Overview and implementation of the UN Convention on the Rights of the Child


The effects of the implementation of an international human-rights treaty are not readily measured. To attribute causality to a single convention, or even to a series of actions triggered by the application of that convention, is difficult. Despite the challenges inherent to this type of enquiry, the UNICEF Innocenti Research Centre has undertaken a 3-year study on the implementation of the UN Convention on the Rights of the Child (CRC) (panel). Our preliminary findings, to be published in full at the end of this year, show that a considerable process of social change has been set in motion.

The study, which encompasses 62 countries from all parts of the world, is largely based on the reports of States Parties to the CRC Committee and the Committee’s concluding comments on them. It addresses the general measures of implementation of the Convention, which include law reform; establishment of national independent human-rights institutions for children, national plans of action, and coordinating bodies; allocation of resources for children; monitoring mechanisms on implementation of the Convention; awareness raising and advocacy; and measurement of the involvement of civil society, including children, in the realisation of children’s rights. The measures are complementary and are a sign of the indivisibility of children’s rights. For this reason, the study addresses them individually and looks at the interaction between them.

Our preliminary findings indicate that law reform is the general measure to which the greatest attention has been paid by State Parties. In at least 50 of the countries studied, the Convention has been incorporated into the national legal framework by legislative reform, including constitutional amendment. Many countries, especially in Latin America, have adopted comprehensive codes on the rights of children. Law reform has occurred in a wide range of areas, including the right to health, an area that takes in vaccination, breastfeeding, and the care of children with disabilities and those affected by environmental disasters.

The establishment of national independent humanrights institutions for children has also accelerated since the entry into force of the CRC. Although Norway and Sweden had ombudspersons for children before the Convention, there are now at least 60 such institutions, in 38 countries worldwide, acting as catalysts for the realisation of children’s rights.

Development of effective coordinating mechanisms to promote concerted effort by relevant government bodies has been an important challenge. Our findings indicate that greater coordination is needed both across ministries and between levels of government. National plans have been developed, but they do not often reflect the multidimensional reality of the CRC and are generally not integrated with budgetary decisions.

Research on the general measure of resource allocation is ongoing. Tracking of public spending in support of specific groups of people is difficult, whether the aim is to assess how much they benefit from general spending or whether earmarked spending on these groups is an efficient way to reach them. The traditional approach of many international organisations has been to compare levels of resource allocation in support of social  services across or within countries. One option is to assess whether legislation in support of a specific group is sufficiently resourced and whether administrative systems allow funds to reach all intended beneficiaries.

We are exploring the strengths and weaknesses of these and other approaches in our study. Systematic data collection and monitoring systems are essential to effective implementation. Some countries have strengthened existing child data collection systems, including on emerging areas. Health monitoring systems have at times been expanded—eg, to cover prevalence of female genital mutilation, child abuse, and health of vulnerable children placed in residential care. Challenges identified by the study include the need for more resources and for agreed indicators, including in areas such as child protection.

All of the countries we have reviewed have undertaken activities to promote awareness of the CRC through education and capacity building of professional groups and through campaigns on public-health issues such as HIV/AIDS and female genital mutilation.

Finally, our study documents how the CRC has stimulated participation of civil society in its implementation. The findings indicate that paediatricians, doctors, nurses, and midwives are some of the professional groups active in this area. Child participation is another dimension addressed within the context of this general measure. Both thinking and practice with respect to child participation have evolved considerably over the past 15 years, as discussed in the next essay in this Essay Focus series. Indeed, during the past 5 years, there has been increased emphasis placed on the quality of child participation among the non-governmental organisations most actively involved in this area. The International Save the Children’s Alliance is a good example of leadership by a non-governmental organisation in child participation.

To conclude, although the Convention on the Rights of the Child is not the sole cause of the developments discussed, there are clear indications that State authorities and civil society have responded positively to the obligations and challenges contained in this treaty, with a positive effect on the rights of children, including their right to health. Much more, however, still needs to be done to understand the complex processes of  implementation of the Convention. One key area for future research is the tangible effect of the initiatives documented by our study on the lives of children. This challenge is one to which we plan to respond during the next phase of our work.

 

Reprinted from THE LANCET, Vol. number 367, February 25, 2006, pp. 689-690, with permission from Elsevier.

Owner: Marta Santos Pais, Susan Bissellpdf: http://www.crin.org/docs/Lancet_CRC_implementation_innocenti.pdf

Organisation: 

Countries

    Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.