Convention on the Rights of the Child

2017-04-19T19:14:55Z

2602:306:BD29:DB40:E4B7:BC73:49EC:996E: instances of "his or hers" changed to "theirs", both to shorten/simplify and to be inclusive to nonbinary gender identities

{{Use dmy dates|date=September 2016}}
{{Use American English|date=December 2016}}
{{Infobox treaty
| name = Convention on the Rights of the Child
| long_name =
| image = Convention_on_the_Rights_of_the_Child.svg
| image_width = 270
| caption = {{legend|#00aa00|Parties to the convention}}
{{legend|#926ec6|Only signed, but not ratified}}
{{legend|#ff9911|Non-signatory}}
| type =
| date_drafted =
| date_signed = 20 November 1989<ref name=untreaty/>
| location_signed = New York City<ref name=untreaty/>
| date_sealed =
| date_effective = 2 September 1990<ref name=untreaty/>
| condition_effective = 20 ratifications<ref name=article49>[http://www.unhchr.ch/html/menu3/b/k2crc.htm Article 49]. ([[WP:LINKROT|Deadlink]])</ref>
| date_expiration =
| signatories = 140<ref name=untreaty/>
| parties = 196<ref name=untreaty/> <small>(all eligible states except the [[United States]])</small>
| depositor = [[Secretary-General of the United Nations|UN Secretary-General]]<ref name=article47>[http://www.unhchr.ch/html/menu3/b/k2crc.htm Article 47].</ref>
| languages = Arabic, Chinese, English, French, Russian, Spanish<ref name=untreaty/>
| website =
| wikisource = UN Convention on the Rights of the Child
}}
{{Youth rights sidebar}}

The [[United Nations]] '''Convention on the Rights of the Child''' (commonly abbreviated as the '''CRC''' or '''UNCRC''') is a [[international human rights instruments|human rights treaty]] which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the [[age of majority]] is attained earlier under national legislation.<ref>{{cite web |title=Convention on the Rights of the Child |url= http://www.ohchr.org/en/professionalinterest/pages/crc.aspx |publisher=Office of the High Commissioner for Human Rights}}</ref>

Nations that ratify this convention are bound to it by [[international law]]. Compliance is monitored by the UN [[Committee on the Rights of the Child]], which is composed of members from countries around the world. Once a year, the Committee submits a report to the Third Committee of the [[United Nations General Assembly]], which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child.<ref name=CRIN/>

Governments of countries that have ratified the Convention are required to report to, and appear before, the United Nations Committee on the Rights of the Child periodically to be examined on their progress with regards to the advancement of the implementation of the Convention and the status of child rights in their country. Their reports and the committee's written views and concerns are available on the committee's website.

The UN General Assembly adopted the Convention and opened it for signature on 20 November 1989 (the 30th anniversary of its [[Declaration of the Rights of the Child]]).<ref name="UN_ARES4425">{{UN document |docid=A-RES-44-25 |type=Resolution |body=General Assembly |session=44 |resolution_number=25 |accessdate=22 August 2008|title=Convention on the Rights of the Child|date=20 November 1989}}</ref> It came into force on 2 September 1990, after it was ratified by the required number of nations. Currently, 196 countries are party to it,<ref name=untreaty>United Nations Treaty Collection. ''[http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en Convention on the Rights of the Child] {{webarchive |url=https://web.archive.org/web/20140211151110/http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en |date=11 February 2014 }}''. Retrieved 2 October 2015.</ref> including every member of the United Nations except the [[United States]].<ref name=CRIN>Child Rights Information Network (2008). [https://www.crin.org/en/home/rights/convention ''Convention on the Rights of the Child'']. Retrieved 26 November 2008.</ref><ref name=amnesty>Amnesty International USA (2007). [http://www.amnestyusa.org/children/crn_faq.html ''Convention on the Rights of the Child: Frequently Asked Questions'']. Retrieved 26 November 2008.</ref><ref>{{cite web|url=http://www.unhcr.org/uk/4d9474b49.pdf|title=UN convention on the rights of the child|last=|first=|date=|website=|publisher=|access-date=|accessdate=16 September 2016}}</ref>

Two [[#Optional protocols|optional protocols]] were adopted on 25 May 2000. The [[Optional Protocol on the Involvement of Children in Armed Conflict|First Optional Protocol]] restricts the involvement of children in military conflicts, and the [[Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography|Second Optional Protocol]] prohibits the sale of children, [[Prostitution of children|child prostitution]] and [[child pornography]]. Both protocols have been ratified by more than 160 states.<ref name=Protocol1/><ref name=Protocol2/>

