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Convention on the Rights of a child

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Convention on the Rights of a child

  1. 1. A human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children.
  2. 2.  Adopted on November 20, 1989  Came to force on September 2, 1990
  3. 3.  Preamble and 54 articles  Three Optional Protocols
  4. 4.  child-specific needs and rights  nations that ratify the convention are bound to it by international law
  5. 5.  States must act in the best interests of the child.  child custody and guardianship laws
  6. 6. DEFINITION OF A CHILD
  7. 7. Non-discrimination
  8. 8. Best interests of the child and implementation of rights • protection andcare as is necessary for his or her well-being
  9. 9. Family Guidance • by local custom, legal guardians or other persons • to provide appropriate direction and guidance in the exercise by the child‘s rights
  10. 10. Life survival and development • Right to life • Survival anddevelopment
  11. 11. Name and nationality • registeredimmediately after birth • from birth to a name • acquire a nationality • know andbe caredfor
  12. 12. Identity • preserve his or her identity
  13. 13. Keeping families together • not be separatedfromhis or her parents against theirwill Except: best interests of the child (abusedor neglected by parents or separated parents)
  14. 14. Keeping families together • maintain personal relations anddirect contact with both parents on a regular basis –Except: contrary to the child's best interests
  15. 15. Keeping families together • parents reside in different States • respect to leave andenter any country for the purpose of reuniting.
  16. 16. Protection from kidnapping • combat the illicit transfer andnon-return of children abroad
  17. 17. Respect for children’s views • express his or her views freely • to be heardin any judicial andadministrative proceedings
  18. 18. Freedom of expression • freely, seek, receive, andimpart information
  19. 19. Freedom of thought and religion • subject to appropriate parental guidance
  20. 20. Freedom of association and assembly • peacefully joinor formassociations.
  21. 21. Protection of privacy • unlawful interference with his or her privacy, family, home or correspondence
  22. 22. Access to information • aimedat the promotion of his or her social, spiritual and moral well-being andphysical and mental health
  23. 23. Parental responsibilities • ensure the development of institutions, facilities andservices for the care of children
  24. 24. Protection from violence • all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse
  25. 25. Children without families • entitledto special protection and assistance • foster placement, kafalah of Islamiclaw, adoption or if necessary placement in suitable institutions
  26. 26. Children who are adopted • best interests of the childshall be the paramount consideration • authorizedonly by competent authorities
  27. 27. Refugee children • receive appropriate protection andhumanitarian assistance in the enjoyment of applicable rights
  28. 28. Children with disabilities • enjoy a full and decent life • special care • assistance
  29. 29. Health, water, food, and environment • highest attainable standardof health and to facilities for the treatment of illness and rehabilitation of health • no childis deprived
  30. 30. Review of a child’s placement • purposes of care, protection or treatment of his or her physical or mental health • periodicreview of the treatment
  31. 31. Social and economic help • benefit from social security, including social insurance
  32. 32. Standard of living • adequate for his or her physical, mental, spiritual, moral and social development
  33. 33. Standard of living • Parents: primary responsibility • State: ensure that it is fulfilledand material assistance to parents and their children
  34. 34. Access and Aims of Education • primary education is free and compulsory • encourage different forms of secondary education accessible to every child
  35. 35. Access and Aims of Education • make higher education available to all • engage in international cooperation
  36. 36. Access and Aims of Education • aim to develop the child’s personality, talents and mental and physical abilities to the fullest potential
  37. 37. Minority culture, language, and religion • enjoy their own culture • practice their own religion and language
  38. 38. Leisure, recreation and cultural activities • engage in play andrecreational activities • to participate freely in cultural life and the arts
  39. 39. Protection from Child Labor • protected from: economic exploitation performing any work
  40. 40. Protection from Drug Abuse • protectedfromillicit use of narcoticdrugs and psychotropic substances • to prevent the use of children
  41. 41. Protection from Exploitation • protectedfromall forms of sexual exploitation andsexual abuse
  42. 42. Protection from Sale, trafficking and abduction • take all appropriate measures
  43. 43. Protection from other forms of exploitation • protect the childagainst all other forms of exploitation
  44. 44. Protection from Torture and Deprivation of Liberty • No to torture or other cruel, inhuman or degrading treatment or punishment
  45. 45. Protection from Torture and Deprivation of Liberty • No capital punishment nor life imprisonment
  46. 46. Protection from war • do not take a direct part in hostilities • No recruitment of any person who has not attainedthe age of fifteen years into their armed forces
  47. 47. Recovery and reintegration • promote physical andpsychological recovery and social reintegration of a childvictim
  48. 48. Administration of juvenile justice • to be treatedin a manner consistent with the promotion of the child's sense of dignity and worth
  49. 49. Respect for higher standards a) The law of a State party; or b) International Law in force for that State.
  50. 50. • Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) • Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) • Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OPCP)
  51. 51. Mainobligations: 1) • Not lower than 16 years • Optional Protocol on the Involvement of Children in Armed Conflict (OPAC)
  52. 52. Mainobligations: 2) State parties whose armedforces recruit children aged 16 or 17 must: –Not compel to join –“reliableproof of age” –“fully informed” –Do not take part in hostilities • Optional Protocol on the Involvement of Children in Armed Conflict (OPAC)
  53. 53. Mainobligations: 3) Non-state armedgroups “shouldnot, under any circumstances, recruit or use hostilities” any child under the age of 18. 4) State parties t the treaty must report periodically on its implementation • Optional Protocol on the Involvement of Children in Armed Conflict (OPAC)
  54. 54. • Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) • Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) • Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OPCP)
  55. 55. 1. Sale of Children • Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC)
  56. 56. 2. Child prostitution • Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC)
  57. 57. 3. Pornographicdepiction of children • Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC)
  58. 58. Three things the government must do: • Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC)
  59. 59. Three things the government must do: • Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC)
  60. 60. Three things the government must do: • Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC)
  61. 61. • Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) • Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) • Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OPCP)
  62. 62. • establishes an individual complaintsmechanism • to complainto the Committee on the Rights of the Child about a violation • Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OPCP)
  63. 63. • Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OPCP)
  64. 64. MONITORING AND IMPLEMENTATION
  65. 65. MONITORING AND IMPLEMENTATION Disseminationof informationaboutthe rightsin the CRC Creationof an internationalmechanismto monitor governments' progressin implementation. Obligationson governmentsto report to the Committee Mechanismsto fosterinternationalcooperationandsupport Four MainAreas:
  66. 66. MONITORING AND IMPLEMENTATION Disseminationof informationaboutthe rightsin the CRC Creationof an internationalmechanismto monitor governments' progressin implementation. Obligationson governmentsto report to the Committee Mechanismsto fosterinternationalcooperationandsupport Four MainAreas:
  67. 67. MONITORING AND IMPLEMENTATION Disseminationof informationaboutthe rightsin the CRC Creationof an internationalmechanismto monitor governments' progressin implementation. Obligationson governmentsto report to the Committee Mechanismsto fosterinternationalcooperationandsupport Four MainAreas:
  68. 68. END! THANK YOU

