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The following text is an extract from the German children's relief organization terre des hommes. This paper deals with the main issues contained within the UN children's rights convention, as well as addressing difficulties experienced during implementation of the rights cited in the document and especially the difficulties surrounding child protection.
Ever since its foundation, the children's relief organization terre des hommes has been committed to enforcing children's rights across the world. In carrying out this task, it uses the Declaration of the Rights of the Child adopted by the United Nations in 1959. This Declaration was replaced by the UN Convention on the Rights of the Child in 1989. The need to address the meaning, the content, the political prospects and also the limitations of this Convention remains great.
The Convention has been ratified by 190 nations so far. Some of these nations have negotiated exemption clauses or reservations. The Convention was adopted by the UN Assembly in 1989 following 10 years of careful preparation. A number of non-governmental organizations played a key role in the creation of the document. The Convention on the Rights of the Child is made up of a preamble, 41 main articles and 9 articles containing implementation regulations.
The Convention on the Rights of the Child views childhood as a complicated period in the life of an individual, the accomplishment of which is dependent on a great deal of conditions. The Convention and the rights of the child within it contradicts neither the rights of parents nor the rights and responsibilities of the state. The well-being of the child forms the Convention's guiding principle. All measures and intentions have to satisfy this criteria and may not be interpreted to the disadvantage of the child.
The UN's children's rights convention forms one of the central documents in the international protection of human rights. It sets out in the form of rights the basic requirements for a befitting childhood.
The UN's children's rights convention provides the universal standard in the assessment of children's living conditions in all countries and societies across the globe. This is necessary because the rights of children are violated in many nations. Legal principles are set down to give the weak, vulnerable and inferior a chance to enforce their interests against the strong and powerful. terre des hommes stands firmly against the widespread opinion that frequent and serious violations of children's and human rights make international agreements in this area ineffective and therefore superfluous.
Children are independent personalities with specific needs and rights. This statement in the UN's children's rights convention represents a qualitative step forward from the position held previously, which often regarded children being under their parents or other adults' authority. As expected, international preliminary documents repeatedly emphasized the one-sided need for protection of children against danger and exploitation. The aim of the UN's children's rights convention, on the other hand, is to change the relationship of adults to children.
The UN's children's rights convention is a contract between states. This contract obliges each and every one of these states to realize and implement the rights guaranteed in the convention. No one can or may relieve the nations of this responsibility nor take on this responsibility. The implementation of this convention, therefore, is necessary in every nation. International human rights declarations are also signed to gain international credibility, even when a genuine will to implement them does not exist. Misuse of the children's rights convention in the way described above must be prevented.
The children's rights convention is an international compromise between many very different societies, political systems and economic systems. It is by no means perfect and must be continually discussed and improved. terre des hommes will contribute to these discussions insofar as our mandate is effected.
In some areas it is important to negotiate, to put in more detail and to put in more concrete terms the contracts and bilateral agreements between states. An example for this is the intercultural adoption of the Haager Convention in 1993.
The active long-term realization and promotion of children's rights is also the responsibility of citizens and children - at home and worldwide.
An effective legal instrument for practical implementation of individual children's rights is not available to the convention. We will support all national and international efforts to put an end to this deficit.
Adequate laws in this area are already in the statute books of many countries. Children's rights are neglected by states nevertheless, either because they are unwilling or unable to implement their own laws. The state reports intended by the convention provide a useful tool for exposing such mismanagement. Non-governmental organizations play a key role in gathering information, since they are able to report independently of state interests
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