A third [[#Optional protocols|optional protocol]] relating to communication of complaints was adopted in December 2011 and opened for signature on 28 February 2012. It came into effect on 14 April 2014.<ref name=Protocol3/>

==Contents==
The Convention deals with the child-specific needs and rights. It requires that the "nations that ratify this convention are bound to it by international law". Ratifying states must act in the [[best interests]] of the child.
In all jurisdictions implementing the Convention requires compliance with [[child custody]] and guardianship laws as that every child has basic rights, including the [[right to life]], to their own name and identity, to be raised by their [[parent]]s within a family or cultural grouping, and to have a [[Interpersonal relationship|relationship]] with both parents, even if they are [[Legal separation|separated]].

The Convention obliges states to allow parents to exercise their parental responsibilities. The Convention also acknowledges that children have the right to express their opinions and to have those opinions heard and acted upon when appropriate, to be protected from abuse or [[Exploitation of labour|exploitation]], and to have their [[privacy]] protected, and it requires that their lives not be subject to excessive interference.

The Convention also obliges signatory states to provide separate legal representation for a child in any judicial dispute concerning their care and asks that the child's viewpoint be heard in such cases.

The Convention forbids [[capital punishment]] for children. In its General Comment 8 (2006) the Committee on the Rights of the Child stated that there was an "obligation of all state parties to move quickly to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children".<ref>[http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/6545c032cb57bff5c12571fc002e834d/$FILE/G0740771.pdf General Comment 8], Committee on the Rights of the Child.</ref> Article 19 of the Convention states that state parties must "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence",<ref>[[s:UN Convention on the Rights of the Child#Article 19|Article 19, Convention on the Rights of the Child]].</ref> but it makes no reference to [[corporal punishment]]. The Committee's interpretation of this section to encompass a prohibition on corporal punishment has been rejected by several state parties to the Convention, including Australia,<ref>{{cite news
| title = Aussie parents to defy UN smacking ban
| first = Linda
| last = Simalis
| url = http://www.heraldsun.com.au/news/national/aussie-parents-to-defy-un-smacking-ban/story-e6frf7l6-1225843384853?from=public_rss
| newspaper = The Sunday Telegraph
| location = Sydney
| date = 21 March 2010
}}</ref> Canada and the United Kingdom.

The [[European Court of Human Rights]] has referred to the Convention when interpreting the [[European Convention on Human Rights]].<ref>Sutherland, Elaine E. (2003). "Can International Conventions Drive Domestic Law Reform? The Case of Physical Punishment of Children" in Dewar J., Parker S. (eds.) ''Family law: processes, practices, pressures: proceedings of the Tenth World Conference of the International Society of Family Law'', July 2000, Brisbane, Australia. Oxford: Hart, p. 488. ISBN 978-1-84113-308-9</ref>

===Global standards and cultural relativism===
Global human rights standards were challenged at the [[World Conference on Human Rights]] in Vienna (1993) when a number of governments (prominently China, Indonesia, Malaysia and Iran) raised serious objections to the idea of [[universality (philosophy)|universal]] human rights.<ref name="White 1999">{{cite journal|last1=White|first1=Ben|title=DEFINING THE INTOLERABLE: Child work, global standards and cultural relativism|journal=Childhood|date=1999|volume=6|issue=1|pages=133–144|accessdate=}}</ref> There are unresolved tensions between "universalistic" and "relativistic" approaches in the establishment of standards and strategies designed to prevent or overcome the abuse of children's capacity to work.<ref name="White 1999"/>

===Child marriage and slavery===
Some scholars link slavery and slavery-like practices for many child marriages.<ref name="Turner 2013">{{cite journal|last1=Turner|first1=Catherine|title=Out of the Shadows: Child Marriage and Slavery|date=2013|url=http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=3944&context=globaldocs|accessdate=13 September 2016}}</ref> Child marriage as slavery is not directly addressed by the Convention on the Rights of the Child.

