The Rights of the Child in the International Community
The
“Rights of the Child” has been a concern for the international community for
many years.
The United Nations formed after World War 2 were among the first to recognize that "mankind owes to the child the best that it has to give".
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In 1924, the Declaration of Geneva was formed. 1948 saw the refinement of values stated in the Declaration of Geneva and resulted in the Declaration of the Rights of the Child. In the 1959 General Assembly of the United Nations, the Assembly adopted 10 articles into the Declaration of Rights of the Child. However,
it was only in 1989 that the
drafting of the Convention
on the Rights of the Child was undertaken and put into treaty form with 54
articles in 3 parts. |
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To
date, only the USA and Somalia out of 193 countries in the United Nations did
not ractify the Convention. |
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In 1996,
Singapore
acceded to 3 UN conventions including the Convention on Rights of the Child
with some reservations. |
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India
was also one of the countries that ractified the Convention. |
|
The United States is an interesting study as although they have not acceded to the Convention, they have their own constitution that states the Rights of Children in the country. |
A Great Link on Children's Rights:
1924 Declaration of Geneva
“By
the present declaration of the Rights of the Child, commonly known as the
‘Declaration of Geneva’, men and women of all nations, recognizing that
mankind owes to the child the best that it has to give, declare and accept it as
their duty, beyond and above all considerations of race, nationality or creed:
1. The child must be given the means needed for its
normal development, both materially and spiritually
2. The child that is hungry should be fed; the child
that is sick should be helped; the erring child should be reclaimed; and the
orphan and the homeless child should be sheltered and succored
3. The child must be first to receive relief in times
of distress
4. The child must be put in a position to earn a
livelihood and must be protected against every form of exploitation
5.
The child must be brought up in the
consciousness that its best qualities are to be used in the service of its
fellow men”
1948 Declaration of the Rights of the Child
By
the present Declaration of the Rights of the Child, commonly known as the
Declaration of Geneva, men and women of all nations, recognizing that Mankind
owes the Child the best that it has to give, declare and accept it as their duty
to meet this obligation in all respects:
I.
THE CHILD must be protected beyond and above all
considerations of race, nationality or creed.
II.
THE CHILD must be cared for with due respect for the
family as an entity
III.
THE CHILD must be given means requisite for its normal
development, materially, morally and spiritually
IV.
THE CHILD that is hungry must be fed; the child tat is sick must be nursed; the
child that is physically or mentally handicapped must be helped; the maladjusted
child must be re-educated; the orphan and waif must be sheltered an succored.
V. THE CHILD must be the first to receive relief in times of
distress
VI.
THE CHILD must enjoy the full benefits provided by social welfare and
social security schemes; the child must receive a training which will enable it,
at the right time, to earn a livelihood, and must be protected against every
form of exploitation
VII.
THE CHILD must be brought up in the
consciousness that its talents must be devoted to the service of its fellowmen
1959 Declaration of the Rights of the Child
THE
GENERAL ASSEMBLY OF THE UNITED NATIONS ON 20 DECEMBER 1959 (Resolution 1386
(XIV)
PREAMBLE
Whereas
the peoples of the United Nations have, in the Charter, reaffirmed their faith
in fundamental human rights and in the dignity and worth of the human person,
and have determined to promote social progress and better standards of life in
larger freedom,
Whereas
the United Nations has, in the Universal Declaration of Human Rights, proclaimed
that everyone is entitled to all the rights and freedoms set forth therein,
without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status,
Whereas
the child, by reason of his physical and mental immaturity, needs special
safeguards and care, including appropriate legal protection, before as well as
after birth,
Whereas
the need for such special safeguards has been stated in the Geneva Declaration
of the Rights of the Child of 1924, and recognized in the Universal Declaration
of Human Rights and in the statutes of specialized agencies and international
organizations concerned with the welfare of children,
Whereas
mankind owes to the child the best it has to give, Now therefore, The General Assembly
Proclaims
this Declaration of the Rights of the Child to the end that he may have a happy
childhood and enjoy for his own good and for the good of society the rights and
freedoms herein set forth, and calls upon parents, upon men and women as
individuals, and upon voluntary organizations, local authorities and national
Governments to recognize these rights and strive for their observance by
legislative and other measures progressively taken in accordance with the
following principles:
Article I
The
child shall enjoy all the rights set forth in this Declaration. Every child,
without any exception whatsoever, shall be entitled to these rights, without
distinction or discrimination on account of race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth
or other status, whether of himself or of his family.
