UNIVERSITY INSTITUTE OF LEGAL STUDIES,
PUNJAB UNIVERSITY, CHANDIGARH
PROJECT TOPIC:- Convention on the Rights of the Child , 1989
Submitted to:- Submitted by:- Gunjan
Mr. Agampreet Singh Class:- B.Com.LLB(HONS.)
Roll No.:- 250/19
Semester:- 9th
ACKNOWLWDGEMENT
Primarily, I would thank God for being able to complete this project with success. Then I would like
to thank my subject teacher of International Human Right - Mr. Agampreet Singh, whose
valuable guidance has been the ones that helped me patch this project and make it a full proff
success, his suggestions and instructions has served as the major contribution towards
completion of the project.
Then I would like to thank my parents and friends who have helped me with their valuable
suggestions and guidance has been helpful in various phases of the completion of the project.
Last but not the least I would thank myself who completed this project on time and with full efforts.
Gunjan
INDEX
S. No. CONTENT
1.) Introduction
2.) Historical Background
3.) Contents of the Convention on Rights of the Child
3.1.) Preamble
3.2.) Part 1 [Article 1-41]
3.3.) Part 2 [Article 42- 45]
3.4.) Part 3 [Article 46- 54]
4.) Conclusion
5.) Bibliography
INTRODUCTION
The United Nations Convention on the Rights of the Child is an important agreement by countries
who have promised to protect children’s rights.The Convention on the Rights of the Child explains
who children are, all their rights, and the responsibilities of governments. All the rights are
connected, they are all equally important and they cannot be taken away from children. 1The
effectiveness of its implementation within the jurisdiction of Ghana (first country in the world to
ratify the Convention, as a reflection of the country’s original commitment to the course of the
rights and welfare of the child), was critically examined in this modest study.
The evolution of Child rights on the global scale within the human rights discourse, has been
nothing but one of regrets. Occasioned not only from the position of gross cruelty and the selfish
attitude of parents (who regarded them as part of their properties without separate rights and
status of their own), but also from the display of ineptitude and injustice from the adult world.
In Europe and parts of the Americas, children were subjects of exploitation and violence in the per-
industrial period, characterized by a widespread phenomenon of child labor, that at the time,
involved even four and five-year old children. the idea of formal child education and the protection
of children from harm and exploitation by the adult world where children are accorded special
rights were non-existent during this period in question. In Asia and Africa, the plight of children
were worse off as children were not only abused and exploited, but were also traded off as slaves
to work far away in plantations from dawn to dusk. Most of them eventually lost their human
identity and dignity.
beginning from the 19th century to the mid- 20th century, the conceptualization of childhood
emerged.It was at this stage that international organizations and civilized states gave children
status and protected them from undesirable behavior and threats within the society, with the
attendant emergence of the idea of protecting children and providing them rights2 .
1
United Nations Convention on the Rights of the Child, available at: https://www.unicef.org/media/56661/file
2
(PDF) The UN Convention on the Rights of the Child(1989), available at: file:///C:/Users/asus/Downloads/8.Symposium.pdf
HITORICAL BACKGROUND
The Convention on the Rights of the Child was adopted by the General Assembly of the United
Nations by its resolution 44/25 of 20 November 1989.This was the end of a process which had
begun with the preparations for the 1979 International Year of the Child 3
Children had been discussed before by the international community. Declarations on the rights
of the child had been adopted by both the League of Nations (1924) and the United Nations
(1959). Also, specific provisions concerning children had been incorporated in a number of
human rights and humanitarian law treaties. Nevertheless, some States argued that there was a
need for a comprehensive statement on children's rights which would be binding under
international law.
That view was influenced by reports of grave injustices suffered by children: high infant
mortality, deficient health care, limited opportunities for basic education. There were also
alarming accounts of children being abused and exploited in prostitution or in harmful jobs, of
children in prison or in other difficult circumstances, and of children as refugees and victims of
armed conflict.
The drafting of the Convention took place in a working group set up by the United Nations
Commission on Human Rights.Government delegates formed the core of the drafting group, but
representatives of United Nations bodies and specialized agencies, as well as a number of non-
governmental organizations, took part in the deliberations. The original draft submitted by the
Polish Government was extensively amended and expanded through the long discussions.
