The UN Convention on the Rights of the Child

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Presentation transcript:

The UN Convention on the Rights of the Child From The Cyprus Children’s Parliament and The Pancyprian Coordinating Committee for the Protection and Welfare of Children Original version in Greek by Kyriacos Pastides

Important dates 19th century: No collective responsibility towards children (exploitation, child labor, social and economic discrimination) 1924 : The Geneva Declaration on the Rights of the Child is adopted 1959: The UN Declaration on the Rights of the Child is adopted (a moral framework of no legislative value) 1979 : The International Year for Children (discussions on a forthcoming Convention begin) 1989 : The UN General Assembly unanimously votes for the adoption of the Convention on the Rights of the Child

General points The UN Convention on the Rights of the Child is the first legal binding document recognising the individual rights of children all over the world. In its 54 articles, it sets the fundamental requisites for the protection and welfare of children. It was unanimously adopted by the UN General Assembly on the 20th November 1989 and put into effect in 1990. Almost all UN Member States, including Cyprus, have ratified the Convention.

1990 A year to remember!... Within the November 1990 Children’s Week, thousands of Cypriot children of all ages participated in a rally through Nicosia streets to the Parliament building, demanding the immediate ratification of the UN Convention on the Rights of the Child. A month later, the Republic of Cyprus ratified the Convention.

Ratified the UN Convention on the Rights of the Child in So, Cyprus … Ratified the UN Convention on the Rights of the Child in December 1990 with the #243 Law of 1990. When a state ratifies an international convention it becomes automatically obliged to amend its legislation in such a way as to ensure full compliance with its provisions. It should be noted that ratified international conventions are placed above national legislations.

The preamble: State parties Considering that recognizing the dignity and equal and inseparable rights for all is a foundation to freedom, justice and peace in the world

Taking into consideration That all peoples decided to promote social progress and better living conditions

Recognizing That the United Nations proclaimed and agreed that each and every individual is entitled to enjoy all rights regardless of race, color, gender, language, religion , political or other convictions

That children are entitled to special aid and support Reminding That children are entitled to special aid and support

Convinced That the family should have the necessary protection and support in order to be able to fulfill its community role

Recognizing That in order for children to harmoniously develop their personality they should be raised in a family setting within a climate of happiness, love and understanding

Feeling That it is important to prepare the child to live an independent personal life within society and with the ideals of peace, dignity, tolerance, freedom, equality and solidarity

Taking into consideration That the need to give children special protection was mentioned in the Geneva Declaration of 1924 and that children, because of their physical and mental immaturity, need special protection and care along with adequate legal protection both before and after birth

Reminding The special mention of placement into care or for adoption and the rules, regulations and procedures governing such cases

Recognizing That in each and every country of the world there exist children who live under very difficult conditions and that special attention should be given to these particular children

Taking into serious account The importance of cultural heritage and tradition in the protection and development of children

Recognizing The importance of international cooperation for the improvement of children’s life conditions in all countries, especially the ones under development

Member States Agree to promote THE UN CONVENTION ON THE RIGHTS OF THE CHILD

The four principles The Convention states that all individuals under 18 years of age are considered to be children. It is based on four basic principles: The Principle of the Right to Survival The Principle of the Right to Protection The Principle of the Right to Life, Evolution and Development The Principle of the Right to Respect Children’s Views and the Right to Participation

1. The Right to Survival Covering the right to life and the basic needs for a child’s survival: adequate life conditions, a house, adequate food, clean water and medical care.

2. The Rights to Protection They demand that children are protected from all forms of abuse, neglect or exploitation. They cover cases such as refugee children, tortured children, children in various institutions, child soldiers, child labour, drug abuse and sexual exploitation and they demand special protection and care.                                   

3. The Rights to Development They include everything that children need in order o develop their full capacities and abilities. For example, the right to play and recreation, the right to education, the right to cultural life, the right to access information, the right to freedom of thought and religion.

4. The Rights to Participation They allow children to play an active role in their societies and their nations. They include the right to free expression of opinion, the right to comment on issues concerning them and their life, the right to participate in all kinds of cultural events, the right to organize.

