Who is a child, and why special rights?
Under the Convention, a child is every person below 18 years, unless a country's law sets adulthood earlier.
Children are full human beings with all human rights. They also get special rights and extra protection because:
- they are still growing in body and mind;
- they depend on adults for food, care and safety;
- they usually cannot vote or go to court alone;
- harm in childhood (hunger, violence, no school) can affect a whole life.
An important idea is evolving capacities: as children grow older and understand more, they get more say and more freedom to decide for themselves.
A right is something every person is entitled to. A right of one person creates a duty for others (parents, teachers, the state) to respect, protect and fulfil it.
The UN Convention on the Rights of the Child (UNCRC)
Timeline:
- 1924: Geneva Declaration of the Rights of the Child (League of Nations): five short principles.
- 1959: UN Declaration of the Rights of the Child: ten principles, not legally binding.
- 1979: International Year of the Child; work on a treaty begins.
- 20 November 1989: the UN General Assembly adopts the Convention; it comes into force in 1990.
- 2000 and 2011: three Optional Protocols: on children in armed conflict, on the sale of children and child sexual exploitation, and a complaints procedure letting children bring cases to the UN.
Key facts: 54 articles (articles 1–41 list rights; the rest explain how it works). 196 states are parties, more than any other human rights treaty; the United States signed but has not ratified it.
A country that ratifies it promises to make its laws and policies match. Every five years it sends a report to the UN Committee on the Rights of the Child (18 independent experts), which gives recommendations. Children and NGOs can send their own reports too. UNICEF helps countries put the rights into practice.
Four guiding principles and four groups of rights
The four guiding principles
- Non-discrimination (Art. 2): every right for every child, whatever their gender, religion, language, disability, wealth, origin or their parents' status.
- Best interests of the child (Art. 3): in all decisions about children, by courts, schools, governments or welfare agencies, what is best for the child must be a primary consideration.
- Life, survival and development (Art. 6): the state must do all it can to help children live and grow to their full potential.
- Respect for the child's views (Art. 12): children may express their views on matters that affect them, and these views are taken seriously according to their age and maturity.
The four groups of rights
| Group | Examples |
|---|---|
| Survival | Life, name and nationality from birth, health care, nutritious food, clean water, a decent standard of living |
| Development | Free primary education, rest and play, culture and religion, access to information, care by parents, help for children with disabilities |
| Protection | From violence, abuse and neglect; from harmful child labour; from trafficking and sexual exploitation; from drugs; from recruitment into armed forces under 15 (18 under the Optional Protocol); fair treatment in juvenile justice; special care for refugee and orphaned children |
| Participation | Freedom of expression, thought, conscience and religion; freedom to meet and form groups; privacy; to be heard in courts and decisions |
Rights are indivisible: a child needs all of them together. A child who goes to school but is beaten at home is not enjoying their rights.
Protecting children's rights at home and in a country
Who has duties?
- Parents or guardians: first responsibility for upbringing, in the child's best interests.
- The state: makes laws, funds schools and health care, supports families, runs child protection services and courts.
- Schools, doctors, social workers, police: must report and act when a child is in danger.
- Community and media: respect children's dignity and privacy.
How countries put the Convention into national law (examples you will find in many countries, including the reader's own):
- a constitution or law on the rights of the child;
- a children's ombudsman or commissioner who receives complaints (for example in Norway, the first country to create one in 1981, and in many European states);
- a minimum working age and bans on hazardous work for under-18s;
- free, compulsory schooling (India's Right to Education Act, 2009; similar laws worldwide);
- laws against abuse and sexual exploitation (India's POCSO Act, 2012);
- a separate juvenile justice system focused on rehabilitation, not punishment;
- free child helplines (1098 in India; 116 111 in many European countries);
- special help for children affected by war, displacement or disaster: safe places, schooling, psychological support and family tracing.
When rights are broken, a child or adult can go to the school authority, child protection service, ombudsman, police or a court. After national remedies, some countries allow complaints to the UN Committee (Third Optional Protocol) or to regional courts.
Rights of students and youth protection
Students' rights at school
- Education that develops personality, talents and respect for human rights and the environment (Art. 28–29).
- Safety and dignity: school discipline must respect dignity; physical (corporal) punishment and humiliation are banned in many countries.
- Protection from bullying and from discrimination.
- Fair process: before serious punishment such as suspension, a student should be told the reason and heard.
- Voice: student councils, class meetings and surveys.
- Privacy: personal data, diaries and phones are not shared or searched without good reason.
Youth protection laws
Laws protect young people from things that could harm their development: limits on working hours and night work for teenagers, bans on selling alcohol, tobacco and gambling to minors, age ratings for films and games, rules on online platforms and data, and controls on harmful content. These limits are themselves a form of protection right.
Rights and responsibilities
Rights come with respect for others. A student's freedom of expression does not include insulting or bullying classmates. Learning to claim your rights and respect others' rights is part of growing into a responsible citizen.
Try it: a rights check of your day
Write down your day from waking up to sleeping. Next to each activity (breakfast, school, play, talking to friends, chatting online), write which group of rights it uses: survival, development, protection or participation. Then think of one child somewhere who may not have that right today and one thing that could help. In the 3D, pick situations and check your answers.
Key formulas and definitions
- Child = every person under 18 (UNCRC Art. 1)
- UNCRC: adopted 20 Nov 1989, 54 articles, 196 states parties, 3 Optional Protocols
- 4 principles: non-discrimination (Art. 2), best interests (Art. 3), life & development (Art. 6), views of the child (Art. 12)
- 4 groups: survival, development, protection, participation
- Right of a child → duty of parents, state and society
Worked examples
1. A court must decide which parent a 10-year-old will live with after a divorce. Which principles apply?
Best interests of the child (Art. 3) must guide the decision, and the child's views must be heard and given weight according to age and maturity (Art. 12). The decision is not about what suits the parents most.
2. A 13-year-old works 10 hours a day in a brick kiln instead of going to school. Which rights are broken?
Protection from economic exploitation and harmful work (Art. 32), the right to education (Art. 28) and to rest and play (Art. 31). The state must enforce child labour laws and help the family.
3. A school refuses to admit a child who uses a wheelchair. Which principle is broken?
Non-discrimination (Art. 2) and the rights of children with disabilities to education and inclusion (Art. 23 and 28). The school should make reasonable changes such as ramps.
4. A student council asks the head teacher to change the lunch-break timing. Which group of rights is this?
Participation: the right to express views and be heard on matters that affect them (Art. 12) and to meet in groups (Art. 15).
5. Why is it a problem that a country ratifies the Convention but children still work in mines?
Ratifying is a promise; the state must also pass laws, enforce them, fund schools and support poor families. The UN Committee would point this out in its review and recommend action.
Common mistakes
- Thinking children's rights mean children can do whatever they want. Rights protect children's well-being and grow with age; they come with respect for others.
- Thinking only the government has duties. Parents, schools and the community all have responsibilities too.
- Thinking the Convention is just a wish list. For countries that ratify it, it is a binding treaty with regular international review.
- Thinking participation means children make all decisions. It means their views are heard and taken seriously according to their age and maturity.