Notes de l'éditeur

  • The convention consists of a preamble and 54 articles. It also has three optional protocols namely: the Optional Protocol on the Involvement of Children in Armed Conflict, which came into force on February 12,2002; the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. which came into force on January 18,2002; and the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, which came into force on April 14, 2014
  • The Convention deals with the child-specific needs and rights. It requires that the nations that ratify the convention are bound to it by international law
  • In all jurisdictions implementing the Convention requires compliance with child custody and guardianship laws as that every child has basic rights, including the right to life, to their own name and identity, to be raised by their parents within a family or cultural grouping, right against various forms of violence, right to survival and development, and many more.
  • A child is recognized as every human being under 18 years old.
  • 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.
    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.
  • Ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention.
  • Respect the responsibilities, rights and duties of parents or members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.
  • Every child has the inherent right to life, and the State must ensure the survival and development of the child.
  • The child has the right to be registered immediately after birth, the right from birth to a name, the right to acquire a nationality and the right to know and be cared for by his or her parents.
     
     
  • The State must respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
  • A child shall not be separated from his or her parents against their will except if such separation is necessary for the best interests of the child, in such cases where the child is abused or neglected by the parents, or in cases where the parents are separated and the custody of the child must be determined.
  • States Parties shall also respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.
  • A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country for the purpose of reuniting.
  • The States Parties have an obligation to combat the illicit transfer and non-return of children abroad.
  • The child has the right to express his or her views freely, and to be provided the opportunity to be heard in any judicial and administrative proceedings affecting himself or herself.
  • The child has the right to express his or her views freely, seek, receive, and impart information and make ideas or information known.
  • The State shall respect the child’s right to freedom of thought, conscience and religion, subject to appropriate parental guidance
  • Children have a right to meet with others, and to peacefully join or form associations.
  • 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.
  • 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.
  • States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.
  • States Parties shall take all appropriate measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parents, legal guardians or any other person who has the care of the child.
  • A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State, such as foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children.
  • States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall ensure that the adoption of a child is authorized only by competent authorities who determine that the adoption is permissible.
  • States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments.
  • A mentally or physically disabled child should enjoy a full and decent life and States Parties must recognize the right of a disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, assistance which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.
  • States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.
  • States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.
  • States Parties shall recognize for every child the right to benefit from social security, including social insurance.
  • Every child has the right to a standard of living adequate for his or her physical, mental, spiritual, moral and social development. Parents have the primary responsibility to ensure that the child has an adequate standard of living. The State’s duty is to ensure that this responsibility can be, and is, fulfilled. State responsibility can include material assistance to parents and their children.
  • Every child has the right to a standard of living adequate for his or her physical, mental, spiritual, moral and social development. Parents have the primary responsibility to ensure that the child has an adequate standard of living. The State’s duty is to ensure that this responsibility can be, and is, fulfilled. State responsibility can include material assistance to parents and their children.
  • The child has a right to education, and the State’s duty is to ensure that primary education is free and compulsory, to encourage different forms of secondary education accessible to every child, to make higher education available to all on the basis of capacity and to ensure that school discipline is consistent with children’s rights and dignity. The State shall engage in international cooperation to implement the right to education.
  • The State shall engage in international cooperation to implement the right to education
  • Education shall aim to develop the child’s personality, talents and mental and physical abilities to the fullest potential. Education shall prepare the child for an active adult life in a free society and shall foster in the child respect for parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living.
  • Children of minority communities and indigenous populations have the right to enjoy their own culture and to practice their own religion and language.
  • The child has the right to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.
  • Children have the right to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development
  • Children have the right to be protected from illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.
  • Children have the right to be protected from all forms of sexual exploitation and sexual abuse such as inducement or coercion of a child to engage in any unlawful sexual activity, prostitution, or pornography.
  • States Parties shall take all appropriate measures to prevent the abduction, sale, or traffic of children
  • States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.
  • No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment; neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age. No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.
     
