What specialist rights are children granted and, in some cases, denied?
Defining the Child
The United Nations Convention on the Rights of the Child (UNCRC) is a landmark document that has significantly shaped the understanding of children’s rights within the broader context of human rights. Adopted in 1989, the UNCRC provides a comprehensive framework for the protection and promotion of children’s rights.
Article 1 of the Convention defines a ‘child’ as any person below the age of 18 years, unless the age of majority is attained earlier under national legislation. Article 4 of the UNCRC emphasizes the principle of the ‘best interests of the child,’ which serves as a guiding principle in the interpretation and implementation of the Convention.
The UNCRC has been widely ratified, with 196 countries currently party to the Convention. This near-universal ratification demonstrates the global consensus on the importance of children’s rights and the need for a comprehensive legal framework to protect them. The Convention has also inspired the development of national laws and policies aimed at promoting and protecting children’s rights, as well as the establishment of institutions dedicated to monitoring and enforcing these rights.
Children's Education
The Convention on the Rights of the Child (CRC) recognizes education as a fundamental right for all children, as outlined in Articles 28 and 29. Article 28 emphasizes the need for compulsory and free primary education, accessible secondary education, and higher education that is available to all based on capacity. Article 29 states that education should be directed towards the development of the child’s personality, talents, and mental and physical abilities, and should foster respect for human rights, the child’s own cultural identity, language, and values, as well as the cultural background of others.
The CRC’s provisions on education have inspired numerous initiatives and policies aimed at ensuring that all children have access to quality education, regardless of their circumstances. The United Nations’ Sustainable Development Goal 4 is a global commitment to education, demonstrating the importance of this right within the broader context of human rights and the need for continued efforts to ensure its realization for all children.
Child Labor
Child labor is a global issue that affects millions of children, depriving them of their rights to education, health, and protection.
To address this, the International Labour Organization (ILO) established the International Programme on the Elimination of Child Labour (IPEC) in 1992. IPEC works with governments, employers, workers, and civil society organizations to develop and implement policies and programs that prevent child labor and protect the rights of affected children. The ILO has also adopted several conventions that specifically address child labor, such as the Minimum Age Convention (No. 138) and the Worst Forms of Child Labour Convention (No. 182).
Despite these developments, the ILO found, in its 2020 Child Labour Global Estimates report, that the number of children in child labour had risen to 160 million, the first increase in two decades. A warning as to the potential plight of a new generation of children.
Children in Armed Conflict
The United Nations has recognized the unique vulnerabilities of children in armed conflict and established the mandate of the Special Representative of the Secretary-General for Children and Armed Conflict in 1996.
This mandate aims to promote the protection of children affected by armed conflict and ensure their rights are respected and upheld. The Special Representative works closely with various UN entities, governments, and civil society organizations to monitor and report on grave violations against children in armed conflict. The United Nations has also developed a range of tools and mechanisms to address the impact of armed conflict on children, such as the Monitoring and Reporting Mechanism (MRM) and the Security Council Working Group on Children and Armed Conflict.
Child Soldiers
UNICEF’s “Children, Not Soldiers” campaign is a global effort to raise awareness about the plight of child soldiers and to mobilize support for their protection and reintegration into society. The campaign highlights the need to address the root causes of child recruitment, such as poverty, lack of education, and social exclusion, as well as the need for psychosocial support and rehabilitation for former child soldiers.
The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC) is an important legal instrument for the protection of children from recruitment and use in hostilities. It requires states to take all feasible measures to ensure that children under the age of 18 do not take a direct part in hostilities and to criminalize the recruitment and use of children by non-state armed groups.
The issue of child soldiers is a stark reminder of the devastating impact of armed conflict on children and the urgent need for concerted efforts to protect their rights. By raising awareness, strengthening legal frameworks, and supporting the rehabilitation and reintegration of former child soldiers, the international community can help ensure that children are not forced to bear the burden of war and can instead grow up in a safe and nurturing environment.
Child Trafficking
Child trafficking is a form of modern-day slavery. According to the United Nations, children account for 27% of all human trafficking victims worldwide, with two-thirds of them being girls. The United Nations’ Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, also known as the Palermo Protocol, is a key instrument in the fight against child trafficking. It requires states to criminalize trafficking, protect and assist victims, and promote international cooperation in combating this crime.
Efforts to combat child trafficking must focus on prevention, protection, and prosecution. Prevention strategies include raising awareness about the risks and consequences of trafficking, strengthening legal frameworks, and promoting social and economic development to reduce vulnerability. Protection measures involve providing assistance and support to victims, including shelter, healthcare, and legal aid. Prosecution efforts are crucial in holding traffickers accountable and deterring future crimes. This requires effective law enforcement, cross-border cooperation, and the provision of adequate resources and training for relevant authorities.
Children with Disabilities
The Convention on the Rights of Persons with Disabilities (CRPD) is an important instrument that protects the rights of children with disabilities, and ensures that children with disabilities are not left behind. Article 7 of the CRPD requires states to take all necessary measures to ensure the full enjoyment of human rights by children with disabilities, on an equal basis with other children. This includes the right to express their views freely on matters affecting them, with importance given to their age and maturity, and the right to access inclusive education, healthcare, and social services.
The CRPD also emphasizes the importance of raising awareness about the rights and needs of children with disabilities, as well as promoting their inclusion and participation in all aspects of society. This involves challenging stereotypes and prejudices, fostering positive attitudes, and ensuring that children with disabilities have the opportunity to develop their potential and contribute to their communities.
Children and Migration
The rights of migrant children are protected under international law, including the Convention on the Rights of the Child (CRC) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. These instruments recognize the unique vulnerabilities of migrant children and emphasize the need for special protection and assistance to ensure their rights are respected and upheld. The CRC requires states to treat migrant children with dignity and respect, ensuring their best interests are a primary consideration in all decisions affecting them. This includes the right to family unity, access to education, healthcare, and social services, and protection from violence, exploitation, and abuse.
International law also prohibits the arbitrary detention of migrant children and calls for the use of alternatives to detention that are in the best interests of the child. This reflects the recognition that detention can have severe and long-lasting impacts on children’s mental and physical health and well-being. The Trump administration’s family separation policy on the US-Mexico border was loudly critiqued as an abuse of these principles.
Child Participation
Child participation is a fundamental right of children, as recognized by Article 12 of the Convention on the Rights of the Child (CRC), also known as the child’s “right to be heard”.. This article states that children have the right to express their views freely in all matters affecting them and that their views should be given due weight in accordance with their age and maturity.
The Youth Climate Strike movement, initiated by Swedish activist Greta Thunberg, is a powerful example of child participation in action. It has mobilized millions of young people to demand urgent action on climate change and hold governments accountable for their commitments under the Paris Agreement.
Promoting child participation requires creating spaces and opportunities for children to engage in decision-making processes, as well as building their capacity to express their views and advocate for their rights. This involves providing children with the necessary information, skills, and support to participate effectively and ensuring that their voices are taken seriously by decision-makers.
