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

Features of the International Convention on the Rights of the Child

A Legally Binding Instrument for Children

The UN CRC is the first legally binding instrument for children. States that have ratified the UN CRC are legally bound by it, and have made a commitment to taking the necessary legal, budgetary, administrative and other measures in order to implement it, including making available maximum resources.
The previous Declarations on Children's Rights were only statements of goodwill. States agreed with what the Declaration had to say about children's rights, but they were not legally obliged to ensure that those rights were upheld in their countries.

States Responsibilities
States are the main legal (or primary) duty-bearers in the UN CRC. They have the responsibility to create the legislation and policy framework, and provide resources to fully implement the Convention. Each government must also report back on children's rights in their country. The task, however, must commit all members of society.

The standards and principles formulated in the Convention can only become a reality whether they are respected by everyone - within the family, in schools and other institutions that provide services for children, in communities and at all levels of administration.

Parents, Families, Communities’ Responsibilities.
The UN CRC recognises parents, families, communities as primary caregivers, the protectors and guides of boys and girls – they have responsibilities towards children and sometimes national legislation makes these responsibilities legal, as well as moral, obligations. The international community has also obligations to support States through international cooperation and assistance as and when required.

This Convention is also the first international Human Rights treaty that expressly gives non-governmental organisations (NGOs) a role in monitoring its implementation (Article 45a).

Some states however have made reservations and / or declarations related to how they will interpret the UN CRC or to the non-application of certain articles. These reservations and declarations are not supposed to be in conflict with the spirit of the UN CRC, and the Committee on the rights of the Child urges states to withdraw them.

Date of Ratification and Declaration for India

India ratified the UN CRC on the 11th December 1992. Accordingly, the different governments have been taking action to review the national and state legislation and bring it in line with the provisions of the Convention. (See Child Protection and Child Rights at the National level)

India Submitted a Declaration:
This declaration concerns the article 32 related to prevention of child labour according to which the child has the right to be protected from work that threatens his or her health, education, or development. The State shall set minimum ages for employment and regulate working conditions. With this declaration, India asks time to implement progressively legislations and policies in this field.
"While fully subscribing to the objectives and purposes of the Convention, realising that certain of the rights of child, namely those pertaining to the economic, social and cultural rights can only be progressively implemented in the developing countries, subject to the extent of available resources and within the framework of international co-operation; recognising that the child has to be protected from exploitation of all forms including economic exploitation; noting that for several reasons children of different ages do work in India; having prescribed minimum ages for employment in hazardous occupations and in certain other areas; having made regulatory provisions regarding hours and conditions of employment; and being aware that it is not practical immediately to prescribe minimum ages for admission to each and every area of employment in India - the Government of India undertakes to take measures to progressively implement the provisions of article 32, particularly paragraph 2 (a), in accordance with its national legislation and relevant international instruments to which it is a State Party."

Status of ratification for every country

Reservations and declarations for every country

Committee on the Rights of the Child.

The Committee on the Rights of the Child is an international body of 18 children’s rights experts elected by States Parties to monitor and report on the progress of each country that has ratified the Convention.(More information in Operational Mechanisms, A - At international level)

Since the UN CRC was adopted, it has been complemented by Two Optional Protocols, which are seen as updating and filling in gaps within the UN CRC.

Page >