==States party and signatories==
Currently 196 countries are parties to the treaty (some with stated reservations or interpretations). This includes every member of the United Nations (except the [[United States]]), plus the [[Cook Islands]], [[Niue]], the [[State of Palestine]], and the [[Holy See]].<ref name=CRIN/><ref name=amnesty/> The United States has not ratified it.<ref name=UND>{{cite web|url=http://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_no=iv-11&chapter=4&lang=en |title=UNTC |publisher= |deadurl=yes |archiveurl=https://web.archive.org/web/20140211151110/https://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_no=iv-11&chapter=4&lang=en |archivedate=11 February 2014 |df=dmy }}</ref> [[Somalia]]'s domestic ratification finished in January 2015 and the instrument was deposited with the United Nations in October 2015.<ref name="Gosrucotrotc">{{cite web|title=Joint statement on Somalia's ratification of the Convention on the Rights of the Child|url=http://www.unicef.org/media/media_85718.html|publisher=UNICEF|accessdate=2 October 2015}}</ref>

All successor states of Czechoslovakia and Yugoslavia (Bosnia and Herzegovina, Croatia, Czech Republic, Macedonia, Montenegro, Serbia, Slovenia, and Slovakia) made declarations of succession to the treaty and currently apply it.<ref name=UND/>

The convention does not apply in the territories of [[Akrotiri and Dhekelia]], [[Gibraltar]], [[Guernsey]] and [[Tokelau]].<ref name=UND/>

=== Canada ===
Canada became a signatory to the Convention on 28 May 1990<ref>{{cite web|url=http://www.nationmaster.com/graph/peo_rig_of_the_chi_con_sig-people-rights-child-convention-signatories|title=Countries Compared by People > Rights of the Child Convention > Signatories. International Statistics at NationMaster.com|publisher=}}</ref> and ratified in 1991.<ref>http://www.phac-aspc.gc.ca/ncd-jne/bck-info-un-eng.php</ref> Youth criminal laws in Canada underwent major changes resulting in the [[Youth Criminal Justice Act]] (YCJA) which went into effect on 1 April 2003. The Act specifically references Canada's different commitments under the Convention. The convention was influential in the [[administrative Law]] decision of ''[[Baker v Canada (Minister of Citizenship and Immigration)]]''.

=== India ===
India ratified UNCRC on 11 December 1992, agreeing in principles all articles except with certain reservations on issues relating to child labor.<ref>{{cite web|last1=United Nations Treaty Collections|title=11 . Convention on the Rights of the Child|url=https://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_no=iv-11&chapter=4&lang=en#EndDec|website=treaties.un.org|publisher=UN|accessdate=30 April 2015}}</ref> In India there is law that children under the age of 18 should not work, but there is no outright ban on child labor, and the practice is generally permitted in most industries except those deemed "hazardous".<ref>{{Cite web|title = UNTC|url = https://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_no=iv-11&chapter=4&lang=en|website = treaties.un.org|accessdate = 27 November 2015}}</ref> Although a law in October 2006 banned child labor in hotels, restaurants, and as domestic servants, there continues to be high demand for children as hired help in the home. Current estimates as to the number of child laborers in the country range from the government's conservative estimate of 4 million children under 14 years of age<ref>{{Cite web|url=http://labour.gov.in/upload/uploadfiles/files/Divisions/childlabour/Census-2001%262011.pdf |title=Census Data on Child Labour |date= |accessdate=27 November 2015 |website= |publisher=Ministry of Labour & Employment, GoI |last= |first= |deadurl=yes |archiveurl=https://web.archive.org/web/20160304080857/http://labour.gov.in/upload/uploadfiles/files/Divisions/childlabour/Census-2001&2011.pdf |archivedate=4 March 2016 |df=dmy }}</ref> to the much higher estimates of children's rights activists, which hover around 60 million.{{citation needed|reason=This is a factual statement, could we link to a reputable source|date=November 2015}} Little is being done to address the problem since the economy is booming and the nuclear family is spreading, thereby increasing demand for child laborers. In India many people are still suffering from non-nutritious food, many parents are still leaving their children on riverside, in trains etc. Under the auspices of the [[Unicef]] financed [[Odisha]] initiative the [[Government of India]] is specifying the outline of a means of change and improvement in child care, and many trusts such as childLine, Plan India and savethechildren too are taking efforts to outdate child labor from India.<ref>{{cite news |last=Gentleman |first=Amelia |date=18 February 2007 |url=https://www.nytimes.com/2007/02/18/world/asia/18iht-india.4637103.html |title=Children's domestic labor resists India's legal efforts |publisher= The New York Times}}</ref> A few of the organisations who work with children's rights in India are Plan India, CRY (Child Rights and You), Save the Children, Bal Vikas Dhara-New Delhi, Bachpan Bachao Andolan, CHORD-Hyderabad.