Article 2
The
child shall enjoy special protection, and shall be given opportunities and
facilities, by law and by other means, to enable him to develop physically,
mentally, morally, spiritually and socially in a healthy and normal manner and
in conditions of freedom and dignity. In the enactment of laws for this purpose,
the best interests of the child shall be the paramount consideration.
Article 3
The
child shall be entitled from his birth to a name and a nationality.
Article 4
The
child shall enjoy the benefits of social security. He shall be entitled to grow
and develop in health, to this end, special care and protection shall be
provided both to him and to his mother, including adequate prenatal and
post-natal care. The child shall have the right to adequate nutrition, housing,
recreation and medical services.
Article 5
The
child who is physically, mentally or socially handicapped shall be given the
special treatment, education and care required by his particular condition.
Article 6
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, a child of tender years shall not,
save in exceptional circumstances, be separated from his mother. Society and the
public authorities shall have the duty to extend particular care to children
without a family and to those without adequate means of support. Payment of
State and other assistance towards the maintenance of children of large families
is desirable.
Article 7
The
child is entitled to receive education, which shall be free and compulsory, at
least in the elementary stages. He shall be given an education which will
promote his general culture and enable him, on a basis of equal opportunity, to
develop his abilities, his individual judgment, and his sense of moral and
social responsibility, and to become a useful member of society. The best
interests of the child shall be the guiding principle of those responsible for
his education and guidance; that responsibility lies in the first place with his
parents.
The
child shall have full opportunity for play and recreation, which should be
directed to the same purposes, as education; society and the public authorities
shall endeavor to promote the enjoyment of this right
Article 8
The child shall in all circumstances be among the first to receive
protection and relief.
Article 9
The
child shall be protected against all forms of neglect, cruelty and exploitation
He shall not be the subject of traffic, in any form.
The
child shall not be admitted to employment before an appropriate minimum age; he
shall in no case be caused or permitted to engage in any occupation or
employment which would prejudice his health or education, or interfere with Ins
physical, mental or moral development
Article
10
The child shall be protected from practices which may foster racial, religious and any other form of discrimination. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full consciousness that his energy and talents should be devoted to the service of his fellow men
Singapore’s
Declarations and Reservations
to the UN Convention
Declarations
(i)
Singapore considers that a child’s right as defined in Articles 12 to
17 of the Convention shall (in accordance with Articles 3 and 5 ),be exercised
with respect for the authority of parents, schools and other persons entrusted
with the care of the child and in the best interests of the child and in
accordance with the customs, values and religions of Singapore’s multiracial
and multi-religious society regarding the place of the child within and outside
the family
(ii)
Singapore considers that Art 19 and 37 of the convention do not prohibit:
(a)
the application of any prevailing measures prescribed law for the
maintenance of law and order
(b)
measures and restrictions prescribed by law that are necessary for
national security public safety, public order, public health or the protection
of the rights and freedoms of others; or
(c)
the judicious application of corporal punishment in the best interests of
the child.
Reservations
(iii)
The Singapore Constitution and laws provide
adequate protection and fundamental rights and liberties in the best interests
of the child Singapore ‘s accession does not imply any further obligations
beyond the limits of the Constitution.
(iv)
Singapore reserves laws concerning the right
of entry, stay and departure, and the acquisition and possession of citizenship.
(v)
Employment laws prohibiting children under 12
years of age from working and giving special protection to those between 12 and
16, are reserved against Article 32 of the Convention.
(vi)
With respect to Article 28(1)(a) of the
Convention, Singapore does not consider itself bound to provide free primary
education and reserves the right to provide free primary education only to
children who are citizens.