FACT SHEET: A summary of the rights under the
Convention on the Rights of the Child
Article 1 (Definition of the child): The Convention defines
a 'child' as a person below the age of 18, unless the laws of a particular
country set the legal age for adulthood younger. The Committee on the Rights of
the Child, the monitoring body for the Convention, has encouraged States to
review the age of majority if it is set below 18 and to increase the level of
protection for all children under 18.
Article 2 (Non-discrimination): The Convention applies
to all children, whatever their race, religion or abilities; whatever they
think or say, whatever type of family they come from. It doesn’t matter where children
live, what language they speak, what their parents do, whether they are boys or
girls, what their culture is, whether they have a disability or whether they
are rich or poor. No child should be treated unfairly on any basis.
Article 3 (Best interests of the child): The best
interests of children must be the primary concern in making decisions that may
affect them. All adults should do what is best for children. When adults make decisions,
they should think about how their decisions will affect children. This
particularly applies to budget, policy and law makers.
Article 4 (Protection of rights): Governments have a
responsibility to take all available measures to make sure children’s rights
are respected, protected and fulfilled. When countries ratify the Convention, they
agree to review their laws relating to children. This involves assessing their
social services, legal, health and educational systems, as well as levels of
funding for these services. Governments are then obliged to take all necessary
steps to ensure that the minimum standards set by the Convention in these areas
are being met. They must help families protect children’s rights and create an
environment where they can grow and reach their potential. In some instances,
this may involve changing existing laws or creating new ones. Such legislative
changes are not imposed, but come about through the same process by which any
law is created or reformed within a country. Article 41 of the Convention
points out the when a country already has higher legal standards than those
seen in the Convention, the higher standards .
Article 5 (Parental guidance): Governments should
respect the rights and responsibilities of families to direct and guide their
children so that, as they grow, they learn to use their rights properly.
Helping children to understand their rights does not mean pushing them to make
choices with consequences that they are too young to handle. Article 5
encourages parents to deal with rights issues "in a manner consistent with
the evolving capacities of the child". The Convention does not take
responsibility for children away from their parents and give more authority to
governments. It does place on governments the responsibility to protect and
assist families in fulfilling their essential role as nurturers of children.
Article 6 (Survival and development): Children have
the right to live. Governments should ensure that children survive and develop
healthily.
Article 7 (Registration, name, nationality, care): All
children have the right to a legally registered name, officially recognised by
the government. Children have the right to a nationality (to belong to a
country). Children also have the right to know and, as far as possible, to be
cared for by their parents.
Article 8 (Preservation of identity): Children have
the right to an identity – an official record of who they are. Governments
should respect children’s right to a name, a nationality and family ties.
Article 9 (Separation from parents): Children have the
right to live with their parent(s), unless it is bad for them. Children whose
parents do not live together have the right to stay in contact with both
parents, unless this might hurt the child.
Article 10 (Family reunification): Families whose
members live in different countries should be allowed to move between those
countries so that parents and children can stay in contact, or get back
together.
Refernces:
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