The unanimous adoption of the Convention by the General Assembly paved the way for the
next stage: ratifications by States and the setting up of a monitoring committee, the Committee
on the Rights of the Child. Within less than a year, by September 1990, 20 States had legally
endorsed the Convention, which thereby entered into force
In the same month, the World Summit for Children was held in New York on the initiative of
UNICEF and six States (Canada, Egypt, Mali, Mexico, Pakistan and Sweden). The Summit
encouraged all States to ratify the Convention. By the end of 1990, 57 had done so, thereby
becoming States parties. In 1993, the World Conference on Human Rights held at Vienna
declared that the goal was universal ratification by the end of 1995.
3
Convention on the Rights of Child, available at: https://www.ohchr.org/sites/default/files/Documents/ProfessionalInterest/crc.pdf
Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the
involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of
children, child prostitution and child pornography. More than 170 states have ratified both
protocols. A third optional protocol relating to communication of complaints was adopted in
December 2011 and opened for signature on 28 February 2012. It came into effect on 14 April
2014.4
4
Convention on the Rights of the Child, available at: https://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child
CONTENTS OF THE CONVENTION ON THE RIGHTS OF THE CHILD
PREAMBLE
PART - 1
[ Article 1- 41]
PART - 2
[Article 42- 45]
PART - 3
[Article 46- 54]
PREAMBLE
The Preamble to the Declaration of the Rights of the Child highlights children’s need for special
care and protection, including appropriate legal protection, before as well as after birth.
The Declaration of the Rights of the Child lays down ten principles :
1. The right to equality, without distinction on account of race, religion or national origin.
2. The right to special protection for the child’s physical, mental and social development.
3. The right to a name and a nationality.
4. The right to adequate nutrition, housing and medical services.
5. The right to special education and treatment when a child is physically or mentally
handicapped.
6. The right to understanding and love by parents and society.
7. The right to recreational activities and free education.
8. The right to be among the first to receive relief in all circumstances.
9. The right to protection against all forms of neglect, cruelty and exploitation.
10. The right to be brought up in a spirit of understanding, tolerance, friendship among
peoples, and universal brotherhood.
Preamble recalls the basic principles of the United Nations and specific provisions to certain
relevant human rights treaties and proclamations such as the Universal Declaration of Human
Rights. Further it reaffirms the fact that children, because of their vulnerability, need special
care and protection. It also places special emphasis on the primary caring and protective
responsibility of the family, the need for legal and other protection of the child, the importance
of respect for the cultural values of the child’s community, and the vital role of international co-
operation in achieving the realisation of children’s rights.
PART - 1 [ Article 1-41 ]
Article 1 - Definition of Child
For the purposes of the present Convention, a child means every human being below the age of
18 years unless, under the law applicable to the child, majority is attained earlier.
Article 2 - No Discrimination
The first clause of article 2 sets out the fundamental obligations of States Parties in relation to the
rights outlined in the remainder of the Convention on the Rights of the Child – to “respect and
ensure” all the rights in the Convention to all children in their jurisdiction without discrimination of
any kind.
“Non-discrimination” has been identified by the Committee on the Rights of the Child as a general
principle of fundamental importance for implementation of the whole Convention. Here no
discrimination shall be done with any chils, irrespective of the child’s or his or her parent’s or legal
guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status.
The second clause of Article 2 states that States shall take all appropriate measures to ensure
that the child is protected against all forms of discrimination or punishment on the basis of the
status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family
members.
Article 3 - Best in Interest of Child
The Committee on the Rights of the Child has highlighted article 3(1), that the best interests of the
child shall be a primary consideration in all actions concerning children, as one of the general
principles of the Convention on the Rights of the Child. Here any actions concerning children,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities or legislative bodies shall be the best in interests of the child and be a primary
consideration.
