Implementation Handbook For The Convention On …

1 Implementation HANDBOOKFOR THE Convention ON THERIGHTS OF THE CHILDS ince its adoption, in 1989, the Convention on the rights of the Child has achieved almost universal ratification. The Implementation Handbook is a practical tool for all those involved in implementing the principles and provisions of the Convention and realizing the human rights of each article of the Convention , the Handbook records and analyzes the interpretation by the Committee on the rights of the Child, the internationally-elected body of independent experts established to monitor progress worldwide. The Handbook adds analysis of relevant provisions in other international instruments, comments from other United Nations bodies and global conferences, and in appendices, the full text of the most relevant instruments.

2 Throughout, the Handbook emphasizes the Convention s holistic approach to children s rights : that they are indivisible and interrelated, and that equal importance should be attached to each and every right recognized $ 978-92-806-4183-7 Sales No. HANDBOOKFOR THE Convention ON THERIGHTS OF THE CHILDIMPLEMENTATION Handbook FOR THE Convention ON THE rights OF THE CHILDFULLY REVISED THIRD EDITION WITH CD-ROMFULLY REVISED THIRD EDITIONFULLY REVISED THIRD EDITIONIMPLEMENTATION HANDBOOKFOR THE Convention ON THERIGHTS OF THE CHILDFULLY REVISED THIRD EDITIONFor orders from Europe, Middle East and AfricaUnited Nations Publications - Sales Office and BookshopCH-1211 Geneva 10, SwitzerlandTel: +41 (22) 917-2614 Fax: +41 (22) 917-0027E-mail: orders from North America, Latin America and the Caribbean, and Asia and the PacificUnited Nations PublicationsRoom DC2-0853, Dept.

3 1004 - New York, NY 10017 Tel: (800) 253-9646, (212) 963-8302 Fax: (212) 963-3489E-mail: Printed on chlorine-free paper by Atar Roto Presse, Geneva, Switzerland United Nations Children s Fund 2007 The material in this Handbook has been commissioned by the United Nations Children s Fund (UNICEF). The contents do not necessarily refl ect the policies or the views of UNICEF. The designations employed and the presentation of the material in this Handbook do not imply on the part of UNICEF the expression of any opinion whatsoever concerning the legal status of any country or territory, or of its authorities or the delimitation of its frontiers. Any part of this Handbook may be freely reproduced with the appropriate acknowledgement.

4 Permission to translate all or any part of this Handbook should be obtained through the UNICEF Regional Offi ce for Europe, Palais des Nations, 1211 Geneva 10, 978-92-806-4183-7 Sales #: Regional Office for Europe Palais des Nations 1211 Geneva 10, Switzerland original, first printing, January 1998 Second printing, June 1998 Third printing, December 2000 Fully revised second edition, June 2002 Fully revised third edition, September 2007 Cover photographs (left to right): UNICEF/5376/Isaac; UNICEF/94-0971/Craig; UNICEF/95-1185/Pirozzi; UNICEF/HQ96-0224/Toutounji; UNICEF/3993 for UNICEFby Rachel Hodgkin and Peter NewellFULLY REVISED THIRD EDITIONIMPLEMENTATION HANDBOOKFOR THE Convention ON THERIGHTS OF THE 3 Best interests of the child.

5 35 Best interests .. 37 To be reflected in legislation.. 39 States duty of care (article 3(2)).. 40 Standards for institutions, services, facilities (article 3(3)) .. 41 Implementation Checklist.. 43 4 Implementation of rights in the Convention .. 47 General measures of Implementation .. 48 Maximum extent of available resources.. 50 Progressive Implementation .. 52 All appropriate legislative measures .. 53 Administrative and other measures .. 55 A comprehensive national strategy.. 58 Permanent government mechanisms .. 59 Child impact analysis.. 61 Budgetary analysis .. 61 Monitoring Implementation .. 64 Independent human rights institutions for children.

6 66 International cooperation .. 69 Implementation Checklist .. 72 5 Parental guidance and the child s evolving capacities.. 75 Responsibilities of parents.. 76 Definition of family .. 76 Child as a subject of rights and evolving capacity.. 77 Preparation for parenthood.. 80 Implementation Checklist .. 81 Foreword.. IXPreface .. XIAcknowledgements.. XIII ntroduction .. XV Aims and structure.. XV How to use the Checklists.. XIX Explanation of references .. XXArticles 1 Definition of the child .. 1 Starting point of childhood.. 2 The end of childhood.. 3 Defining minimum ages in legislation.. 4 Implementation Checklist .. 13 2 Non-discrimination.

7 17 Definition of discrimination .. 18 Active Implementation of non-discrimination.. 21 All children in jurisdiction .. 23 Grounds for discrimination .. 24 Legitimate forms of discrimination.. 26 Gender discrimination .. 27 Children with disabilities.. 29 Children on the streets .. 30 Discrimination on basis of status of parents, etc. (article 2(2) .. 30 Implementation Checklist.. 32 Contents State assistance to speedily re-establish identity.. 116 Implementation Checklist .. 118 9 Separation from parents .. 121 Child s right not to be separated except when necessary for best interests .. 122 Children in state care.. 123 Children living and/or working on the streets.)

8 124 Children in hospitals .. 124 Parents in prisons .. 124 Child offenders.. 125 Parents working abroad .. 125 Immigration and deportation .. 125 Armed conflict .. 126 Traditions or customs.. 127 Decision-making about separation .. 127 To be taken by competent authorities.. 127 To be subject to judicial review .. 128 To be in accordance with domestic law.. 129 All parties to be heard in proceedings.. 129 Child s right to maintain contact with both parents.. 130 Information about parents or children separated by an action of the State.. 130 Protection of those seeking information about separated family member .. 131 Implementation Checklist .. 13210 Entering or leaving countries for family reunification.

9 135 Applications to be dealth with In a positive manner .. 136 In a humane manner .. 138 In an expeditious manner .. 138 Child s right to maintain contact with parents residing in different States.. 139 Right to leave any country .. 140 Right to enter own country.. 140 Implementation Checklist .. 141 6 Children s right to life and maximum survival and development.. 83 The inherent right to life .. 84 Abortion and euthanasia .. 85 Infanticide.. 87 Early marriage .. 88 The death penalty.. 88 Armed conflict.. 89 Other life-threatening violence .. 90 Honour killings .. 91 Other harmful traditional practices .. 92 Suicide .. 92 Traffic accidents.

10 92 Investigation and registration of death .. 92 Survival and development.. 93 Implementation Checklist .. 94 7 Birth registration, name, nationality and right to know and be cared for by parents.. 97 The child s right to be registered immediately after birth .. 98 What details should be registered .. 101 Right to a name.. 102 Right to acquire a nationality.. 103 Right, as far as possible, to know parents .. 105 Meaning of parent .. 105 Meaning of as far as possible .. 106 Right, as far as possible, to be cared for by parents .. 108 Implementation Checklist .. 110 8 Preservation of identity .. 113 Child s right to preserve identity.. 114 Nationality.