  • No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment; neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age. No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.
     
  • States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities; nor shall they recruit any person who has not attained such age into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest. States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.
  • States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of:
    any form of neglect, exploitation, or abuse;
    torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts.
    Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.
  • States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law, to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.
  • Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in:
    (a) The law of a State party; or
    (b) International Law in force for that State
  • The OPAC is a multilateral treaty whereby states agree to prohibit the conscription into the military of children under the age of 18; ensure that military recruits are no younger than 16; and prevent recruits aged 16 or 17 from taking a direct part in hostilities. The treaty also forbids non-state armed groups from recruiting anyone under the age of 18 for any purpose.
    The OPAC’s main obligations are as follows:
    1.No state party may recruit any person who has yet to attain a minimum age specified by the state (in a binding declaration deposited with the UN on ratification), and in all cases the minimum age must not be lower than 16 years.
  • 2.States parties whose armed forces recruit children aged 16 or 17 must:
    --not compel children to join their armed forces;
    --ensure that "reliable proof of age" is provided before enlistment;
    --ensure prior to enlistment that child applicants are "fully informed" of the duties of military service, that their choice to enlist is genuinely voluntary, and that their parents or legal guardians give their informed consent; and
    take all feasible measures to ensure that child recruits do not take part directly in hostilities;
  • 3.Non-state armed groups "should not, under any circumstances, recruit or use in hostilities" any child under the age of 18.
    4. States parties to the treaty must report periodically on its implementation to the Committee on the Rights of the Child.
  • The optional Protocol concerning the sale of children, child prostitution and the pornographic depiction of children, is primarily a juridical tool aimed at defining and prohibiting children’s involvement in prostitution and pornography.
    These activities are characterized as serious violations of children’s rights and as criminal acts, such as those provided for in Article 2, namely:
    1. Sale of children
    refers to any act or transaction in which any individual or group of individuals hands a child over to another person or group of persons in exchange for any form of payment whatsoever;
  • Child prostitution
    refers to the act of using a child for purposes that are sexually exploitive in exchange for any form of payment whatsoever;
  • Pornographic depiction of children
    refers to any representation, produced in whatever medium and by whatever means, of a child engaging in explicit sexual activities, real or simulated, or of a child’s sexual organs, for purposes that are primarily sexual.”
  • This protocol requires that governments take immediate and radical measures against this plague. In effect, participating governments must do the following three things :
    1. Governments must treat as crimes those actions that meet the definitions in Article 2. This means that governments must establish within their internal legal system heavy penalties for the authors of such activities.
  • 2. Governments are held responsible for pursuing the authors of such crimes.
  • Governments have an obligation to provide assistance. They must come to the aid of child victims and support them until their lives have returned to normal. If the children are on their own, the government must do all that it can to find their family or, failing that, place them in an adoptive family.
  • The OPCP establishes an individual complaints mechanism, allowing individuals to complain to the Committee on the Rights of the Child about a violation of the Convention or any one of the Optional Protocols to which the State is a party.
  • 1. Development of guidelines for government reports.
    2. Scrutiny of reports and examination of governments on their progress in implementing the CRC, and production of recommendations known as Concluding Observations.
    3. Holding a day of General Discussion once a year on key issues of concern in respect of children's rights.
    4. Production of General Comments, which are quasi-legal interpretations and guidance from the Committee to governments on how they are expected to implement specific rights or rights in relation to particular groups of children.
    5. Hearing complaints by individual or groups of children whose rights have been violated.

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