Convention on the Rights of the Child

The UN 'Convention on the Rights of the Child', 1989, is an important breakthrough in

enhancing children's rights. It has evolved out of earlier efforts such as the Declaration of the
Rights of Child, adopted by the League of Nations in 1924, and the UN Declaration of Rights
of the Child of 1959.
Thus, post- 1960s witnessed an ideological shift in perception of child rights - from
'protection to autonomy, from nurturance to self-determination, from welfare to justice'
The CRC's focus is expressed in terms of the 'best interest of the Child', and meant that child's
rights involved provision, protection, prevention, and also, participation in influencing one's
own situation and decision-making.

Principles
The United Nations Convention on the Rights of the Child (CRC) is guided by several key
principles that serve as a framework for protecting and promoting the rights and well-being of
children. These principles are as follows:
1. Non-Discrimination (Article 2): Children are entitled to enjoy all the rights outlined in
the CRC without any form of discrimination. This principle emphasizes equality and
prohibits discrimination based on the child's race, color, sex, religion, national or
social origin, disability, or other characteristics.
2. Best Interests of the Child (Article 3): The best interests of the child must be a
primary consideration in all actions and decisions affecting children. This principle
ensures that the child's well-being and development take precedence.
3. Right to Life, Survival, and Development (Article 6): Children have the inherent right
to life, and states are obliged to ensure their survival and development.
4. The Views of the Child (Article 12): Children have the right to express their views
and have those views given due weight in matters that affect them, in accordance with
their age and maturity.
5. Respect for the Child's Evolving Capacities (Article 5): As children grow and
develop, their evolving capacities must be considered in decisions affecting them.
This principle acknowledges that children's abilities and understanding change as they
age.
6. Right to Identity (Article 8): Children have the right to preserve their identity,
including their name, nationality, and family relations, as recognized by law, without
unlawful interference.
7. Preservation of Family Unity (Article 9): Except when competent authorities
determine that it is in the best interests of the child, children should not be separated
from their parents or guardians against their will.
8. Protection from Violence, Abuse, and Neglect (Article 19): Children have the right to
be protected from all forms of physical or mental violence, abuse, neglect, or
exploitation.
 9. Right to Play and Recreation (Article 31): Children have the right to play, rest, and
engage in recreational activities, which are essential for their well-being and
development.
10. Education (Article 28): Children have the right to access and benefit from education
that is directed toward the development of the child's personality, talents, mental, and
physical abilities. Primary education should be free and compulsory.

These principles are the foundation of the CRC and guide the interpretation and
implementation of children's rights across the world. They emphasize the holistic
development and well-being of children and serve as a framework for addressing their needs
and ensuring their protection.

The CRC exhibits an innovative and integrationist approach to a Child's rights, as it combines
economic, social, cultural, and civil and political rights in a single human rights instrument.
Articles 1 to 40 make provision for substantive rights, whereas Articles 41 to 53 deal with the
implementation proce dure. Substantive rights include both provision for survival and
development' (Articles 6(2), 9, 19, 23, 24, 26, 28, 29, 31 and 37 of the convention2) and also
uphold the child's participatory rights (Articles 12-18). Further, convention expects that
decisions of governments and adults will reflect actions in 'best interests of the child' (Article
3). The focus of CRC revolves around, 'child as the bearer individual human rights.

Some substantive rights of child under CRC

Article 6: Right to survival and development

1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of
the child.

Article 9

1. States Parties shall ensure that a child shall not be separated from his or her parents against
their will, except when competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation is necessary for the best
interests of the child. Such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the parents are living
separately and a decision must be made as to the child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall
be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents
to maintain personal relations and direct contact with both parents on a regular basis, except
if it is contrary to the child's best interests.
4. Where such separation results from any action initiated by a State Party, such as the
detention, imprisonment, exile, deportation or death (including death arising from any cause
while the person is in the custody of the State) of one or both parents or of the child, that
State Party shall, upon request, provide the parents, the child or, if appropriate, another
member of the family with the essential information concerning the whereabouts of the
absent member(s) of the family unless the provision of the information would be detrimental
to the well-being of the child. States Parties shall further ensure that the submission of such a
request shall of itself entail no adverse consequences for the person(s) concerned.

Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational
measures to protect the child from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in
the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the
establishment of social programmes to provide necessary support for the child and for those
who have the care of the child, as well as for other forms of prevention and for identification,
reporting, referral, investigation, treatment and follow-up of instances of child maltreatment
described heretofore, and, as appropriate, for judicial involvement.

Article 23

1. States Parties recognize that a mentally or physically disabled child should enjoy a full and
decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's
active participation in the community.

2. States Parties recognize the right of the disabled child to special care and shall encourage
and ensure the extension, subject to available resources, to the eligible child and those
responsible for his or her care, of assistance for which application is made and which is
appropriate to the child's condition and to the circumstances of the parents or others caring
for the child.

