The most
widely ratified human rights treaty in history is the
Convention on the Rights of the Child, which was adopted
by the UN on 20 November 1989. |
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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. The United States has also signed the
Convention, but has failed to ratify it. This may be because
some US States want to continue to be able to execute their
juveniles - an action expressly forbidden by the Convention.
According to the convention, a child is defined as:
...
a person under 18 (years of age), unless national
laws recognise the age of majority earlier. "
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(Article
I) |
It says
children have a right to:
- Protection from
violence, abuse, hazardous employment, exploitation,
abduction or sale.
- Special protection
in times of war and no child under 15 should ever have
to fight in an army.
- Protection from
disease and famine.
- Free compulsory
primary education.
- Adequate health
care.
- Equal treatment
regardless of gender, race or cultural background.
- Freedom to express
opinions and be listened to.
- Play.
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Implementation
The Committee on the Rights
of the Child oversees the Convention. Within two years of its
entry into force for the country concerned, a signatory is required
to submit an initial report on the measures it has adopted ad
on the progress made on the enjoyment of those rights.
Subsequently, reports must be submitted by the signatory every
five years. Governments are often very late in reporting, and
the Committee relies on the exercise of diplomatic pressure.
Protecting Children
By 1990, international awareness of the
commercial sexual exploitation and the sale of children had
grown to such a level that the United Nations Commission on
Human Rights created the mandate of the Special Rapporteur on
the sale of children, child prostitution and child pornography.
The current special rapporteur is Juan Miguel Petit from Uruguay.
He investigates the exploitation of children around the world
and submits reports on the findings to the General Assembly
and the Commission on Human Rights, making recommendations for
the protection of the rights of the children concerned.
These recommendations are targeted primarily at governments,
other United Nations bodies, and non-governmental organisations.
Issues of Concern
Since the Convention on the Rights of the
Child entered into force two optional protocols have been adopted
with the purpose of strengthening the rights already outlined
in the treaty and to bring attention to additional issues that
are of concern.
The Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child
pornography entered into force in January 2002.
The Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict was adopted
in February 2002.
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