CHILD Protection & Rights > International and Regional Level.
UN Instruments and Commitments for Children.

1 - The United Nations Convention on the Rights of the Child

Content of the United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child entered into force the 2nd September 1990. This Convention was adopted and opened for signature, ratification and accession by the General Assembly resolution 44/25 of 20th November 1989.

Since its adoption by the UN General Assembly in November 1989, the Convention has become the most ratified of all international Human Rights treaties – accepted by 192 States, all except the US and Somalia. India ratified in 1992.

It is the most complete Human Rights treaty and it contains all the civil, political, economic, social and cultural rights of children. It also covers some areas usually associated with International Humanitarian Law. It is a universally agreed set of non-negotiable standards and obligations for children. There are 54 articles in the Convention: 40 of these ascribe direct rights to children, the remaining 14 relate to the measures States Parties must take to implement the treaty.

3 Essential principles

The UN Convention on the Rights of the Child is universally identified as the basis for Child Protection. The Convention is guided by 3 essential principles that are ‘Non-discrimination’ (art.2), ‘Best Interest of the Child’ (art.3) and ‘Respect for views of the Child.’(art.12)

- Non discrimination

The principle is that all rights apply to all children without exception "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.”

The State itself has an obligation to put into force the means to ensure children are protected from any form of discrimination and to take positive action to promote their rights.

- Best Interest of the Child

"In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration.”

The principle covers all decision making affecting boys and girls, including the mobilization and allocation of resources. Child’s best interest will not normally be the only consideration when decision are made which affect children but must be among the first aspects to be considered. It is important for those taking decisions to take into consideration the views of the child when determining what the best interest of the child might be.

- Respect for views of the Child

The principle is that girls and boys have the right to be heard in all decisions affecting them and an obligation is placed on government to ensure that children’s views are sought and considered.

"States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.”

This principle does not interfere with parents' right and responsibility to express their views on matters affecting their children. Moreover, the Convention recognizes that the level of a child’s participation in decisions must be appropriate to the child's level of maturity. Children's ability to form and express their opinions develops with age and most adults will naturally give the views of teenagers greater weight than those of a preschooler, whether in family, legal or administrative decisions.

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