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Implementation Handbook for the Convention on the Rights of the Child

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Implementation Handbook for the Convention on the Rights of the Child IMPLEMENTATION HANDBOOK FOR THE CONVENTION ON THE RIGHTS OF THE CHILD IMPLEMENTATION IMPLEMENTATION HANDBOOK THIRD EDITION REVISED FULLY IMPLEMENTATION HANDBOOK FOR THE CONVENTION ON THE FOR THE CONVENTION ON THE RIGHTS OF THE CHILD RIGHTS OF FULLY REVISED THIRD EDITION THE CHILD Since 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 children. Under 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. 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 FULLY REVISED THIRD EDITION WITH CD-ROM attached to each and every right recognized therein. US$ 50.00 ISBN 978-92-806-4183-7 Sales No. E.07.XX.11 IMPLEMENTATION HANDBOOK FOR THE CONVENTION ON THE RIGHTS OF THE CHILD FULLY REVISED THIRD EDITION © 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. 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, Switzerland. ISBN 978-92-806-4183-7 Sales #: E.07.XX.11 UNICEF Regional Office for Europe Palais des Nations 1211 Geneva 10, Switzerland www.unicef.org English 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/Sprague. For orders from Europe, Middle East and Africa United Nations Publications - Sales Office and Bookshop CH-1211 Geneva 10, Switzerland Tel: +41 (22) 917-2614 Fax: +41 (22) 917-0027 E-mail: [email protected] For orders from North America, Latin America and the Caribbean, and Asia and the Pacific United Nations Publications Room DC2-0853, Dept. 1004 - New York, NY 10017 Tel: (800) 253-9646, (212) 963-8302 Fax: (212) 963-3489 E-mail: [email protected] Layout: Printed on chlorine-free paper by Atar Roto Presse, Geneva, Switzerland IMPLEMENTATION HANDBOOK FOR THE CONVENTION ON THE RIGHTS OF THE CHILD prepared for UNICEF by Rachel Hodgkin and Peter Newell FULLY REVISED THIRD EDITION ....... Contents Ǡ . IX Foreword Best interests of the child . 35 3 ● Best interests . 37 ǠPreface . XI Ǡ To be reflected in legislation . 39 ● States duty of care (article 3(2)) . 40 ǠAcknowledgements. XII ● Standards for institutions, services, ǠIntroduction . XV facilities (article 3(3)) . 41 . Ǡ Aims and structure. XV Implementation Checklist 43 Ǡ How to use the Checklists. XIX 4 Implementation of rights in Ǡ Explanation of references . XX the Convention. 47 ǠArticles ● General measures of implementation . 48 ● Maximum extent of available resources . 50 ● 1 Definition of the child . 1 Progressive implementation . 52 ● All appropriate legislative measures . 53 ● Starting point of childhood . 2 ● Administrative and other measures . 55 ● The end of childhood. 3 ● A comprehensive national strategy. 58 ● Defining minimum ages in legislation. 4 ● Permanent government mechanisms . 59 ● Implementation Checklist . 13 ● Child impact analysis . 61 2 Non-discrimination. 17 ● Budgetary analysis . 61 ● ● Definition of discrimination . 18 Monitoring implementation. 64 Ǡ Active implementation ● Independent human rights institutions of non-discrimination. 21 for children . 66 ● Ǡ All children in jurisdiction . 23 International cooperation . 69 ● Ǡ Grounds for discrimination . 24 Implementation Checklist . 72 Ǡ Legitimate forms of discrimination. 26 5 Parental guidance and the child’s Ǡ Gender discrimination . 27 evolving capacities. 75 Ǡ Children with disabilities. 29 ● Responsibilities of parents. 76 Ǡ Children on the streets . 30 ● Definition of “family” . 76 ● Discrimination on basis of status ● Child as a subject of rights and of parents, etc. (article 2(2) . 30 evolving capacity . 77 Implementation Checklist . 32 ● Preparation for parenthood . 80 ● Implementation Checklist . 81 ● State assistance to speedily Children’s right to life and maximum 6 re-establish identity . 116 survival and development. 83 ● Implementation Checklist . 118 ● The inherent right to life . 84 Separation from parents . 121 Ǡ Abortion and euthanasia . 85 9 ● Ǡ Infanticide. 87 Child’s right not to be separated except when necessary for best interests . 122 ● Early marriage . 88 Ǡ Children in state care. 123 ● The death penalty. 88 Ǡ Children living and/or working ● Armed conflict . 89 on the streets. 124 ● Other life-threatening violence . 90 Ǡ Children in hospitals . 124 ● Honour killings . 91 Ǡ Parents in prisons . 124 ● Other harmful traditional practices . 92 Ǡ Child offenders. 125 ● Suicide . 92 Ǡ Parents working abroad . 125 ● Traffic accidents . 92 Ǡ Immigration and deportation . 125 ● Investigation and registration of death . 92 Ǡ Armed conflict . 126 ● Survival and development . 93 Ǡ Traditions or customs . 127 ● Implementation Checklist . 94 ● Decision-making about separation . 127 7 Birth registration, name, nationality Ǡ To be taken by competent authorities . 127 and right to know and be cared for Ǡ To be subject to judicial review . 128 by parents . 97 Ǡ To be in accordance with domestic law. 129 Ǡ ● The child’s right to be “registered All parties to be heard in proceedings . 129 ● Child’s right to maintain contact immediately after birth”. 98 with both parents. 130 ● What details should be registered . 101 ● Information about parents or children ● Right to a name . 102 separated by an action of the State. 130 ● Right to acquire a nationality . 103 ● Protection of those seeking information ● Right, as far as possible, to know parents . 105 about separated family member . 131 Ǡ Meaning of “parent” . 105 ● Implementation Checklist . 132 Ǡ Meaning of “as far as possible”. 106 ● Right, as far as possible, to be cared for 10 Entering or leaving countries by parents . 108 for family reunification . ..
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