The United Nations Convention on the Rights of the Child is an international convention setting out the civil, political, economic, social and cultural rights of children. It is monitored by the Committee on the Rights of the Child. The Convention is an application of fundamental texts to the Child's rights. There are 192 signatory States. Somalia and the United Stated have refused. It is the most ratified of all the United Nations Human Rights treaties. It came into force in September 1990.
Sommaire de l'exposé
First part: Rights, freedoms, protection... of the Child
Second and Third parts: enforcement and control
The 2 optional protocols:
. The facultative protocol concerning the children selling, prostitution and pornography, 2000.
. The facultative protocol concerning children's implication in military conflicts, 2000.
Extraits de l'exposé
[...] Conclusion The Convention and its facultative protocols try to guarantee the respect of the Human Rights and especially for children but, like other international instruments, they can only exercise a power of persuasion. The Convention on the Rights of the Child is a positive tool for promoting child welfare for those countries that have adopted it. Nevertheless, it has an important influence on States (which fall back of a good will and faith) in the entire world. Even if it is not a binding instrument, it is already a good beginning. We hope that the next step will be an International law more powerful like European law and including restrictive measures. [...]
[...] Its full name is the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and it came into force on 12 February 2002. It was signed by 93 countries and ratified by 15. The protocol stipulates that its State Parties shall take all feasible measures to ensure that persons below the age of 18 do not take a direct part in hostilities and that they are not compulsorily recruited into their armed forces. [...]
[...] The prostitution of children is seen as forming part of the commercial sexual exploitation of children, and is sometimes connected to the trafficking of children for sexual purposes. Child sex tourism also falls within the category of the prostitution of children. The protocol was signed by 89 countries and ratified only by 18. It protects the Child from any economic exploitation, or any work which could have negative impacts on his education, his physical, mental, spiritual and social development. The sale of children is completely prohibited, a human being cannot be subject to commerce. [...]
[...] For example, the Supreme Court has ruled that the Eighth Amendment's prohibition on cruel and unusual punishment forbids the execution of defendants under the age of 18 or those with mental retardation, as well as those who, due to mental illness, are incapable of understanding the meaning of their pending execution. In the 2005 case of Roper v. Simmons, the Court rejected the death penalty for convicted murderers under the age of 18. The Court banned execution of the mentally retarded in 2002. It established its ruling on executing the insane in 1986 in Ford v. Wainwright. [...]
À propos de l'auteur
DULAC L.RHDroit internationalThe UN Convention on the Rights of the Child 1989