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.

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Presentation transcript:

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

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 Catalog of rights of the child and state’s responsibility Monitoring procedure – Committee on the right of the child/ supervisory body Ratification procedure, and other technical provision on enforcing and changes etc.