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Definition of a child Article 1 of the Convention defines the child as every human being below the age of
18 years unless, under the law applicable to the child, majority is attained earlier.
Right to nondiscrimination
Article 2 states that every member state should implement the rights of the child within her jurisdiction
without any form of discrimination; must not violate any right; and must take positive action to promote
them all.
Right to actions taken in their best interests
the principle of best interest of the child has been recognized in the Article 3. The Article emphasis on all
action concerning the child should take full account of the best interest of the child; and the role of family
and the state for protection and care of children for their wellbeing. Implementation of rights The
directive to the state to undertake all appropriate legislative, administrative and other measures for the
implementation of the rights recognized in the Convention has been articulated in Article 4. Such effort
should be in the optimal extent.
Right to parental guidance & responsibilities and family relations
Article 5 states the parental guidance and the child’s evolving capacities. The State has duty to respect the
rights and responsibilities of parents to provide guidance appropriate to the child’s evolving capacities.
Article 9 has recognized the inherent right of child to stay with her/his parents/family and State can not
separate the child from her/his parent(s) until and unless it is deemed incompatible with her/his best
interest. Under Article 10, the CRC recognizes the right of children and their parents to leave any country
and to enter their own in order to be reunited or to maintain the child-parent relationship. Furthermore, the
parental responsibilities have beenr ecognized under the Article 18. The parents have the primary
responsibility for the upbringing and development of the child and the best interests of the child will be
their prime concern and the State should support to parents to fulfill their parental responsibilities. Article
25 states that States parties recognize the right of a child who has been placed by the competent
authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a
periodic review of the treatment provided to the child and all other circumstances relevant to his or her
placement.
Right to survival and development
Article 6 recognizes the child’s right to survival and development. The State recognizes that every child
has the inherent right to life. It is the State’s responsibility that the State has done maximum effort in this
regard.
Right to name and nationality
Article 7 is about the child’s right to her/his name and nationality immediately after the birth. Under the
Article 8, the CRC recognizes the child right to preservation of identity of the child and the State is
obligated to protect and re-establish the basis aspect of the child’s identity like name, nationality and
family ties, if necessary.
Right to protection from illicit transfer and illegal adoption
Article 11 states that the State shall take measures to combat the illicit transfer and non-return of children
aboard and to end this the State shall promote the conclusion of bilateral or multilateral agreements or
accession to existing agreements. Aligning with Article11, the Article 21 emphases on legal and
systematic process of adoption considering the best interest of the child. In countries where adoption is
recognized and/or allowed, it shall only be carried out in the best interests of the child, with all necessary
safeguards for a given child and authorization by the competent authorities.
Right to freedom of expression, thought, conscience and religion
with all necessary safeguards for a given child and authorization by the competent authorities.
Article 12 is about the child’s right to express an opinion and to have that opinion taken into account. The
State shall give due weight in accordance with the age and maturity of child for her/his
view/opinion/expression. Article 13 recognizes the child’s right to freedom of expression. The child has
the right to freedom of expression; this right includes freedom to seek, receive and impart information and
ideas of all kinds. In other words, the child has the right to obtain and make known information and to
express her /his views until and unless it violates the rules or the others rights. Article 14 recognizes the
child’s right to freedom of though, conscience and religion. Every child has right to freedom of thought,
conscience and religion which is subject to appropriate parental guidance and national law. About the
children of minorities or indigenous populations, Article 30 makes some provisions about the children of
minorities or indigenous populations. The Article states the right of children of minority communities and
indigenous populations to enjoy their own culture and to practice their own religion and language.
Right to freedom of association and peaceful assembly
Article 15 has the provision of child’s right to freedom of association and freedom of peaceful assembly
and there is no restriction to be placed by the State until and unless it is against the law and violates the
others rights.
Right to State protection of privacy, home, family and correspondence
Article 16 clearly states that no child shall be subjected to arbitrary or unlawful interference with his or
her privacy, family, home or correspondence, no to unlawful attacks on this or her honour and reputation
and the child has the right to the protection of the law against such interference or attacks.
Right to access to appropriate information
Article 17 is about child’s right to the access of appropriate information. The role of the media in
disseminating information to children that is consistent with moral well-being and knowledge and
understanding among peoples, and respects the child’s cultural background. The State is to take measures
to encourage this and to protect children from harmful materials
Right to protection from abuse and neglect
Article 19 is about child’s right to protection from abuse and neglect. The Article states that the State
shall take all appropriate legislative, administrative, social and educational measures to protect the child
from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or
any other person who has the care of the child. And furthermore, the State has the obligation to prevent
such abuse and neglect and initiating the appropriate actions in this regard.
Right to special protection and assistance
Article 20 is about special protection of the child without families. The State has the obligation to provide
special protection for children deprived of their family environment and to ensure that appropriate
alternative family are or institutional placement is made available to them, taking into account the child’s
cultural background.
