What instruments are there in the Inter-American system for protecting and promoting children and young people's rights?
There is no single treaty that deals specifically with children’s rights in the Inter-American System. However, other instruments can be invoked to report violations of children’s rights and to seek reparations for these.
Which other instruments can be invoked to protect and promote children’s rights in the Inter-American system?
- American Convention on Human Rights - Articles 5, 17, 19 (signatures and current status of ratifications to American Convention on Human Rights)
- American Declaration on Human Rights - Articles 7, 30, 31;
- Additional Protocol to the American Convention on Human Rights - Articles 7, 13, 15 and 16;
- Protocol to the American Convention on Human Rights to Abolish the Death Penalty;
- Inter-American Convention to Prevent and Punish Torture;
- Inter-American Convention on Forced Disappearance of Persons;
- Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women - Articles 8 and 9;
- Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities.
The Inter-American Court has, in addition, issued an advisory opinion about "The Legal Status and Human Rights of the Child" (2002).
More information about these instruments is available from the Center for Justice and International Law (CEJIL).
What does the American Convention say about children’s rights?
Article 19 of the American Convention stresses that children have the right to special protection from the State, but it is not specific about what rights children are entitled to or how these should be upheld.
The United Nations Convention on the Rights of the Child (UNCRC) spells out in more detail what rights children are entitled to and how these should be guaranteed.
The Additional Protocol to the American Convention adds that every child has the right to grow up under parental protection and may be separated from his/her mother only in exceptional circumstances. It also enshrines that right of every child to primary education.
Can individual violations of children’s rights be reported to the Inter-American System?
Yes, the American Convention includes provisions for reporting individual cases in which children’s rights have been breached. Such cases have helped to establish precedents for protecting children’s rights in many countries in the region, and States have been ordered to pay compensation to the victims and make other kinds of reparations in addition to changing their legislation. Read more about the Inter-American Court's work.
Is there someone appointed to focus specifically on issues relating to children’s rights at the Inter-American Commission?
A Rapporteurship on Children’s Rights was created in 1998 in response to pressure from NGOs.
What are the duties of the Rapporteur on Children’s Rights?
The Rapporteur carries out studies on issues of concern relating to children’s rights in the region, undertakes in-country visits, prepares specific chapters on children’s rights for country and annual reports, and examines individual violations of children’s rights.
The Rapporteur’s office has published a major report urging governments in the Americas to ban corporal punishment in all settings, and a second on juvenile justice.