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OHCHR 
Opinion editorial Office of the High Commissioner for Human Rights
Article on legislative History on the Convention on the Rights of the Child
04 June 2007
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Children working in squalid modern-day sweat shops with no hope of access to education, proper care, or a better life; unspeakable violence against girls and boys perpetrated within the “sanctity” of the family, endured in silence; minors entangled in criminal rings operating under the radar of public vigilance. These were—and still are—but a few of the appalling abuses that the Convention on the Rights of the Child set out to address. The fascinating history of the Convention is now traced in a two-volume study, the Legislative History of the Convention on the Rights of the Child, which will be launched on June 11, 2007, after ten years of preparatory work, by the United Nations Office of the High Commissioner for Human Rights and the non-governmental organization Save the Children.
This major study documents how the Convention on the Rights of the Child came to represent a sea change in the way the international community was prepared to address the rights of children. Building on the principles of the Universal Declaration of Human Rights, the Convention was the first international human rights treaty recognizing that the term “children” also included girls and acknowledged the often discriminatory impact that national legislation, policies, attitudes and cultural traditions can have on girls. It entered into force in 1990 and has become the most widely ratified of all human rights treaties with 193 States parties.
This high rate of acceptance testifies to the willingness of States to embrace the overarching norms that protect the rights of children, regardless of their race, colour, sex, language, religion, ethnic origin, ability or other status. The Convention also recognizes that children have the right to express their views and, in light of their evolving capacities, actively participate in the decision-making processes that affect them.
Since the Convention became a reality, the world has grown more aware of additional challenges to children’s enjoyment of their rights, including forms of exploitation, such as prostitution, trafficking and slavery. The impact that armed conflict has on children’s lives, including their use as child soldiers or as “wives” to members of armed groups, is now tragically apparent. This awareness inspired the elaboration and adoption of two Optional Protocols, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Taken together, these international obligations have prompted the development of numerous initiatives designed to protect the rights of children.
The Convention’s 18-member body, the Committee on the Rights of the Child, monitors steps that Governments take to fulfill their obligations. It issues strong recommendations for action when States parties fail to live up to their duties. Moreover, the Committee identifies practical ways in which States parties should interpret and implement the provisions of the Convention, often recommending partnership with civil society and the United Nations system.
In this sense, the Committee has become a powerful advocate for the rights of children around the world. The Committee has initiated two key studies by the United Nations Secretary-General: on children and armed conflict and violence against children which have themselves generated further mechanisms to protect the rights of girls and boys.
Despite the almost universal acceptance of the Convention, and the impact that it has had on national laws, policies and programs, serious gaps remain in its implementation. Many States parties encounter significant challenges in meeting their obligations. Some have yet to institute effective preventive or enforcement measures to combat violence against children, including corporal punishment in the home and in schools and psychological violence and neglect. Others fall short of ensuring children’s economic, social and cultural rights, particularly their access to health and education. As a result, millions of children in all regions of the world are faced with limited or non-existent recourse and redress.
The Legislative History on the Convention on the Rights of the Child makes clear that a sustained commitment to implementation of the Convention’s provisions is indispensable. Governments, with the support of the many civil society actors devoted to the advancement of children’s rights and other members of the international community, can and must ensure that human rights become a living reality for each child in the world.
This major study documents how the Convention on the Rights of the Child came to represent a sea change in the way the international community was prepared to address the rights of children. Building on the principles of the Universal Declaration of Human Rights, the Convention was the first international human rights treaty recognizing that the term “children” also included girls and acknowledged the often discriminatory impact that national legislation, policies, attitudes and cultural traditions can have on girls. It entered into force in 1990 and has become the most widely ratified of all human rights treaties with 193 States parties.
This high rate of acceptance testifies to the willingness of States to embrace the overarching norms that protect the rights of children, regardless of their race, colour, sex, language, religion, ethnic origin, ability or other status. The Convention also recognizes that children have the right to express their views and, in light of their evolving capacities, actively participate in the decision-making processes that affect them.
Since the Convention became a reality, the world has grown more aware of additional challenges to children’s enjoyment of their rights, including forms of exploitation, such as prostitution, trafficking and slavery. The impact that armed conflict has on children’s lives, including their use as child soldiers or as “wives” to members of armed groups, is now tragically apparent. This awareness inspired the elaboration and adoption of two Optional Protocols, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Taken together, these international obligations have prompted the development of numerous initiatives designed to protect the rights of children.
The Convention’s 18-member body, the Committee on the Rights of the Child, monitors steps that Governments take to fulfill their obligations. It issues strong recommendations for action when States parties fail to live up to their duties. Moreover, the Committee identifies practical ways in which States parties should interpret and implement the provisions of the Convention, often recommending partnership with civil society and the United Nations system.
In this sense, the Committee has become a powerful advocate for the rights of children around the world. The Committee has initiated two key studies by the United Nations Secretary-General: on children and armed conflict and violence against children which have themselves generated further mechanisms to protect the rights of girls and boys.
Despite the almost universal acceptance of the Convention, and the impact that it has had on national laws, policies and programs, serious gaps remain in its implementation. Many States parties encounter significant challenges in meeting their obligations. Some have yet to institute effective preventive or enforcement measures to combat violence against children, including corporal punishment in the home and in schools and psychological violence and neglect. Others fall short of ensuring children’s economic, social and cultural rights, particularly their access to health and education. As a result, millions of children in all regions of the world are faced with limited or non-existent recourse and redress.
The Legislative History on the Convention on the Rights of the Child makes clear that a sustained commitment to implementation of the Convention’s provisions is indispensable. Governments, with the support of the many civil society actors devoted to the advancement of children’s rights and other members of the international community, can and must ensure that human rights become a living reality for each child in the world.