Children represent another segment of the population that has been singled out by a number of covenants for special protection in international human rights law.  This makes sense since children generally lack the maturity and autonomy to defend their own interests and safeguard their own rights.  In most cases, responsibility for the interests of children rests with their parents.  But, as we have already seen in some cases, such as bonded labor and will see in more cases below, families cannot always be relied upon; nor can the state or national governments that should be the child’s last line of defense.

The idea of extending dedicated human rights to children is a relatively new one, but its origins can be traced back even before the founding of the United Nations, to the child welfare movement of the early twentieth century.¹  In 1924, the Geneva Declaration on the Rights of the Child was adopted by the League of Nations.

This short document only has five concise provisions:

• It requires that children be given “the means requisite for…normal development, both materially and spiritually (Article 1);
• that children be fed, housed, and cared for (Article 2);
• that children “be the first to receive relief in times of distress” (Article 3);
• that children be protected from exploitation (Article 4);
• and that “the child must be brought up in the consciousness that its talents must be devoted to the service of fellow men” (Article 5).²

This was followed by the more complex UN Declaration of the Rights of the Child in 1959.  The UN version added rights to a name and nationality (Principle 3), to special education for the disabled and handicapped (Principle 5), to education (Principle 7), and to exemption from work before a minimum age (Principle 9).

Another provision with broad application was included, specifying that “the child, for the full and harmonious development of his personality, needs love and understanding.  He shall, wherever possible, grow up in the care and under the responsibility of his parents, and, in any case, in an atmosphere of affection and of moral and material security.”  It was also made clear that children should, “save in exceptional circumstances,” not be separated from their mothers.³

The principles outlined in the UN Declaration on the Rights of the Child were formulated in comprehensive fashion into a Convention on the Rights of the Child (1989, 1990).  It is notable that this convention, although drafted at a relatively late stage in the development of human rights, has quickly become the “most widely ratified human rights treaty” of them all.  It has been ratified by nearly every state in the world, with Somalia and the United States (both of which have signed, but not ratified the agreement) being two exceptions.⁴

The United States did not ratify the Convention due to concerns regarding its federal system of government which was deemed incompatible with certain provisions of the agreement requiring national education policies or other requirements typically handled at the state or local level in the U.S. political system.

This convention is grounded in four key principles that establish a framework for thinking about the human rights of children.

First, it reaffirms the principle of non-discrimination (Article 2).

Second, it establishes a standard for making any decisions involving children: the top consideration should always be “the best interests of the child,” as defined by “public or private social welfare institutions, courts of law, administrative authorities or legislative bodies” (Article 3).

Third, it protects every child’s right to life and development, and all the corollary rights those two entail (Article 6).

Fourth, it guarantees children some role, to whatever extent is appropriate, in decisions that are made on their behalf: “State parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child” (Article 12) (18).  This latter point stresses the importance of establishing direct channels of communication between children and governments that are unmediated by families or human rights groups.

The Convention also leaves states parties to “fix minimum ages for admission to employment, subject to the right of children to be protected from economic exploitation, hazardous work, or work that is likely to interfere with their education or be harmful to their health or development.”⁵  International human rights law generally, and the Convention on the Rights of the Child specifically, seek to create a protected space in which children can flourish without threat of violence or oppression.

1 Marks and Clapham, 19

2 “Geneva Declaration of the Rights of the Child”

3 “Declaration on the Rights of the Child”

4 “Path to the Convention”

5 “Convention on the Rights of the Child,” Marks and Clapham, 20

Next: Child Labor