Right to refugee child to special protection and assistance
Article 22 deals with refugee children. The State shall have given special protection to the children who
are refugees or seeking refugee status. It is the State’s obligation to cooperate with competent
organizations providing such protection and assistance.
Right to special care if disabled
Article 23 is about special consideration to the handicapped children. It is recognized the right of
handicapped children to special care, education and training designed to help them to achieve greatest
possible self-reliance and to lead a full and active life in society.
Right to hearth and access to health-care services
Article 24 recognizes the right of the child to the enjoyment of the highest attainable standard of health
and to facilities for the treatment of illness and rehabilitation of health. The State has to strive to ensure
that no child is deprived of his or her right of access to such health care services. The State has the
obligation to work towards the abolition of harmful traditional practices. Emphasis is laid on the need for
international cooperation to ensure this right.
Right to benefit from social security
Article 26 has the provision of child’s right to social security. The Article indicates the State’s obligation
to provide social security to the children. Every child has the right to benefit from social security,
including social insurance and it’s State’s obligation to take necessary measures to provide such rights.
Right to a decent standard of living
Article 27 declares the right of every child to a standard of living for her/his physical, mental, spiritual,
moral and social development. And it is the duty of State to ensure that such responsibilities are first
fulfillable and then fulfilled, where necessary thorough the recovery of maintenance. Right to education
Article 28 recognizes child’s right to education. The main provision of this Article is the child’s right to
educationand the duty of State to ensure that primary education at least is made free and compulsory.
Administration of school discipline is to reflect the child’s human dignity. Emphasis is laid on the need
for international cooperation to ensure this right. And Article 29 is about aims of education to children.
The summary of the provisions in this Article is – the State’s recognition that education should be
directed at developing the child’s personality and talents, preparing the child for active life as an adult,
fostering respect for basic human rights and developing respect for the child’s own cultural and national
values and those others.
Right to rest and leisure, play and recreation, culture and the arts
Article 31 recognizes the right of the child to leisure, recreation and cultural activities. And it is State’s
responsibility to respect and promote the right of the child to fully participate in cultural and artistic life
and shall encourage the provision of appropriate and equal opportunity for cultural, artistic, recreational
and leisure activity. Child labor right Article 32 holds the major provision of child labor. The Article
entitles the right of the child to be protected from economic exploitation and from performing any work
that is likely to be hazardous or to interfere with the child’s education or to be harmful to the child’s
health or physical, mental, spiritual, moral or social development. It is the obligation to the State to
protect children from engaging in work that constitute a threat to their health, education or development,
to set minimum ages for employment and to regulate conditions of employment.
Right to protection from any form of exploitation and abuse
Article 33 is about drug abuse. The child has right to protection from the use of narcotic and psychotropic
drugs and from being involved in their production or distribution. Article 34 has the provision about
sexual exploitation. The State must undertake to protect the child from all forms of sexual exploitation
and sexual abuse. For these purposes the State shall in particular take all appropriate national, bilateral
and multilateral measures to prevent: the inducement or coercion of a child to engage in any unlawful
sexual activity; the exploitative use of children in prostitution or other unlawful sexual practices, and;
exploitative use of children in pornographic performances and materials. Article 35 has the provision of
sale, trafficking and abduction of child. It is the obligation of the State that it must make every effort to
prevent the sale trafficking and abduction of children. Article 36 has the provision of other forms of
exploitation. The Article states that States Parties shall protect the child against all other forms of
exploitation prejudicial to any aspect of the child’s welfare. Furthermore, Article 39 has the provision of
rehabilitative care. It states that State parties shall take all appropriate measures to promote physical and
psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or
abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed
conflicts. Such recovery and re-integration shall take place in an environment which fosters the health,
self-respect and dignity of the child.
Right to protect from torture and deprivation of liberty
Article 37 provides the right to child to protection from torture and deprivation of liberty. The Article
clearly express the prohibition of torture, cruel treatment or punishment, capital punishment, life
imprisonment, and unlawful arrest or deprivation of liberty; the principles of appropriate treatment,
separation from detained adults, contact with family and access to legal and other assistance.
Right to protection from armed conflict
Article 38 has the provision abut children in armed conflicts. It further restricts the government to respect
the rules of international humanitarian law applicable to children in armed conflict. This Article states the
obligation of State to respect and ensure respect for humanitarian law as it applies to children. The
principle that no child under 15 take a direct part in hostilities or be recruited into the armed forces and
that all children affected by armed conflict benefit from protection and care. Right to juvenile justice
Article 40 has the provision of administration of juvenile justice. The Article states that State Parties
recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law
to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which
reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes
into account the child’s age and the desirability of promoting the child’s re-integration and the child’s
assuming a constructive role in society. The right of children alleged or recognized as having committed
an offence to respect for their human rights and in particular, to benefit from all aspects of the due process
of law, including legal or other assistance in preparing and presenting their defense. The principle that
recourses to judicial proceedings and institutional placements should be avoided wherever possible and
appropriate