The Articles The UN Convention on the Rights of the Child comprises 54 Articles that could be divided into three parts

PART ONE 1. Definition 2. Discriminations 3. Care 4. The Member State 5. Parental Support 6. Survival and Development 7. Name and Nationality 8. Identity 9. Life with Parents 10. Family reunion

11. Abduction / Detainment 12. Freedom of Opinion 13. Freedom of Expression 14. Freedom of Thought and Religion 15. Freedom to organize 16. Personal Life 17. Access to Information 18. Parental Responsibility 19. Abuse / Neglect 20. Protection / Orphans

21. Adoption 22. Refugee Children 23. Children with Special Needs 24. Health and Health Services 25. Reconsidering Care 26. Social Services 27. Standard of Life 28. Education 29. Educational targets 30. Minority Children 31. Play and Recreation

32. Child labour 33. Protection from drugs 34. Sexual exploitation 35. Child trafficking 36. Other forms of exploitation 37. Torture and loss of freedom 38. Armed conflicts and War 39. Inclusion - rehabilitation 40. Justice 41. Recognition

Article 12 State Parties guarantee to any child that has the ability to judge, the right to free expression of his opinion on any issue relevant to him, taking into consideration the child’s age and maturity.

Article 13 The child has the right to free expression. This right includes the freedom to seek, gather and disseminate information and ideas of any kind and on any issue, irrespective of borders, either in oral or written or printed or artistic form or in any other form of his choice.

Article 16 No child could be subject to arbitrary or illegal interference in his private life, in his family, in his home or in his correspondence nor could he be subject to arbitrary or illegal insults of his reputation and honour.

Article 19 State Parties take all necessary legal, administrative, social and educational measures to protect the child from any form of violence, insult, corporal or mental punishment, abandonment, neglect, abuse or exploitation – including sexual abuse and exploitation – at all times, be him under the care of both or one parent or in custody or under the care of a legal representative or any other person to whom his care was entrusted.

Article 30 In countries where ethnic or religious minorities or indigenous peoples exist, an indigenous child or a child of any minority could not be denied the right to his own cultural life, the right to believe and exercise his own religion or the right to use his on language along with the other members of his group.

Article 32 State Parties recognize the right of the child to be protected from economic exploitation and from any labour that could be dangerous to his life, to his education, to his health – corporal, mental, psychological or moral – or to his social development.

PART TWO Implementation and Monitoring: Articles 42 to 45. They define the monitoring mechanism for the implementation of the Convention and a relevant body is instituted for this purpose, the UN Committee on Children’s Rights.

PART THREE POSSIBLE AMENDMENTS: ARTICLES 46 to 54 They include regulations on possible future amendments to any article of the Convention.

According to the UN Convention on the Rights of the Child, students have the following rights: The right to free expression of their opinion The right to disagree with the official opinion of the Ministry, the Headmaster, the Professor or Teacher The right to freely disseminate ideas or information within the school, in written or oral form The right to freely hand flyers, announcements, magazines or other printed material to fellow students within the school The right to freely organize, rally or protest without anybody having the right to interfere or stop them The right to participate and the right to have their opinion respected in all issues and decisions that directly or indirectly affect them in respect to the school system, regulations or administration

According to the Convention In the Family All members are equal regardless their age Children have the right to express their opinion and that opinion should be heard and respected Children have the right to deny to follow an order given by the parents if they feel it would be harmful to their best interest or if it insults their beliefs or convictions Children have the right to demand good life conditions and family serenity Children have the right to chose family activities In the case of divorce, children have the right to chose where and with which parent they wish to stay

All these are valid given that: Any action taken as a result of the implementation of the UN Convention on the Rights of the Child, is not contrary to national legislation of a democratic society, is not threatening to national interest or national security or public order or public health or public morals or the rights an freedoms of other citizens.

Why is the Convention important? It is the first legally binding document on Children’s Rights Failure to implement the Convention results in legal consequences and penalties It is universally recognized and accepted Almost all countries in the world have ratified it and try to conform by amending their legislation State Parties are monitored by special Committees and Institutions

Who monitors the implementation in Cyprus? The Office of the Ombudsperson for the Protection of Children’s Rights In cooperation with the Pancyprian Coordinating Committee for the Protection and Welfare of Children (PCCPWC)

What is YOUR responsibility? THINK ABOUT IT!!! The Un Convention on the Rights of the Child EXISTS! Is it implemented? Is the implementation monitored properly? Do children know and demand their rights? What is the State’s responsibility? What is the Children’s Parliament responsibility? What is YOUR responsibility? THINK ABOUT IT!!!

Any way… thanks for your patience! THE CYPRUS CHILDREN’S PARLIAMENT Oooooh! Is it not over yet? ΟΚ Got the message! Oh! Enough!! I’m so sleepy… Hey… I’m bored! Any way… thanks for your patience! THE CYPRUS CHILDREN’S PARLIAMENT

CHILDREN'S RIGHTS RECOGNITION PCCPWC CHILDREN'S PARLIAMENT + = CHILDREN'S RIGHTS RECOGNITION