CONVENTION ON THE RIGHTS OF THE CHILD


From: Flemming Funch <ffunch@newciv.org>

The following was submitted to the NCN by Gene Albinder <genesa@best.com>




FYI - the following info provided by PeaceBuilder Clifford Rose, Mauritius,

Some useful internet resources : University of Minnesota, Human Rights Library http://www.umn.edu/humanrts
Human Rights Internet http://www.hri.ca
UNESCO : http://www.education.enesco.org
UN High Commissioner for Human Rights : http://.unhchr.ch

Simplified Version of the Convention on the Rights of the Child


The aim of the Convention is to set standards for the defense of children against the neglect and abuse they face to varying degrees in all countries every day. It is careful to allow for the different cultural, political and material realities among states. The most important consideration is the best interest of the child. The rights set out in the Convention can be broadly grouped in three sections:

Provision: the right to possess, receive or have access to certain things or services (e.g. a name and a nationality, health care, education, rest and play and care for disabled and orphans).

Protection: the right to be shielded from harmful acts and practices (e.g. separation from parents, engagement in warfare, commercial or sexual exploitation and physical and mental abuse).

Participation: The child's right to be heard on decisions affecting his or her life. As abilities progress, the child should have increasing opportunities to take part in the activities of society, as a preparation for adult life (e.g. freedom of speech and opinion, culture, religion and language.

Preamble

The Preamble sets the tone in which the 54 articles of the Convention will be interpreted. The major UN texts which precede it and which have a direct bearing on children are mentioned, as is the importance of the family for the family for the harmonious development of the child, the importance of special safeguards and care, including appropriate legal protection, before as well as after birth, and the importance of the traditions and cultural values of each people for the child's development.

Article 1: Definition of the child

Every human being below 1 8 years unless majority is attained earlier according to the law applicable to the child.

Article 2: Non discrimination

All rights must be granted to each child without exception. The State must pro the child without exception. The State must protect the child against all forms discriminations.

Article 3: Best interests of the child

In all actions concerning children, the best interest of the child shall be the maj consideration.

Article 4: Implementation of rights

The obligation on the State to ensure that the rights in the Convention are implemented.

Article 5: Parents, family, community rights and responsibilities

States are to respect the parents and family in their child rearing function.

Article 6: Life, survival and development

The right of the child to life and the state's obligation to ensure the child's sur and development.

Article 7: Name and nationality

The right from birth to a name, to acquire a nationality and to know and be cai for by his or her parents.

Article 8: Preservation of identity

The obligation of the State to assist the child in reestablishing identity if this h been illegally withdrawn.

Article 9: Non-separation from parents

The right of the child to retain contact with his parents in cases of separation. separation is the result of detention, imprisonment or death the State shall pro the information to the child or parents about the whereabouts of the missing f member.

Article 10: Family reunification

requests to leave or enter country for family reunification shall be dealt with ir human manner. A child has the right to maintain regular contacts with both p~ when these live in different States.

Article 11: Illicit transfer and non-return of children

The State shall combat child kidnapping by a partner or third party.

Article 12: Expression of opinion

The right of the child to express his or her opinion and to have this taken into consideration.

Article 13: Freedom of expression and information

The right to seek, receive and impart information in various forms, including art, print, writing.

Article 14: Freedom of thought, conscience and religion

States are to be respect the rights and duties of parents to provide direction to the child in the exercise of this right in accordance with the child's evolving capacities.

Article 15: Freedom of association

The child's right to freedom of association and peaceful assembly.

Article 16: Privacy, honour, reputation

No child shall be subjected to interference with privacy, family, home or correspondence.

Article 17: Access to information and media

The child shall have access to information from a diversity of sources; due attentio shall be paid to minorities and guidelines to protect children from harmful material shall be encouraged.

Article 18: Parental responsibility

Both parents have common responsibilities for the upbringing of the child and assistance shall be given to them in the performance of the parental responsibilitie~

Article 19: Abuse and neglect (while in family or care)

States have the obligation to protect children from all forms of abuse. Social programmes and support services shall be made available.

Article 20: Alternative care for children in the absence of parents

The entitlement of the child to alternative care with national laws and the obligatic on the State to pay due regard to continuity in the child's religious, cultural, linguistic or ethnic background in the provision of alternative care.

Article 21: Adoption

States are to ensure that only authorised bodies carry out adoption. Inter-country adoption may be considered if national solutions have been exhausted.

Article 22: Refugee children

Special protection is to be given to refugee children.

States shall cooperate with international agencies to this end and also to reunite

children separated from the families.

Article 23: Disabled children

The right to benefit from special care and education for a fuller life in society.

Article 24: Health care

Access to preventive and curative health care services as well as the gradual abolition of traditional practices harmful to the child.

Article 25: Periodic review

The child who is placed for care, protection or treatment has the right to hav placement reviewed on a regular basis.

Article 26: Social security

The child's right to social security

Article 27: Standard of living

Parental responsibility to provide adequate living conditions for the child's development even when one of the parents is living in a country other than child's place of residence.

Article 28: Education

The right to free primary education, the availability of vocational educating, need for measures to reduce the drop-out rates.

Article 29: Aims of education

Education should foster the development of the child's personality and taler preparation for a responsible adult life, respect for human rights as well as cultural and national values of the child's country and that of others.

Article 30: Children of minorities and indigenous children

The right of the child belonging to a minority or indigenous group to enjoy l culture, to practise his or her own language.

Article 31: Play and recreation

The right of the child to play, recreational activities and to participate in cui artistic life.

Article 32: Economic exploitation

The right of the child to protection against harmful forms of work and agair exploitation.

Article 33: Narcotic and psychotic substances

Protection of the child from their illicit use and the utilisation of the child ir production and distribution.

Article 34: Sexual exploitation

Protection of the child from sexual exploitation including prostitution and t children in pornographic materials.

Article 35: Abduction, sale and traffic

State obligation to prevent the abduction, sale of or traffic in children.

Article 36: Other forms of exploitation

Article 37: Torture, capital punishment, deprivation of liberty

Obligation of the State vis-a-vis children in detention.

Article 38: Armed conflicts

Children under 1 5 years are not to take a direct part in hostilities. No recruitment of children under 15.

Article 39: Recovery and reintegration

State obligations for the reeducation and social reintegration of child victims of exploitation, torture or armed conflicts.

Article 40: Juvenile justice

Treatment of child accused of infringing the penal law shall promote the child's sense of dignity.

Article 41: Rights of the child in other instruments

Article 42: Dissemination of the Convention

The state's duty to make the convention known to adults and children.

Article 43-54: Implementation

These paragraphs provide for a Committee on the Rights of the Child to oversee implementation of the Convention.

The titles of articles are for ease of reference only. They do not form part of the adopted text.

(Courtesy of UNICEF - UK)
Flemming A. Funch ffunch@newciv.org
http://www.worldtrans.org/
 


 



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