===Iran===
{{see also|The Rights of the Child in Iran}}
Iran has adhered to the convention (except for alleged child slavery)<ref name="Bokhair & Kelley 2010">{{cite journal|last1=Bokhary|first1=F.|last2=Kelly|first2=Emma|title=Child Rights, Culture and Exploitation: UK Experiences of Child Trafficking|journal=Child Slavery Now|date=2010|volume=2010|pages=145–159.|url=https://books.google.com/books?hl=en&lr=&id=ErAg1aN29hsC&oi=fnd&pg=PA145&dq=iran+child+slavery&ots=n8PBKgY8qN&sig=a7DGfaOXMIhbSI2tJrhVPJUIca4|accessdate=13 September 2016}}</ref> since 1991 and ratified it in the [[Parliament of Iran|Parliament]] in 1994. Upon ratification, Iran made the following reservation: "If the text of the Convention is or becomes incompatible with the domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it."<ref>{{cite web |title= Children's Rights: Iran |date=4 April 2011 |publisher= Library of Congress |url= http://www.loc.gov/law/help/child-rights/iran.php |accessdate=28 May 2012}}</ref> Iran has also signed the both optional protocols which relate to the special protection of children against involvement in armed conflict and the sale of children and sexual exploitation.<ref name="UNICEF IRAN">{{cite press release |title= Children's Rights is Everyone's Responsibility, says UNICEF Iran Representative on CRC Anniversary |date=20 November 2010 |publisher= UNICEF |url= http://www.unicef.org/iran/media_6303.html |accessdate= 28 May 2012}}</ref>

Although Iran is a state party to the Convention, international human rights organisations<ref>{{cite web |url= http://www.fidh.org/IMG/pdf/Rapport_Iran_final.pdf |publisher=International Federation of Human Rights |title= Report on the death penalty in Iran |date=April 2009}}</ref><ref>{{cite press release |url= https://www.hrw.org/en/news/2009/05/01/iran-secret-execution-juvenile-offender |publisher=Human Rights Watch |title=Reaction to the execution of Delera Darabi |date=May 2009}}</ref> and foreign governments<ref>[https://web.archive.org/web/20090619154621/http://www.diplomatie.gouv.fr/fr/pays-zones-geo_833/iran_420/droits-homme-iran_14359/peine-mort_18316/execution-par-pendaison-une-jeune-iranienne-23-ans-01.05.09_72615.html French reaction to the execution of Delera Darabi, May 2009] {{Link language|fr}}; [https://web.archive.org/web/20110716060626/http://www.eu2009.cz/cz/news-and-documents/cfsp-statements/*kopie-1:-eu-presidency-statement-on-the-execution-of-delara-darabi-by-stoning--19876/ European Union's reaction to the execution of Delera Darabi, May 2009].</ref> routinely denounced executions of Iranian child offenders as a violation of the treaty. But on 10 February 2012, Iran's parliament changed the controversial law of executing juveniles. In the new law, the age of 18 (solar year) would be for both genders considered the cut-off for adulthood and offenders under this age will be sentenced under a separate law.<ref name="iranwpd.com">{{cite web|title=Iran changes law for execution of juveniles|url=http://iranwpd.com/index.php?option=com_k2&view=item&id=3066:iran-changes-law-for-execution-of-juveniles&Itemid=64|website=Iran Independent News Service|archiveurl=https://web.archive.org/web/20120211072623/http://iranwpd.com/index.php?option=com_k2&view=item&id=3066:iran-changes-law-for-execution-of-juveniles&Itemid=64|archivedate=11 February 2012|date=10 February 2012}}</ref><ref>{{cite web|title=Death penalty for people under 18 is prohibited|url=http://www.ghanoononline.ir/NSite/FullStory/News/?Serv=19&Id=16270|website=Ghanoon Online (in Persian)|archiveurl=https://web.archive.org/web/20120213111337/http://www.ghanoononline.ir/NSite/FullStory/News/?Serv=19&Id=16270|archivedate=13 February 2012|date=13 February 2012}}</ref> Based on the previous Islamic law, which was revised, girls at the age of 9 and boys at 15 (lunar year, 11 days shorter than a solar year) were fully responsible for their crimes.<ref name="iranwpd.com"/>

