RIGHTS OF CHILD
Children rights are those rights enjoyed persons below the age 18 years age.
According to Convention on the Rights of the Child (CRC), a child is any
human being under the age of 18 years.
Children Rights are Human Rights
A separate human rights instrument for children does not mean that
children’s rights are different from human rights. Children rights are derived
from the Universal declaration on Human rights (UDHR) from which other
human rights treaties are derived from.
Children rights are the same with those found in UDHR except that CRC’s
rights have specifically been drawn to address children’s human rights
situations. Children’s rights recognise that children by the age are naturally
vulnerable because they can only develop and survive with the help of the
adults. This is the reason the family is considered the fundamental group in
society and the natural environment for the growth and wellbeing of the
children.
However, the fact that children by their very nurture are vulnerable does not
make them possessions of their parents or guardians.
REASONS FOR HUMAN RIGHTS INSTRUMENTS FOR CHILDREN
The United Nations Convention on the rights of the Child (UNCRC) came into
being for the following reasons
Children experience discrimination and require special protection
under international law if the their rights are to be realised
The cost of failing to protect is high, their proper care determines their
positive or negative contribution to the development of society
Children have equal status with adults and not possessions of parents
or products of the state hence government have the moral duty to
children as individual citizens of all levels of society
Children are safeguard of the human race without whom the human
race will become extinct
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Children usually do not have franchise, hence they do choose leaders
and are at the mercy of whoever is elected
Children are vulnerable to exploitation and abuse because of their
physical, emotional and psychological immaturity and their
dependence on adults
Children have only have a limited access to complaint mechanism
through the legal systems and depend on adults for their protection and
enjoyment of rights
Children’s dependence on government actions with respect to social
services such as health, education, it makes them more vulnerable to
problems of society such as poverty, poor housing, environmental
pollution and traffic congestion
Children only become independent with help of adults which makes
children vulnerable
Highest development of countries can only be attained with the healthy
and active participation of children.
STEPS TAKEN TO COME UP WITH CRC-HISTORY OF CRC
Year Event
1924 Five point declarations of the rights of a child which was adopted by
League of Nations
1946 UN General Assembly creates UNICEF as a universal movement for
children
1959 Ten Point declaration of the rights of a child
1961 UN General Assembly resolution based on 1959 declarations broadens
UNICEF fields of operation
1965 Hague convention on jurisdiction, applicable law, recognition,
enforcement and cooperation in respect to parental responsibility and
measures for protection of children
1979 UN General Assembly proclaims the international Year of the Child(IYC)
to cerebrate 20th Anniversary of the declaration of the rights of the child
1980 Hague Convention on the civil aspects of International child Adoption
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1986 UN declaration on social and legal principles relating to protection and
welfare of children, with reference to fostering national and
international adoption
1989 20th November, UN general Assembly in New Yolk adopts CRC and was
opened for signature by UN member states
1990 CRC comes into force after ratification by 20 states
Zambia ratified CRC on 6th December 1991. As of 7 March 2024, 196
countries are party to it, including every member of the United Nations except
the United States of America.
FOUR PRINCIPLES OF THE CONVENTION OF THE RIGHTS OF A CHILD
Non-discrimination-The convention applies to all children regardless of race,
sex, geographical location, language, religion or abilities. No child should be
treated unfairly on any basis.
The best interest of the child-The best interest of the child must be the
primary concern in making decisions that affect children. Decisions and
actions by adults as well as government policies, laws and problems should
be in the best interests for the children.
Survival and Development- Government should ensure children survive and
develop healthily. Survival rights include access to medical services, adequate
living standards, paternal responsibilities and social security. Development
rights include provisions for education, access to information, play and
leisure, cultural activities, freedom of thought, conscience and religion
Participation-Children have the right to express their opinions on decisions
that affect them. Parents should listen to opinions of children and involve
them in decision making depending on child’s level of maturity.
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PROVISIONS OF UNCRC
These provisions are put into groups/clusters and they include
1. CIVIL RIGHTS AND FREEDOMS
Name and nationality: Every child has the right to have a name, nationality
and to know his or her parents and be cared for by parents. The name is the
identity which should be included on all official documents such as birth
certificate
Preservation of identity: It is a duty of the government to assist the children
whose identity has been unlawfully taken away to get it back
Freedom of expression and information: Children have the right to freely
express themselves and have access to information. It also includes freedom
to receive, seek and give out information or ideas of all kinds either by mouth,
print, art, internet or any other means. This right can only be restricted if
there is need to respect the rights or reputations of other persons, national
security, public order and public health or morals
Access to information and media: Children have the right to access to
information from variety of sources such as mass media (radio, television),
internet, and newspapers especially those aimed at promotion of children’s
social, spiritual and moral wellbeing of the child.
Freedom of thought, conscience and religion: This right allows children to
freedom of thought, conscience (thinking what is right or wrong), and religion
but with guidance of the parents.
Freedom of association: This right provides that governments should
recognise rights of a child to freely associate with others and assemble. This
can only be restricted in the interests of national security, public order and
public health or morals or enjoyments of other people’s rights.
Privacy, honour and reputation: The child must protected from undue
interfere of her privacy, family, correspondence or unlawful attacks on his or
her honour and reputation.
Torture, capital punishment, and deprivation of liberty: No child is to be
subjected to torture, cruel treatment or punishment, unlawful arrest or death
penalty or life imprisonment without possibility of release.
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2. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Parents, family, community rights and responsibilities: Government
should respect the rights and responsibilities of parents and extended families
to provide guidance for children, which are appropriate for his, or evolving
capacity. Evolving capacity is the maturing process that children go through
in reaching adulthood.
