dren, the Convention explicitly stipulates their protection from economic
exploitation (art. 32), drug abuse (art. 33), sexual exploitation (art. 34),
and abduction, sale and trafficking (art. 35). Article 23 provides particularly for the care of children with disabilities. Article 38 reaffirms States’
obligations in armed conflict under international humanitarian law, and
requires them not to recruit and, where possible, not to use children under
15 years of age as soldiers in conflict.
Beyond the provisions that assert children’s rights in terms of protection, the
Convention broke new ground by elaborating the child’s perspective with
regard to the “classic” civil and political rights and economic, social and cultural rights set out in the two Covenants. The Convention recognizes children
as subjects of rights capable of exercising their own rights in accordance
with their evolving capacity, age and maturity. For example, children have
full rights to freedom of expression (art. 13), to freedom of thought, conscience and religion (art. 14), to free association and peaceful assembly
(art. 15), to privacy (art. 16), to access to information (art. 17), as well as
to health (art. 24), social security (art. 26) and an adequate standard of
living (art. 27).
The Convention, in part II, requires all State parties to report periodically to
the Committee on the Rights of the Child.
The involvement of children in armed conflict, the sale of children, child prostitution and child pornography are covered in more detail in two optional
protocols to the Convention, adopted in 2000.
The Optional Protocol on the involvement of children in armed
conflict complements article 38 of the Convention as well as international
humanitarian law. It establishes that no person under the age of 18 shall
be subject to compulsory recruitment into regular armed forces (art. 2) and
imposes an obligation on States to raise the minimum age for voluntary
recruitment further (art. 3). Upon ratification of, or accession to, the Optional Protocol, State parties must deposit a binding declaration stating
their minimum age for voluntary recruitment and the safeguards in place to
ensure that recruitment is voluntary. State parties to the Protocol shall also
ensure that members of their armed forces under 18 years of age do not
take a direct part in hostilities (art. 1). In addition, armed groups distinct
from the armed forces of a State should not, under any circumstances,
recruit or use in hostilities persons under the age of 18. State parties are
required to take all feasible measures to prevent the recruitment and use
of children by such groups, including the criminalization of such practices
(art. 4).
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