Title: Assessing the Value and Impact of the Convention on the Rights of the Child

Introduction:

The convention on the Rights of the Child also referred as CRC, was adopted by the
UNGA in 1989. By the time it came into force It was a subject of debate regarding
the value it added and impact it created among the other global instruments
pertaining to human rights. There has been an argument that the CRC merely
duplicated provisions that were already recognized in previous international treaties,
while others highlight the transformation, its role in shaping the protection and
promotion of children’s rights around the World. The essay critically analyzes the
statement above by extensive legal research, and landmark case laws to evaluate
and confer the impact and the value of the Convention of the Rights of Child (CRC).
This essay examines the historical context, legal framework, provision, important
case laws and different arguments to provide a comprehensive assessment of the
CRC’s importance in safeguarding the rights of children and countering past
violations worldwide.

The major issue to be addressed is whether the Convention of the Rights of Child has
added significant value to the existing global instrument and proven its worth in
realm of International HR law.

The CRC, is a comprehensive legal framework specifically addressing the wellbeing

and rights of children. It sets out a variety of civil, political, social, economical and
cultural rights that should be given to children and recognizing them as rights-
holders.

III. Analysis:

a) Historical Context:

Before the adoption of the CRC, previously existing global instruments i.e. UDHR and
ICCPR contained some provision regarding the rights of children. However, more
comprehensive and specific attention on the Children’s rights were because of the
CRC, making it different from the earlier instruments. The CRC emerged aiming to fill
gaps in protection of the children’s rights and promote their best interests.

b) Key Provisions and Contributions of the CRC:

Holistic Approach to Children's Rights:

The CRC adopted an integrative approach by recognizing the collegial and

inseparable for the rights of children. It is not only limited to addressing the civil and
political rights of the children but also incorporate social, cultural and economic
rights, as well as their right to development. This is a comprehensive framework that
acknowledge the multidimensional nature of children’s rights and shows an
integrative or holistic approach towards the rights of children.

Best Interests of the Child:

The foundation element of the CRC is the principle of the best interests of the child.
It requires state to prioritize the wellbeing of children in all decisions and actions
concerning their life. This principle guides the interpretation and implementation of
all the rights under CRC, ensuring the best interest of children are certain in legal
and policy framework.
Participation of Children:
The CRC drives an attention towards the active participation of a child in cases
affecting him/her. It recognizes his/her right to express their view, have an opinion
and participate in decision making process. This provision empowers children,
encourage the development of responsibility as a person and engaged citizen.

c) Impactful Case Laws:

A landmark and significant case that highlighted the importance of CRC in

interpretation and enforcement of Children’s rights within ECHR, a regional human
rights framework. In the case A,B and C, v Ireland (2010), the ECHR ruled that the
Ireland failed to provide an effective procedure to establish the violation of the
children’s rights under ECHR.
X and Y v. The Netherlands (2005):
The European Court of Human Rights, in this case, held that the Netherlands' refusal
to allow adoption by a same-sex couple violated the children's right to respect for
private and family life under the European Convention on Human Rights. The court
emphasized the principle of non-discrimination and highlighted the evolving
understanding of family structures and children's rights.
IV. Assessment of the CRC's Value and Impact:

a) Added Value to Existing Global Instruments:

The CRC has added significant value to the existing global instruments by providing
a specialized and comprehensive framework solely focused on children's rights. It
goes beyond the general provisions in earlier instruments by recognizing the specific
vulnerabilities, needs, and evolving capacities of children.

b) Impact on Children's Rights:

The CRC has played a pivotal role in shaping the protection and promotion of
children's rights globally. It has inspired legislative reforms, policy changes, and
judicial decisions aimed at safeguarding children's well-being and ensuring their
rights are respected. The CRC's principles, such as the best interests of the child and
the right to participation, have become foundational in children's rights advocacy
and legal practice.

c) Influence on National Legal Systems:

The CRC's ratification and subsequent implementation have led to the incorporation
of its provisions into national legal systems worldwide. Many states have enacted
legislation aligning domestic laws with the CRC, establishing independent children's
rights institutions, and incorporating children's rights considerations into policy and
decision-making processes.

d) Challenges and Unfulfilled Promises: Despite its significant achievements,

challenges remain in fully realizing the goals of the CRC. Some states have yet to
fully implement the provisions of the CRC, leading to persistent violations of
children's rights. Additionally, emerging issues such as child exploitation, online
risks, and climate change require ongoing adaptation and response to protect the
rights of children effectively.

