringing and development of the child. Article 37 concerns the rights of children deprived of liberty to maintain contact with family. UN Universal Declaration of Human Rights , Article 16, proclaims the right of men and women to marry and found a family, and establishes the family as the natural and fundamental element of society.

UN Convention on the Rights of Persons with Disabilities , Article 23 4 , protects the parent-child relationship in relation to both disabled parents and disabled children.

Article 9 1 gives two examples of when separation is necessary, in child protection matters and upon divorce or separation of the parents, but these are merely illustrative. Other examples of situations where separations occur and where the standards of necessity and best interests should be applied include situations where children are hospitalised for lengthy periods UN Committee on the Rights of the Child, a, paras.

See Concluding Observations to Mexico c, para. The requirement in paragraph 2, that all interested parties be given the opportunity to participate and make their views known in these determinations, is a further aspect of this attribute of due process UNICEF, , p. The concluding observations provide guidance with respect to who is a competent authority UN Committee on the Rights of the Child, a, paras.

The Article also requires State Parties to enact clear laws and procedures to regulate such determinations. Civil administrations should take special measures to promote relations and personal contact with parents by all appropriate means, including visitation, with or without supervision, and joint custody but also through telecom- munications and social media. Article 9 only proposes minimum rules to guard against state impunity in the face of forced separations of parents and children UNICEF, , p.

Other international standards help complete State Party obligations in this regard. For instance, where children are detained, they have a right to be informed at the earliest possible time of any death or serious illness or injury of their family members UN General Assembly, , para.

African Union. Article 9: The rights not to be separated from parents. Lord the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities27 were adopted as a blueprint for policy-making and to provide a basis for technical and economic cooperation among states.

The Standard Rules establish a monitoring mechanism through the appointment of a Special Rapporteur who reports to the Commission on Social Development. Compare, e. Hathaway, The Cost of Commitment, 55 Stan.

See U. GAOR, 42nd Sess. See Declaration on the Right to Development, G. GAOR, 41st Sess. Lord melds civil and political rights with economic, social, and cultural rights.

Lord of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms.

See generally Michelle A. See Standard Rules, supra note 27, at para. See, e. These include physical, technological, information, communication, economic and social accessibility. Other, more progressive concepts set forth in the Convention may in time contribute to the crystallization of customary international law in this context.

Article 4 3 of the Convention makes consultations with disabled persons and their representative organizations a general obligation and is reinforced by the inclusion of participation as a general principle of the Convention in Article 3. NGO participation is implicitly provided for in the monitoring process, insofar as the Convention requires States Parties to include civil society in the monitoring process at the national level.

Id at art. Moreover, Article 34 3 calls on States Parties to consider consultations with NGOs in the formulation of Committee member nominations as well as in the preparation of reports Article 35 4.

See also id. The Convention can also provide the much needed impetus for wider cultural changes in the way that the world perceives disabled people. Legal Stud. Scott, ed. Moreover, while persons with disabilities were in theory possessed of full and equal human rights under existing United Nations core human rights treaties, recall that in practice these protections were only rarely asserted and even more rarely recognized.

GAOR, 3d Sess. Download PDF. A short summary of this paper. However, despite the existence of these rights, children suffer from poverty, homelessness, abuse, neglect, preventable diseases, unequal access to education and justice systems that do not recognize their special needs. The Convention introduced the latest universal standards for implementation of the rights of children in the world and in each country.

It is made up of 51 articles and has been consented to by almost every country of the world except the USA, Somalia and the new nation of South Sudan. The coming into being of the Convention is in agreement with the ideologies proclaimed in the Charter of the United Nations, knowing the essential self-worth and of the equal and indisputable rights of all members of the human family. The Convention may be seen as a good document because it seeks to address the four main primary and key principles emphasizing the promotion and protection of the welfare of the child.

It groups the rights of the child under the following main pillars: the right to survival, the right to development, the right to protection and the right to participate. The United Nations Convention on the Rights of the Child recognizes the child as the bearer of rights rooted in a binding international instrument encompassing of various categories of rights including protection and participation rights.

This is a principle that all human rights treaties contain and underscores an obligation to provide equal rights and opportunities to all human beings. This principle emphasizes the need for the impact of all actions on children to be assessed in advance. For instance Articles 2, 12, 13 14, 15 16, and 17 are focused on Non-discrimination; opinion of the child, freedom of expression; freedom of thought, conscience and religion; freedom of association; Right to privacy and Access to information; mass media.

For instance Articles 24, 25, 26, 27, 28, 31 are also dedicated to Health and health services, Social security, Adequate standard of living, Education and Leisure, Recreation and Cultural needs of the child. This is exemplified in Articles 4, 5, 11, 18, 19 which are on the Implementation, Parental guidance, Parental Responsibilities, Protection from abuse and neglect. For instance Articles 22, 23 and 38 gives credence to the rights of Refugee children, Children with Disabilities, Children in Armed conflicts.

Implementation and monitoring measures — Articles These articles discuss how governments and international organizations should work to ensure children are protected in their rights. The United Nations proclaims that the Convention is legally binding on those states that have approved it. This has gone a long way in protecting the rights of children across the world. Serves as a Guiding Document for Children The Convention on the Rights of the Child has become a guiding document for every human being in every nation in dealing with children.

The Convention has really lived up to its resolution for which it was created. The fact that the Convention recognizes that children have special needs which were not expatiated in the guiding document UDHR and other UN Conventions and Treaties is an achievement and it strength. With the exclusion of fewer countries like the United State, Somalia, and a new nation South Sudan who have not ratified it, in every region of the world, from Angola to Andorra, Ghana to Guyana, Brazil to Burkina Faso, the Convention on the Rights of the Child has stimulated changes in local, national regional laws and practice that have improved millions lives of Children.

These standards or principles are: non-discrimination; best interests of the child; right to life, survival and development and the views of the child. It recognizes the child as the bearer of rights entrenched in a binding international instrument comprising of various categories of rights including protection and participation rights. Despite the inadequacies in the process of drafting the Convention on the Rights of the Child, this Convention is reliable with principles in the Universal Declaration and international human rights law IHRL.

It is by far the most thorough and comprehensive in terms of rights recognized, as opposed to the category of persons covered of all existing international human rights instruments. It can be asserted to challenge socio-cultural views that conflict with the rights of the child such as attitudes concerning Children with disabilities, parental rights and obligations towards their children and the definition of a child: it has heightened protection for children with disabilities, refugee children, among others.

The Convention changed the way children are viewed and treated — i. But with the coming into being of the Convention, many countries are giving attention to education in their various national constitutions thereby ensuring that children are able to access, afford and enjoy quality education. By encouraging education internationally, the Convention seeks to improve the quality of life of all of the world's people.

In spite of these, there still exist many children not having access to school due to its non-affordability.