Child protection has existed for a long time, much before the 1989 Convention on the Rights of the Child. States began implementing such protection through international treaties (declarations, conventions, etc.), through statements directly about children or through indirect means by protecting families and mothers.
In 1923, the League of Nations began preparing a declaration on the rights of the child. Member States ratified this first declaration in 1924, which contains only five articles. This statement is limited, but it highlights the most important rights of the child. Article 1: the right to normal development, from a material and spiritual perspective. Article 2: the right to food, to access to health care, and to help for orphans and the disabled. Article 3: priority access to relief in times of distress. Article 4: protection against all exploitation. Article 5: access to education in a respectful and welcoming environment.
In 1959, the United Nations created a second declaration on the rights of the child, which puts forward ten important principles, including: the enjoyment of all the rights provided in the declaration without discrimination; special protection under the law so that children can develop healthily and normally in physical, mental, moral, spiritual and social terms, under conditions of freedom and dignity; the right to grow up under the protection and responsibility of their parents; protection of their health and the right to food; protection for disabled children; the notion of the best interests of the child and the right to education; the opportunity to receive emergency care in case of distress; protection against all forms of neglect, cruelty and exploitation; the right to a name and a nationality at birth; non-discrimination based on race, colour, sex, religion, political or non-political opinion, etc.
However, despite the importance of these two declarations, and the reference that they make to key rights for children, their legal value is limited because their addressees are not required to abide by them and are committing no offence when they do not comply.
Finally, the UN Member States decided to establish an agreement on behalf of children that would be respected and binding on the signatory States. In 1989, the Member States announced the creation of the International Convention on the Rights of the Child, which has been signed by 193 states. It is considered one of the most ratified conventions in the world and contains civil and political, as well as cultural, social and economic rights.
This Convention contains 54 articles that explain and specifically point out all the rights of children, including the right to life, food, protection, education, and the protection of disabled children, etc. The second part of the Convention contains the compliance and implementation mechanisms of the Convention by the Committee on the Rights of the Child. The Committee is composed of 18 independent experts who monitor the implementation of the Convention by the signatory states. They also monitor the implementation of two optional protocols to the Convention.
In May 2000, the United Nations General Assembly adopted and opened for signature two protocols to the International Convention on the Rights of the Child concerning the sale of children, child prostitution and child pornography, as well as the involvement of children in armed conflict. These protocols entered into force on 18 January 2002.
On 19 December 2011, the UN General Assembly adopted the Third Optional Protocol to this Convention, establishing an individual complaints procedure for violations of children’s rights. This Optional Protocol was accepted unanimously by the United Nations Human Rights Council on 17 June 2011. The Protocol entered into force three months after its tenth ratification.
The State is primarily accountable for the protection of children’s rights, but it is not the only party, since other national and international organisations are also responsible. Everyone must participate in this protection when there is a violation of these rights. As an example, our organisation, Humanium, often receives emails from civilians who contact us to inform us about an unacceptable video on Facebook or YouTube showing a violation of children’s rights. Therefore, everyone – including you yourself – is responsible for protecting children around them.
While we may not have been able to eliminate discrimination, put an end to war, eradicate hunger in the world, or stop other violations of human rights and children’s rights, we must do all we can to protect our children. They are our future and we hope that they can carry out all that we have not been able to achieve: to spread the spirit of love and peace in the world.
Written by : Osama Rihan Translated by: Denis Gingras Proofread : Amanda Fearnley |
