Rights of the Child
Specific Instruments
  General Instruments
  Articles
  Websites
  Selected Case Law
  Case Law Websites
  Reports
  Books
  Periodicals
  Human Rigths Actors
The United Nations Convention on the Rights of the Child (1989) rests upon three major procedural principles: participation, superior interest of the child, and non-discrimination. Article 1 delimits its scope of application by defining the child as "every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier." This weak definition reflects the current debates on the legal protection and the concept of the child. These questions are delicate because of the importance of cultural relativism in this area. Specific themes to highlight within the general issue include: - the concept of the Child - Child soldiers - Refugee children - Participation of children - Exploitation of children - Juvenile justice - Education.
     
Specific Instruments
Convention against Discrimination in Education
Date of adoption: 15/12/1960 Entry into force: 22/5/1962
System of protection: Universal
Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour
Date of adoption: 17/6/1999 Entry into force: 19/11/2000
System of protection: Universal
Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with special reference to Foster Placement and Adoption Nationally and Internationally
Date of adoption: 3/12/1986 Entry into force: -
System of protection: Universal
Declaration of the Rights of the Child
Date of adoption: 20/11/1959 Entry into force: -
System of protection: Universal
United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
Date of adoption: 1990 Entry into force: -
System of protection: Universal
United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules)
Date of adoption: 14/12/1990 Entry into force: -
System of protection: Universal
Geneva Declaration of the Rights of the Child of 1924
Date of adoption: 26/9/1924 Entry into force: -
System of protection: Universal
African Charter on the Rights and Welfare of the Child
Date of adoption: 11/7/1990 Entry into force: 29/11/1999
System of protection: Organization of African Unity
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
Date of adoption: 2/11/2000 Entry into force: -
System of protection: Universal
Inter-american Convention on the International Return of Children
Date of adoption: 15/7/1989 Entry into force: 4/11/1994
System of protection: Organization of American States
Inter-american Convention on International Traffic in Minors
Date of adoption: 18/3/1994 Entry into force: 15/8/1997
System of protection: Organization of American States
Inter-american Convention on Conflict of Laws Concerning the Adoption of Minors
Date of adoption: 24/5/1984 Entry into force: 26/5/1988
System of protection: Organization of American States
Inter-american Convention on Support Obligations
Date of adoption: 15/7/1989 Entry into force: 6/3/1996
System of protection: Organization of American States
European Convention on the Exercise of Children's Rights
Date of adoption: 25/1/1996 Entry into force: 1/7/2000
System of protection: Council of Europe
European Convention on the Legal Status of Children born out of Wedlock
Date of adoption: 15/10/1975 Entry into force: 11/8/1978
System of protection: Council of Europe
European Convention on the Adoption of Children
Date of adoption: 24/4/1967 Entry into force: 26/4/1968
System of protection: Council of Europe
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights: "Protocol of San Salvador"
Date of adoption: 17/11/1988 Entry into force: 16/11/1999
System of protection: Organization of American States
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
Date of adoption: 25/5/2000 Entry into force: 12/2/2002
System of protection: Universal
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Date of adoption: 25/5/2000 Entry into force: 18/1/2002
System of protection: Universal
Convention on the Rights of the Child
Date of adoption: 20/11/1989 Entry into force: 2/9/1990
System of protection: Universal
United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules")
Date of adoption: 29/10/1985 Entry into force: -
System of protection: Universal
     
General Instruments
The Cairo Declaration on Human Rights in Islam
Date of adoption: 5/8/1990 Entry into force: -
System of protection: Organization of the Islamic Conference
Proclamation of Teheran
