Child Rights-03
Historical Background – International
In the industrialized countries of the early twentieth century, there were no standards of
protection for children. It was common for them to work alongside adults in unsanitary and
unsafe conditions. Growing recognition of the injustices of their situation, propelled by greater
understanding of the developmental needs of children, led to a movement to better protect
them.
International standards on child rights have advanced dramatically over the past century, but
gaps remain in meeting those ideals.
1924 - The league of nations adopts the Geneva Declaration on the Rights of the Child. The
declaration articulates that all people owe children the right to:means for their development;
special help in times of need; priority for relief; economic freedom and protection from
exploitation ; and an upbringing that instils social consciousness and duty.
1948 - The United nations General assembly passes the universal Declaration of Human
Rights,in which article 25 entitles mothers and children to ‘special care and assistance’ and
‘ social protection.
1959 - The United nations General assembly adopts the declaration of the rights of the child,
which recognizes, among other rights, children’s rights to education, play a supportive
environment and health care.
1966 - With the International Covenants on Civil and Political Rights and on economic, social
and cultural rights, United Nations member states promise to uphold equal rights- including
education and protection for all children.
1968 - The International Conference on Human Rights is convened to evaluate the progress
made by countries in the 20 years since the adoption of the Universal Declaration of Human
Rights. An agenda for future work is drafted and national commitments to upholding human
rights are bolstered.
1973 - The International Labour Organization adopts Convention 138, which sets 18 as the
minimum age for undertaking work that might be hazardous to a person’s health, safety or
morals.
1974 - Concerned about the vulnerability of women and children in emergency and conflict
situations, the General Assembly calls on Member States to observe the Declaration on the
Protection of Women and Children in Emergency and Armed Conflict. The Declaration prohibits
attacks against or imprisonment of civilian women and children, and upholds the sanctity of the
rights of women and children during armed conflict.
1978 - The Commission on Human Rights puts forth a draft of a Convention on the Rights of the
Child for consideration by a working group of Member States, agencies and intergovernmental
and non-governmental organizations
1979 - To mark the twentieth anniversary of the 1959 Declaration of the Rights of the Child, the
United Nations General Assembly declares 1979 as the International Year of the Child, in which
UNICEF plays a leading role.
1985 - The United Nations Standard Minimum Rules for the Administration of Juvenile Justice
detail the principles of a justice system that promotes the best interests of the child, including
education and social services and proportional treatment for child detainees.
1989 - The Convention on the Rights of the Child is adopted by the United Nations General
Assembly and widely acclaimed as a landmark achievement for human rights, recognizing the
roles of children as social, economic, political, civil and cultural actors. The Convention
guarantees and sets minimum standards for protecting the rights of children in all capacities.
UNICEF, which helped draft the Convention, is named in the document as a source of expertise.
1990 - The World Summit for Children is held in New York. The Guidelines for the Prevention of
Juvenile Delinquency outline strategies for preventing criminality and protecting young people
at high social risk.
1991 - Experts from UNICEF, Save the Children, Defence for Children International and other
organizations meet to discuss data gathered from the reporting process of the Convention on
the Rights of the Child. The meeting leads to the formal establishment of the Child Rights
International Network (CRIN) in 1995.
1999 - The International Labour Organization (ILO) adopts the Worst Forms of Child Labour
Convention, calling for the immediate prohibition and elimination of any form of work that is
likely to harm the health, safety or morals of children. UNICEF has been working with the ILO
since 1996 to promote the ratification of international labour standards and policies concerning
child labour.
2000 - The United Nations General Assembly adopts two Optional Protocols to the 1989
Convention on the Rights of the Child, obligating State Parties to take key actions to prevent
children from partaking in hostilities during armed conflict and to end the sale, sexual
exploitation and abuse of children.
2002 - At the United Nations Special Session on Children, child delegates address the General
Assembly for the first time. The World Fit for Children agenda was adopted outlining specific
goals for improving the prospects of children over the next decade.
