Introduction
The most widely ratified human rights treaty in history is the Convention on the Rights of the Child, which was adopted by the United Nations on 20th November 1989. As at the end of 2003, only two countries have failed to ratify it – Somalia; which until recently did not have an internationally recognised government, signed the Convention in May 2002 but has not yet ratified it, and The United States, which has also signed the Convention, but has also failed to ratify it. Singapore signed and ratified the Convention in October 1995. The Convention builds upon the 1959 General Assembly’s Declaration on the Rights of the Child.
Content of the Convention
Definition of a child
According to Article 1 of the Convention, a child is defined as “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.”
Guiding Principles
There are four guiding principles enshrined in the Convention. These are meant to help with the interpretation of the Convention as a whole and act as a guide for implementation. The four principles are:-
- Non-Discrimination (article 2)
- Best Interests of the Child (article 3)
- The Right to Life, Survival and Development (article 6)
- Participation of the Child (article 12)
Highlights of the Convention
The Convention states that:
- Every child has the inherent right to life, and States shall ensure to the maximum child survival and development.
- Every child has the right to a name and nationality from birth.
- Children shall not be separated from their parents, except by competent authorities for their well-being.
- States shall facilitate reunification of families by permitting travel into, or out of, their territories.
- Parents have the primary responsibility for a child’s upbringing, but States shall provide them with appropriate assistance and develop child-care institutions.
- States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.
