Key Terms of the UN Convention of the Rights of the Child
Article 4 (Protection
of rights): Governments have a responsibility to take all available measures to
make sure children’s rights are respected, protected and fulfilled. When
countries ratify the Convention, they agree to review their laws relating to
children. This involves assessing their social services, legal, health and
educational systems, as well as levels of funding for these services. Governments
are then obliged to take all necessary steps to ensure that the minimum
standards set by the Convention in these areas are being met. They must help
families protect children’s rights and create an environment where
they can grow and
reach their potential. In some instances, this may involve changing existing laws
or creating new ones. Such legislative changes are not imposed, but come about
through the same process by which any law is created or reformed within a country.
Article 41 of the Convention points out the when a country already has higher
legal standards than those seen in the Convention, the higher standards always
prevail. (See Optional Protocol pages.)
Article 6 (Survival
and development): Children have the right to live. Governments should ensure
that children survive and develop healthily.
Article 8
(Preservation of identity): Children have the right to an identity – an official
record of who they are. Governments should respect children’s right to a name,
a nationality and family ties.
Article 9 (Separation
from parents): Children have the right to live with their parent(s), unless it
is bad for them. Children whose parents do not live together have the right to
stay in contact with both parents, unless this might hurt the child.
Article 10 (Family
reunification): Families whose members live in different countries should be
allowed to move between those countries so that parents and children can stay
in contact, or get back together as a family.
Article 12 (Respect for the views
of the child): When adults are making decisions that affect
children, children have the right to say what they think should happen and have
their opinions taken into account. This does not mean that children can now
tell their parents what to do. This Convention encourages adults to listen to
the opinions of children and involve them in decision-making -- not give
children authority over adults. Article 12 does not interfere with parents'
right and responsibility to express their views on matters affecting their
children. Moreover, the Convention recognizes that the level of a child’s
participation in
decisions must be appropriate to the child's level of maturity. Children's
ability to form and express their opinions develops with age and most adults
will naturally give the views of teenagers greater weight than those of a
preschooler, whether in family, legal or administrative decisions
Article 13 (Freedom of
expression): Children have the right to get and share information, as long as
the information is not damaging to them or others. In exercising the right to
freedom of expression, children have the responsibility to also respect the
rights, freedoms and reputations of others. The freedom of expression includes
the right to share information in any way they choose, including by talking,
drawing or writing.
Article 14 (Freedom of
thought, conscience and religion): Children have the right to think and believe
what they want and to practice their religion, as long as they are not stopping
other people from enjoying their rights. Parents should help guide their
children in these matters. The Convention respects the rights and duties of
parents in providing religious and moral guidance to their children. Religious
groups around the world have expressed support for the Convention, which
indicates that it in no way prevents parents from bringing their children up
within a religious tradition. At the same time, the Convention recognizes that
as children mature and are able to form their own views, some may question
certain religious practices or cultural traditions. The Convention supports
children's right to examine their beliefs, but it also states that their right
to express their beliefs implies respect for the rights and freedoms of others.
Article 15 (Freedom of
association): Children have the right to meet together and to join groups and organisations,
as long as it does not stop other people from enjoying their rights. In exercising
their rights, children have the responsibility to respect the rights, freedoms
and reputations of others.
Article 16 (Right to
privacy): Children have a right to privacy. The law should protect them from
attacks against their way of life, their good name, their families and their
homes
Article 18 (Parental
responsibilities; state assistance): Both parents share responsibility for
bringing up their children, and should always consider what is best for each
child. Governments must respect the responsibility of parents for providing
appropriate guidance to their children – the Convention does not take
responsibility for children away from their parents and give more authority to
governments. It places a responsibility on governments to provide support
services to parents, especially if both parents work outside the home
Article 19
(Protection from all forms of violence): Children have the right to be protected from being hurt and mistreated,
physically or mentally. Governments should ensure that children are properly
cared for and protect them from violence, abuse and neglect by their parents,
or anyone else who looks after them. In terms of discipline, the Convention
does not specify what forms of punishment parents should use. However any form
of discipline involving violence is unacceptable. There are ways to discipline children
that are effective in helping children learn about family and social
expectations for their behaviour – ones that are non-violent, are appropriate
to the child's level of development and take the best interests of the child
into consideration. In most countries, laws already define what sorts of punishments
are considered excessive or abusive. It is up to each government to review
these laws in light of the Convention.
Article 20
(Children deprived of family environment): Children who cannot be looked after by their own family have a right to
special care and must be looked after properly, by people who respect their ethnic
group, religion, culture and language.
Article 30 (Children
of minorities/indigenous groups): Minority or indigenous children have the
right to learn about and practice their own culture, language and religion. The
right to practice one’s own culture, language and religion applies to everyone;
the Convention here highlights this right in instances where the practices are
not shared by the majority of people in the country.
Article 31 (Leisure,
play and culture): Children have the right to relax and play, and to join in a
wide range of cultural, artistic and other recreational activities.
Article 33 (Drug
abuse): Governments should use all means possible to protect children from the
use of harmful drugs and from being used in the drug trade.
Article 34 (Sexual
exploitation): Governments should protect children from all forms of sexual exploitation
and abuse. This provision in the Convention is augmented by the Optional
Protocol on the sale of children, child prostitution and child pornography.
(See Optional Protocol pages.)
Article 42 (Knowledge
of rights): Governments should make the Convention known to adults and children.
Adults should help children learn about their rights, too. (See Protection
rights, article 4.)