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The following extracts are from a tdh report marking the 10th anniversary of the adoption of the Convention of the Rights of the Child by the UN Assembly and encompass the following sections:
1. The Convention's basic principles "The Convention on the Rights of the Child was adopted by the General Assembly of the United Nations on 20 November 1989. The convention had been signed by 61 nations within a short period of time: An unprecedented reaction to a United Nations agreement. The introduction of the convention on 2 September 1990 formed the climax of efforts stretching back over 70 years to persuade the international community to recognize the special needs and vulnerability of children. On the 10th anniversary of the convention's adoption, only two nations had not yet ratified, Somalia and the USA. This widespread acceptance of the standards and responsibilities laid down in the convention goes hand-in-hand with a previously unseen high level of expectation as to the practical implications that this convention should have. Less of a children's rights catalogue, the children's rights convention is more of a comprehensive list of governments obligations to children in the form of responsibilities, which individual states are prepared to recognize. These can take the form of direct responsibilities such as the provision of education and ensuring appropriate administration of justice, or indirect responsibilities giving parents, extended family or guardians the opportunity to take on care, protection and responsibility for their children. The convention contains two essential concepts with important implications:
Three important changes were made to the convention. The first change was to introduce the right of participation, which recognized the importance of informing children about their rights. In a second change, the convention tackled issues which had never been addressed by any other international document in the past For example the right of children to rehabilitation after falling victim to cruelty and abuse, and the requirement for governments to abolish traditional practices harmful children's health. The third change was to introduce principles and standards that had previously been included in a non-binding form only, especially concerning adoption of children and youth jurisdiction. If the need for good laws and political action is indispensable, it is certainly not sufficient in isolation in order to ensure that children's rights are respected. Governments must ensure that measures aimed at tackling problems are actually put into effect by providing both financial and human resources. The Committee on the Rights of the Child has identified the following articles as being the universal principles on which the convention's other rights are founded:
Ten years after its adoption, the convention has become the undisputed reference document for children's rights issues. As such, this document has influenced other international documents such as the ILO Convention on the worse types of child labor [Back to top of page] [Back to overview]
2. Reality Following ratification of the convention, many governments have begun to promote children's rights and to introduce the basic principles of the convention into national law. This involves abolishing existing laws discriminating against children or creating new laws promoting children's rights. Another response by governments to the convention has been a tendency to set up national structures concentrating on the needs of children and young people. Almost every government in the world now has a ministry, commission or council responsible for children. The purpose of these institutions is to steer national attention in the direction of children, to monitor the progress being made by children and to promote children's rights issues during the political decision-making process. With the creation of laws and structures, governments have been able to introduce children-friendly political measures and programs to protect and promote children's rights. Despite all these positive developments, the convention still has a long way to go before implementation is complete in all parts of the world. Great advances have been made over the past ten years. Over 80 percent of the world's children are now immunized against childhood diseases such as polio and access to clean water has improved by over ten percent since 1990. The challenge now lies in reaching the children who have not yet benefited from these developments. Almost twelve million children die every year from diseases such as diarrhea, pneumonia, malaria and measles. As many as one child in four dies before its fifth birthday in some countries. Suffering from extreme poverty and undernourishment, most of these children have no access to the health care that would enable them to develop into healthy, productive adults. Around 130 million school-aged children do not go to school. Two thirds of these are girls. These children are being denied their basic right to an education. According to estimates, around 855 million people - one sixth of humanity - will still be illiterate by the beginning of the new millennium. Statistics such as this reflect the enormity of the challenge ahead. From an estimated total of around 250 million child workers, many millions of children work in conditions that either seriously endangers their survival, damages their health or makes a basic education impossible. Over a million children fall into the clutches of the illegal sex trade