"According to Islamic sources, the criterion for criminal responsibility is reaching the age of maturity which, according to the Shi'ite School of the IRI, is 9 lunar years (8 years and 9 months) for girls and 15 lunar years (14 years and 7 months) for boys."<ref name="Nayyeri 2012">{{cite journal|last1=Nayyeri|first1=Mohammad Hossein|title=New Islamic Penal Code of the Islamic Republic of Iran: An Overview|journal=University of Essex: Research Paper Series|date=2012|accessdate=}}</ref>

===Ireland===
Ireland signed the Convention on the Rights of the Child on 30 September 1990 and ratified it, without reservation, on 28 September 1992.<ref>[http://www.childrensrights.ie/convention.php Children's Rights Alliance website].</ref> In response to criticisms expressed in the 1998 review by the UN Committee on the Rights of the Child in Geneva, the Irish government established the office of Ombudsman for Children and drew up a national children's strategy. In 2006, following concerns expressed by the committee that the wording of the Irish Constitution does not allow the State to intervene in cases of abuse other than in very exceptional cases, the Irish government undertook to amend the constitution to make a more explicit commitment to children's rights.<ref>O'Brien, Carl (28 September 2006). "UN to seek changes in Constitution in support of children". ''Irish Times'' (Dublin).</ref>

===Israel===
Israel ratified the Convention in 1991. In 2010, UNICEF criticized Israel for its failure to create a government-appointed commission on children's rights or to adopt a national children's rights strategy or program in order to implement various Israeli laws addressing children's rights. The report criticizes Israel for holding that the Convention does not apply in the West Bank and for defining as Palestinians under the age of 16 in the occupied territories as children, even though Israeli law defines a child as being under 18, in line with the Convention. A contemporaneous report by the [[Organization for Economic Cooperation and Development]] found that Israel's investment in children is below the international average and the actual investment had fallen between 1995 and 2006.<ref>Or Kashti (21 November 2010). [http://www.haaretz.com/print-edition/news/unicef-israel-negligent-in-guarding-children-s-rights-1.325790 "UNICEF: Israel negligent in guarding children's rights]". ''[[Haaretz]]'' (Tel Aviv).</ref> In 2012, the United Nations [[Committee on the Rights of the Child]] criticized Israel for its bombing attacks on Palestinians in the [[Gaza Strip]], stating, "Destruction of homes and damage to schools, streets and other public facilities gravely affect children" and called them "gross violations of the Convention on the Rights of the Child, its Optional Protocol on the involvement of children in armed conflict and international humanitarian law". It also criticized Palestinian rocket attacks from Gaza on southern Israel which traumatized Israeli children, calling on all parties to protect children.<ref>[http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12818&LangID=E Children suffering devastating and lasting impact of Gaza crisis, says UN Committee on the Rights of the Child], [[United Nations Commission on Human Rights]], 22 November 2012.</ref>

===New Zealand===
New Zealand ratified the Convention on 6 April 1993 with reservations concerning the right to distinguish between persons according to the nature of their authority to be in New Zealand, the need for legislative action on economic exploitation—which it argued was adequately protected by existing law, and the provisions for the separation of juvenile offenders from adult offenders.<ref name="treaties.un.org">[https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en United Nations Treaty Collection].</ref>

In 1994, the [[Court of Appeal of New Zealand]] dismissed the suggestion that the Minister for Immigration and his department were at liberty to ignore the convention, arguing that this would imply that the country's adherence was "at least partly window-dressing".<ref>''Tavita v Minister of Immigration'', 17 December 1993 [1994] 2 NZLR 257 at 265, cited in Ferdinandusse, Ward N., ''Direct Application of International Criminal Law in National Courts'', Cambridge University Press, 2006, p. 161. ISBN 978-90-6704-207-9</ref>

The [[Children's Commissioner Act 2003]] enhanced the office of [[Children's Commissioner (New Zealand)|Children's Commissioner]], giving it significantly stronger investigative powers.<ref>{{cite web |url= http://www.legislation.govt.nz/act/public/2003/0121/latest/whole.html |title=Children's Commissioner Act 2003 No 121 (as at 29 November 2007), Public Act – New Zealand Legislation|work=legislation.govt.nz |year=2011 |quote=Children's Commissioner Act 2003 |accessdate=12 October 2011}}</ref>

