Child rights hak hak anak untuk panduan lembaga bantuan hukum.ppt

Child rights hak hak anak untuk panduan lembaga bantuan hukum

1. Convention on the
Rights of the Child

2. Situation of children in the world
According to UNICEF:
•Globally, an estimated 12 million children under
the age of five die every year, mostly of easily
preventable causes.
•Some 130 million children in developing countries
are not in primary school and the majority of them
are girls.
•About 160 million children are severely or
moderately malnourished.

3. •Some 1.4 billion people lack access to safe water
and 2.7 billion lack adequate sanitation.
•Some States are moving toward increasingly
punitive systems of juvenile justice, with children
beaten and arbitrarily detained by police and
forced to share prisons with adults in inhumane
conditions.
•Many unwanted children languish in orphanages
and other institutions, denied education and
adequate health care. These children are often
physically abused.

4. •An estimated 250 million children are engaged in
some form of labour. There are few examples of
systematic actions to end child exploitation that
are sensitive to children's needs.
•Armed conflicts around the globe continue to
shorten and ruin the lives of millions of children.
Last year, about 300,000 children served as
soldiers in national armies. Many of these children
were killed or maimed in combat; and many
children were forced to kill and maim others.

5. CRC reflects a new vision of the child
•The UN General Assembly unanimously adopted
the Convention on the Rights of the Child on 20
November 1989
•The Convention is the first legally binding code of
child rights in history. It brings together in one
treaty all the relevant child rights issues, rather
than having them scattered among a number of
international treaties.

6. •192 countries had become State Parties to the
Convention. Only two countries Somalia and the
United States have not ratified the convention.
•Children are neither the property of their parents
nor are they mere recipients of charity.
•They are human beings and are the subject of their
own rights. The Convention offers a vision of the
child as an individual and a member of a family
and a community, with rights and responsibilities
appropriate to his or her age and stage of
development.

7. The views of children need to be respected and
taken into account when policies are shaped, actions
undertaken, and results assessed.
They are entitled to benefit from special protection
and assistance, to develop their personality, abilities
and talents to their fullest potential and to grow up in
an environment of happiness, love and understanding.
•It implies the creation of conditions in which
children can effectively enjoy their rights (i.e. to grow
up in a family environment, to be protected against
discrimination, neglect, abuse and exploitation, to
have a name and a nationality, to enjoy the highest
attainable standard of health).

8. The Convention on the Rights of the child
Definition of a child
•The Convention on the Rights of the Child defines as
children all human beings under the age of 18 (article
1).
Four general principles
Non-discrimination (article 2)
Best interests of the child (article 3)
Survival and development (article 6)
Respect for the views of the child and the right to
participation (article 12)

9. Four broad categories of rights
•Survival rights cover a child's right to life and the
needs that are most basic to existence; these
include an adequate living standard, shelter,
nutrition and access to medical services.
•Developmental rights include those things that
children require in order to reach their fullest
potential. Examples are the right to education,
play and leisure, cultural activities, access to
information, and freedom of thought, conscience
and religion.

10. •Protection rights require that children be
safeguarded against all forms of abuse, neglect
and exploitation. They cover issues such as special
care for refugee children, torture, abuses in the
criminal justice system, involvement in armed
conflict, child labour, drug abuse and sexual
exploitation.
•Participation rights allow children to take an
active role in their communities and nations.
These encompass the freedom to express
opinions, to have a say in matters affecting their
own lives, to join associations and to assemble
peacefully.

11. Eight thematic areas
1. general measures of implementation (articles 4, 42 and 44
para. 6)
2. definition of the child (article 1)
3. general principles (articles 2, 3, 6, 12)
4. civil rights and freedoms (articles 7, 8, 13, 14, 15, 16, 17, 37
a)
5. family environment and alternative care (articles 5, 9, 10,
11, 18, 19, 20, 21, 25, 27 para. 4, 39)
6. basic health and welfare (articles 6, 23, 24, 26, 27 paras. 1
to 3)
7. education, leisure and culture activities (articles 28, 29, 31)
8. special protection measures (22, 30, 32, 33, 34, 35, 36, 37,
38, 39, 40).

12. Obligations of the state
Article 4
States Parties shall undertake all appropriate
legislative, administrative and other measures for
the implementation of the rights recognized in the
present Convention. With regard to economic, social
and cultural rights, States Parties shall undertake such
measures to the maximum extent of their available
resources and, where needed, within the framework of
international co-operation.