The second and third paragraphs of article 3 are also of great significance. Article 3(2) outlines an
active overall obligation of States, ensuring the necessary protection and care for the child’s well
being in all circumstances, taking into account the rights and duties of his or her parents, legal
guardians, or other individuals legally responsible for him or her, and, to this end, shall take all
appropriate legislative and administrative measures.
Article 3(2) sets out overarching implementation obligations of the State. Article 3(3) requires that
standards be established by “competent bodies” for all institutions, services and facilities for
children, and that the State ensures that the standards are complied with.
Article 4 - Making Rights Real
Article 4 sets out State’s overall obligations to implement all the rights in the Convention on the
Rights of the Child. They must take “all appropriate legislative, administrative, and other
measures”. Only in relation to economic, social and cultural rights, is there the qualification that
such measures shall be undertaken to the maximum extent of their available resources and,
where needed, within the framework of international cooperation. Neither the Convention itself nor
the Committee defines which of the articles include civil and political rights and which economic,
social or cultural rights. It is clear that almost all articles include elements which amount to civil or
political rights. Governments must do all they can to make sure that every child in their countries
can enjoy all the rights in this Convention.
Article 5 - Family Guidance as Children Develop
Article 5, together with article 18 in particular, provides a framework for the relationship between
the child, his or her parents and family, and the State. The article provides the Convention on the
Rights of the Child with a flexible definition of “family” and introduces to the Convention two vital
concepts: parental “responsibilities” and the “evolving capacities” of the child. The article also
signals clearly that the Convention regards the child as the active subject of rights, emphasizing
the exercise “by the child” of his or her rights.
Article 6 - Life, Survival and Development
Article 6 is one of the articles designated by the Committee on the Rights of the Child as a general
principle, guaranteeing the child the fundamental right to life, upheld as a universal human rights
principle in other instruments, and to survival and development to the maximum extent possible.
The concept of “survival and development” to the maximum extent possible is crucial to the
implementation of the whole Convention. The Committee on the Rights of the Child sees
development. t as an holistic concept, and many articles of the Convention specifically refer to the
goal of development. Other articles emphasize the key role of parents and the family for child
development and the State’s obligation to support them. Protection from violence and exploitation
is also vital to maximum survival and development.
Article 7 - Name and Nationality
Article 7 provides for the birth registration of children and for children’s rights to a name, a
nationality and to know and be cared for by their parents. States shall ensure the implementation
of these rights in accordance with their national law and their obligations under the relevant
international instruments in this field, in particular where the child would otherwise be stateless.
Article 8 - Identity
States should respect the right of the child to preserve his or her identity, including nationality,
name and family relations as recognized by law without unlawful interference. Where a child is
illegally deprived of some or all of the elements of his or her identity, States shall provide
appropriate assistance and protection, with a view to speedily re-establishing his or her identity.
Article 9 - Keeping Families Together
Article 9 of the Convention on the Rights of the Child enshrines two essential principles of
children’s rights: first, that children should not be separated from their parents unless it is
necessary for their best interests and, second, that all procedures to separate children from
parents on that ground must be fair. It also affirms children’s rights to maintain relations and
contact with both parents, and places a duty on the State to inform parent and child of the
whereabouts of either if the State has caused their separation (for example by deportation or
imprisonment) unless the provision of the information would be detrimental to the well-being of the
child.
Article 10 - Contact with Parents Across the Countries
Aticle 10 of the Convention on the Rights of the Child is concerned with rights to “family
reunification” of children who are, or whose parents are, involved in entering or leaving a country.
The article requires States to deal with family reunification “in a positive, humane and expeditious
manner” and to allow parents and children to visit each other if they live in different States. Most
families affected by article 10 are either so called “economic migrants”, refugees (although it
should be noted that parents or children of refugees may seek entry for the purposes of family
reunification rather than asylum) or children of separated parents living in different countries..
Article 11 - Protection from Kidnapping
States have responsibilities under article 11 to prevent children from being wrongfully taken or
from being retained outside their jurisdiction, to secure that these children are recovered and to
undertake that abducted children brought into their jurisdiction are returned. The article is primarily
concerned with parental abductions or retention. To this end, States Parties shall promote the
conclusion of bilateral or multilateral agreements or accession to existing agreements.
