UNICEF- International Child Development Centre

THE RIGHTS OF THE CHILD

Children's rights has been one of the main programme areas of the UNICEF International Child Development Centre in Florence since the Centre's establishment in 1988. With the remarkably rapid and widespread ratification of the 1989 United Nations Convention on the Rights of the Child, the setting of end-decade goals at the 1990 World Summit for Children, and the on-going preparation of National Programmes of Action (NPAs) to realize these goals on a country-by-country basis, work in this area has become increasingly urgent. The Centre's Child Rights Programme seeks to promote the effective implementation of several important articles of the Convention. Initial research has focused on the general principles contained in the Convention's 'umbrella provisions', particularly Articles 2, 3 and 4. A number of thematic areas are also being explored, such as issues relating to child labour (Articles 32) as well as the psychosocial effects of war on children (Articles 38 and 39). More broadly, the Centre is investigating mechanisms for monitoring the protection of children's rights, examining successful strategies and techniques of decentralization relating to NPAs, and supporting the development of a children's rights information network.

Article 2: Non-discrimination.

The United Nations Committee on the Rights of the Child has indicated that it will direct considerable attention to the provisions of Article 2, requiring States Parties to take positive action to protect children from all forms of discrimination. The Centre's Children of Minorities project seeks to contribute to efforts being made, not only by the Committee but at all levels of society, to break the vicious circle of intolerance, discrimination, exploitation and destruction of cultural identities.

Initial project work involves case studies on specific child populations of ethnic minorities, immigrants and indigenous peoples, mainly in Europe and Latin America. The project is also undertaking comparative analyses of legislation and enforcement mechanisms, and assessments of effective programmes addressing the needs of the children of minority or indigenous groups. Outputs may include social indicators to measure the progress of these children, field guides or handbooks for practitioners, and possibly, in co-production with other groups, several video productions addressing critical issues.

Article 3: Best interests of the child.

The research results of the project on "the best interests of the child", based on this principle in Article 3, are explored in a book entitled The Best Interests of the Child: Reconciling Culture and Human Rights, published by Oxford University Press in association with ICDC. The book examines both legal-conceptual dimensions and practical applications of the "best interests" principle, especially in Africa, Asia and Europe, in very different socio-legal traditions and cultural contexts. It is also anticipated that a separate volume of essays on the best interests of the child in the southern Africa region may emerge from this project. Several of the publications resulting from this initiative are expected to be especially well suited for educational or training purposes, ranging from teaching materials for law faculties to those more useful for programmes for paralegal workers or other practitioners concerned with children's rights. The Committee on the Rights of the Child has expressed particular interest in this study to help guide its review of reports submitted by States Parties.

Article 4: Implementation of rights.

The Child Rights Programme has also focused on the resource implications of implementing the Convention, dealing especially with the clause in Article 4 concerning States' obligations and "the maximum [allocation] of their available resources and, where needed, within the framework of international co-operation". This project is seen both as a research undertaking, intended to enhance the prospects for effective implementation of the Convention, and as a contribution to strengthening the capacity of UNICEF and some of its major allies for work in the area of children's rights. Of particular interest in this regard is the effort to encourage a highly complementary relationship between implementation of the Convention and the work!including resource planning!on the post-Summit NPAs. A paper on this relationship has been published in the International Journal of Children's Rights. A number of Occasional Papers have been also produced, exploring resource issues relating to the children's rights to health, nutrition, education and protection from exploitation. These studies will be incorporated in a book, to be published in 1995, and may also be summarized in the popular Innocenti Studies series. In addition to the publications emanating from this project, the principal contributors are participating actively in seminars, professional meetings, training sessions or other events in an effort to ensure that the experience gained and materials produced are widely shared with others concerned with the Convention.

Articles 32: Child labour.

A new initiative at the Centre concerns the provisions in Article 32 that commit States Parties to protect children from exploitative labour. The project recognizes explicitly the close link between eliminating child labour and the goal adopted at the 1990 World Summit for Children of expanding basic and more relevant education, especially primary education. It also takes into account, however, that some children, including in the vulnerable 12-14 age-group, will need to work, either to continue their education or to provide financial support for their families (which in increasing numbers of cases are female-headed). A major policy issue is how to make the educational opportunities for these working children not only more consistent with their everyday realities, but also more relevant and promising in terms of the enhancement of their options for their future. The project will seek a better understanding of the effects of work on children and their families, including the important issue of the extent of reliance of low-income families on income generated by children. This project has been initiated first in the Latin America and Caribbean Region, with partial support provided by the Government of Sweden and with the cooperation of the International Labour Organisation.