Non separation from parents: Every child should not be separated from his
or her parents and has the right to know the whereabouts of their parents in
cases where parents are detained, imprisoned or died.
Family reunification: Children should be allowed to reunite with their
parents where parents are outside the country. The child also has the right to
keep regular communication with parents if they live in different places.
Illicit transfers and non-return of children: Government should put in
place measures to combat the illicit or illegal transfer of children and non-
return of children abroad
Parental responsibility: Parents have the primary responsibility for bringing
up the child and always consider the best interest of the child. The
government has the secondary responsibility to provide for children whose
parents have genuinely failed to provide for them.
Abuse, neglect while in family care: Government must make laws and
provide for social and education measures to protect children from all forms
of physical or mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or sexual exploitation while in the custody of parents.
Alternative care for children in the absence of parents: Children who are
temporally or permanently deprived of their family environment or whose own
best interests cannot be allowed to remain in a home are entitled to special
protection or assistance by government.
Adoption: Children have the right to care and protection if they are adopted
or under care. The adoption of children must be in the best interest of the
child
Review of treatment in care: Children who are looked after in institutions
of care rather than their parents have the right to have these place regularly
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reviewed to see if they are appropriate and to make sure such treatment and
care is in the best interest of the child
Standard of living: Government has the duty to ensure children recover
their unpaid maintenance from parents or others who are require to provide
financial support.
Recovery and reintegration: The government has a duty to reduce and
reunite child victims of exploitation, torture or armed conflict back into their
families
3. BASIC HEALTH AND WELFARE
Parental responsibility: Government has duty to take appropriate measures
to ensure children of working parents have the right to benefit from child care
services and facilities, which they are eligible.
Children with disabilities: Disabled children have the right to special care,
education and training to help him or her enjoy full and decent life as well as
independent life.
Health and health services: Children have the right to best health care
possible such as safe drinking water, nutritious food, clean and safe
environment and information to help them stay healthy.
Social security: Every child has the right to benefit from social security
including social insurance, and government should ensure necessary
measures to achieve full realisation of this right.
Standard of living: Every child has the right to a standard of living suitable
for the child physical, mental, spiritual, moral and social development.
4. EDUCATION ,LEISURE AND CULTURAL ACTIVITIES
Right to education: Every child has the right to primary education, which
should be free for all children. School rules, environment and disciplinary
policies should promote children dignity.
Aims of education: The aim of education should be the development of
children’s personality, talents, mental and physical abilities to their fullest
potential in line with principles of CRC.
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Play and recreation: children have the right to rest and leisure, to engage in
play and engage in recreational activities appropriate to their age as well as
participate in their cultural life and arts.
5. SPECIAL PROTECTION MEASURES
Refugee children: States should ensure that a child seeking refugee status
or refugee child whether or not accompanied by parents must be given
suitable protection and humanitarian assistance
Economic exploitation: Children should be protected from any form of
economic exploitation or do any work that is harmful or likely to have children
or interfere with child’s education or health
Narcotic and psychotic substances: State parties must put up legal,
administrative, social and education measures to protect children from illicit
use of narcotic and psychotropic substances and prevent use of children in
trafficking and production of such substances
Sexual exploitation: State Parties must ensure children are protected from
all forms of sexual exploitation and sexual abuse such as child prostitution,
child pornography.
Abduction, sale and trafficking of children: State parties must take
appropriate national, bilateral and multilateral steps to prevent the
abduction, sale and trafficking of children in any form.
Torture, capital punishment, and deprivation of liberty: No child shall
be made to experience Torture, capital punishment, or any form of inhuman
or degrading treatment or punishment. Death sentence should be given to
people under the age 18 years
Armed conflict: No child under the age of 15 years should not take part in
armed conflict and no child under the age of 18 years should be recruited into
the armed forces
Juvenile Justice: Children who are accused of committing a crime has the
right to be treated with respect and dignity. Children have the right to
innocent until proven guilty, quick and speedy trial, to be represented or legal
assistance and right to interpreter if they do not under language used in court.
Countries must set minimum age for criminal liability.
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Other forms of exploitation: Children should be protect from any other
forms of exploitation that are considered to harmful and not in the best
interest of the child
OPTIONAL PROTOCOLS OF UNCRC
There are two optional protocols to CRC. Optional protocols are additional
legal mechanisms that compliment and add to the treaty after its original
adoption. They are used to further address something in the original treaty or
address new or emerging concerns affecting the treaty. It is optional because
it is not automatically binding on state parties that have already ratified the
treaty hence they have their own ratification
1. The Optional protocol on the sale of children, child prostitution
and child pornography (CRC-OP-SC).
The protocol was adopted on 18th January, 2002 and prohibits the sale of
children, child prostitution and child pornography
2. The Optional protocol on the Involvement of Children In Arm
Conflict(CRC-OP-AC)
The protocol was adopted on 25th may 2002 prohibits the compulsory
recruitment of children into the Armed Forces.
OBLIGATIONS OF THE STATE IN FULFILLING RIGHTS OF A CHILD
UNDER UNCRC
Obligation to respect-This requires government to stop doing anything that
would interfere with child’s enjoyment of rights or hinder their ability to satisfy
their own efforts.
Obligation to Protect-This requires government to prevent violations of
rights by other people by putting in place measures and laws that protect
children. Zambia has laws such as Adoption Act, Intestate succession Act,
Juveniles act, Affiliation and maintenance Act among others that aim to
protecting rights of a child.
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Obligation to Fulfil-This requires state parties to facilitate, promote and
provide necessary needs for realisation of rights of child. For example putting
in place laws and other measures such as provision of education and other
public services and policies designed to ensure access for children to basic
needs.