Article 12 - Respect for Children View
States shall assure to the child who is capable of forming his or her own views the right to express
those views freely in all matters affecting the child, the views of the child being given due weight in
accordance with the age and maturity of the child. For this purpose, the child shall in particular be
provided the opportunity to be heard in any judicial and administrative proceedings affecting the
child, either directly, or through a representative or an appropriate body, in a manner consistent
with the procedural rules of national law.
Article 13 - Sharing Thoughts Freely
The child shall have the right to freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of the child’s choice. The exercise of this
right may be subject to certain restrictions, but these shall only be such as are provided by law and
are necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order (ordre public), or of public health or
morals.
Article 14 - Freedom of Thought and Religion
States shall respect the right of the child to freedom of thought, conscience and religion.States
shall also respect the rights and duties of the parents and, when applicable, legal guardians to
provide direction to the child in the exercise of his or her right in a manner consistent with the
evolving capacities of the child. Freedom to manifest one’s religion or beliefs may be subject only
to such limitations as are prescribed by law and are necessary to protect public safety, order,
health or morals, or the fundamental rights and freedoms of others.
Article 15 - Setting Up or Joining Groups
States shall recognize the rights of the child to freedom of association and to freedom of peaceful
assembly. Further no restrictions may be placed on the exercise of these rights other than those
imposed in conformity with the law and which are necessary in a democratic society in the
interests of national security or public safety, public order (order public), the protection of public
health or morals or the protection of the rights and freedoms of others.
Article 16 - Protection of Privacy
Article 16 provides for the right of every child to be protected by the law against arbitrary or
unlawful interference with his or her privacy, family, home or correspondence as well as against
unlawful attacks on his honour and reputation.
Article 17 - Access to Information
States recognize the important function performed by the mass media and shall ensure that the
child has access to information and material from a diversity of national and international sources,
especially those aimed at the promotion of his or her social, spiritual and moral well-being and
physical and mental health.
To this end, States Parties shall:-
(a) Encourage the mass media to disseminate information and material of social and cultural
benefit to the child and in accordance with the spirit of article 29
(b) Encourage international cooperation in the production, exchange and dissemination of such
information and material from a diversity of cultural, national and international sources
(c) Encourage the production and dissemination of children’s books
(d) Encourage the mass media to have particular regard to the linguistic needs of the child who
belongs to a minority group or who is indigenous
(e) Encourage the development of appropriate guidelines for the protection of the child from
information and material injurious to his or her well-being, bearing in mind the provisions of articles
13 and 18.
Article 18 - Responsibility of Parents
States shall use their best efforts to ensure recognition of the principle that both parents have
common responsibilities for the upbringing and development of the child. Parents or, as the case
may be, legal guardians, have the primary responsibility for the upbringing and development of the
child. The best interests of the child will be their basic concern. For the purpose of guaranteeing
and promoting the rights set forth in the present Convention, States shall render appropriate
assistance to parents and legal guardians in the performance of their child-rearing responsibilities
and shall ensure the development of institutions, facilities and services for the care of children.
States shall also take all appropriate measures to ensure that children of working parents have the
right to benefit from child-care services and facilities for which they are eligible.
Article 19 - Protection from violence abuse and neglect
Governments must do all they can to ensure that children are protected from all forms of violence,
abuse, neglect and bad treatment by their parents or anyone else who looks after them.
Article 20 (children unable to live with their family)
If a child cannot be looked after by their immediate family, the government must give them special
protection and assistance. This includes making sure the child is provided with alternative care
that is continuous and respects the child’s culture, language and religion.
Article 21 (adoption)
Governments must oversee the process of adoption to make sure it is safe, lawful and that it
prioritises children’s best interests. Children should only be adopted outside of their country if they
cannot be placed with a family in their own country.
Article 22 (refugee children)
If a child is seeking refuge or has refugee status, governments must provide them with appropriate
protection and assistance to help them enjoy all the rights in the Convention. Governments must
help refugee children who are separated from their parents to be reunited with them.
