INFORMATION | An Introduction to Childrens Rights and the United Nations Convention on the Rights of the Child

1. Definition of Child Protection

The definition of child protection is in its simplest terms the act of protecting children aged under 18 years old from threats of violence, exploitation, abuse and neglect. Article 19 of the United Nations Convention on the Rights of the Child provides legislation regarding the protection of children in and out of the home environment. Child protection is the action of reducing and eradicating  a child's exposure to serious risk or harm which may be present in the form of one single event or exposure to multiple harmful events. The Working Together to Safeguard Children 2013 identified four key areas of abuse and neglect; emotional abuse, physical abuse, sexual abuse and neglect. The difference between safeguarding and child protection is that generally safeguarding pertains to the policies and procedures put in place by governing bodies to ensure child safety and the promotion of good child wellbeing whereas child protection is the activity undertaken to protect specific at risk children who are likely to suffer or maybe are already suffering from significant harm. 

2. Why do children need a separate legal framework denoting their rights?

The drafting process of the CRC took ten years in total and began in the international year of the child, 1979. Before the conception of the CRC there was the Declaration on the Rights and Welfare of Children. Due to it being introduced at the height of the Cold War it was, naturally, very politically charged. At the time and throughout the drafting process there were many doubts regarding whether children need a separate convention detailing their rights. These doubts manifested themselves in questions regarding whether or not children are autonomous beings, separate from their parents, how to define a child and doubts over when a child becomes a child; conception or birth. Due to the highly contentious nature both culturally and morally regarding the last issue it was decided that the beginning of a child would be at the discretion of each member state.

3. The CRC Drafting Process & the CRC Committee

Article 38 was the last article to be unanimously agreed upon by the committee and it concerns children in armed conflict. Additionally, the CRC does not address child marriages. Niger currently has the highest number, globally, of child marriages with over 70% of girls married before their 18th birthday. Bangladesh has the highest rate of marriages involving girls under 15 and South Asia is home to 42% of all child brides with India holding one third of the global total alone. By not including child marriage protocols and protections, the CRC contradicts itself as one of the key fundaments of the CRC is to limit discrimination and it is shown that girls are more likely to fall victims to child marriages. 

The U.S took an active role in the drafting process and were considered leaders  in contributing to the right of privacy and the right to freedom of expression. However, the U.S has never formally recognised economic, social or cultural rights as synonymous with human rights. They also believe by acknowledging the rights of the child threatens the power and authority of the parents. The U.S is the only member of the United Nations not to ratify the Convention on the Rights of the Child. 

4. History of Child Protection and the CRC 

In 1924 the League of Nations adopted the Geneva Declaration on the Rights of the Child which was drafted by the founder of the Save the Children Fund, Eglantyne Jebb. The Declaration explicitly stated that all people owe children a number of rights including providing means for their development, help in times of need, priority access to relief, economic freedom, protection from exploitation plus an upbringing that promotes social consciousness and duty. Following this, in 1946, the United Nations General Assembly established the International Children's Emergency Fund (UNICEF), with particular focus on children around the world. Two years later in 1948, the United Nations General Assembly passed the Universal Declaration of Human Rights. In Article 25 of the Declaration it details that mothers and children are entitled to special care, assistance and social protection. Over a decade later in 1959 the UN General Assembly adopted the Declaration of the Rights of the Child which recognised the fundamental rights of the child to access education, play, a supportive environment, health care amongst other rights. 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 in 1966. Following the 1968 International Conference on Human Rights an agenda for future work is drafted and national commitments to uphold human rights are made. The international labour Organisation, in 1973, adopted Convention 138 setting the minimum age of work deemed hazardous to a person's health, safety or morals at 18. The following year after concerns surrounding the vulnerability of women and children in areas of conflict and emergency situations the General Assembly called on Member States to observe the Declaration on the Protection of Women and Children in Emergency and Armed Conflict. The Declaration prohibited attacks against or imprisonment of civilian women and children, and upholds the sanctity of the rights of women and children during armed conflict. In 1978 the Commision on Human rights puts forth a draft of a Convention on The Rights of the Child by a working group of Member States, agencies intergovernmental and non governmental organisations. 1979 was declared the International Year of The Child in order to mark the 20th anniversary of the 1959 Declaration of the Rights of the Child. 10 years later, in 1989 The UN General Assembly adopted the Convention on the Rights of The Child. It is acclaimed to be a landmark in human rights as it recognised the role of children as social, economic, political, civil and cultural actors. The convention sets forth the minimum standards of protections and provides guarantees of children rights. In 1990 the World Summit for Children was held in New York and the guidelines for the Prevention of Juvenile Delinquency outlined strategies in order to prevent criminality and offer protection to children who would be deemed as having a high social risk. In 2000 The United Nations General Assembly adopted 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. In the same vein in 2011 a new Optional Protocol to the 1989 Convention on the Rights of the Child was 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. The most recent update was in 2015 when Somalia and South Sudan ratified the convention leaving the United States as the only member state not to ratify the UN Convention on the Rights of The Child.

