Wednesday, May 21, 2008

HR - Implementation from the Top Down

The Convention on the Rights of the Child was adopted by resolution on November 20, 1989 and went into force on September 2, 1990. At the present time it has 140 Signatories and 193 Parties. Most declarations to the Convention on the Rights of the Child were related to either Article 14 concerning the child’s freedom of religion as it was counter to the provisions of the Islamic Shariah as well as under Article 38 which permitted participation in armed conflict of children having attained the age of 15 years. Columbia stated that Article 38 was the outcome of serious negotiations which reflect various legal, political and cultural systems in the world. Many States felt that it would have been preferable to fix the age at 18 years.

Another interesting Declaration was made the Argentine Republic which declared the interpretation that a child means every human being from the moment of conception up to the age of eighteen.

I found the most powerful sentiment in the following Declaration by the Holy See:
"The Holy See regards the present Convention as a proper and laudable instrument aimed at protecting the rights and interests of children, who are 'that precious treasure given to each generation as a challenge to its wisdom and humanity' (Pope John Paul II, 26 April 1984)."

In addition to the Convention on the Rights of the Child, there is a Committee on the Rights of the Child (CRC) which is a body of independent experts that monitors implementation of the Convention on the Rights of the Child by its State parties. It also monitors implementation of two optional protocols to the Convention, on involvement of children in armed conflict and on sale of children, child prostitution and child pornography. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially two years after acceding to the Convention and then every five years. The Committee examines each report and addresses its concerns and recommendations to the State party.

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