Indigenous Peoples and Human Rights

By Patrick Thornberry | Go to book overview

9

The UN Convention on
the Rights of the Child:
in particular Article 30

The Convention on the Rights of the Child (CRC) is the latest of the major UN treaties on human rights. The Convention follows a 1959 UN Declaration on the Rights of the Child, 1 and was adopted by the General Assembly of the UN in 1989, 2 coming into force in 1990 after the twentieth ratification. 3 It is the most widely ratified human rights treaty emanating from the UN 4 - only two States have not become parties. 5 The Convention is extensive, with fifty-four articles in total; the substantive provisions are set out in Articles 1 to 41. 6 The text contains a mix of general human rights and humanitarian law principles which are adapted to the special circumstances of children such as freedom of expression, 7 freedom of thought, conscience and religion, 8 and the right to education, 9 and new rights including as those relating to fostering and adoption 10 and rights to protection from sexual and other exploitation. 11 The Guidelines for periodic

____________________
1
Adopted by General Assembly resolution 1386(XIV), 20 November 1959.
10
Articles 20-1.
11
Articles 32-6.
2
Adopted without a vote on 20 November 1989, UN Doc. A/44/25.
3
Article 49(1).
4
191 States are parties to the Convention. On the other hand, there are many reservations, some couched in the most general terms: see Reservations, Declarations and Objections Relating to the Convention on the Rights of the Child, Note by the Secretary-General, CRC/2/Rev.8, 7 December 1999.
5
Somalia and the USA.
6
The text of the Convention is supplemented by two Optional Protocols: On the Involvement of Children in Armed Conflict, and On the Sale of Children, Child Prostitution and Child Pornography. For the list of States which have signed or ratified the Protocols, see CRC/C/103 (Report on the 26th Session of the Committee on the Rights of the Child), 22 March 2001, annexes II and III.
7
Article 13.
8
Article 14.
9
Article 28.

-225-

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