every year. Estimates suggest that a million children were sold or traded in national and cross-border trade. Many of these children are forced to live under slave-like conditions. Economic exploitation is the common link running through these statistics. And it is real children that are falling victim to the kind of abuse detailed in these statistics. Ten years since the convention's adoption, economic unrest has affected many of the world's regions. Pressure upon already instable systems has intensified and children are always the main victims. Nevertheless, increased international awareness of children's rights, public indignation over violation of any of these rights and the large media response now seen would have been unthinkable ten years ago. All this has certainly contributed to an easing of negative consequences for children caught up in crises (...). Human rights are closely connected and dependent on each other. Violation of a child's right often leads to violation of many others. And it is the poorest children, the ones with hardly any access to education and least support from their families that run the highest risk of being exploited for their economic value. Children whose rights in other areas are neglected or not protected are also likely to fall victim to economic exploitation. Many societies regard such children as being inferior and they often fall victim to sexual abuse or are forced into prostitution. terre des hommes supports a wide range of projects that are comprehensively addressing the causes of children's rights violations. The fight against poverty and access to education for children is always at the forefront of the organization's work. [Back to top of page] [Back to overview]
3. Case studies and examples from terre des hommes work on the ground (a) Article 32: Economic exploitation — the Maurice Sixto Home on Haiti for children working as domestic servants Haiti is one of the world's poorest nations. Extremely arduous living conditions force many rural families to send their children to the city in the hope of improving their living conditions and giving them an opportunity to gain an education. Most of these children are girls, several of whom are under 12 years of age. They are hired as as domestic servants by metropolitan families. The number of girls finding themselves in this situation is estimated at 200,000 and there is no legislation covering pay for this type of work. Living apart from their families, the children work up to 18 hours a day, are denied access to education and are often sexually abused. It is set against this background that the Maurice Sixto Home was founded on Haiti ten years ago. Supported by terre des hommes in Switzerland, this home represents a project set up especially for children working as domestic servants. Its aim is to provide children with an education, to strengthen their self-confidence, to develop their skills and create an awareness about their rights. The home negotiates with employers on the children's behalf for their acceptance into the scheme. Employers are invited to the home once a month and informed about its activities; the hope is to develop a general awareness for the plight of children in this situation and a general understanding of children's rights. To this end, the project workers are taking positive preventative action against the possibility of abuse and neglect. The home also tries to reintegrate children - especially the youngest - back into their families. A host of different activities have been developed to provide children with support in discovering their talents and skills, as well as providing a foundation on which their self-confidence can be encouraged. Children visit the home during the afternoon and take part in a specially developed education program, designed to follow as closely as possible the curriculum of normal schools. Handwork skills such as sewing, pottery and cooking are also taught. A meal is served daily, and on Friday evenings all the children and social workers come together for an evening meal. [Back to top of page] [Back to overview] (b) Article 37 & 40 : Youth jurisdiction — education for people dealing with children who have fallen foul of the law Despite national and international laws aimed at preventing children who have fallen foul of the law from being imprisoned, children are still faced with imprisonment and terrible treatment. Criminal law frequently places children at a particular disadvantage. Children are often refused many of the rights and considerations provided for children under civil law, yet are denied the same rights as adults under criminal law. The terre des hommes Foundation in Lausanne organizes education programs for people dealing with imprisoned children and people involved with youth jurisdiction in many countries including the Republic of Guinea and Mauritania. Seminars are organized for those with contact to imprisoned children with the aim of emphasizing the importance of protecting children and respecting their rights. Convinced that the current situation, whereby many children are imprisoned, will no longer be tolerated by the international community, the terre des hommes Foundation in Lausanne issued a list of recommendations on youth jurisdiction. This list is based upon a basic principle, which states that a young person falling foul of the law is going through a transitional phase in his/her development and that each decision taken in his/her regard can have far-reaching, long-term consequences. Efforts must be made in every case to ensure that all young people are given the opportunity to reintegrate and to participate in their reintegration. Claims that sinking the legal age of criminal liability and increasing prison terms is the right way forward in the fight against youth crime is nothing more than an admission of failure by society. The recommendations made by the terre des hommes Foundation in Lausanne include:
[Back to top of page] [Back to overview] (c) Article 38: Armed conflict — Coalition for ending deployment of child soldiers At least 300,000 children under the age of 18 are currently involved in hostilities across the world. Many more belong to armed opposition and government troops and are available for deployment at any time. Child soldiers are the victims of a large number of human rights violations. Not only are they exposed to death and wounding during fighting itself, but also when attempting to avoid forced recruiting or trying to flee from the army. Child soldiers are exposed to torture and abuse, sexual exploitation, health risks, misuse of drugs and alcohol, separation from their families, lack of education and, if they are taken prisoner, execution under martial law or long prison terms. Thoroughly convinced that all children, as defined by international law, should not be allowed to take part in hostilities, six non-governmental organizations formed the coalition for ending deployment of child soldiers in June 1998. The aim of the coalition is to force adoption and implementation of an optional protocol to the children's rights convention, which bans military recruitment and deployment in hostilities of any individual under the age of 18, as well as promoting recognition and implementation of these standards by all armed government and non-governmental troops and groupings. The coalition takes the form of national campaigns in over 30 countries across the entire world. Since the foundation of the coalition and the beginning of its activities in this area, several important developments have been achieved. Among these are:
The coalition's work has led to a better understanding of the reasons and consequences of child participation in armed conflicts and and military action. [Back to top of page] [Back to overview] (d) Article 1-41: Street children in India — the »Vatsalya Foundation« in Mahalaxmi, Mumbai in India India's constitution includes a passage stating that every child has the right to an equal chance and dignity. To achieve these goals the Vatsalya Foundation set up a program supported by terre des hommes in Denmark to reach out to financially disadvantaged children. In the Indian city of Mumbai (previously Bombay), children live on the streets; they are running away from conditions that include violence and abuse. They live on pavements, in parks and under bridges and can often be seen eating out of rubbish bins. Just to survive they work as rag-and-bone men, street cleaners or beggars. Excluded from society and robbed of their rights, these children have very little self-esteem, suffer from depression and have a basic and deep-rooted fear of adults. Their behavior stretches from risky and self-destructive to criminal. Vatsalya has contact to over 1,500 street children aged between 7 and 17. More than 200 street children visit the centre daily. Vatsalya's workers go out onto the streets and meet up with the children in the places where they hang out. These workers provide a vital service offering advice and medical care to children on the streets. A 24-hour free telephone hotline has been set up, providing needy children with a place to ring when they are desperate. The children are also given the opportunity to earn a little money by printing cards, making tablecloths, serviettes, scarves and other items. The accommodation is like home for the children and they can come and go as they please. When the time comes for the older children to leave the home, they get together in groups of five until they are ready to look after themselves. Some of the home's former street children who are now earning sometimes return to the home and help out - providing a strong message to the younger children. Some of the centre's regular activities include:
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4. Lessons learned All in all, it has been shown that, given the existence of political will, creative and successful solutions to problems can be found. That political will is the key factor in the actual Based on all that has been learned at a grassroots level, and drawing on ten years of working experience with the children's rights convention, terre des hommes has drawn up the following ten basic principles for effective implementation of the convention. While these principles are of a general nature, they provide an effective framework for actual realization of the convention. Since all these principles are dependent on each other, it is important that they be implemented together rather than in isolation. If some of the principles are directed more at governments, others more at society, they are all of great interest for everyone who holds the happiness of children at heart The world's children should not be made to wait; they have rights that have to be implemented here and now! [Back to top of page] [Back to overview]
°°°°°°°°°°°°°°°°°°°°°°°°°°°°°° To introduce an children's rights-based approach
when creating programs [ Back to top of page][Back to top of page] [Human Rights start page] [Illustrated overview]
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Subjects: Human
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