What is the International Convention on the Rights of the Child (ICRC)?

Young Sri Lankan women on a computer course
The International Convention on the Rights of the Childcommonly known as CIDEis a treaty adopted by the United Nations on 20 November 1989. It is the first legally binding international instrument devoted exclusively to the protecting children's rights. Recognising children as bearers of specific rights, the CRC aims to guarantee their full development, protection and active participation in society.

Today, the CRC is a fundamental tool for reminding States of their obligations and influencing public policy in favour of children's rights.

History and development of the CRC

The children's rights first appeared in the 19th century, when the first laws protecting children from exploitation were passed. However, it was in 1924 that the children's rights movement reached a decisive turning point with the adoption of the Geneva Declaration on the Rights of the Child. Although succinct, with its initial five articles, this declaration laid the foundations by specifically recognising the needs and rights of children.

It was not until 1978, in the run-up to the International Year of the Rights of the Child, that children's rights returned to the top of the international agenda. That year, Poland submitted a proposal to the United Nations for the creation of a convention dedicated to children's rights, a proposal that launched a series of international discussions and negotiations. Lengthy discussions culminated in the adoption of the CRC in 1989The Convention on the Rights of the Child marked a major step forward in the international recognition of children's rights. It came into force on 2 September 1990, following rapid ratification by a sufficient number of countries, and differs from previous texts in that it is legally binding.

The process that led to the CRC was inspired and influenced by the work of Janusz Korczak, the Polish educator and physician, who argued for the rights of children to be respected as individuals in their own right.

The guiding principles of the CRC

The International Convention on the Rights of the Child is structured around four guiding principles designed to protect and promote children's rights around the world. 

  • Non-discrimination (Article 2) : The CRC stipulates that all rights must be applied to all children without exception or discrimination. This applies to all children, whatever their origin, socio-economic situation, disability, nationality or gender.
  • Best interests of the child (Article 3) : This principle obliges all institutions, including courts, administrative authorities and legislative bodies, to ensure that all decisions taken affecting a child contribute to his or her well-being and harmonious development.
  • Right to life, survival and development (Article 6) : The CRC recognises the intrinsic right of every child to life and imposes an obligation on States to ensure, as far as possible, the survival and development of the child. This covers physical as well as mental, emotional, cultural and social development.
  • Participation (Article 12) : Finally, the principle of respect for the views of the child gives children the right to be heard in all matters affecting them, in accordance with their age and maturity. This principle encourages children's active participation in their own protection and promotion, by recognising their capacity to express their own views and to participate in decisions that affect them.

In addition to these principles, the CRC lists 54 articles corresponding to specific rights, including :

  • The right to education Ensure access to free and compulsory education for all children.
  • The right to health : Guaranteeing access to the necessary health services and disease prevention.
  • Protection against violence Protect children from all forms of abuse, neglect and exploitation.

To strengthen the CRC, three optional protocols were adopted in 2000 and 2011, enabling States parties to make further commitments:

  1. On the involvement of children in armed conflict,
  2. On the sale of children, child prostitution and child pornography,
  3. On a communication procedure enabling children to submit complaints about violations of their rights.

Application and monitoring of the CRC

At international level, the United Nations Committee on the Rights of the Child United plays a crucial role in monitoring and evaluating the application of the CRC by the States that have ratified it. The Committee meets three times a year in Geneva to examine the periodic reports that each State must submit on average every five years. These reports detail the progress made and the obstacles encountered in implementing children's rights. On the basis of these reports, the Committee provides recommendations and guidelines to States to improve their compliance with the Convention.

In Europe, the European Union Agency for Fundamental Rights (FRA) advises the EU institutions and Member States to ensure the effectiveness of fundamental rights, including children's rights. In addition, the European Parliament's Children's Rights Intergroup ensures that children's rights are integrated into all European policies.

In France, the Human Rights Defender, supported by the Children's Ombudsmanis responsible for defending and promoting children's rights. Since its creation in 2000, this independent institution has acted as a mediator between individuals and institutions, while monitoring the compliance of national practices with the CRC.

Thus, effective implementation of the CRC also requires close collaboration between governments, non-governmental organisations such as the World Bank and the European Commission. the Action Education associationeducational institutions and local communities. This collaboration mobilises a range of resources and expertise, and ensures that children's rights are promoted and protected in an inclusive manner.

Impact of the CRC on education and protection policies

The International Convention on the Rights of the Child (CRC) has had a profound influence on national legislation and policies in a number of countries, guiding a global trend towards better protection and promotion of children's rights.

The infant mortality has been significantly reduced in many parts of the world thanks to improved public health practices influenced by the CRC standards. However, significant challenges remain, exacerbated by recent crises such as the COVID-19 pandemic, which highlighted and often exacerbated existing inequalities, disrupting access to education and essential health services for many children.

The CRC also strengthened the protecting children in the context of migration and armed conflict. Countries affected by these crises have been encouraged to put in place specific measures to protect children from exploitation and violence.

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