2006 - UNICEF co-publishes the Manual for the Measurement of Juvenile Justice Indicators with
the United Nations Office on Drugs and Crime. The Manual enables governments to assess the
condition of their juvenile justice systems and make reforms as necessary.
2010 - The United Nations Secretary-General issues the Status of the Convention on the Rights
of the Child.
2011 - A new Optional Protocol to the 1989 Convention on the Rights of the Child is adopted.
Under this Optional Protocol on a communications procedure, the Committee on the Rights of
the Child can field complaints of child rights violations and undertake investigations.
2015 - Somalia and South Sudan ratify the Convention. The Convention is the most widely
ratified international instrument with 196 States. Only the United States has not ratified to date.
The United Nations International Children’s Emergency Fund (UNICEF) was established in 1946,
in the aftermath of World War II. Aim was to help children and young people whose lives and
futures were at risk – no matter what role their country had played in the war.
What mattered to UNICEF was reaching every child in need, protecting children’s rights to
survive, thrive, and reach their full potential.
This is the DNA of UNICEF. From the ashes of war to the global challenges that affect millions
today, our mandate has never wavered. UNICEF has consistently worked to protect the rights
and well-being of all children. Whoever they are. Wherever they live.
https://www.youtube.com/watch?v=kp_Cwr3A4zI
Convention on the Rights of the Child (CRC)
It has been 30 years since the Convention on the Rights of the Child (CRC) first come into place. The CRC is an international
agreement adopted in 1989 and, with 196 signatory parties, it is the world's most widely ratified international human rights
agreement. World leaders came together to make this historic agreement making a promise to every child that they will do
everything they can to protect and fulfill their rights. Still, far too many children, youth and young people are left behind and
deprived of basic rights promised to them. Their rights are threatened and their childhood cut short by poverty, violence, and
inequity. Many children and youth are denied the opportunities to be included, be heard and participate even in the matters that
directly affect them.
No matter how long and rough the road ahead, today is the time that we must walk the walk together to support every right for
every child. Children must be able to live in a nurturing environment for them to realize their full potential and to meaningfully
participate in society.
A child is every individual below the age of 18 (unless in countries where the law applicable to the child differs) and are entitled
to every right stipulated in the Convention on the Rights of the Child, which Thailand acceded to on the 12th February 1992. This
means the government is obliged to take action to ensure that every child in the country, regardless of who they are, equally
enjoy the rights under the Convention. It is also the duty of the government to report the progress to the UN Committee on the
Rights of the Child.
Fundamental Principals Governing Child Rights
The United Nations Convention on Child Rights (CRC) is a statement of international standards on Child Rights that the world
community has endorsed. The convention has been ratified by most the member countries of United Nations and Sri Lanka, by
its Charter on Child Rights (1992) has attempted to formulate the national policy that reflects the standards specified in CRC.
Thus by ratifying the convention and also by providing a guideline to national endeavours and inventions in the form of Charter,
Sril Lanka, seeks to ensure the protection of Child Rights. The Charter, however, is not a binding law and is only a policy
document.
Clusters of Child Rights
The Convention on the Rights of the Child comprises four main pillars.
❖ The right to survival
❖ The right to protection
❖ The right to development
❖ The right to participation
These rights are based on the non-discrimination principle and all actions must be in line with the best interest of children.
Let us consider the case of a child
living on the street without his/ her
family. Such a child rarely gets three
square meals a day. Lacking
sufficient food and nutrition he is
likely to fall sick more often. When
sick he may not get prompt care and
attention and treatment needed to
cure him. Such a child’s rights to
survival is very much at a risk. In
addition, he does not have access to
those facilities such as education,
play or relaxation that would ensure
his right to growth and
development. On the other hand the
implementation of one cluster of
rights will influence the assurance of
the other clusters of rights also to
some extent.