In May 2007, New Zealand passed the [[Crimes (Substituted Section 59) Amendment Act 2007]], which removed the defence of "reasonable force" for the purpose of correction. In its third and final vote, Parliament voted 113 to eight in favour of the legislation.<ref>{{cite web |url=http://tvnz.co.nz/politics-news/timeline-anti-smacking-legislation-2936192 |title=Timeline: Anti-smacking legislation |publisher=TVNZ |accessdate=11 March 2010}}</ref>

===Saudi Arabia===
Saudi Arabia ratified the Convention in 1996, with a reservation "with respect to all such articles as are in conflict with the provisions of Islamic law"<ref name="untreaty"/> which is the national law. The Committee on the Rights of the Child, which reviewed Saudi Arabia's treatment of children under the Convention in January 2005, strongly condemned the government for its practice of imposing the death penalty on juveniles, calling it "a serious violation of the fundamental rights". The committee said it was "deeply alarmed" over the discretionary power judges hold to treat juveniles as adults: In its 2004 report the Saudi Arabian government had stated that it "never imposes capital punishment on persons ... below the age of 18". The government delegation later acknowledged that a judge could impose the death penalty whenever he decided that the convicted person had reached his or her majority, regardless of the person's actual age at the time of the crime or at the time of the scheduled execution.<ref>[http://hrw.org/english/docs/2006/01/29/saudia12546.htm ''Saudi Arabia: Follow U.N. Call to End Juvenile Death Penalty''], Human Rights Watch, 28 January 2006.</ref>

=== United Kingdom ===
The United Kingdom ratified the Convention on 16 December 1991, with several declarations and reservations,<ref>Frost, Nick, ''Child Welfare: Major Themes in Health and Social Welfare'', Taylor and Francis, 2004, p. 175; Routledge, 2005, ISBN 978-0-415-31257-8</ref> and made its first report to the Committee on the Rights of the Child in January 1995. Concerns raised by the Committee included the growth in child poverty and inequality, the extent of violence towards children, the use of custody for young offenders, the low age of criminal responsibility, and the lack of opportunities for children and young people to express views.<ref>Davies, Martin, ''The Blackwell Encyclopaedia of Social Work'', Blackwell, 2000, p. 354. ISBN 978-0-631-21451-9</ref> The 2002 report of the Committee expressed similar concerns, including the welfare of children in custody, unequal treatment of asylum seekers, and the negative impact of poverty on children's rights. In September 2008, the UK government decided to withdraw its reservations and agree to the Convention in these respects.<ref>{{cite news |url= http://news.bbc.co.uk/1/hi/uk_politics/7624450.stm |title=UK to sign UN children convention |accessdate=19 September 2008 |work=BBC News |date=19 September 2008}}</ref><ref>Easton, Mark (19 September 2008). [http://www.bbc.co.uk/blogs/thereporters/markeaston/2008/09/uk_to_give_up_child_rights_opt.html "UK to give up child rights opt-outs"]. ''BBC reporters blog''.</ref>

The 2002 report's criticism of the legal defence of "reasonable chastisement" of children by parents, which the Committee described as "a serious violation of the dignity of the child",<ref>Harvey, Colin J., ''Human Rights in the Community: Rights As Agents For Change'', Oxford: Hart, 2005, p. 234. ISBN 978-1-84113-446-8</ref> was rejected by the UK Government. The Minister for Children, Young People and Families commented that while fewer parents are using smacking as a form of discipline, the majority said they would not support a ban.<ref>Hughes, Beverley, Minister for Children, Young People and Families, [http://www.dcsf.gov.uk/pns/DisplayPN.cgi?pn_id=2008_0224 "Article defending the Government's position on smacking"], press release, 8 October 2008.</ref>