5. Strengths and Limitations of the CRC

Strengths of the CRC include the fact that it offers comprehensive and expansive protection to at risk children. This is possible due to the conventions global reach and also due to setting a global standard for children's rights and protection. Additionally, for all the member states that ratified the convention it is legally binding. Moveover, the convention promotes inclusivity such as children's health and education as well as promoting participation and championing the voices of children as laid out in Article 12. The article specifically concerned with the rights of disabled children is Article 23 and actively recognizes that disabled children are vulnerable to discrimination and segregation. Article 28 and 29 extensively cover a child's right to education.

Looking critically at the CRC it is plausible to suggest that the convention has an array of limitations. One of these limitations is the fact that the definition and ages of a child are unclear. Another key limitation of the CRC is that it imposes westernised standards of child protection onto different cultures. Furthermore, the CRC lacks enforcement as it does not prescribe any sanctions and the other main limitations that it is contradictory, often going against its fundamental principles. This can be seen in the case of participation of children in armed conflicts because the CRC states that any person under the age of 18 is a child but in the case of participation in armed conflict the age of a child is cut off at 15. Another major gap in the convention is the prevention of child exploitation especially with concerns regarding the sale of children, child prost*tution and child p*rn*gr*phy. The CRC does state that children are not to be exploited but does not explicitly address any of these issues as the committee felt there was a need to focus more on addressing risk factors. These gaps are prevalent due to the fact that all international laws and conventions are a compromise and as many people are working together as possible to build a consensus. For example, the United States, Republics and Russia wanted to keep the age of children in armed conflict at 18 because it aligns with their own domestic practices. Gaps with regards to children in armed conflicts also exist due to the consolidation of previous laws for example the international humanitarian law stipulates 15 not 18. It could be suggested that the gaps surrounding the exploitation of children are ever growing due to the dangerous and pervasive role of the internet. Whilst being a place of stimulation, education and self expression for children it is also a dangerous place where children are recruited and exploited for projects and activities that have the capability to inflict serious and substantial harm. There is also the fact that sex tourism is a growing phenomonon. These reasons are contributing factors as to why the optional protocols were established, which the United States have ratified.

6. Optional protocols

There are 3 optional protocols which could be considered as amendments to the CRC. Firstly there is the Optional Protocol On the Involvement of Children in Armed Forces (OPAC) known informally as the child soldier treaty. This optional protocol prohibits the conscription of any child under 18into any military, enlistments cannot be under 16 and recruits aged 16 and 17 are categorically not allowed to take part in any direct conflict. The protocol also demands that non state armed groups cannot recruit anyone under 18 for any reason. Australia despite following OPAC recruits cadets aged 13-18 and in some cases brings them onto Australian Defence Force bases and in the UK it is permitted for people to enlist as early as 16. Child Soldiers International reported that between 2003 and 2011 the British Armed Forces deployed 22 personnel under 18 to Iraq and Afghanistan. The Second Optional Protocol pertains to the sale of children, Child Pr*st*t*t**n and Child P*rn*gr*phy and requires parties to take appropriate measures to prevent and protect victims of child trafficking, pr*st*t*t**n and p*rn*gr*phy as well as child labour espessially the worst forms of such. Article 2 provides clear definitions and the following articles set a standard of law enforcement. The 3rd and newest optional Protocol establishes a communications procedure that provides children who feel their rights have been violated with an international complaints mechanism.

7. Violation of the CRC 

Due to the expansive nature of the CRC it is easy for countries to violate the terms of the convention. These violations could include amongst other issues, child poverty, violence against children in all its forms, discrimination against girls as well as children born out of wedlock, disrimination against children with disabilities plus migrant, asylum seeking, stateless and refugee children. Some countries are not equipped economically to avoid some of these violations such as poverty whereas other countries current political stance makes these violations unfortunately inevitable. 

• USEFUL INFORMATION 

• The United Nations Convention on the Rights of The Child https://www.ohchr.org/en/professionalinterest/pages/crc.aspx

• Girls not Brides Campaign to Protect Girls From Child Marriage https://www.girlsnotbrides.org/join-our-campaign-to-protect-girls-from-child-marriage/

• Spotting the Signs of Child Abuse https://www.nspcc.org.uk/what-is-child-abuse/spotting-signs-child-abuse/

• Protecting Children From Violence, Exploitation and Abuse https://www.unicef.org/protection/57929_57972.html

• Child Protection Charities https://www.charitychoice.co.uk/charities/children-and-youth/child-protection?onlinedonations=0