13. In its reviews, the Committee on the Rights of the
Child urges all levels of government to:
•Develop a comprehensive national agenda.
•Develop permanent bodies or mechanisms to
promote coordination, monitoring and evaluation
of activities throughout all sectors of government.
•Ensure that all legislation is fully compatible with
the Convention by incorporating it into
domestic law or ensuring that its principles take
precedence in cases of conflict with national
legislation.
•Make children visible in policy development
processes throughout government by introducing
child impact assessments.

14. •Analyse government spending to determine the
portion of public funds spent on children and to
ensure that these resources are being used
effectively.
•Ensure that sufficient data are collected and
used to improve the situation of all children in
each jurisdiction.
•Raise awareness and disseminate information
on the Convention by providing training to all
those involved in government policy-making and
working with or for children.

15. •Involve civil society – including children
themselves – in the process of implementing and
raising awareness of child rights.
•Set up independent statutory offices –
ombudspersons, commissions or other institutions
– to promote and protect children's rights.

16. Who monitors implementation of the
Convention?
In accordance with article 43 of the Convention.
Governments that ratify the Convention must submit
regular, detailed reports on the national situation of
children's rights to the Committee on the Rights of the
Child for examination.
Each government that is party to the Convention on
the Rights of the Child must make its first report
within two years of ratification, followed by regular
reports every five years thereafter.

17. Instead, the reporting process is intended as a tool for
policy development and planning and for promoting
respect for child rights. Governments are urged to
involve all sectors of society in the preparation of
reports.
The Convention also establishes an obligation in
article 44 paragraph 6 for States Parties to make their
reports widely available to the public in their own
countries.

18. NGOs also play a major role in raising public
awareness about the Convention on the Rights of the
Child and its goals. The Convention acknowledges
these contributions by specifically inviting NGO
participation in the reporting and monitoring process.
Article 45 assigns UNICEF a legal obligation to
promote and protect child rights by supporting the
work of the Committee on the Rights of the Child.

19. Optional protocols of the Convention
Two Optional Protocols to the Convention on the
Rights of the Child were adopted by the United
Nations General Assembly on 25 May 2000. They are:
- Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed
conflict
- Optional Protocol to the Convention on the Rights of
the Child on the sale of children, child prostitution and
child pornography

20. Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed
conflict raises from 15 to 18 years the age at which
participation in armed conflicts will be permitted and
establishes a ban on compulsory recruitment below 18
years.
The Optional Protocol to the Convention on the Rights
of the Child on the sale of children, child prostitution
and child pornography gives special emphasis to the
criminalization of serious violations of children's
rights - namely sale of children, illegal adoption, child
prostitution and pornography.

21. An illustration: Right to Education
Education is a right.
Education is also an enabling right, a right that
facilitates children and adults access many of
their other rights throughout their lifetimes.

22. Article 28
1. States Parties recognize the right of the child to
education and with a view to achieving this right
progressively and on the basis of equal opportunity,
they shall, in particular:
(a) Make primary education compulsory and available
free to all;
(b) Encourage the development of different forms of
secondary education, including general and vocational
education, make them available and accessible to
every child and take appropriate measures such as the
introduction of free education and offering financial
assistance in case of need;

23. (c) Make higher education accessible to all on the
basis of capacity by every appropriate means;
(d) Make educational and vocational information and
guidance available and accessible to all children;
(e) Take measures to encourage regular attendance at
schools and the reduction of drop-out rates.

24. 2. States Parties shall take all appropriate measures to
ensure that school discipline is administered in a
manner consistent with the child's human dignity and
in conformity with the present Convention.
3. States Parties shall promote and encourage
international cooperation in matters relating to
education, in particular with a view to contributing to
the elimination of ignorance and illiteracy throughout
the world and facilitating access to scientific and
technical knowledge and modern teaching methods. In
this regard, particular account shall be taken of the
needs of developing countries.

25. Article 29
1. States Parties agree that the education of the child
shall be directed to:
(a) The development of the child's personality, talents
and mental and physical abilities to their fullest
potential;
(b) The development of respect for human rights and
fundamental freedoms, and for the principles
enshrined in the Charter of the United Nations;

26. (c) The development of respect for the child's parents,
his or her own cultural identity, language and values,
for the national values of the country in which the
child is living, the country from which he or she may
originate, and for civilizations different from his or her
own;
(d) The preparation of the child for responsible life in
a free society, in the spirit of understanding, peace,
tolerance, equality of sexes, and friendship among all
peoples, ethnic, national and religious groups and
persons of indigenous origin;
(e) The development of respect for the natural
environment.