Argument in Favor of the Statement:

One argument in favor of the statement that the CRC did not add significant value to
existing global instruments is the notion that the rights enshrined in the CRC were
already recognized in other international human rights instruments. Critics argue
that the CRC essentially duplicated existing provisions and did not introduce any new
substantive rights. They contend that the inclusion of a separate convention for
children's rights was unnecessary, as children were already protected under the
broader framework of human rights.

Additionally, it is argued that the CRC's impact has been limited due to challenges in
its implementation and enforcement. Despite its widespread ratification, some states
have struggled to fully incorporate the CRC's provisions into domestic legislation and
policies. This has resulted in gaps in the protection of children's rights and has
hindered the realization of the CRC's objectives. Critics argue that the lack of
effective enforcement mechanisms and accountability measures has weakened the
CRC's effectiveness in promoting and protecting children's rights globally.

Argument Against the Statement:

Opposedly, there are some strong arguments against the statement, focusing the
significant valur and impact of the CRC. One of them is that CRC brought explicit
attention to chuldren’s rights as a distinct and important area within international
alw. Before the CRC, the rights of children were often overlooked. The CRC provided
a dedicated legal instrument that addresses the specific needs of children
highlighting their unique status as rights-holders. However the CRC has been
criticized in some parts of the World, some of the intellectuals believe a 7 years old
should not be given too much rights as he/she do not have the mind that can make
good decisions.

Moreover, the CRC introduces new and better principles and standards that were not
covered in previous treaties, i.e. the principle of best interest of child and right to
participation, make CRC different from the other Treaties. The principles introduced
In CRC have led to transformative effect on policies and implementation regarding
children’s rights and shaping the legal system, decision making processes, and social
norms. As now children have right to take a decision for their future, they can not be
forced to follow someone else’s decision about their life.

The impact created by CRC can also be conferred from the positive changes it
brought nationally. Many countries have ratified and enacted legislation and
established major institutions, specifically dedicated to safeguard and promote rights
of children in response to CRC’s obligation. The CRC also influenced and developed
of child protection systems, policies regarding education, healthcare, services and
justice system, which leads to concrete improvements in the children’s lives
worldwide

Furthermore, the CRC has facilitated international cooperation and collaboration in

addressing cross-border issues affecting children. It has created a platform for
sharing best practices, conducting research, and fostering dialogue among states,
civil society organizations, and international bodies. This collective effort has
contributed to greater awareness, advocacy, and coordinated action to protect and
promote children's rights.

ANALYSIS,
The arguments against the statement, that the CRC failed to add significant value to
existing instruments are compelling. The CRC’s focus on rights of children,
introduction of innovative principles, and its impact on the national provision and
policies clarifies its transformative influence. CRC has undoubtedly enhanced the
protection of rights of children’s, making it a significant instrument to ensure the
development and wellbeing of children.

V. Conclusion:

In conclusion, the debate around the CRC and the value it adds among the other
existing global instruments reveals contrasting perspectives. While some theorists
argue that the CRC dis not contained substantial changes, merely replicating
provisions already recognized in previous human rights frameworks, a closer
examination of CRC demonstrates a different view to the picture as it holds a
profound impact and enduring relevance. The CRC’s focus of children as rights-
holders, introduction of innovative principles i.e. best interests od the child and the
rifht to participation, and the influence it has on national legislation and policies
highlight the impact it has created and its transformative power. Furthermore, the
CRC has facilitated international cooperation, fostered dialogue and also has
contributed in betterment of children’s lives worldwide. Despite the challenges it
faced for the implementation, the CRC remains an indispensable instrument in
promotion and protection of children’s rights. It is the guiding effort to create a just
and inclusive world for the future generations. It is crucial to recognize and build
upon the accomplishments and achievements of the CRC while addressing the
remaining challenges and gaps to ensure the full realization of children’s rights
around the world.