• CRC requires the realization of all
the rights it has created for all
children
Rights, Needs and duties
Child rights refer to the rights every child must have before and after birth for survival, growth and development. Parents, elders
and the community are bound by law to protect these rights.
Two other terms that are used along with rights when talking about children are needs and duties. Children's needs are often
met by parents or adults. But when talking about children's rights, we need to go beyond the concept of needs. Adults and
children have the same rights. To protect children's rights, parents, families, communities, countries and the government must
take responsibility for their work.
Children do not merely have needs that must be fulfilled at the discretion of parents and the state. They have rights that must
be fulfilled.
In our society and other Asian societies, we often speak of duties especially in relation to children. Just as parents have certain
duties, which they should fulfill towards their children, children also have certain duties. For example, children are expected to
always obey their parents and elders, not to retort or challenge the views of elders, even when they are adolescents.
By the right to participation, we mean that children also have a right to be heard, to be listened to, and to be consulted in making
decisions, especially those that affect them.
It is relevant to note that CRC attempts to balance the concept of child rights with that of duties, The child is not considered as an
individual who is served from the important social units of family and community, which are responsible for his/ her welfare.
Children are required to recognize the role of parent, the family and the state that they have responsibilities and duties respect
to adults.
Fundamental Principles Governing Children’s Rights
The concept of Child Right is governed by certain fundamental principles. The three main principles that govern child rights are
given below.
1. Child’s individual identity as the holder of rights
2. The principle of non-discrimination
3. The principal of the ‘best interests’s of the child
1. Child’s individual identity as the holder of rights
The concept of children’s rights refer to the rights the we have to consider not only the rights of very young children, but aso the
rights of adolescents and young persons in the family, the community and the legal system.
A basic right that follows, is a child right to name and nationality (Article 4) and a right to preserve identity. The child has to be
registered immediately after birth (Article 7) . So that his/ her right to citizenship can be ensured. In Sri Lanka the law places an
obligation on parents and those attending a birth to give notice of birth for the purpose of registrations.
Registration of a child is very much important thing in Sri Lanka. Some child rights can be loosen, if a child is not legally
registered. A Birth certificate is given to every child after the registration.
Activity one
ClassRoom Discussion
Discuss the impact of the birth certificate for the
violation of child rights
The lack of birth certificate creates some problems.
• In admitting a child to school.
• Obtaining a National Identity card
• Obtaining a passport
• Getting a job in government sector
There are other issues connected to child’s right to citizenship. Sri Lanka’s Citizenship act of 1948 specifies the laws governing the
conferment of citizenship by descent or registration. A child becomes a citizen by birth or descent only through the Srilankan
father and the paternal father line ancestry.
The child of an unmarried Sri Lankan women can claim citizenship through the mother and paternal relative on mother’s side.
The marital child whose father is not a Sri Lankan cannot, however, obtain citizenship and is thereby denied various rights
available only to citizenship can be obtained by a marital child whose mother is a citizen if mother has been continuous
residence for a period of 10 years. ( Citizenship Act 5)
Activity two
ClassRoom Discussion
Asha is 11 years old. Her father is a non- national and mother is a Sri Lankan citizen. Asha’s parents had married in 1985 and
decided to reside in Kandy after Asha was born. Asha gains admission to a private school and excels in sports. Her school sends
her as a member of their team to national sports competition. However, she is denied the chance to compete because she is a
non-citizen.
Examine this decision from the point of view of Child Rights and the fact that Sri Lanka is a state party to CRC.
Do you think this decision is a correct decision or incorrect decision? Explain.
Since the first moment children are born, they have the right to life. They have the right to a registered name and nationality.
They have the right to be cared for and protected by their parents and not be separated from their families. The government
needs to safeguard these rights and provide basic services for children to survive and thrive. This includes quality healthcare,
age-appropriate nutrition, clean drinking water and a safe place to live as well as access to future opportunities for development.
