Convention on the Rights of the Child

Convention on the Rights of the Child
source
Name	Convention on the Rights of the Child
Type	United Nations Human rights treaty
Date signed	20 November 1989
Location signed	New York, United States
Date effective	2 September 1990
Condition effective	20 ratifications
Signatories	140
Parties	196 (all United Nations member states except the United States)
Depositor	Secretary-General of the United Nations
Languages	Arabic, Chinese, English, French, Russian, Spanish
Wikisource	Convention on the Rights of the Child

Convention on the Rights of the Child is the most widely ratified human rights treaty in history, establishing a comprehensive set of civil, political, economic, social, and cultural rights for all children. Adopted by the United Nations General Assembly in 1989, it defines a child as any human being under the age of eighteen, unless national law recognizes an earlier age of majority. The treaty is monitored by the Committee on the Rights of the Child, a body of independent experts that reviews periodic reports from States Parties.

Background and history

The development of this treaty was influenced by earlier declarations, most notably the 1924 Declaration of the Rights of the Child drafted by Eglantyne Jebb and the 1959 Declaration of the Rights of the Child adopted by the United Nations. The International Year of the Child in 1979 provided significant momentum, leading Poland to propose a legally binding convention. The drafting process involved representatives from UNICEF, the United Nations Commission on Human Rights, and numerous non-governmental organizations over a decade. It was finally opened for signature on 20 November 1989, a date now commemorated as Universal Children's Day, and entered into force with unprecedented speed in September 1990 following rapid ratification by nations including Canada, Norway, and Sweden.

Core principles and provisions

The treaty is guided by four foundational principles: non-discrimination; the best interests of the child as a primary consideration; the right to life, survival, and development; and respect for the views of the child. Key provisions encompass a wide spectrum of rights, from civil and political rights like the right to a name and nationality to protections against economic exploitation and all forms of violence. It guarantees access to education and the highest attainable standard of health, emphasizing the special care required for children with disabilities and refugee children. The treaty also asserts the child's right to preserve their identity, family relations, and cultural heritage.

States parties and implementation

With ratification by 196 states, it has achieved near-universal acceptance, with the notable exception of the United States, which has signed but not ratified. Each State Party is obligated to undertake all appropriate legislative, administrative, and other measures to implement the rights recognized. Implementation is monitored through a mandatory reporting system to the Committee on the Rights of the Child in Geneva, which then issues concluding observations and recommendations. Many countries, such as South Africa and Norway, have incorporated its principles directly into domestic law, while organizations like UNICEF and Save the Children provide critical support for national implementation efforts.

Optional protocols

The main treaty has been supplemented by three optional protocols addressing specific concerns. The Optional Protocol on the Involvement of Children in Armed Conflict, adopted in 2000, sets eighteen as the minimum age for direct participation in hostilities and for compulsory recruitment by armed forces. The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, also from 2000, requires states to criminalize these severe violations. The Optional Protocol on a Communications Procedure, which entered into force in 2014, allows children or their representatives to submit individual complaints of rights violations to the Committee on the Rights of the Child after exhausting domestic remedies.

Impact and criticism

The treaty has profoundly influenced national legislation, judicial decisions, and social policies worldwide, elevating children's rights within agendas of governments and bodies like the European Union and the African Union. It has spurred global initiatives against practices such as child marriage and child labor. Criticisms include concerns from some states, including the United Kingdom and Iran, about potential conflicts with cultural or religious values. Some scholars and groups, including the Heritage Foundation, have argued it undermines parental rights and national sovereignty. Furthermore, persistent challenges in enforcement, resource allocation, and addressing violations in conflict zones like Syria and Yemen highlight ongoing gaps between its aspirational standards and practical reality for millions of children.

Category:United Nations treaties Category:Children's rights instruments Category:Treaties concluded in 1989