In the course of our work, we frequently encounter misconceptions about the UN Convention on the Rights of the Child. This article aims to set the record straight.
The Convention on the Rights of the Child (CRC) is an international treaty and legal document which defines universal principles for the treatment of children. The CRC may sometimes seem complex and difficult to interpret in practice, which can lead to misinterpretations or misconceptions on the meaning of certain rights and their real-world applications.
This article deals with 10 myths and misconceptions about the Convention on the Rights of the Child. It aims to help the reader better understand the CRC without oversimplifying it.
Some articles in the CRC refer to children’s relationships with other adults and children (e.g., Article 15 on the freedom of association) or the need to respect the rights of others while exercising one's own rights (e.g., Article 14 on the freedom of thought, conscience and religion). But it is important to know that the CRC is a human rights treaty which codifies the relationship between states and children and, in a broader sense, between adults and children. Its purpose is not to define relationships between children or to force them to maintain relationships with others.
However, we’ve seen that children’s relationships with each other (and with adults) tend to improve when children know their rights. They develop greater empathy and become aware of the effects their actions have on others. This also applies within the context of school. Children are more likely to respect school rules of conduct and codes of ethics when these are developed on the basis of child rights and on the principles of human rights like non-discrimination, dignity and respect.
Love and happiness may seem to be obvious elements of children’s rights, but they are not contained in any of the 54 articles of the CRC. The CRC is a legal document – and laws can’t be used to define or implement emotions like love or happiness.
However, many articles in the Convention are about the conditions needed for a happy childhood – these include family life, rest and recreation, and protection from exploitation.
In the Preamble to the Convention, it is written that children should grow up in an “atmosphere of happiness, love and understanding.”
This claim is wrong for the same reason as number 2. Feelings of attachment or friendship cannot be legally mandated. The CRC does lay the foundation to form friendships – for example in the right to associate with others (Article 15).
Like all human rights, child rights are unconditional. They may not be withheld as punishment because a “responsibility” was not met. They are also universal, which means that they apply equally to all children everywhere.
Adults and children are encouraged to respect the rights of others, but that doesn’t mean that the rights of a child are dependent on them doing so.
The CRC is also not meant to be used to control children’s behavior in schools. It is better to speak of “rights and respect” than of “rights and responsibilities.”
No right is more important than any other. A key aspect of the CRC is that it must be taken as a whole and that all rights contained in it are connected. Here are some useful guidelines for putting this into practice:
- General principles: Four articles of the CRC have special importance in that the rights discussed in them are necessary for the fulfillment of – and form the basis for interpreting – all other rights contained in the CRC. They are known as the “general principles” of non-discrimination (Article 2), the best interests of the child (Article 3), the inherent right to life, survival and development (Article 6) and respecting the views of the child (Article 12). You might not be able to remember all 54 articles, which is okay, but these four should always be considered.
- Weighing conflicting rights: Sometimes, adults have to decide if one right takes priority over another. For example: Special circumstances may dictate that a child be separated from their parents if this is in the child’s best interests.
- Restrictions on rights: Some rights may be subject to restrictions that are usually defined by laws or policies. For example: The right to free expression (Article 13) may be restricted if someone uses their own right to free expression to abuse others and/or deny them their rights.
Any decisions that may restrict a child’s rights should be made only under special circumstances, for a limited time, and with the child’s well-being in mind. A child’s right to be heard and taken seriously must be respected at all times, and any measures should be taken in a way that respects the child’s dignity.
6. When a child turns 18, different human rights come into effect – rights that apply only to adults
Human rights, such as those set out in the United Nations’ Universal Declaration of Human Rights and the European Convention on Human Rights, apply to all people, including children and adolescents.
Children and adolescents are in a very special phase of their lives. The younger they are, the more support and protection they need. The older and more mature they get, the more independent and self-determined they become. Children’s rights take these developing abilities and needs into account.
While the CRC contains rights specifically for children under the age of 18, the International Bill of Human Rights applies equally to all – both children and adults, no matter their ethnicity, language, sex, origin or any other status.
No article in the CRC says that children have the right to have their own toys. However, Article 31 states that every child has the right to play, the right to take part in cultural and artistic activities, and the right to rest and leisure. The Committee on the Rights of the Child recommends that governments provide the appropriate human and financial resources so that all children and young people can exercise their right to play, recreation and rest independent of their families’ financial situation.
The Convention on the Rights of the Child was adopted by the United Nations General Assembly in 1989, after years of development. Although the CRC’s text (Preamble and 54 Articles) hasn’t changed, it is on the whole a living instrument that has evolved over time and which has been adapted to the many new realities that children face today.
An example of this adaptation is optional protocols. Three optional protocols expand the CRC’s reach in key areas. The first deals with child trafficking, child prostitution and child pornography. The second is on the involvement of children in armed conflict. The third optional protocol reinforces the mechanisms allowing children and young people to submit individual complaints to the UN Committee on the Rights of the Child. All three optional protocols have been ratified by Switzerland and Liechtenstein.
There are also regular reviews on how the Convention should be interpreted, and governments receive instructions on its implementation. For example, the UN Child Rights Committee – the experts who monitor CRC implementation – regularly publishes what are called General Comments. These aim to clarify and elaborate on certain articles or topics that are relevant to child rights. The Committee also organizes Days of General Discussion on specific topics such as “violence against children,” “digital media and child rights” and “children and the environment.” These events help to raise awareness and understanding of certain aspects of child rights.
The Convention on the Rights of the Child is a universal legal document. It does not belong to UNICEF. UNICEF’s work is guided by the CRC and, as the leading organization for children, UNICEF is mandated by the United Nations General Assembly to advocate for the protection of children’s rights, to help meet their basic needs and to expand their opportunities to reach their full potential.
UNICEF is also the only organization that is expressly mentioned in the CRC (Article 45). UNICEF was part of the working group that developed the text of the Convention, together with other organizations and individuals from all over the world.
Children’s rights apply to every child around the world, including here at home. While most children in Switzerland and Liechtenstein have a good life, some are affected by violence or are marginalized. Many children grow up in poverty. And we are still a long way from the well-being of children and young people being viewed as a genuine political and social priority.
Through their ratification of the Convention, Switzerland and Liechtenstein have committed to implement and be held accountable for child rights according to international law. The auditing procedures on the implementation of child rights is called Country Reporting. You can find more information on this and on the child rights situation in Switzerland and Liechtenstein here.