Article 23 (children with a disability)
A child with a disability has the right to live a full and decent life with dignity and, as far as
possible, independence and to play an active part in the community. Governments must do all
they can to support disabled children and their families.
Article 24 (health and health services)
Every child has the right to the best possible health. Governments must provide good quality
health care, clean water, nutritious food, and a clean environment and education on health and
well-being so that children can stay healthy. Richer countries must help poorer countries achieve
this.
Article 25 (review of treatment in care)
If a child has been placed away from home for the purpose of care or protection (for example, with
a foster family or in hospital), they have the right to a regular review of their treatment, the way
they are cared for and their wider circumstances.
Article 26 (social security)
Every child has the right to benefit from social security. Governments must provide social security,
including financial support and other benefits, to families in need of assistance.
Article 27 (adequate standard of living)
Every child has the right to a standard of living that is good enough to meet their physical and
social needs and support their development. Governments must help families who cannot afford to
provide this.
Article 28 (right to education)
Every child has the right to an education. Primary education must be free and different forms of
secondary education must be available to every child. Discipline in schools must respect children’s
dignity and their rights. Richer countries must help poorer countries achieve this.
Article 29 (goals of education)
Education must develop every child’s personality, talents and abilities to the full. It must encourage
the child’s respect for human rights, as well as respect for their parents, their own and other
cultures, and the environment.
Article 30 (children from minority or indigenous groups)
Every child has the right to learn and use the language, customs and religion of their family,
whether or not these are shared by the majority of the people in the country where they live.
Article 31 (leisure, play and culture) Every child has the right to relax, play and
take part in a wide range of cultural and artistic activities.
Article 32 (child labour)
Governments must protect children from economic exploitation and work that is dangerous or
might harm their health, development or education. Governments must set a minimum age for
children to work and ensure that work conditions are safe and appropriate.
Article 33 (drug abuse)
Governments must protect children from the illegal use of drugs and from being involved in the
production or distribution of drugs.
Article 34 (sexual exploitation)
Governments must protect children from all forms of sexual abuse and exploitation.
Article 35 (abduction, sale and trafficking)
Governments must protect children from being abducted, sold or moved illegally to a different
place in or outside their country for the purpose of exploitation.
Article 36 (other forms of exploitation)
Governments must protect children from all other forms of exploitation, for example the
exploitation of children for political activities, by the media or for medical research
Article 37 (inhumane treatment and detention)
Children must not be tortured, sentenced to the death penalty or suffer other cruel or degrading
treatment or punishment. Children should be arrested, detained or imprisoned only as a last resort
and for the shortest time possible. They must be treated with respect and care, and be able to
keep in contact with their family. Children must not be put in prison with adults.
Article 38 (war and armed conflicts)
Governments must not allow children under the age of 15 to take part in war or join the armed
forces. Governments must do everything they can to protect and care for children affected by war
and armed conflicts.
Article 39 (recovery from trauma and reintegration)
Children who have experienced neglect, abuse, exploitation, torture or who are victims of war
must receive special support to help them recover their health, dignity, self-respect and social life.
Article 40 (juvenile justice)
A child accused or guilty of breaking the law must be treated with dignity and respect. They have
the right to legal assistance and a fair trial that takes account of their age. Governments must set a
minimum age for children to be tried in a criminal court and manage a justice system that enables
children who have been in conflict with the law to reintegrate into society.
Article 41 (respect for higher national standards)
If a country has laws and standards that go further than the present Convention, then the country
must keep these laws.
PART -2 [Article 42-45] define how compliance with the Convention
is to be monitored and fostered.
Article 42 (knowledge of rights)
Governments must actively work to make sure children and adults know about the Convention.
Article 43 and Article 44
States which ratify the Convention must submit a report on implementation two years after
ratification and every five years thereafter. This report is submitted to the UN Committee on the
Rights of the Child which consists of eighteen child rights experts elected by State Parties for the
purposes of examining progress made by State Parties in implementing the Convention. State
Parties are required to make their reports widely available to the general public in their own
country.
