BRAZIL: Implementation of the UN Convention on the Rights of the Child

Summary: This report analyses Brazil's compliance with certain sections of the Convention on the Rights of the Child.

CRIN would very much like to thank the law firm of Skadden, Arps, Slate, Meagher & Flom for initially compiling the report and to further to thank Natália Suzuki and Anna Lívia Arida from the Comissão Teotônio Vilela de Direitos Humanos for sharing their expertise on children's rights in Brazil.

For any treaty or convention to become enforceable under the Brazilian Federal Constitution (see Article 49, I), it must be signed by the Brazilian government and undergo the same legislative process as would any other law. The Convention on the Rights of the Child underwent this process, which involved signature, approval by the Brazilian Congress, and formal ratification by the President on September 24, 1990. Following ratification, the Convention became part of Brazilian legislation in the form of a Decree and has the full status of a law except where it conflicts with the Brazilian Constitution.

Nevertheless, Brazil still faces the challenges of a developing country when it comes to assuring the enforcement of children's rights, including those listed in the CRC. Many children still live in extreme poverty with no access to shelter, health or education, which leaves them vulnerable to violence and exploitation. Although Brazil is party to many important conventions and international treaties on children's rights, what is guaranteed by law is not yet a reality for most children in the country.

Owner: Flavia Azevedopdf: http://www.crin.org/docs/Brazil CRC Report.doc

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