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Children's and young people's rights
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Children's rights: International agreements for the protection of children
In the Universal Declaration of Human Rights of 1948 the UN stressed that children have a right to "special care and assistance". Basic children's rights are enshrined in the 1989 UN Convention on the Rights of the Child – and are thus binding under international law. At international level the Convention is the point of reference when it comes to children's legal right to decent development opportunities. In addition, children's rights have now been incorporated into numerous other international agreements and declarations.
The UN Convention on the Rights of the Child
The UN Convention on the Rights of the Child of 1989 explicitly elevates children's rights to the status of human rights and makes them binding under international law. The Convention applies to children and young people under the age of 18. It comprises 54 articles that set the standards applicable across the world regarding what constitutes a child-friendly society and describes the tasks a state and society must fulfil to implement these rights.
According to UNICEF the 10 basic children's rights are:
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The right to equal treatment
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The right to health
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The right to education
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The right to play and leisure time
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The right to freedom of expression, information and the right to be heard
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The right to be raised in a non-violent environment
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The right to protection from economic and sexual exploitation
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The right to protection in wartime and for refugee children
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The right to parental care
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The right to care when disabled
The Convention on the Rights of the Child has been signed by nearly all the states in the world (193), including Germany. No UN convention has more international approval. The UN Committee on the Rights of the Child regularly reviews the level of implementation in the signatory states.
Optional Protocols to the UN Convention on the Rights of the Child
Two Optional Protocols were added to the UN Convention on the Rights of the Child in 2000. One contains measures to protect children against becoming involved in armed conflicts. It forbids the use of children under the age of 18 in military conflicts. The second Optional Protocol prohibits the sale of children, child prostitution and child pornography, and obligates signatory states to take preventive measures against the sexual exploitation of children and young people and to rehabilitate affected children.
ILO conventions
The International Labour Organization (ILO) has adopted two agreements for the elimination and regulation of child labour:
The ILO Minimum Age Convention of 1973 (No. 138) obligates countries to adopt national laws stipulating a specific minimum age above which child labour is permissible. The minimum age varies in the signatory states between 14 and 16 years.
The ILO Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour of 1999 (No. 182) prohibits the use of children below the age of 18 years for all forms of work that are likely to be harmful to children's health, safety and moral development. It also stipulates that the signatory states must adopt national programmes of action to combat child labour.
International human rights agreements
Some children’s rights are also enshrined in international human rights agreements: Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights set out the right to education; Article 10 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) sets out the right of women and girls to equal access to education; Article 7 of the UN Convention on the Rights of Persons with Disabilities contains a special rule regarding protection against discrimination and a provision providing for equality for children and young people. The UN Additional Protocol on the Convention against Transnational Crime of December 2000 addresses the prevention, combating and prosecution of human trafficking, in particular the sale of women and children.
World Summit for Children
The World Summit for Children has been held twice in New York (in 1990 and 2002) on the initiative of UNICEF. Around 370 children and young people from around the world took part for the first time in 2002. The aim was to review the successes of the 1990 Plan of Action.
The result was a sobering one: In 2002 11 million children were still dying before they reached the age of five; 150 million were chronically undernourished; and 120 million children did not even start school. The Concluding Document adopted at the 2002 World Summit for Children ("A World Fit for Children") contains an agenda of measurable and verifiable targets and steps to be taken over the coming 10 years.
In December 2007 the UN published a progress report entitled "Progress towards A World Fit for Children". A follow-up event to the 2002 World Summit for Children (2002+5) was also held. In a UN Special Session on 11/12 December 2007 government representatives discussed with children and young people from around the world the progress that had been made and the challenges still faced.
Millennium Declaration
The Millennium Declaration follows on from previous agreements reached to protect children. The Declaration and most of the Millennium Development Goals (MDGs) derived from it explicitly refer to children and young people. The international community wants to achieve universal access to primary education by the year 2015, to reduce gender inequality and child mortality, and to improve HIV prevention.
Agenda 21
The UN Agenda 21 of 1992 officially recognised that children and young people are also responsible for implementing sustainable development. Since then young people have had a right to participate in and a right to a say in international negotiations. On the occasion of the Millenium+5 Summit in 2005, heads of state and government reaffirmed their intention to implement the Agenda 21 and Johannesburg Plan of Action, which also names young people as one of the main target groups and groups of actors.
European Union
The European Union (EU) has recognised the rights of children in its European Charter of Fundamental Rights. The Charter provides that the rights of children are to be promoted and protected through the EU’s own foreign policy activities, which form part of its obligation to promote human rights by all available means. The Guidelines for the Promotion and Protection of the Rights of Children of 2007 help to ensure that account is always taken of the rights of children in the political context and in the context of EU measures.
The EU Communication "Towards an EU Strategy on the Rights of the Child" (2006) addresses the promotion of children’s rights in policy dialogue and through existing and new instruments and cooperations. The promotion of children and young people is also one of six priority areas in the EU’s "Investing in People" Foreign Aid Programme.
The EU Guidelines on Children in Armed Conflicts of 2003 not only addresses the situation of children in armed conflicts, but also defines the EU’s goals, principles and guidelines on children’s rights. Instruments and measures for implementing children’s rights in third countries are also included. The Guidelines were updated in 2008.
In addition to various guidelines, the EU foreign ministers in May 2008 reaffirmed the importance of a comprehensive human rights-based approach. Their conclusion in a document entitled "Promoting and Protecting the Rights of Children in the EU’s Foreign Policy Activities – The Development Dimension and Humanitarian Dimension" obligates the EU to achieve this objective by all means available.
Regional initiatives
The African Charter on the Rights and Welfare of the Child entered into forced in 1999 and was drawn up in analogy with the UN Convention on the Rights of the Child. Many articles in the two conventions are similar. However, the African Charter does not include the right to social security. It does, however, guarantee some other rights, for example the prohibition of dangerous cultural practices that are prejudicial to children's health (Article 21).
In 2006 the African Union (AU) also signed the African Youth Charter, which entered into force in August 2009.
The Ibero-American Youth Charter (2008) and the Pacific Youth Charter (2006) are also based on the principles enshrined in the UN Convention on the Rights of the Child, which were adapted to the situation in the region. The two charters have not yet been ratified.
Information
External links
- Universal Declaration
of Human Rights
of 10 December 1948 - Convention on the Rights of the Child
- Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
- Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
- International Labour Organization (ILO): Convention Concerning Minimum Age for Admission to Employment
(Convention 138) - International Labour Organization (ILO): Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention 182)
- UNICEF: Children and the Millennium Development Goals – Progress towards A World Fit for Children
(PDF 3.2 MB) - United Nations Millennium Declaration
- The UN Secretary-General's Study on Violence against Children
- Towards an EU Strategy on the Rights of the Child
(PDF 175 KB) - EU Guidelines on Children and Armed Conflict
(PDF 123 KB) - African Youth Charter
(PDF 245 KB) - African Charter on the Rights and Welfare of the Child (PDF 69 KB)