3. Recognizing the special needs of a disabled child, assistance extended in accordance with
paragraph 2 of the present article shall be provided free of charge, whenever possible, taking
into account the financial resources of the parents or others caring for the child, and shall be
designed to ensure that the disabled child has effective access to and receives education,
training, health care services, rehabilitation services, preparation for employment and
recreation opportunities in a manner conducive to the child's achieving the fullest possible
social integration and individual development, including his or her cultural and spiritual
development

4. States Parties shall promote, in the spirit of international cooperation, the exchange of
appropriate information in the field of preventive health care and of medical, psychological
and functional treatment of disabled children, including dissemination of and access to
information concerning methods of rehabilitation, education and vocational services, with the
aim of enabling States Parties to improve their capabilities and skills and to widen their
experience in these areas. In this regard, particular account shall be taken of the needs of
developing countries.
Article 24

1. States Parties recognize the right of the child to the enjoyment of the highest attainable
standard of health and to facilities for the treatment of illness and rehabilitation of health.
States Parties shall strive to ensure that no child is deprived of his or her right of access to
such health care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take
appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children
with emphasis on the development of primary health care;

(c) To combat disease and malnutrition, including within the framework of primary health
care, though, inter alia, the application of readily available technology and through the
provision of adequate nutritious foods and clean drinking-water, taking into consideration the
dangers and risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers;

(e) To ensure that all segments of society, in particular parents and children, are informed,
have access to education and are supported in the use of basic knowledge of child health and
nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the
prevention of accidents;

(f) To develop preventive health care, guidance for parents and family planning education
and services.

3. States Parties shall take all effective and appropriate measures with a view to abolishing
traditional practices prejudicial to the health of children.

4. States Parties undertake to promote and encourage international co-operation with a view
to achieving progressively the full realization of the right recognized in the present article. In
this regard, particular account shall be taken of the needs of developing countries.

Article 26

1. States Parties shall recognize for every child the right to benefit from social security,
including social insurance, and shall take the necessary measures to achieve the full
realization of this right in accordance with their national law.

2. The benefits should, where appropriate, be granted, taking into account the resources and
the circumstances of the child and persons having responsibility for the maintenance of the
child, as well as any other consideration relevant to an application for benefits made by or on
behalf of the child.

Article 28
1. States Parties recognize the right of the child to education, and with a view to achieving
this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general
and vocational education, make them available and accessible to every child, and take
appropriate measures such as the introduction of free education and offering financial
assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate
means;

(d) Make educational and vocational information and guidance available and accessible to all
children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out
rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child's human dignity and in conformity with
the present Convention.

3. States Parties shall promote and encourage international cooperation in matters relating to
education, in particular with a view to contributing to the elimination of ignorance and
illiteracy throughout the world and facilitating access to scientific and technical knowledge
and modern teaching methods. In this regard, particular account shall be taken of the needs of
developing countries.

Article 29

1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to
their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the
principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child's parents, his or her own cultural identity,
language and values, for the national values of the country in which the child is living, the
country from which he or she may originate, and for civilizations different from his or her
own;

(d) The preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic,
national and religious groups and persons of indigenous origin;

(e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere with the
liberty of individuals and bodies to establish and direct educational institutions, subject
always to the observance of the principle set forth in paragraph 1 of the present article and to
the requirements that the education given in such institutions shall conform to such minimum
standards as may be laid down by the State.

Article 31

1. States Parties recognize the right of the child to rest and leisure, to engage in play and
recreational activities appropriate to the age of the child and to participate freely in cultural
life and the arts.

2. States Parties shall respect and promote the right of the child to participate fully in cultural
and artistic life and shall encourage the provision of appropriate and equal opportunities for
cultural, artistic, recreational and leisure activity.

Article 37

States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without possibility of release
shall be imposed for offences committed by persons below eighteen years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest,
detention or imprisonment of a child shall be in conformity with the law and shall be used
only as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent
dignity of the human person, and in a manner which takes into account the needs of persons
of his or her age. In particular, every child deprived of liberty shall be separated from adults
unless it is considered in the child's best interest not to do so and shall have the right to
maintain contact with his or her family through correspondence and visits, save in
exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and
other appropriate assistance, as well as the right to challenge the legality of the deprivation of
his or her liberty before a court or other competent, independent and impartial authority, and
to a prompt decision on any such action.

Implementation Mechanism in CRC

Once ratified, CRC makes it a binding duty for the states to implement its pro visions, by
adopting relevant legislative and administrative measures. Further, governments must report
on the measures adopted and progress made in advancing children's rights in their countries
in form of a report submitted to the 'Committee on the Rights of the Child' appointed by UN
under the Article 43 of the convention.3 Besides, Article 45 of the convention points out that
in its task of implementation, the committee will receive assistance from specialised bodies
and other UN organs, in the form of reports on the areas of their expertise. Apart from this,
Articles 42 and 44 of the conventions makes it a duty of a state to make the principles and
provisions widely known to adult and children alike, and make their report publicly known in
their county . The functions of the committee involve: receiving state reports on how they are
implementing provisions of CRC; devising and recommending innovative methods of
implementation, make specific recommendations; to provide technical advise and assistance.