Date of adoption: 13/5/1968 Entry into force: -
System of protection: Universal
Vienna Declaration and Programme of Action
Date of adoption: 25/6/1993 Entry into force: -
System of protection: Universal
European Social Charter
Date of adoption: 18/10/1961 Entry into force: 26/2/1965
System of protection: Council of Europe
European Social Charter (revised)
Date of adoption: 3/5/1996 Entry into force: 1/7/1999
System of protection: Council of Europe
American Convention on Human Rights (Pact of San Jose, Costa Rica)
Date of adoption: 22/11/1969 Entry into force: 18/7/1978
System of protection: Organization of American States
International Covenant on Civil and Political Rights (ICCPR)
Date of adoption: 16/12/1966 Entry into force: 23/3/1976
System of protection: Universal
Charter of Fundamental Rights of the European Union
Date of adoption: 7/12/2000 Entry into force: -
System of protection: European Union
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Date of adoption: 16/12/1966 Entry into force: 3/1/1976
System of protection: Universal
Universal Declaration of Human Rights (UDHR)
Date of adoption: 10/12/1948 Entry into force: -
System of protection: Universal
American Declaration of the Rights and Duties of Man
Date of adoption: 2/5/1948 Entry into force: -
System of protection: Organization of American States
     
Articles
La "construction" par le juge européen du droit au respect de la vie familiale
Frédéric SUDRE
Latest update: 28/05/2003 First published: 2002
Reference: Le droit au respect de la vie familiale au sens de la CEDH, Bruylant, 2002, pp. 11-59
In their concern of effectiveness and development of the rights guaranteed by the ECHR, the european judges have largely extended the concept of family life (art. 8 ECHR), maybe "sacrificing rigour for efficiency".
The Optional Protocols to the UN Convention on the Rights of the Child on Sex Trafficking and Child Soldiers
Cris REVAZ
Latest update: 30/12/2002 First published: 2001
Reference: Volume 9 Issue 1(2001) Human Rights Brief
The principal provisions of Sex Trafficking Protocol and Child Soldiers Protocol are analysed Article by Article.
Adoption internationale et respect de l'enfant
Isabelle COGLIATI
Latest update: 30/12/2002 First published: 1999
Reference: Les Cahiers Rémois, 1999, No. 1
Principles of assuring the respect for children's rights – Subsidiarity principle – Adoptability – Limits of international adoption – Trafficking – Relative universality of international adoption : Islamic exception.
The Convention on the Rights of the Child After Ten Years: Success or Failure?
Natasha CONCEPCION
Latest update: 30/10/2002 First published: 2000
Reference: Human Rights Brief, Volume 7, Issue 2 (Winter 2000)
Origins of the Convention - The Contents of the Convention - Success or Failure?
Child Soldiers : An Analysis of the Violations of the Rights of the Child
Rajeev PUROHIT
Latest update: 30/10/2002 First published: 1998
Reference: Human Rights Brief, Volume 5, Issue 2 (Winter 1998)
Societal Implication of Child Soldiers - Domestic Involvement - International Involvement - United States Resistance to the Optional Protocol.
Protocole facultatif à la Convention relative aux droits de l'enfant concernant l'implication d'enfants dans les conflits armés : quel progrès pour la protection des droits de l'enfant ?
Joël MERMET
Latest update: 28/10/2002 First published: 6/2002
Reference: Actualité et Droit International
The article speaks about the new legal instrument, the way it was adopted. Compares it with the existing law, analyses its positive side and weaknesses.
Working Toward a Global Discourse on Children's Rights: The Problem of Unaccompanied Children and the International Response to Their Plight
Chrystal GATES
Latest update: 09/08/2002 First published: 1999
Reference: 1999 Volume 7 Indiana Journal of Global Legal Studies
This paper examines the international community's response to the rise of children's rights and explores possible solutions to the problems of unaccompanied children.
The best of both worlds for children's rights? Interpreting the European Convention On Human Rights in the light of the UN Convention on the Rights of the Child
Ursula KILKENNY
Latest update: 09/08/2002 First published: 2001
Reference: HRQ, 2001, Volume 23, 2, p. 308
Evaluates the jurisprudence of the European Court of Human Rights in the context of the rights of the child.