The Centre and its host institution, the Istituto degli Innocenti, have also launched a project documenting historical experiences with reducing child labour, mainly in Europe, but also in one or two developing countries. The study will span the early 19th and the mid-20th centuries, a period that saw the promulgation of child labour laws removing children from the labour force and the introduction of legislation for universal and compulsory primary education. An historical perspective is seen as particularly worthwhile since the legislation and experiences of the industrialized countries in child labour regulation have significantly influenced approaches in many developing countries.

Articles 38 and 39: Armed conflicts and rehabilitative care.

Another project under way at the Centre concerns the protection, rehabilitation and social reintegration of child victims of armed conflicts and other forms of violence. The case for the Centre's playing a role in this complex area is closely related to the increasing extent to which UNICEF and its United Nations partners are being drawn into difficult and often controversial actions relating to humanitarian relief during and after violent conflicts. There are, moreover, compelling moral and other arguments for UNICEF to do everything possible to strengthen its own capacity and that of key cooperating institutions in an enhanced effort to address the critical problems of children and women affected by these violent events. The Centre's main contribution, in terms of its concern for children's rights, will be to support research, policy analysis and programme strategy formulation, perhaps combined with training support, relating especially to the psychosocial rehabilitation and expanded educational opportunities for children affected by war, violence or displacement. An exploratory set of activities, concerned especially with the situation of children and women in the Horn of Africa, has been initiated with other parts of UNICEF.

Monitoring the rights of children

A recent Innocenti Global Seminar on 'Monitoring the Protection of Children's Rights' identified monitoring as one of the most powerful weapons available to ensure that the trust of current and future generations of children entitled to the protection of the Convention is not betrayed. A distinction was made between monitoring as a 'watchdog' function and monitoring as a measuring and social planning instrument that allows evaluation to be made of how an intervention is progressing and what impact it is having. The Seminar recognized the importance of monitoring children's rights at all levels of society, and the need for monitoring to be carried out by many players, including by governments, non-governmental organizations (NGOs), the media, the private sector, UNICEF and other concerned international organizations, and, of course, the Committee on the Rights of the Child. Future work of the Centre will involve participation in international and regional conferences and workshops, aimed at experience-sharing and capacity-building for monitoring.

Decentralization of National Programmes of Action.

The Centre is also analysing successful strategies and techniques of decentralization relating to NPAs. As of 29 September 1994, 147 countries have finalized or are preparing NPAs as part of the commitments made at the 1990 World Summit for Children. Their next challenge will be the formulation of Local Programmes of Action at city, municipal and regional levels. Decentralization is especially important because it will enable politicians, public officials, NGOs and communities to become more aware of children's issues and more directly involved in achieving Summit goals. The ICDC study is focusing primarily on country experiences in Africa, Asia and Latin America. Specific issues addressed include: ways of increasing planning and participation at the local level; methods and techniques for decentralizing NPAs (e.g. use of statistics, definition and use of local indicators, and monitoring); social mobilization; decentralization of financial resources; and organization and management. The study responds to needs expressed in many fora, including by mayors and other local leaders, for effective strategies for municipal planning and action to achieve the goals for children in the 1990s.

Children's rights information base.

Information is widely accepted as the single most powerful and effective tool in promoting and upholding human rights, including the rights of children. To make informed decisions concerning children, policy makers, international bodies and civil society need to have access to current, reliable and relevant information from many disciplines and from many sources throughout the world. As one step in this direction, the Centre has been involved in developing an effective user-oriented international children's rights information system. Working with international and regional partners, the Centre will initially play a facilitating role by (a) stimulating the development of internationally accepted information-handling tools and building up an organizational database on children's rights through surveys of intergovernmental organizations, NGOs and academic institutes; (b) promoting networking arrangements that actively involve developing countries; and (c) strengthening its own database on children's rights and production and dissemination of reference tools on children's rights information. Other information products currently being developed include the first in a series of "essential readings" on children's rights topics and a glossary of children's rights terminology. As in many areas of the Centre's work, the scope of future outreach services such as these will depend on the extent of additional resources that may become available.

International Child Development Centre
UNICEF
Piazza SS. Annunziata 12
50122 Florence
Italy

tel: 39-55-234 5258
fax: 39-55-244 817


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