Summary
Summary Model essay on "International Protection of Rights of Children".
- Module
- Law (LA2029)
- Institution
- Queen Mary, University Of London (QMUL)
This is a model essay on International law regarding rights of Children.
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According to Bantekas and Oette, a child’s vulnerability is different to that ofother vulnerable groups (like LGBT, etc.) because they are dependent on
others for their survival at different stages of their development. With
Renaissance and Reformation movement, children were seen to be in need of
discipline and were weak (Freeman). It can be argued from this that; children
need a specific regime as they are the most vulnerable.
It can be said that Children’s rights are an ‘inherent part’ of the UN system. As
Art 24 and 25 of the UDHR make clear reference to children’s rights. Art 10 of
the ICESCR and Art 24 of ICCPR are also relevant. A number of other
documents were also adopted such as the Beijing Rules. These, however, did
not provide a legally binding mean of enforcing children rights. The Convention
on the Rights of Child, being the most ratified international instrument, was
adopted in 1989.
The preamble of the Convention has included a paragraph that affirms the
family as ‘he fundamental group of the society’. Discuss family in detail if
relevant.
A few important provisions need to be discussed at this point. Starting with Art
1, it defines child as ‘…every human being below the age of 18’ unless majority
is attained earlier in accordance with the law applicable. In Iran the age of
majority is 15 and 9, for boys and girls, respectively. Art 2 places bother
negative and positive duty on the party states. According to Art 3, ‘the best
interest of the child shall be a primary consideration’. A child’s best interest
needs assessment on individual basis by the courts, as so important decisions
need to be reasoned as to the effect they have on the child in question (Y.B.
and N.S. v Belgium).
According to Art 9, a child must not be separated from their parents. If this is
necessary for their best interest then ‘personal contact’ needs to be ensured
on a regular basis. Under Art 12 the child has an entitlement, not obligation, to
express their views in administrative or legal proceedings. Art 18 accords
parents/guardians ‘common responsibilities for the upbringing and
development of the child’. Certain economic and social rights are elaborated
by Art 24 to 28. Art 28 relates to the right to education. The child is protected
from sexual abuse and exploitation by Art 34.
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