The Convention is rooted in many of the foundational United Nations human rights documents, such as the Charter, the Universal Declaration, and the International Covenants, and aims to adapt these universally accepted principles to the specific circumstances of children. The crucial role of the family is emphasized as the “natural environment for the growth and well-being of children.
The treaty itself is structured to establish universal standards and principles applicable in all states, while allowing flexibility in implementation to take account of state parties’ varying cultural, social, economic and political realities.
The Convention enshrines four key principles that serve to guide national implementation. These are:
- Non-discrimination. Art. 2, States Parties shall respect and ensure that the rights shall be enjoyed by all children within their jurisdiction, irrespective of his/her parent/guardian’s “race, colour, sex, language, religion, political or other opinion, national ethnic or social origin, property, disability, birth or other status.”
- Best interests of the child. Art. 3 is intended to guide state social welfare institutions, courts of law, administrative authorities, etc. States Parties undertake that the best interests of the child shall be a primary consideration.
- The right to life, survival and development. Art. 6 recognizes that every child has the inherent right to life and that States Parties shall ensure to the maximum extent possible the survival and development of the child.
- The views of the child. Art. 12 provides that the views of children shall be given due weight in all matters affecting them “in accordance with the age and maturity of the child.”
The Convention’s detailed provisions cover the responsibilities of the state, the role of the family and in general reinforce rights and responsibilities set out in other human rights instruments while adapting their application to the particular circumstances of children.
Regarding the role of the family, the Convention provides the right of every child not to be separated from their parents except for their well-being. Parents shall have the primary responsibility for a child’s upbringing (with provisions for states providing “appropriate assistance”). Children also are provided the right to a name and nationality from birth.
Some of the key responsibilities of the state include:
- States shall protect children from physical or mental harm and neglect, including sexual abuse of exploitation.
- States will provide parentless children with suitable alternative care.
- Disabled children shall have the right to special treatment, education and care.
- States will ensure the highest attainable standard of health. Emphasis is placed on preventive measures, health education and reduction of infant mortality.
- States shall facilitate the reunification of families by permitting travel into or out of their territories.
- States shall protect children from economic exploitation and from work that may interfere with their education or be harmful to their health or well-being.
A number of provisions relate to the application to children of the state legal and penal system:
- Capital punishment of life imprisonment shall not be imposed for crimes committed before the age of 18.
- Children in detention shall be separated from adults; they shall not be tortured or suffer cruel or degrading treatment.
- Children involved in infringements of the penal law shall be treated in a way that promotes their sense of dignity and aims at reintegration into society.
Some other highlights from the Convention:
- Primary education shall be free and compulsory. Discipline in schools shall respect the child’s dignity. Education should prepare the child for life in a spirit of understanding, peace and tolerance.
- Children shall be afforded time for rest, play, and equal opportunities for cultural and artistic activities.
- All efforts shall be made to eliminate the abduction and trafficking of children.
- No child under 15 shall take any part in hostilities.
- Children of minority and indigenous populations shall freely enjoy their own culture, religion and language.