Article 45
In order to “foster the effective implementation of the Convention and to encourage international
cooperation”, the specialised agencies of the UN (such as the ILO, WHO, UNHCR, UNESCO and
UNICEF3 ) are involved in the process of considering international reports. Non-governmental
organisations (NGOs) may also submit relevant information to the UN Committee on the Rights of
the Child. The Committee may invite the UN specialised agencies and NGOs to advise on the
optimal implementation of the Convention.
PART -3 [ Articles 46 – 54] define the conditions under which the
Convention comes into force.
Article 46
The present Convention shall be open for signature by all States.
Article 47
The present Convention is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
Article 48
The present Convention shall remain open for accession by any State. The instruments of
accession shall be deposited with the Secretary-General of the United Nations.
Article 49
The present Convention shall enter into force on the thirtieth day following the date of deposit with
the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument
of ratification or accession, the Convention shall enter into force on the thirtieth day after the
deposit by such State of its instrument of ratification or accession.
Article 50
Any State Party may propose an amendment and file it with the Secretary-General of the United
Nations. The Secretary-General shall thereupon communicate the proposed amendment to States
Parties, with a request that they indicate whether they favour a conference of States Parties for the
purpose of considering and voting upon the proposals. In the event that, within four months from
the date of such communication, at least one third of the States Parties favour such a conference,
the Secretary-General shall convene the conference under the auspices of the United Nations.
Any 15 amendment adopted by a majority of States Parties present and voting at the conference
shall be submitted to the General Assembly for approval.
An amendment adopted in accordance with paragraph 1 of the present article shall enter into force
when it has been approved by the General Assembly of the United Nations and accepted by a
twothirds majority of States Parties.
When an amendment enters into force, it shall be binding on those States Parties which have
accepted it, other States Parties still being bound by the provisions of the present Convention and
any earlier amendments which they have accepted.
Article 51
The Secretary-General of the United Nations shall receive and circulate to all States the text of
reservations made by States at the time of ratification or accession. A reservation incompatible
with the object and purpose of the present Convention shall not be permitted. Reservations may
be withdrawn at any time by notification to that effect addressed to the Secretary-General of the
United Nations, who shall then inform all States. Such notification shall take effect on the date on
which it is received by the Secretary-General
Article 52
A State Party may denounce the present Convention by written notification to the Secretary-
General of the United Nations. Denunciation becomes effective one year after the date of receipt
of the notification by the Secretary-General.
Article 53
The Secretary-General of the United Nations is designated as the depositary of the present
Convention.
Article 54
The original of the present Convention, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the
United Nations. IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized
thereto by their respective governments, have signed the present Convention.
.
CONCLUSION
The Convention on the Rights of the Child (CRC) is the most universally accepted human rights
instrument, ratified by every country in the world except two. The Convention incorporates the full
range of human rights - civil, political, economic, social and cultural rights - of children into one
single document. The Convention was adopted by the UN General Assembly on 20 November
1989 and entered into force in September 1990.
There is an age-old saying “Children are a gift from the Lord; they are a reward from him”, but with
the passage of time the saying enters into a realm of absurdity. Every child deserves to be treated
fairly, equally and with utmost dignity, irrespective of all their differences. They are entitled to all
the basic rights, no matter what race, colour, caste, creed, language, ethnicity or gender they
belong to. The nation, the government, the citizens of the country, must stand united and raise
their voice against any atrocities a child goes through. It is important that the suffering of children
throughout the country be ended, and they should be given a healthy, happy and safe
environment that nurtures them physically, mentally and emotionally, only then, will the future of
the nation be in safe hands.
Bibliography
1.) UN Convention on the Rights of Child, available at: http://www.savethechildren.org.uk (Visited
on 20th September, 2023)
2.) UNCRC_Summary1_1.pdf, available at: http://www.unicef.org.uk (Visited on 20th September,
2023)
3.) Implementation Handbook For The Convention On The Rights Of The Child, available at:
http://www.refworld.org/pdfid/585150624.pdf ( Visited on 22nd September, 2023)
4.) File on UNCRC, available at: https://www.unicef.org/media/56661/file (Visited on 22nd
September, 2023)
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25th September,2023)
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September, 2023)
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