Convention on the rights of the child

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					Convention on the rights of
                 the child
Child - definition


Artical 1.
Child is every " human being below the age
  of 18 years unless under
  the law applicable to the child, majority is
  attained earlier"
Rights
are legal, social, or
   ethical principals of freedom or entitlement;
rights are the fundamental normativ rules about what is
   allowed of people or owed to people, according to some
   legal system, social convention, or ethical theory.
               ? Objective rights/ personal rights
               Provision/ entitlements, freedom
                     Human/real/obligation
                   Human rights of children
                  Of every child (…the child)
Human rights
   Human rights are rights inherent to all
    human beings, whatever our nationality,
    place of residence, sex, national or ethnic
    origin, colour, religion, language, or any
    other status. These rights are all
    interrelated, interdependent and
    indivisible.
Convention
   Treaty, an agreement in international law

Declaration - legal relations of the parties
 which does not provide for or order
 enforcement.
 Development of the idea of child
rights
   Roman law -pater familias right of life and death
   By the Middle Ages - the lack of public awareness
    of children as a social group - the children do not exist as
    a distinct social group, not exist in law or exist as
    a property / ownership of father
   18th century - "children are the future of society,
    as decision-makers“, children as investment
   20th century - protect/save the children - children
    become social categories that should be
    protected / no participation
   End of the 20th century is the right holder not the object
    of protection
Codification of child rights - from declaration to
Convention

   The end of The First world war
      Save the children - 1919

   Declaration on the rights of the child - 1959
   Working group for the preparation of the Convention
   Convention – 1989
   The first Optional Protocol on sale of children and child
    prostitution and pornografy - 2000
   The second Optional Protocol – children in arm conflicts
    - 2000
   The third optional Protocol – individual complains
    procedure - 2012
Convention – basic information

   The international instrument that is ratified in
    191 state, signed in one and not signed in one
    (USA, Somalia)
   It covers all group of human rights (political,
    social,kultural, individuals and group rights,
    family life rights)
   It strenghtens responsibility of state even more.
   It introduces child as a right holder
   New rights – participation
What is not covered
   Corporal punishment
   Medical and other researches and
    experiments with children
   Detailed protection in situation of savior
    child rights violation
   Euthanasia, abortion (beginning of life)
Structure
 Preambul and 54 Articals.
1-41 Catalog of rights of the child and state’s
  responsibility.
42-45 Monitoring procedure – Committee on
  the right of the child/ supervisory body.
46-54 Ratification procedure, and other
  technical provision on enforcing and
  changes etc.

				
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