     
Languages: Arabic English French Spanish
Country reports and the latest news releases, information on AI latest campaigns and appeals for action to help protect human rights. Section "Library": Research available by country / region / theme. Links to hundreds of human rights websites.
Languages: English
References to hundreds of reports, recent news and upcoming events, details of organisations working worldwide for children, NGO reports to the UN Committee on the Rights of the Child, and child rights issues. Email Listserve also available.
Languages: Arabic Chinese English French Portuguese Russian Spanish
The official site of Human Rights Watch - an independent NGO. News releases - Current events - Publications - Info by country - Campaigns - Issues -Reports - Links... Search engine. A very informative site.
Languages: Chinese English
The official site of an international non-governmental organization. Publications - Research reports - Reports on human rights conditions in China, Tibet, Hong Kong - Campaigns - Activities - News - Useful links...
Languages: English French Spanish
Documents - News - Instruments - Committee on the Rights of the Child - Sale of children, child prostitution and child pornography - Children and armed conflict - Child labour -The World Summit for Children ( New York, September 1990)
Languages: Arabic Chinese English French Russian Spanish
Press releases, publications and topical sections that are updated and changed frequently. The search engine can help to get through the large amount of information and resources.
Languages: English French
Website of the EFA movement - Much info about EFA and the Dakar Framework of Action - Assessments - Upcoming events - Reference materials.
     
Selected Case Law
The Society for the Protection of Unborn Children Ireland Ltd v Grogan and others
Date: 4/10/1991
Decision-making body: Court of Justice of the European Communities
Legal reference: ECJ, C 159/90
The Court, when requested to give a preliminary ruling, must provide the national court with all the elements of interpretation which are necessary in order to enable it to assess the compatibility of legislation with the fundamental rights.
Mikulic v. Croatia
Date: 7/2/2002
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 7 February 2002, no. 53176/99
paternity suit - potential father denies DNA tests - more than 5 year-long proceedings - reasonable-time requirement - violation of art.6 §1 - law provides no means to determine paternity - violation of art.8 - violation of art 13
Marckx v. Belgium
Date: 13/6/1979
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 13 June 1979, A-231, n° 00006833/74.
Single mother of a natural daughter - Affiliation has to be established by official recognition - Family bonds - Inheritance: limited patrimonial rights - Discrimination compared to a legitimate family - Violation of Arts. 8, 14, Art. 1 Prot. 1.
Darwinia Rosa Mónaco de Gallicchio and Ximena Vicario v. Argentina
Date: 27/4/1995
Decision-making body: Human Rights Committee
Legal reference: Communication No 400/1990 : Argentina. 27/04/95. CCPR/C/53/D/400/1990
Procedure of recognition of a minor - Violation of Article 24(1).
Sandra Fei v. Colombia
Date: 26/4/1995
Decision-making body: Human Rights Committee
Legal reference: Communication No 514/1992 : Colombia. 26/04/95. CCPR/C/53/D/514/1992
Failure to respect conditions of custody imposed by a judicial decision - Passivity of competent national authority - Violation of Articles 14(1) and 23(4) in conjunction with Article 17(1).
Manuel Balaguer Santacana v. Spain
Date: 29/7/1994
Decision-making body: Human Rights Committee
Legal reference: Communication No. 417/1990 : Spain. 29/07/94. CCPR/C/51/D/417/1990
Right of custody - Parents not married - Legislation allegedly discriminatory against the father of the child - No violation of Article 23 - Notion of family - No violation of Articles 24 and 26.
Wim Hendriks, Sr. v. The Netherlands
Date: 12/8/1988
Decision-making body: Human Rights Committee
Legal reference: Communication No. 201/1985 : Netherlands. 12/08/88. CCPR/C/33/D/201/1985
Exclusive custody awarded to the mother - Unilateral opposition by the mother to shared custody - No violation of Article 23 (1 and 4).