In evidence to the Parliamentary [[Joint Committee on Human Rights]], the Committee was criticised by the Family Education Trust for "adopting radical interpretations of the UN Convention on the Rights of the Child in its pursuit of an agenda".<ref>[http://www.publications.parliament.uk/pa/jt200203/jtselect/jtrights/96/96a04.htm Evidence to the Joint Committee on Human Rights], UK Parliament, 12 May 2003.</ref> The Joint Committee's report recommended that "the time has come for the Government to act upon the recommendations of the UN Committee on the Rights of the Child concerning the corporal punishment of children and the incompatibility of the defence of reasonable chastisement with its obligations under the Convention."<ref>House of Lords and House of Commons Joint Committee on Human Rights, [http://www.publications.parliament.uk/pa/jt200203/jtselect/jtrights/117/117.pdf The UN Convention on the Rights of the Child], Tenth Report of Session 2002–03, page 55.</ref> The UK Government responded that "the use of physical punishment is a matter for individual parents to decide".<ref>[http://www.publications.parliament.uk/pa/jt200506/jtselect/jtrights/104/104.pdf "Government Responses to Reports from the Committee"], Session 2005-06, paras. 82, 85, 86: HL 104, HC 850.</ref>

Although child slavery is difficult to gauge within the UK, child slaves are imported into the UK and sold.<ref name="Bokhair & Kelley 2010"/>

=== United States ===
{{main article|US ratification of the Convention on the Rights of the Child}}
The United States government played an active role in the drafting of the Convention and signed it on 16 February 1995, but has not ratified it. It has been claimed that American opposition to the Convention stems primarily from political and religious conservatives.<ref>Smolin, David M. [http://www.law.emory.edu/cms/site/fileadmin/journals/eilr/v20n1/SmolinCROP.pdf "Overcoming Religious Objections to the Convention on the Rights of the Child"], ''Emory International Law Review'', vol.20, p. 83.</ref> For example, [[The Heritage Foundation]] sees "a civil society in which moral authority is exercised by religious congregations, family, and other private associations is fundamental to the American order".<ref>[http://www.heritage.org/Research/WorldwideFreedom/bg1965.cfm "Human Rights and Social Issues at the U.N.: A Guide for U.S. Policymakers"], ''Heritage Foundation''</ref> and the [[Home School Legal Defense Association]] (HSLDA) argues that the CRC threatens [[homeschooling]].<ref>{{cite web|url=http://www.hslda.org/docs/hshb/89/hshb8902.asp|title=HSLDA.org|publisher=}}</ref>

The United States had permitted the execution and [[life imprisonment]] of juvenile offenders, in contravention of the Article 37 of the Convention.<ref name=untreaty/> In 2005, a [[Roper v. Simmons|Supreme Court decision]] declared [[juvenile execution]]s to be unconstitutional as "[[cruel and unusual punishment]]";<ref>US Supreme Court: ''[[Roper v. Simmons]]'', No. 03-633: 1 March 2005</ref><ref>{{cite web|url=https://www.hrw.org/press/2002/05/unchildrenqa0502.htm|title=Questions and Answers on the UN Special Session on Children (Human Rights Watch, May 2, 2002)|publisher=hrw.org}}</ref><ref>{{cite web|url=http://hrw.org/english/docs/2005/03/01/usdom10231_txt.htm|title=U.S.: Supreme Court Ends Child Executions (Human Rights Watch, March 1, 2005)|publisher=}}</ref> in 2012, [[Miller v. Alabama|the Court held]] that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders.<ref>[[Miller v. Alabama]] certiori to the Court of Criminal Appeals of Alabama, No. 10-9646 (Argued 20 March 2012 - Decided 25 June 2012)</ref>

State laws regarding the practice of [[closed adoption]] may also require overhaul in light of the Convention's position that children have a right to identity from birth.

During his 2008 campaign for President, Senator [[Barack Obama]] described the failure to ratify the Convention as "embarrassing" and promised to review the issue<ref>[http://debate.waldenu.edu/video/question-12/#content Walden University Presidential Youth Debate], October 2008.</ref><ref>{{cite web|url=http://www.crin.org/resources/infoDetail.asp?ID=18874&flag=news;|title=Child Rights Information Network|publisher=}}</ref> but he never did. No [[President of the United States]] has submitted the treaty to the [[United States Senate]] requesting its advice and consent to ratification since the US signed it in 1995<ref>Podgers, "The Last Holdout," ABA Journal at 84 (March 2016)</ref>

The United States has ratified two of the [[#Optional protocols|optional protocols]] to the Convention,<ref name=Protocol1/><ref name=Protocol2/> the Optional Protocol on the Involvement of Children in Armed Conflict, and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

