June 22nd, 2015 -- Do children have rights? Or just the rights we adults choose to give them? Can we do whatever we want to do to our children e.g. stop them from going to school, work them for forty hours a week, and beat them as much as we want (Ah bring you in dis worl’ an’ ah could tek you out!”)? Do children have views, or should they simply be ‘seen and not heard’?
Even though children are small and undeveloped, they are human beings, and therefore have the rights that all human beings are entitled to – including the right to life, the right to express themselves, and the right to an education. In addition, because children are often abused, neglected, or exploited by those around them, they need special protection that will allow them to survive and thrive in childhood, and later blossom into happy and healthy adults.
As a way of affirming the rights of children, and in an attempt to stem the mistreatment of young people worldwide, the United Nations (through its children’s organization, UNICEF) established the Convention of the Rights of a Child in 1989. This Convention created an international standard for how children should be viewed and treated, regardless of the child’s gender, race, socioeconomic status, political/religious affiliation, or country of origin. A central theme of the Convention is that children should not be viewed as ‘free help’, property, or playthings, but as human beings worthy of dignity and respect.
To date, over 190 countries, including St. Kitts-Nevis, have ratified the UNICEF Convention on Child Rights. By ratifying the Convention, countries approve the Rights of Children as set out in the Convention, and agree to uphold those rights. For many countries, this often means creating new child-friendly laws, policies, and practices, and overhauling or eliminating harmful ones. St. Kitts-Nevis has already made strides in this area, having ratified the Convention since 1990. Our progress, as well as the progress of all other countries who have approved the Convention, is monitored periodically by UNICEF.
What is included in the Convention?
The Convention of the Rights of a Child (CRC) is a comprehensive document that addresses the many rights that children have, including educational, cultural, legal, family, health and survival rights. All of the rights are outlined in 40 separate Articles, or Provisions, in the Convention. For example, Article 16 speaks to Children’s right to privacy, and Article 31 talks about Children’s need for relaxation and playtime activities.
So, what are some of the rights of children? Because of space limitations, we have selected and summarized 15 of the 40 Articles here for your review. The full Summary of these Rights can be found at http://www.unicef.org/crc/files/Rights_overview.pdf, while the entire Convention can be read at http://www.unicef-irc.org/portfolios/crc.html.
Article 1 - Definition of the Child - A child is a person below the age of eighteen (18).
Article 3 - Best Interests of the Child - The best interests of children must be the primary concern in making decisions that may affect them.
Article 5 - Parental guidance - Governments should respect the rights and responsibilities of families to direct and guide their children so that, as they grow, they learn to use their rights properly.
Article 9 - Separation from parents - Children have the right to live with their parent(s), unless it is bad for them. Children whose parents do not live together have the right to stay in contact with both parents, unless this might hurt the child.
Article 12 - Respect for the views of the child - When adults are making decisions that affect children, children have the right to say what they think should happen and have their opinions taken into account.
Article 13 -Freedom of expression - Children have the right to get and share information, as long as the information is not damaging to them or others. In exercising the right to freedom of expression, children have the responsibility to also respect the rights, freedoms and reputations of others.
Article 17 -Access to information; mass media - Children have the right to get information that is important to their health and well-being.
Article 19- Protection from all forms of violence - Children have the right to be protected from being hurt and mistreated, physically or mentally. Governments should ensure that children are properly cared for and protect them from violence, abuse and neglect by their parents, or anyone else who looks after them.
Article 23 - Children with disabilities - Children who have any kind of disability have the right to special care and support, as well as all the rights in the Convention, so that they can live full and independent lives.
Article 28 - Right to education - All children have the right to a primary education, which should be free. Discipline in schools should respect children’s dignity.
Article 29 - Goals of education - Children’s education should develop each child’s personality, talents and abilities to the fullest. It should encourage children to respect others, human rights and their own and other cultures.
Article 33 - Drug abuse - Governments should use all means possible to protect children from the use of harmful drugs and from being used in the drug trade.
Article 37 - Detention and punishment - No one is allowed to punish children in a cruel or harmful way. Children who break the law should not be treated cruelly. They should not be put in prison with adults, should be able to keep in contact with their families, and should not be sentenced to death or life imprisonment without possibility of release.
Article 39 - Rehabilitation of child victims - Children who have been neglected, abused or exploited should receive special help to physically and psychologically recover and reintegrate into society. Particular attention should be paid to restoring the health, self-respect and dignity of the child.
Article 40 - Juvenile justice - Children who are accused of breaking the law have the right to legal help and fair treatment in a justice system that respects their rights. Governments are required to set a minimum age below which children cannot be held criminally responsible and to provide minimum guarantees for the fairness and quick resolution of judicial or alternative proceedings (UNICEF)
As we celebrate ‘Child Month’, we may ask ourselves – how are we as a Nation doing in the area of Child Rights? Do the children around us currently enjoy the above rights and freedoms?
While progress has been made, much work still needs to be done. As party to the Convention, our Federation will continue advocating for and upholding the rights of our children, so that they can live happy and productive lives.
Submitted,
The Counselling Centre
Ministry of Social Development, Community, Culture & Gender Affairs
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