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- 5. U.N. Convention on the Rights of
the Child (1989)
- A. Recalling the UN Charter and other instruments of international human rights law, wherein particular care has been extended to welfare of children (Preamble), this convention describes the range of rights of all children (articles 2-40), and then demands that State parties install legislation protecting the rights of children (articles 4 & 19).
To protect the rights of children, this convention sets up a committee within the UN called the 'Committee on the Rights of the Child' (article 43).
State parties are required to submit regular reports to the Committee (every 5 years) (article 44).
The Committee is empowered to consult with appropriate UN agencies and inform the appropriate UN agencies when it sees a problem or violation of the rights of children (article 45).
But it is up to these agencies, and the regular UN channels of enforcement to actually act on any problems that might be observed by the Committee.
Preamble
...Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children...
- Article 43.
- 1. For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided.
- Article 44.
- 1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights...
- Article 45. In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention:
- (a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities;
- (b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee's observations and suggestions, if any, on these requests or indications;
- (c) The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child;
- (d) (d) The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties.
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