U.N. Convention on the Rights of the Child

United Nations Convention on the Rights of the Child
Summary of Substantive Materials

The objective of the Convention is to establish standards for the defense of children against neglect and abuse that they face to varying degrees in all countries every day. It is keen to allow for a different cultural, political and material reality among nations. The most important consideration is the best interests of the child. The rights enshrined in the Convention can be broadly classified in three sections:

Judgment: The right to possess, receive or obtain certain things or services (such as name, nationality, health care, education, rest, play, care for the disabled and orphans).

Protection: The right to protection from harmful acts and practices (such as separation from parents, participation in war, commercial or sexual exploitation, and physical and mental abuse).

Participation: The child’s right to listen to decisions affecting his life. As capacities advance, children must have increased opportunities to participate in community activities, such as preparing for adult life (such as freedom of expression, opinion, culture, religion and language).

an introduction

Article 1: Definition of the child
Every person under the age of 18 years unless the majority is attained at an early date in accordance with the law applicable to the child.

Article 2: Non-discrimination
All rights must be granted to every child without exception. The State must protect the child without exception. The State must protect the child from all forms of discrimination.

Article 3: Best interests of the child
In all actions concerning children, consideration must be given to the best interests of the child.

Article 4: Implementation of Rights
Commitment to the State to ensure the implementation of rights in the Convention.

Article 5: Parents, the family and the rights and responsibilities of the community
States should respect parents and family in child-rearing function.

Article 6: Life, survival and development
The right of the child to life and the State’s obligation to ensure the survival and development of the child.

Article 7: Name and nationality
Right from birth to name, get a nationality and know his parents and care.

Article 8: Preservation of identity
The obligation of the State to assist the child in re-establishing the identity if this is withdrawn illegally.

Article 9: Non-separation from parents
The right of the child to maintain contact with his or her parents in cases of separation. If separation is the result of arrest, imprisonment or death, the State must provide information to the child or parents about the whereabouts of the missing person in the family.

Article 10: Family reunification
Requests to leave or enter country for family reunification shall be dealt with in a human manner. A child has the right to maintain regular contacts with both parents 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, re#@$%tion
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 attention 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 responsibilities.

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 obligation 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 have the 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 the child’s place of residence.

Article 28: Education
The right to free primary education, the availability of vocational educating, and the 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 talents, preparation for a responsible adult life, respect for human rights as well as the 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 his or her 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 cultural and artistic life.

Article 32: Economic exploitation
The right of the child to protection against harmful forms of work and against exploitation.

Article 33: Narcotic and psychotic substances
Protection of the child from their illicit use and the utilisation of the child in their production and distribution.

Article 34: Sexual exploitation
Protection of the child from sexual exploitation including prostitution and the use of 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 15 years are not to take a direct part in hostilities. No recruitment of children under 15.

Article 39: Recovery and reintegration
State obligations to re-educate, reintegrate into society children who are victims of exploitation, torture or armed conflict.

Article 40: Juvenile justice
The treatment of a child accused of infringing the Penal Code promotes the child’s sense of dignity.

Article 41: Rights of the child in other instruments
Article 42: Dissemination of the Convention
The duty of the State to make the Convention known to adults and children.

Article 43.54: Implementation
These paragraphs provide that the Committee on the Rights of the Child shall supervise the implementation of the Convention.