1.3 Main content of the CRC and the related States obligations

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From the course by University of Geneva

Children's Human Rights - An Interdisciplinary Introduction

424 ratings

University of Geneva

Children's Human Rights - An Interdisciplinary Introduction

424 ratings

Drawing on the contributions of several academic disciplines including law, psychology, sociology, history, educational and health sciences, economy and anthropology, an interdisciplinary approach guides the student into a selection of critical issues concerning children’s rights. Participants will gain insight relative to the development of this specific human rights category, as well as to the evolution of the challenges faced by children over time and society’s efforts to respond. Successful international strategies and programs promoting children’s rights will be highlighted, as well as the role of key actors involved in international organizations working in this field. This open online course provides an overview of the most important features of children’s human rights. A central portion of the MOOC will consist of a presentation of the international and regional standards on children’s rights and the related international and regional judicial and quasi-judicial bodies designed to ensure their implementation. No prerequisites or specific background is required to register for this MOOC. The course is conceived as an introductory level program, but participants, who wish to deepen their knowledge in the field of children’s rights, or already have some prior knowledge, will have access to additional reading material on a weekly basis. Participants who successfully complete the class activities and final assessment may request for a paid certificate of accomplishment signed by the Instructor and the main professors responsible for the program. However, no credits are awarded. The course consists of seven topical modules distributed on 4 weeks. English is the only language of instruction.

From the lesson

International standards and monitoring systems

The module begins with the presentation of the background, origins and main content of the UN Convention on the Rights of the Child (CRC), and provides details about the preparatory work and the international political context in which the Convention was drafted. The content of international human rights norms are discussed using the subdivision between civil and political rights on the one hand, and economic, social and cultural rights on the other. Furthermore, the general UN human rights monitoring mechanisms will be introduced, followed by the presentation of the CRC monitoring system. A discussion on the importance of regional human rights monitoring systems for children in Africa, Asia and Latin America will be the subject of a specific round table. Within the monitoring framework a particular attention is dedicated to role of key actors: Independent National Human Rights Institutions (INHRIs) on Children’s rights, Non-Governmental organizations (NGOs) and children.

1.1 Introduction3:32

1.2 The United Nations Convention on the Rights of the Child: from drafting to reception.23:52

1.2bis CRC General Principles5:23

1.3 Main content of the CRC and the related States obligations9:33

Meet the Instructors

Roberta Ruggiero
Dr
Center for Children's Rights Studies
Philip D. Jaffé
Professor
Center for Children's Rights Studies
Jean Zermatten
Dr. h. c.
Center for Children's Rights Studies and International Institute for Children's Rights

[MUSIC]

Hi everybody, this video will provide you an introduction

to the content of the convention and right of the child and

the main state obligation pertaining to the implementation of this convention.

Human rights can be classified for moving different paths.

To give you some example, they could be classified on the base of the state's

position in negative rights and positive rights.

Negative rights are those rights that ask the state parties to do

not interfere in the exercise of these rights.

Positive rights, are those rights that requires to states party to

undertake all the needed measures in order to allow to the right holder to

fully exercise the rights attributed to him or her.

They could also be classified from many historical point of view on generation.

We speak about rights of first generation, the civil and political rights.

We speak about rights of second generation, the economic, social, and

cultural rights.

We speak, as well about the rights of third generation,

that are also defined as solidarity rights.

Those are for example the right to peace.

The rights to a clean environment or the other determination of people.

Some of those rights of third generation have been already codified

at international level.

By the adoption of the international standards too.

Other remain merely aspirational.

We start, already,

to speak about rights of fourth generation that are meant mainly to protect

human beings towards the effect on the impact of the technologic evolution.

Think about for example,

the technological evolution pertaining to the genetic manipulation.

Some of those rights have been already codified international level by that

option of international standards.

The human rights could also be classified on the base of their specialization.

The specialization could refer to a specific thematic issue.

For example,

the convention against torture is a result of a thematic specialization.

They could also be the result of a specialization on a specific,

geographical area.

For example, think about the convention related to human rights and

adopted In Europe,

in Latin America, in Africa, or in the Islamic country for example.

They could also be specialized on the base of the group of people to each

those human rights are dedicated.

For example we speak about the convention on the elimination of

discrimination as against women.

We speak about the convention on the rights of migrant workers.

We speak aswell about the convention on the rights of the child.

The convention on the right of the child is the result of this

procedure of specialization of human rights.

It is dedicated to a specific group of people,

those that goes from the age of 0 to the age of 18.

And it was adopted by The General Assembly in November 1989.

The convention on the rights of the child is the most widespread and

commonly used international instruments for

defining the human rights associated with the youngest generation of human beings.

It provides the formal recognition of children as social actors through

the full implementation of the participation principle contained in

the article 12 of the convention on the right of the child.

It is a code of conduct for both adults in general towards children and

parents for parents towards their own children.

It provides us well the minimum standard of child care protection and

guardianship for guaranteeing full and correct child development.

It provides as well a list of recognized specific and

exclusive rights of the children in consideration

of their peculiarity as a social and a legal subject.

During this video, I will concentrate exclusively on the so

called substantive articles of the convention on the right of the child.

Those are the articles that go from article two to articles 41.

In it we have the entire release of the rights recognized to children and

the identification of the states obligation

pertaining to the implementation of this convention.

The rights included between the article two and

the article 41 can be organised under three main categories.

Universal human right, the specific rights and

the rights recognized to specific category of children.

Referring tho the first category, the universal human rights, this part

of the convention contains the catalog of the rights of first and second generation.

The civil and political rights and the economic, social and culture of rights.

Referring to this Second category of rights included in this document,

the so-called specific rights recognized to children.

Those are for example the rights recognized to the child in order to do not

separate them from their parents, or

their rights in case of adoption, or the right for example to play.

The third and last category of rights contained in this convention and the so

called rights attributed to children.

Belonging to specific Categories, specific groups.

To give you some example, there we speak about refugee children in Article 22.

We speak about children with some physical or

psychological disability in Article 23.

We speak about the right of children belonging to minorities.

In article 30 and we speak about children involved in for

example armed conflict in article 38.

The final name of the convention on the right of the child was to recognize

Sending sure that children not only had universal human rights but

also range of exclusive and

specific rights identified on the base of the peculiar characteristics of the child.

There is no doubt about the fact that the CRC ,the Convention on Right of the Child,

introduced a new approach and parameters in the field of childhood and

adolescent standards.

Furthermore, the adoption of these UN convection on the rights of

the child in 1989 and answered also the debate

on the State's obligations towards the implementation of these convection.

So the committee on the rights of the child, following the approach

of other UN committees such as, for

example the UN Committee on Civil and Political Rights.

Puts the rights stated in the Convention on the Right of the Child on the same

level overcoming the classical distinction between the rights of first and

second generation by saying that in order to implement the human rights of children

state parties has three main level of obligation.

Obligation to respect is the negative character of convention of the right of

the child, state are required do not interfere with the exercise of this right.

An obligation to fulfill,

this is the positive character of the conventional growth of the child.

On the base of this obligation now this is

state in article 4.1 of the convention on the right of the child.

States' parties are required to undertake or appropriate legislative,

administrative, and other measure needed for the implementation of this convention.

Third, the obligation to protect requires State's party

to protect individual against certain interferences,

perpetrated or operated by other private individuals,

groups of people or associated activists.

I thank you for the attention and I will see you in the next video.

[MUSIC]

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