The United Nations Convention on the Rights of the Child, is an international human rights treaty which sets out the rights of children who are under 18 years of age.
As set out below, the United Nations Convention on the Rights of the Child serves to provide a framework to ensure the rights of all children internationally, including for children living in Australia.
Amongst the signatories to the Convention are other Commonwealth countries such as Canada, New Zealand, and the United Kingdom. Some other notable countries to ratify the United Nations Convention on The Rights of The Child are China, Finland, Germany, India, Israel, Japan, South Africa, Switzerland, and Thailand.
The United States of America has failed to ratify the United Nations Convention on The Rights of The Child into law.
What Rights Does the United Nations Convention on The Rights of The Child Give Children?
The United Nations Convention on The Rights of The Child contains numerous ‘articles’ which confirms the rights that all children universally enjoy regardless of where they are born or their circumstances, as well as several obligations for ‘state actors’ (such as Courts and Government departments) when they are dealing with children.
The most prevalent of the United Nations Convention on The Rights of The Child articles with respect to the laws governing Children in Australia are as follows: –
- All children enjoy the rights set out in the United Nations Convention on The Rights of The Child without any discrimination regardless of their race, circumstance, ability, or any other consideration. Effectively, all children enjoy the same universal rights regardless of their race, whether they are poor or rich, or whether they are naturally gifted or developmentally challenged (Article 2.1);
- In any action or decision made about a child by a Court or the Government for example, the decision must be made with the best interest of the child being the paramount consideration (for example, even if the course of action is not agreed to by the child’s parents) (Article 3.1);
- Children have the right to preserve their national and cultural identity without interference (unless such interference is necessary). This includes enjoying the right to their name and family relations (Article 8.1);
- Children are not to be separated from their parents against their will, expect when an authority such as a Court determines this should happen in accordance with the laws of the land. This type of determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents (Article 9.1);
- Even if a child lives in a different state/country to one of their parents, the child will be entitled to “maintain on a regular basis, save in exceptional circumstances, personal relations and direct contacts with both parents” (Article 10.2);
- When a child can form and express their own views, they must be allowed the opportunity to express those views in one form or another. For example, in Australia, the appointment of an Independent Children’s Lawyer will facilitate the child expressing their views (Article 12.1 & 12.2);
- Children must be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse whilst in the care of their carer (Article 19.1);
- Children have the right to an education, with primary education to be compulsory and free to all children (Article 28);
- Where a child is from a minority group, a child belonging to such a minority or who is indigenous, shall not be denied the right to enjoy their own culture, to practise their own religion, or to use their own language (Article 30).
When formulating the above, the Preamble to the United Nations Convention on The Rights of The Child confirms that the countries that signed the agreement all agreed that:
- The family is a fundamental part of society, and should be given the necessary protections to ensure its functioning in society;
- A child should grow up in a family environment with happiness, love, and understanding;
- Children who suffer a physical or mental disability need special safeguards and care.
In an ever evolving and unpredictable world, which is more and more subject to rapid and significant change, the United Nations Convention on The Rights of The Child provides a fundamental set of rights for the most vulnerable members of society. It does, and should always, be at the forefront of lawmakers to ensure that children, and all of our futures, are protected.