A.S. v. Canada
Date: 31/3/1981
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/12/D/68/1980
Rejection of request for permanent residence in Canada made by the adoptive family of a Polish citizen following a voluntary separation 17 years earlier by the adoptive mother and her daughter - No violation of Articles 12, 17, 23 & 26.
Villagran Morales et al. Case (No. 63)
Date: 19/11/1999
Decision-making body: Inter-American Court of Human Rights
Legal reference: Villagrán Morales et al., Decision and Judgement. IACHR Series C. N° 63. November 19, 1999. (See also Nos. 32, 77).
Execution of five minors ("street children") - Acts presumably committed by the police - Denial of justice - Violation of article 7 (Arbitrary detention), 4 (Life), 5 (Torture), 19 (Rights of the child), 8 and 25 (Judicial guarantees and protection).
Villagrán Morales et al. Case (No. 32)
Date: 11/9/1997
Decision-making body: Inter-American Court of Human Rights
Legal reference: Villagrán Morales et al., Preliminary Objections. IACHR Series C. N° 32. September 11, 1997. (See also Nos. 63, 77).
Execution of five minors ("street children") - Acts presumably committed by the police - Denial of justice - Violation of article 7 (Arbitrary detention), 4 (Life), 5 (Torture), 19 (Rights of the child), 8 and 25 (Judicial guarantees and protection).
     
Case Law Websites
Commonwealth Human Rights Case Law Database (The)
Languages: English
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions.
Council of Europe - Human Rights Web
Languages: English French
Search the case-law of the European Convention on Human Rights control bodies.
International Human Rights Law Database (The)
Languages: English
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database.
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos
Languages: Spanish
Directory of the case law of the Inter-American Court 1980 - 1997.
     
Reports
Human rights in the administration of justice, in particular of children and juveniles in detention
Secrétaire général de l'ONU / UN General Secretary Date: 11/2/2002
Reference: Distr. GENERAL, E/CN.4/2002/63, 11 February 2002
Source: United Nations Commission on Human Rights
A report session on practical measures for the implementation of the international standards in the field of human rights in the administration of justice, in particular regarding rebuilding and strengthening structures and capacities for the administration of justice in post-conflict situations, and in juvenile justice, as well as the role of technical assistance of the United Nations system in this regard.
Children's Rights
Human Rights Watch Date: 2002
Reference: World Report 2002
Source: Human Rights Watch
Annual Report by Human Rights Watch. Violations of the Right to Education - HIV/AIDS and Children's Rights - Child Soldiers - Children in the Justice System - Refugee and Migrant Children - Child Labor - The Role of the International Community.
Stamp out torture
Amnesty International Date: 26/2/2001
Reference: ACT /2001
Source: Amnesty International
6 AI reports on torture: Launch Report - Children's Report - Stopping the Torture Trade Report - Women's Report - Crimes of hate, conspiracy of silence torture and ill-treatment based on sexual identity - Racism and the administration of justice
For the Record 2001: The United Nations Human Rights System
Human Rights Internet Date: 2001
Reference: Human Rights Internet, 2001
Source: Human Rights Internet
FTR is an electronic annual report that provides summaries of relevant human rights information generated within the UN system. An important reference tool for those active in national and international social justice movements, the report also aids in simplifying the human rights work of the UN for the uninitiated, members of national legislative assemblies, journalists, students, teachers and the general public. Produced with the support of the Canadian Department of Foreign Affairs and International Trade since 1997, the report is organized thematically as well as by country and covers all relevant UN documentation over a full calendar year. These include: State reports prepared for the six human rights treaty bodies and the concluding observations of the experts who review those reports; documentation, resolutions and decisions by various UN system bodies.