==Optional protocols==
Two optional protocols were adopted by the UN General Assembly. The first, the [[Optional Protocol on the Involvement of Children in Armed Conflict]] requires parties to ensure that children under the age of 18 are not recruited compulsorily into their armed forces, and calls on governments to do everything feasible to ensure that members of their armed forces who are under 18 years do not take part in hostilities.<ref>{{cite journal|last1=Yun|first1=Seira|title=Breaking Imaginary Barriers: Obligations of Armed Non-State Actors Under General Human Rights Law – The Case of the Optional Protocol to the Convention on the Rights of the Child|journal=Journal of International Humanitarian Legal Studies|date=2014|volume=5|issue=1-2|pages=213–257|ssrn=2556825|accessdate=}}</ref> This protocol entered into force on 12 July 2002.<ref name=Protocol1>United Nations Treaty Collection: [http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11-b&chapter=4&lang=en Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict]. Retrieved on 20 October 2010.</ref> As of {{date}}, 162 states are party to the protocol and another 14 states have signed but not ratified it.<ref name=Protocol1/>

The second, the [[Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography]], requires parties to prohibit the sale of children, [[Prostitution of children|child prostitution]] and [[child pornography]]. It entered into force on 18 January 2002.<ref name=Protocol2>United Nations Treaty Collection: [http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11-c&chapter=4&lang=en Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography]. Retrieved on 20 October 2010.</ref> As of {{date}}, 171 states are party to the protocol and another 9 states have signed but not ratified it.<ref name=Protocol2 />

A third, the [[Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure]], which would allow children or their representatives to file individual complaints for violation of the rights of children, was adopted in December 2011<ref name=Protocol3Announce>{{cite web|url=http://www.un.org/apps/news/story.asp?NewsID=40802&Cr=children&Cr1=|title=UN rights chief welcomes new measure to stop violence against children|date=20 December 2011|work=UN News Service Section}}</ref> and opened for signature on 28 February 2012. The protocol currently has 50 signatures and 25 ratifications: it entered into force on 14 April 2014 following the tenth ratification three months beforehand.<ref name=Protocol3>{{cite web|url=http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11-d&chapter=4&lang=en |title=UNTC |publisher= |deadurl=yes |archiveurl=https://web.archive.org/web/20120825214748/http://treaties.un.org:80/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11-d&chapter=4&lang=en |archivedate=25 August 2012 |df=dmy }}</ref>

==See also==
* [[Adultcentrism]]
* [[Cartoons for Children's Rights]]
* [[Child advocacy]]
* [[Child custody]]
* [[Child labor]]
* [[Child laundering]]
* [[Child survival revolution]]
* [[Children's rights]]
* [[Children's Rights Education]]
* [[Children's rights movement]]
* [[CRY America]]
* [[Declaration of the Rights of the Child]]
* [[Evolving capacities]]
* [[Execution of Rizana Nafeek]]
* [[iRights Framework]]
* [[Intergenerational equity]]
* [[International child abduction]]
* [[International Play Association]]
* [[Save the Children]]
* [[Stop Child Executions]]
* [[Student voice]]
* [[Youth voice]]
* [[Worst Forms of Child Labour Convention, 1999]]

==References==
{{reflist|30em}}

== External links ==
{{Wikisource|UN Convention on the Rights of the Child}}
* {{cite web |url=http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx |title=Text of the UN Convention on the Rights of the Child|last1=United Nations General Assembly|date=20 November 1989 |work=ohchr.org|publisher=UN Office of the High Commissioner for Human Rights |accessdate=20 January 2015}}
* [https://web.archive.org/web/20140211151110/https://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_no=iv-11&chapter=4&lang=en Signatures and ratifications], at depositary
* [http://www.unicef.org/crc/ UNICEF web site]
* [http://legal.un.org/avl/ha/crc/crc.html Procedural history, related documents and photos] on the ''Convention on the Rights of the Child (with protocols)'' in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law]
* [http://www.crin.org/docs/resources/treaties/crc.25/annex-vi-crin.asp NGO Alternative Reports] submitted to the Committee on the Rights of the Child.
* [http://www.leader-values.com/Content/detail.asp?ContentDetailID=794 Biography of Eglantyne Jebb, author of the original Declaration]
* [http://familyrights.us/UNCRC/ Website critic against CRC]
* [http://childrensrightsportal.org/convention/ Section related to the CRC on the Children's Rights Portal]
*[http://www.everychild.ca/ "everychild.ca"] Child Rights Public Awareness Campaign of British Columbia, Canada. Resources include links and publications related to the Convention on the Rights of the Child.

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Convention on the Rights of the Child