DIFINITION OF CHILD
Before talking about the child right we must need to understand the real meaning of child.
Etymologically, the term “child” comes from the Latin infans which means” the one who does not
speak “. For the Roman, this term designates the child from its birth, up to the age of 7 years.
This notion evolved a lot through centuries and cultures to finally designate human being from birth
until adulthood. But this conception of the child was wide and the age of the majority varied from a
culture to another.
The Convention on the Rights of the Child of 1989 defines more precisely the term “child”:
“a child is any human being below the age of eighteen years, unless under the law applicable to the
child, majority is attained earlier”
The idea, through this definition and all the texts concerning child welfare, is that the child is a human
being with rights and dignity.
What characterizes the child, is their youth and vulnerability.
Indeed, the child is growing, a future adult, who has no means
to protect themself.
So, the child has to be the object of a particular interest and a
specific protection. In this perspective, texts proclaiming the
protection of the child and their rights were adopted. [Link]
The recognition of the rights of the children
Children’s rights were recognized after the 1st World war, with
the adoption of the Declaration of Geneva, in 1924. The process
of recognition of children’s rights continued thanks to the UN,
with the adoption of the Declaration of the Rights of the Child in 1959.
The recognition of the child’s interest and their rights became a
reality on 20 November 1989 with the adoption of the International
Convention on the Rights of the Child which is the first international [Link]
legally binding text recognizing all the fundamental rights of the child.
Children’s rights: human rights
Children’s rights are human rights. They protect the child as a human being. As human rights,
children’s rights are constituted by fundamental guarantees and essential human rights:
Children’s rights recognize fundamental guarantees to all human beings: the right to life, the
non-discrimination principle, the right to dignity through the protection of physical and mental
integrity (protection against slavery, torture and bad treatments, etc.)
Children’s rights are civil and political rights, such as the right to identity, the right to a
nationality, etc.
Children’s rights are economic, social and cultural rights, such as the right to education, the
right to a decent standard of living, the right to health, etc.
Children’s rights include individual rights: the right to live with his or her parents, the right to
education, the right to benefit from protection, etc.
Children’s rights include collective rights: rights of refugee and disabled children, of minority
children or from autochthonous groups.
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Children’s rights: rights adapted to children
Children’s rights are human rights specifically adapted to the child because they take into account
their fragility, specificities and age-appropriate needs.
Children’s rights take into account the necessity of development of the child. The children thus have
the right to live and to develop suitably physically and intellectually.
Children’s rights plan to satisfy the essential needs for good development of the child, such as the
access to an appropriate alimentation, to necessary care, to education, etc.
Children’s rights consider the vulnerable character of the child. They imply the necessity to protect
them. It means to grant particular assistance to them and to provide protection adapted to their age and
to their degree of maturity.
So, the children have to be helped and supported and must be protected against labour exploitation,
kidnapping, and ill-treatment, etc.
The importance of children’s rights
There are many reasons for singling out children's rights in a separate human rights
Convention:
Children are individuals
Children are neither the possessions of parents nor of the state, nor are they mere people-in-the-
making; they have equal status as members of the human family.
Children start life as totally dependent beings
Children must rely on adults for the nurture and guidance they need to grow towards independence.
Such nurture is ideally found from adults in children's families, but when primary adult caregivers
cannot meet children's needs, it is up to the State as the primary duty bearer to find an alternative in
the best interests of the child.
The actions, or inactions, of government impact children more strongly than any other group in
society
Practically every area of government policy – from education to public health – affects children to
some degree. Short-sighted policymaking that fails to take children into account has a negative impact
on the future of all members of society.
Children's views should be heard and considered in the political process
Children generally do not vote and do not traditionally take part in political processes. Without special
attention to the opinions of children – as expressed at home and in schools, in local communities and
even in governments – children's views go unheard on the many important issues that affect them now
or will affect them in the future.
Many changes in society are having a disproportionate, and often negative, impact on children
Transformation of the family structure, globalization, climate change, digitalization, mass migration,
shifting employment patterns and a shrinking social welfare net in many countries all have strong
impacts on children. The impact of these changes can be particularly devastating in situations of armed
conflict and other emergencies.
The healthy development of children is crucial to the future well-being of any society
Because they are still developing, children are especially vulnerable – more so than adults – to poor
living conditions such as poverty, inadequate health care, nutrition, safe water, housing and
environmental pollution. The effects of disease, malnutrition and poverty threaten the future of
children and therefore the future of the societies in which they live.
The costs to society of failing its children are huge
Social research findings show that children's earliest experiences significantly influence their future
development. The course of their development determines their contribution, or cost, to society over
the course of their lives.
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