For the Record 2001: The European Human Rights System
Human Rights Internet & Netherlands Institute of Human Rights / Internet des droits humains et l' Institut néerlandais des droits de l'homme Date: 2001
Reference: -
Source: Human Rights Internet & Netherlands Institute of Human Rights
A review of the major human rights developments in the European human rights system (within the Council of Europe). Organized thematically and by country. Focuses on developments in the scope of: European Convention on Human Rights; European Social Charter; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment and its protocols; Framework Convention for the Protection of National Minorities; and the European Commission against Racism and Intolerance. A major distinguishing feature of FTR Europe is that it contains summaries of human rights case law.
The Rights of the Child
HCDH / OHCHR Date: 15/10/1996
Reference: Fact Sheet No. 10 (Rev.1)
Source: Office of the United Nations High Commissioner for Human Rights
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva.
Harmful Traditional Practices Affecting
HCDH / OHCHR Date: inconnue
Reference: Fact Sheet No. 23
Source: Office of the United Nations High Commissioner for Human Rights
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva.
     
Books
The Convention on the Rights of the Child: International Law Support for Children
Glenn MOWER
Reference: Westport, CT, London, Greenwood Press, 1997
Languages: English
An examination of the background, text and potential significance of the Convention. Key principles and key human rights provisions - Implementation of the Convention's provisions - Prospects for the realization of the Convention's goal.
A Commentary on the United Nations Convention on the Rights of the Child
Sharon DETRICK
Reference: The Hague, Martinus Nijhoff Publishers, 1999
Languages:
An overview of the Convention - Commentary (Article by article, 1-41) - Concluding remarks - Appendices - Selected bibliography - Index.
Monitoring Children's Rights
Eugeen Verhellen Ed.
Reference: The Hague, Martinus Nijhoff Publishers, 1996
Languages: English
The reporting system: what should be reported and who should report? - Self-executing force of the Convention - International and national monitoring procedures - Regional and national implementation - Role of NGOs - Particular Childrens' rights...
Droits sociaux et droit européen : bilan et prospective de la protection normative
J.-F. Flauss Ed. - Jean-François FLAUSS
Reference: Bruxelles, Droit & Justice, Bruylant, 2002
Languages: French
In the Council of Europe and in the European Union, social rights are the object of a growing protection, both in quality and quantity. Questions raised : problems of coexistence and reciprocal influences - unicity of the standards of protection
Les mesures relatives aux étrangers à l'épreuve de la Convention européenne des droits de l'homme
P. Lambert, C. Pettiti Ed.
Reference: Bruxelles, Droit & Justice, Bruylant, 2003
Languages: French
Collected papers from a 2003 seminar dedicated to the European Court of Human Rights' case-law related to the various situations that non-national foreigners are confronted with (non admission, asylum, deportation, "double punishment").
     
Periodicals
Human Rights Tribune
Reference: Ottawa, Human Rights Internet
Contact: hri@hri.ca http://www.hri.ca/cftribune/
Languages: English
A tri-yearly publication of HRI (Human Rights Internet). Addresses all areas of human rights from a non-governmental perspective world-wide. Articles about important events - NGO reports - Analysis of the work of human rights organizations.
Revue trimestrielle des droits de l'homme
Reference: Bruxelles, Nemesis
Contact: vf@lambert.be http://www.revtrdrh.be
Languages: French
Specialized periodical. Articles on doctrine - Commentaries on the decisions of various courts - Extracts of new decisions - Bibliographies - News: conferences... Special issues.
     
Human Rights Actors
Aide Médicale Internationale à l'Enfance (AMIE)
http://www.amie.ca/ Type:NGO (Non-Governmental Organization)
Founded in 1969, AMIE is an organization working for the welfare of children worldwide.
Canadian Feed the Children ()
http://www.canadianfeedthechildren.ca/ Type:NGO (Non-Governmental Organization)
Organization for the healthy development of children.
Casa Alianza (CA)
http://www.casa-alianza.org Type:NGO (Non-Governmental Organization)
An independent, non profit organisation, dedicated to the rehabilitation and defense of street children in Guatemala, Honduras, Mexico and Nicaragua. It is the Latin American branch of the New York-based Covenant House. Founded in Guatemala in 1981.
