Human Rights Review
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Follow-up to the World Conference on Human Rights, New York 1998
VII. Rights of the child
48. Millions of victims of human rights violations are children. Although
the importance of protecting children is a matter of global consensus, children continue
to be the most vulnerable sector of society, particularly in situations of conflict or
other emergencies. Recognizing the enormous challenges in the protection of children's
rights, the World Conference encouraged States to renew their commitment and dedication to
safeguarding the dignity of all children, and to undertake measures for ensuring the
survival, protection, development and participation of children. It also recommended that
national and international mechanisms and programmes be strengthened to that end (Vienna
Declaration and Programme of Action, sect. I, para. 21; sect. II, paras. 45-53).
49. In response to the World Conference's call for its universal
ratification by the year 1995, the Convention on the Rights of the Child has nearly
achieved this goal (191 ratifications). This quasi-universal ratification of the
Convention succeeded in reversing the traditional "invisibility" of children on
the international agenda. Today, increased attention is paid in many countries to children
and their status as human beings with full rights. Inter alia, this development has
found its formal expression in legal reforms carried out by States Parties in conformity
with the principles and norms of the Convention, which include the establishment of
extraterritorial laws designed to punish those who engage in the sexual exploitation of
children abroad, the prohibition of practices that harm the girl child, changes in the
treatment of child refugee claimants and changes in family law such that the child's
welfare is protected in situations of divorce. Such changes have an important impact on
family attitudes, education policy, professionals working with and for children, the media
and decision makers. The Convention on the Rights of the Child also served as an important
guide for the adoption, by the Hague Conference on Private International Law, of new
standards for the protection of children.
50. Achievements at the national level also include the creation of
institutions set up specifically for the protection of children, such as ombudspersons for
children; civil liberties commissions for the rights of the child; national programmes on
the rights of the child, as well as child welfare societies; and the establishment of
municipal youth councils. Improvements have been made in expanding access to health care
and education. Steps have been taken to cut infant and maternal mortality. Since 1985, 2.5
million young lives have been saved through low-cost health programmes. There has also
been a great increase in the proportion of girls enrolled in schools in developing
countries. Seemingly simple initiatives can produce important results, as in the cases of
placing children's libraries in local communities or organizing school lunch programmes.
51. In developing a system-wide approach to the rights of the child, OHCHR
is cooperating closely with UNICEF, which has based its entire programme of activities on
the Convention on the Rights of the Child. In this framework, a plan of action to
strengthen the implementation of the Convention is being implemented. The purpose of this
plan, for which contributions from States parties to the Convention have been received, is
to provide substantive support to the work of the Committee on the Rights of the Child
with the States parties' reporting process, and to assist, where necessary, in
transforming recommendations into reality through the provision of adequate resources,
coordination with partners within the United Nations system and non-governmental
organizations, as well as other follow-up.
52. In spite of the efforts already made, movement from commitment to
action remains crucial for improving the lives of the world's two billion children.
Negative effects of poverty and structural adjustment; high infant mortality rates;
malnutrition; child trafficking, sexual exploitation and bonded labour; inadequate health
services and poor school attendance; persistent discrimination and cultural practices that
harm the girl child; insufficient supplies, access to or services for children in war
zones; and a lack of recourse for the complaints of children: these are only some of the
obstacles to be removed if the human rights of children are to be effectively protected.
53. Slavery continues to mark its scourge in the form of millions of child
labourers, who are often themselves trafficked and sold into the most deplorable
conditions. Lingering poverty and a lack of political will has forced millions of children
into an existence marred by sexual slavery or ceaseless toils in unspeakable conditions.
Children in these circumstances are abused and victimized, with little hope of a better
future. The international community must do more to ban the most hazardous forms of child
labour and guarantee universal primary education to all children. The Working Group of the
Commission on Human Rights is continuing to draft an optional protocol to the Convention
on the Rights of the Child on the sale of children, child prostitution and child
pornography. Reinforcement of existing efforts to prevent and combat the trafficking of
women and children has become one of the main objectives of the Office of the United
Nations High Commissioner for Human Rights. The United Nations Voluntary Trust Fund on
Contemporary Forms of Slavery was launched in 1991 to provide financial assistance to
organizations that work in this area. However, only US$ 18,000 were available as of 31
August 1998. An estimated amount of US$ 130,000 per year is needed for the Fund to fulfil
its mandate.
54. An intolerable status quo remains for children living in war-torn
societies. In the past decade, some 2 million children have been killed, 4 to 5 million
disabled, 1 million orphaned and 12 million left homeless (see UNICEF, 1997 Progress of
Nations). Addressing this terrible legacy of violence for the child survivors of war
zones should include the implementation of programmes that focus on the physical and
mental rehabilitation of children who have suffered the consequences of war. Prevention
demands the universal ratification of the Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction. The
practice of recruiting child soldiers into armies and militias must also be condemned.
Finally, it is crucial that States seriously consider diverting military spending in
favour of programmes that will improve the welfare of children. Special mention should be
made of the study on the impact of armed conflict on children, undertaken at the request
of the Committee on the Rights of the Child. The study process and follow-up activities by
the Special Representative of the Secretary-General on Children in Armed Conflict have
illustrated the effective interaction between international intergovernmental,
non-governmental organizations and academic institutions in the area of children in
especially difficult circumstances. After four sessions, the Working Group established by
the Commission on Human Rights to draft an optional protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict with a view to
raising the minimum age of recruitment continues its work.
55. From the experience gathered by the Committee on the Rights of the
Child in its dialogue with Governments, a wide range of measures have been identified that
would improve national implementation of the rights of the child. These include advice and
assistance to Governments in respect of law reform, the establishment or strengthening of
coordinating and monitoring mechanisms, awareness-raising and information campaigns on the
Convention, education and training programmes, efforts to combat child exploitive labour
and sexual exploitation, improving access to and the contents of education, and the
administration of juvenile justice. A concerted effort is required among States, civil
society and intergovernmental institutions in order to further initiatives that focus
attention on children's issues. Ensuring the effective implementation of the Convention on
the Rights of the Child and maintaining the pledges made since the 1990 World Summit for
Children and the Vienna Conference are global tasks. Children themselves should also be
included in these efforts since they are the ones who must seize, nourish, defend and
realize their rights for their generation and those to follow.
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