Best Interest of Child

The "best interests of the child" principle is a fundamental concept in the United Nations
Convention on the Rights of the Child (CRC) and is referenced in several articles, most
notably in Article 3. Here are the relevant articles in the CRC that emphasize the best
interests of the child:
Article 3: Best Interests of the Child
Article 3(1): "In all actions concerning children, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities, or legislative bodies, the
best interests of the child shall be a primary consideration."
Article 3(2): "States Parties undertake to ensure the child such protection and care as is
necessary for his or her well-being, 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 9(1): Separation from Parents
"States Parties shall ensure that a child shall not be separated from his or her parents against
their will, except when competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation is necessary for the best
interests of the child. Such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the parents are living
separately and a decision must be made as to the child's place of residence."
Article 18(1): Parental Responsibilities
"States Parties 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."
These articles stress the importance of considering the best interests of the child in various
contexts, including legal and administrative actions, parental responsibilities, and decisions
related to the child's well-being and care. The CRC places a significant emphasis on
protecting and promoting the rights and welfare of children by making their best interests a
paramount consideration in all matters concerning them.
In essence, this principle requires that the well-being and best interests of the child must be a
primary consideration in all decisions and actions that affect children, whether these actions
are taken by government authorities, courts, social welfare institutions, or other entities. This
means that when making decisions that concern children, authorities must prioritize what is
best for the child's overall development, safety, and happiness.
The principle of the best interests of the child is a guiding framework for child protection and
welfare policies and is used to ensure that children's rights and needs are given precedence in
any situation that involves them. It recognizes that children are individuals with their own
rights, and it highlights the responsibility of states and societies to protect and support their
well-being.

Implantation Mechanism in CRC

Once ratified, CRC makes it a binding duty for the states to implement its provisions, by
adopting relevant legislative and administrative measures.

Article 43: Committee on the Rights of the Child

1. For the purpose of examining the progress made by States Parties in achieving the
realization of the obligations undertaken in the present Convention, there shall be
established a Committee on the Rights of the Child, which shall carry out the
functions hereinafter provided

Art. 44: Reporting procedure: Governments must report on the measures adopted and
progress made in advancing children's rights in their countries in form of a report submitted
to the 'Committee on the Rights of the Child' appointed by UN under the Article 43 of the
convention.

Besides, Article 45 of the convention points out that in its task of implementation, the
committee will receive assistance from specialised bodies and other UN organs, in the form
of reports on the areas of their expertise.

Functions of the Committee

The functions of the committee involve: receiving state reports on how they are
implementing provisions of CRC; devising and recommending innovative methods of
implementation, make specific recommendations; to provide technical advice and assistance.
Apart from this, Articles 42 and 44 of the conventions makes it a duty of a state to make the
principles and provisions widely known to adult and children alike, and make their report
publicly known in their county.

Article 42: States Parties undertake to make the principles and provisions of the
Convention widely known, by appropriate and active means, to adults and children
alike.

Art. 44(6) States Parties shall make their reports widely available to the public in their
own countries.
Some Inherent Weaknesses in CRC

1. Reporting: Though the states which have ratified the convention are obliged to submit
reports to the committee, two years after the convention comes into effect for the state
and thereafter each five years, many coun tries, however, are behind the committee's
schedule.

Secondly the self-reporting monitory mechanism, originally introduced by the ILO, was
considered to be non-contentious and based on the theory of continuous constructive
dialogue, hence assumed to be of help to states in their implemen tation of international
standards. How ever, this mechanism has now been viewed as a weak form of
enforcement because, states reporting to the committee, often seek to supply inadequate
and uncritical information regarding the condition of children's rights in the state.

2. Problems Posed by Reservations: Articles 47 and 48 of the convention state that a

country can become a state party to it by ratification, which signifies an agreement to be
legally bound by the terms of the convention. One of the success stories of CRC is that
this convention has received large number of ratifications. However, despite large number
of ratifications, the convention suffers on account of the excessive res ervations.4 (At this
juncture it is worth noting that Article 51 of CRC declares: 'reservations incompatible
with the object and purpose. Of course, let us also note that the emphasis in the conven
tion is on assisting state parties to meet their obligation rather than on penalising non-
Compliance.

More than Fifty state parties have formulated reservations to substantive provi sions
(Articles 2 to 40) of CRC. Thus, Articles 2 (non-discrimination), 6 (right to life), 7 (right
to name and nationality), 13 (freedom of expression), 14 (freedom of religion), 15
(freedom of assembly and association), 17 (right to information), 21 (concerning
adoption), 22 (concerning refugees), 28 (right to education), 37 (con cerning right of
juvenile offenders, Article 40 (dealing with procedural rights of juvenile offenders) are
among the heavily reserved articles

3. Absence of Individual Petition: The CRC lacks a mechanism of indi vidual petition. Its
monitory mechanism involves a system of periodic review of state reports submitted by
state parties. The reporting system's purpose is cooperation rather than 'sanctioning and it
stresses the need for dialogue than a punitive attitude. This approach creates hurdles in
effective implementation, as it is reformative and not deterrent.