Child Rights Centre ()
http://yu.cpd.org.yu Type:NGO (Non-Governmental Organization)
Non-political, non-profit and non-governmental organization. Its aim is the implementation of the Convention on the Rights of the Child in Federal Republic of Yugoslavia.
Child Rights Education-International (CRED-I)
http://www.childrightseducation.org/ Type:Research / Education
An international distance learning project created to make the highest levels of knowledge, expertise, and critical thinking available worldwide to promote the human rights of the child.
Child Rights Information Network (CRIN)
http://www.crin.org/ Type:Network
UK-based global network that disseminates information about the Convention on the Rights of the Child and child rights.
Childwatch International Research Network ()
http://www.childwatch.uio.no Type:Network
An international network aiming to initiate and coordinate research on children's development, children's living conditions and the implementation of children's rights, and to disseminate results and information from such projects.
Committe on the Administration of Justice (CAJ)
http://www.caj.org.uk/ Type:NGO (Non-Governmental Organization)
CAJ seeks to secure the highest standards in the administration of justice in Northern Ireland by ensuring that the government complies with its responsibilities in international human rights law.
Committee on the Rights of the Child (CRC)
http://www.unhchr.ch/html/menu2/isschild.htm Type:United Nations System
Mission: Monitoring the implementation of the Convention on the Rights of the Child.
Education International (EI)
http://www.ei-ie.org/ Type:NGO (Non-Governmental Organization)
A world-wide trade union organisation seeking to promote for all peoples in all nations peace, democracy, social justice and equality through the development of quality public education for all.
Elimu ()
http://http://www.elimu.org/ Type:Network
A network of independent citizens' groups in Africa, Asia and Latin America who are campaigning to ensure that all people have access to free, compulsory education of quality.
Enfance et développement à Madagascar (AMADEA)
http://www.amadea.org Type:NGO (Non-Governmental Organization)
NGO for the childhood, rural development and environmental protection in Madagascar.
Global Campaign for Education (GCE)
http://www.campaignforeducation.org/ Type:NGO (Non-Governmental Organization)
Promotes education as a basic human right, and mobilizes public pressure on governments and the International Community to fulfill their promises to provide free, compulsory public basic education for all people.
Human Rights Trust of Southern Africa (SAHRIT)
http://www.sahrit.org/ Type:NGO (Non-Governmental Organization)
Mainstreaming human rights within public institutions in the region, especially those charged with administering justice, enforcement of legal and human rights instruments, and promoting individual welfare. Special focus on child rights.
Inter-American Children's Institute (IIN)
http://www.iin.org.uy Type:International or Regional Organization
A specialized organization of the OAS in children issues, aims to protect the welfare of the region's children, having as a conceptual reference the Convention on the Rights of the Child. Juridical, social, health and education concerns.
International Movement against All forms of Discrimination and Racism (IMADR)
http://www.imadr.org/ Type:NGO (Non-Governmental Organization)
An international non-profit, human rights NGO devoted to eliminating all forms of discrimination around the world, forging international solidarity among discriminated minorities and advancing the international regime of human rights.
International Society for Human Rights (ISHR)
http://www.ishr.org/ Type:NGO (Non-Governmental Organization)
Represented in 24 countries by National Sections with 20,000 members altogether. It seeks to help those people who are in need and struggle non-violently for their rights. ICC - Human rights through force? - children's rights - religious freedom.
Jóvenes del Tercer Mundo ()
http://www.jovenesdeltercermundo.org Type:NGO (Non-Governmental Organization)
Spanish NGO for children and youth.
The Centre for Europe's Children (CEC)
http://eurochild.gla.ac.uk/ Type:Network
European document and information centre on children's welfare, policies and rights. On the site you can find full documents on children's rights and a link database with more than 500 websites.