and observations to State parties with a view to strengthening the
capacity and mandate of the national preventive mechanisms; and
(c) Cooperates with relevant United Nations bodies as well as international, regional and national bodies for the prevention of ill-treatment.
F. Convention on the Rights of the Child (1989)
The first treaty to deal comprehensively with the rights of children was the
Convention on the Rights of the Child. While children, as human beings
under 18 years of age, of course
enjoy all of the human rights set
Four “general principles” for
implementing children’s rights
out in the other treaties, restating
these rights in a single compreThe Committee on the Rights of the
hensive document with emphasis
Child has identified four general prinon the particular circumstances
ciples contained in the Convention
of children and the conditions
which should guide the way States implement children’s rights:
required for them to enjoy their
rights provided an opportunity to
1. Non-discrimination: the obligadevelop additional provisions reltion of States to respect and ensure
the rights set forth in the Convention to
evant to them.
each child within their jurisdiction without discrimination of any kind (art. 2);
Both article 24 of the International Covenant on Civil and Political
Rights and article 10 of the International Covenant on Economic,
Social and Cultural Rights provide
that children are entitled to any
special measures of protection that
they require as children. The Convention on the Rights of the Child
sets out these measures in much
greater detail. For example, particular provisions cover the child’s
right to an identity (arts. 7 and 8),
separation from parents (art. 9),
family reunification (art. 10), the
illicit transfer of children (art.11),
protection from abuse (art. 19)
and adoption (art. 21). Article 22
addresses the particular situation
of child refugees. Recognizing the
particular vulnerabilities of chil-
2. The best interests of the child: that
the best interests of the child should be
a primary consideration in all actions
concerning the child (art. 3);
3. The right to life, survival and development: the child’s inherent right to
life and State parties’ obligation to ensure to the maximum extent possible the
survival and development of the child
(art. 6);
4. The views of the child about his
or her own situation: the child’s right
to express his or her views freely in
“all matters affecting the child”, those
views being given due weight “in accordance with the age and maturity of
the child” (art. 12).
For more information, see the Committee’s general comment No. 5 (2003).
12
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