ЭССЕ на тему "The Convection on the Rights of the Child'

The Convention on the Rights of the Child is called the Magna Carta for Children. It consists of fifty-four articles detailing the individual rights of every person under the age of eighteen to the full development of their capabilities in an environment free from hunger and want, cruelty, exploitation and other forms of abuse.

The Convention, which was the result of ten years of negotiations, was adopted by the United Nations on 20 November 1989 and entered into force on 2 September 1990 after being ratified by twenty States.  To date, 139 countries have either signed the instrument or become parties to the Convention through ratification or accession. Upon ratification by a State, the Convention will acquire the status of a law on its territory, which will be monitored in the States parties by a committee of ten experts.

The Convention on the Rights of the Child takes a step forward in comparison with existing international instruments. It links the rights of the child to the rights and responsibilities of parents and other persons responsible for the lives of children, their development and protection, and grants the child the right to participate in decisions affecting his or her present and future.

Among the most pressing issues addressed in the Convention and in some cases raised for the first time in the framework of an international instrument, we note such as obligations towards children living in the most disadvantaged conditions (Article 22), protection from sexual and other types of exploitation (Articles 34 and 36), drug addiction (Article 33), child crime (Article 40), inter-State adoption practices (Article 21), children in armed conflict (Articles 38 and 39), the needs of children with disabilities (Article 23), as well as children of minorities and indigenous peoples (Article 30).

Education is the subject of two important articles (27 and 28), the importance of which was again emphasized at the World Conference on Education for All, held in Jomtien, Thailand, from 5 to 9 March 1990. Primary education should be compulsory, free and accessible to everyone and aimed at developing the child's personality, talents and natural abilities, with appropriate respect for national identity, language and traditional values. Special emphasis is placed on equal educational opportunities for girls and boys.

The inherent strength of the new Convention lies in its flexibility, its ability to maintain its effectiveness, despite the wide variety of approaches of States to solving common tasks. Without leaving aside the most sensitive issues, it focuses on various cultural, religious and other value systems that offer their own solutions to common problems for all children The following is an abbreviated summary of the main provisions of the Convention

PREAMBLE

The Preamble sets out the fundamental principles of the United Nations and the individual provisions of the relevant treaties and declarations. It confirms that children, because of their vulnerability, need special care and protection, and emphasizes the responsibility of the family to protect and care for the child. It also confirms the need for legal and other protection of the child before and after birth, emphasizes the importance of traditional cultural values, as well as the role of international cooperation in protecting the rights of the child.

THAT SUCH IS THE CHILD (Article 1) A child is every human being under the age of 18, unless, according to the law applicable to that child, he or she reaches the age of majority earlier.

NON-DISCRIMINATION (Article 2) States Parties shall respect and ensure rights... for each child without any discrimination. States Parties shall take all necessary measures to ensure the protection of the child from all forms of discrimination.

ENSURING THE INTERESTS OF THE CHILD (Article 3) In all actions against children... priority is given to the best interests of the child. States Parties undertake to provide the child with such protection and care as is necessary for his or her well-being, taking into account the rights and obligations of his or her parents, guardians or other persons legally responsible for him or her.

IMPLEMENTATION OF RIGHTS (Article 4) States Parties shall take all necessary measures... measures for the implementation of the rights recognized in this Convention.

RIGHTS AND OBLIGATIONS OF PARENTS (Article 5) States Parties shall respect the responsibilities, rights and obligations of parents and... members of the extended family... properly manage and guide the child... and do it in accordance with the developing abilities of the child.

SURVIVAL AND HEALTHY DEVELOPMENT (Article 6) Every child has an inalienable right to life. States Parties shall ensure to the maximum extent possible the survival and healthy development of the child NAME AND NATIONALITY (Article 7) The child from the moment of birth has the right to a name and to acquire a nationality, as well as, to the extent possible, the right to know and be cared for by his or her parents.

PRESERVATION OF IDENTITY (Article 8) States parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family ties.

SEPARATION FROM PARENTS (Article 9) States Parties shall ensure that a child is not separated from his or her parents... except in cases where the competent authorities, according to a court decision, determine... That such separation is necessary in the best interests of the child States Parties shall respect the right of a child who is separated from one or both parents to support... personal relationships and direct contacts with both parents.

FAMILY REUNIFICATION (Article 10) States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to return to their own country... for the purpose of family reunification... maintain... personal relationships and direct contacts with both parents.

ILLEGAL MOVEMENT AND NON-RETURN (Article 11) States Parties shall take measures to combat the illegal movement and non-return of children from abroad.

THE CHILD'S OPINION (Article 12) States Parties shall provide for the child... the right to express oneself freely... views. To this end, the child, in particular, is given the opportunity to be heard in any case... proceedings involving the child.

FREEDOM OF EXPRESSION (Article 13) The child has the right to express his or her opinion freely... receive and transmit information and ideas... regardless of borders.

FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION (Article 14) States Parties shall respect the right of the child to freedom of thought, conscience and religion... rights and obligations of parents.. to guide the child in the exercise of his right.

FREEDOM OF ASSEMBLY (Article 15) States Parties recognize the right of the child to freedom of association and freedom of peaceful assembly.

PROTECTION OF THE RIGHT TO PRIVACY (Article 16) No child may be subjected to arbitrary or unlawful interference with the exercise of his or her right to privacy, family life, home or correspondence, or to unlawful attacks on his or her honour and reputation.

ACCESS TO INFORMATION (Article 17) States Parties... ensure that the child has access to information and materials from various sources... sources... To this end, the States Parties... encourage the media to disseminate information and materials that are socially and culturally beneficial to the child and ... encourage the development of appropriate principles to protect the child from information and materials that are harmful to his or her well-being.

PARENTAL RESPONSIBILITY (Article 18) States Parties shall make every possible effort to ensure that the principle of the common and equal responsibility of both parents for the upbringing and development of the child is recognized . States Parties shall provide parents and legal guardians with appropriate assistance in the performance of their child-rearing responsibilities.

PROTECTION FROM PHYSICAL OR PSYCHOLOGICAL VIOLENCE (Article 19) States Parties shall take all necessary measures .. measures to protect the child from all forms of physical or psychological violence... by the parents, legal guardians, or any other person who cares for the child. Such protection measures... they include it. . development of social programs for the purpose of... warnings... child abuse.

PROTECTION OF A CHILD WITHOUT PARENTS (Article 20) A child who is temporarily or permanently deprived of his or her family environment or who, in his or her own best interests, cannot remain in such an environment is entitled to special protection and assistance provided by the State. States Parties shall, in accordance with their national laws, provide substitute care for such a child.

ADOPTION (Article 21) States Parties that recognize or permit the existence of an adoption system shall ensure that .. The interests of the child are taken into account as a matter of priority and they ensure that the adoption of a child is authorized only by the competent authorities REFUGEE CHILDREN (Article 22) States Parties shall take the necessary measures to ensure that a child who wishes to obtain refugee status or is considered a refugee... protection and humanitarian assistance. To this end, States Parties shall facilitate any efforts of the competent authorities... organizations.. to protect and assist such a child.