Article: 21 to 45

Family and Child Welfare 3 (3+0)

Lesson 8 & 9 : The Rights of the Child

Article: 21 to 45

Article: 21- Adoption
In the countries where adoption is recognized and/or allowed it shall only be carried out in the best interests of the child, with all necessary safeguards for given child and authorization by the competetant authorities.
Article: 22 - Refugee Children

Special protection to be granted to children who at refugees or seeking refugee status, and the State's obligation to cooperate with competent organizations providing such protection and assistance
Article: 23 - Handicapped Children

The right of handicapped children to special care, education and training designed to help them to achieve the greatest possible self-reliance and to lead a full and active life in society.
Article: 24 - Health and Health Services

The right to the highest level of health possible and to access to health and medical services, with special emphasis on primary and preventive health care, public health education and the diminution of infant mortality. The State's obligation to work; towards the abolition of harmful traditional practices. Emphasis is laid on the need for international cooperation to ensure this right. .,
Article: 25 - Periodic Review of Placement

The right of children placed by the State for reasons of care, protection or treatment to have all aspects of that placement evaluated regularly.
Article. 26 - Social Security

The right of children to benefit from social security.
Article: 27 - Standard of Living

The right of children to benefit from an adequate standard of living, the primary responsibility of parents to provide this, and the State's duty to ensure that this responsibility can be fulfilled, and then fulfill, where necessary through the recovery of maintenance.
Article: 28 - Education

The child's right to education, and the State's duty to ensure that primary education at least is made free and compulsory. Administration of school discipline is to reflect the child's human dignity. Emphasis is laid on the need for international cooperation to ensure this .
Article: 29 - Aims of Education

The State's recognition that education be directed a developing the child's personality and talents, preparing the child for active life as an adult, fostering respect for basic human rights and developing respect for the child's own cultural and national values and those of others.
Article: 30 - Children of Minorities or Indigenous Populations

The right of children of the minority communities and indigenous populations to enjoy their own culture and to practice their own religion and language.
Article: 31- Leisure, Recreation and Cultural Activities

The right of children to leisure, play and participation in cultural/artistic activities.
Article: 32 - Child Labour

The State's obligation to protect children from engaging, in work that constitutes a threat to their health, education or development, to set minimum ages for employment, and to regulate conditions for employment.
Article: 33 - Drug Abuse

The child's right to protect from the use of narcotic and psychotropic drugs and from being involved in their production or distribution.
Article: 34 - Sexual Exploitation

The child's right to protection from sexual exploitation and abuse, including prostitution and involvement in pornography.
Article: 35 - Sale, Trafficking and Abduction

The State's obligation to make every ·effort to prevent the sale, trafficking and abduction of children.
Article: 36 - Other Forms of Exploitation

The child's right to protection from all other forms of exploitation not covered in Articles 32, 33, 34 and 35.
Article: 37 - Torture and Deprivation of Liberty

The prohibition of torture, cruel treatment or punishment, capital punishment, life imprisonment and unlawful arrest or deprivation of liberty. The principles of appropriate treatment, separation from detained adults, contact with family and to legal and other assistance.
Article: 38 - Armed Conflicts

The obligation of States to respect and ensure respect for humanitarian law as it applies to children. The principle that no child under 15 takes a direct part in hostilities or be recruited into the armed forces, and that all children affected by armed conflict benefit from protection and care.
Article: 39 - Rehabilitative Care

The State's obligation to ensure that child victims of armed conflicts, torture, neglect, maltreatment or exploitation receive appropriate treatment for their recovery and social re-integration.
Article: 40 - Administration of Juvenile Justice

The rights of children alleged or recognized as having committed an offence to respect for their human rights and, in particular, to benefit from all aspects of the due process of law, including legal or other assistance in preparing and presenting their defense. The principle that recourse to judicial proceedings and institutional placement should be avoided wherever possible and appropriate.
Article: 41 - Respect for Existing Standards

The principle that, if any standards set in national law or other applicable international instruments are higher than those of this Conventions, it is the higher standard that applies.

Article: 42-45 - Implementation and Entry into Force

The provisions of Articles 42-45 notably foresee:

  1. The State's obligation to make the rights contained in this Convention widely known to both adults and children.
  2. The setting up of committee on the rights of child composed of ten experts, which will consider reports that State Parties to the Convention are to submit two years after ratification and every five years thereafter. The convention enters into force.
  3. States parties are to make their reports widely available to the general public.
  4. The Committee may propose that special studies be undertaken on specific issues relating to the rights of the child, and may make its evaluation known to each State Party concerned as well as to the UN General Assembly.
  5. In order to "foster the effective implementation of the Convention and to encourage international cooperation" the specialized agencies of the UN (such as ILO, WHO, UNESCO) and UNICEF would be able to attend the meetings of the Committee. Together with any other body recognized as "competent," including NGOs in consultative status with UN and UN organs such as UNHC, they can submit pertinent information to the Committee and be asked to advise on the optimal implementation of Convention.
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Last modified: Monday, 13 February 2012, 10:23 AM