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Convention on the rights of

the child

Child - definition
Artical 1.
Child is every " human being below the age
of 18 years unless under
the law applicable to the child, majority is
attained earlier"

Rights
are legal, social, or
ethicalprincipalsoffreedomorentitlement;
rights are the fundamentalnormativrules about what is
allowed of people or owed to people, according to some
legal system, social convention, or ethical theory.
? Objective rights/ personal rights
Provision/ entitlements, freedom
Human/real/obligation
Human rights of children
Of every child (the child)

Human rights

Human rights are rights inherent to all


human beings, whatever our nationality,
place of residence, sex, national or ethnic
origin, colour, religion, language, or any
other status. These rights are all
interrelated, interdependent and
indivisible.

Convention

Treaty, an agreement in international law

Declaration - legal relations of the parties


which does not provide for or order
enforcement.

Development of the idea of child


rights

Roman law -pater familias right of life and death


By theMiddle Ages-the lack ofpublic awareness
ofchildrenas asocial group- the childrendo not existas
a distinctsocial group, notexist inlaw orexist as
aproperty/ ownership of father
18th century-"childrenare the futureof society,
asdecision-makers, children as investment
20th century-protect/save the children-children
becomesocialcategoriesthat should be
protected/noparticipation
Endof the 20th centuryis the right holder not the object
of protection

Codification of child rights - from declaration to


Convention

The end of The First world war


Save the children - 1919
Declaration on the rights of the child - 1959
Working group for the preparation of the Convention
Convention 1989
The first Optional Protocol on sale of children and child
prostitution and pornografy - 2000
The second Optional Protocol children in arm conflicts 2000
The third optional Protocol individual complains
procedure - 2012

Convention basic information

The international instrument that is ratified in 191


state, signed in one and not signed in one (USA,
Somalia)
It covers all group of human rights (political,
social,kultural, individuals and group rights, family
life rights)
It strenghtens responsibility of state even more.
It introduces child as a right holder
New rights participation

What is not covered

Corporal punishment
Medical and other researches and
experiments with children
Detailed protection in situation of savior
child rights violation
Euthanasia, abortion (beginning of life)

Structure
Preambul and 54 Articals.
1-41 Catalog of rights of the child and
states responsibility.
42-45 Monitoring procedure Committee on
the right of the child/ supervisory body.
46-54 Ratification procedure, and other
technical provision on enforcing and
changes etc.

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