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18-Jan-2020 20:38

In the international context, “[t]he growth of children’s rights in international and transnational law has been identified as a striking change in the post-war legal landscape.”[1] The purpose of this overview is to describe some of the provisions of certain major international legal instruments on children’s rights that form part of that landscape. The Preamble notes that children need “special safeguards and care, including appropriate legal protection, before as well as after birth,” reiterates the 1924 Declaration’s pledge that “mankind owes to the child the best it has to give,” and specifically calls upon voluntary organizations and local authorities to strive for the observance of children’s rights.[3] One of the key principles in the DRC is that a child is to enjoy “special protection” as well as “opportunities and facilities, by law and by other means,” for healthy and normal physical, mental, moral, spiritual, and social development “in conditions of freedom and dignity.” The “paramount consideration” in enacting laws for this purpose is “the best interests of the child,”[4] a standard echoed throughout legal instruments on children’s rights.

Among other DRC principles, a child is entitled to a name and nationality; to adequate nutrition, housing, recreation, and medical services; to an education; and, for the handicapped, to “special treatment, education and care.”[5] Other principles are on protection against neglect, cruelty and exploitation, trafficking, underage labor, and discrimination.

States Parties must specify a minimum age for admission to employment or work, subject to certain exceptions set forth in the MAC. For an online text, [56] The Worst Forms of Child Labour Convention, in a Preamble and 16 articles, was adopted by the General Conference of the International Labour Organisation on June 17, 1999, and entered into force on November 19, 2000.

That minimum may not be less than the age of completion of compulsory schooling and, in any case, less than fifteen years, but it may initially be set at fourteen years if a state’s economy and educational facilities are insufficiently developed (article 2). act=conventions.text&cid=24 (last visited July 26, 2007) (unofficial source).

Thus, each State Party is to “pursue a national policy designed to ensure the effective abolition of child labor and to raise progressively the minimum age for admission to employment to a level consistent with the fullest physical and mental development of young persons” (article 1).

Key accomplishments of the CRC have been described as five-fold.



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