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10 - The United Nations Convention on the Rights of the Child and Children Belonging to Minority Groups

from PART B - Non-minorities-specific instruments, provisions and institutions

Published online by Cambridge University Press:  21 July 2009

Kristin Henrard
Affiliation:
Erasmus Universiteit Rotterdam
Robert Dunbar
Affiliation:
University of Aberdeen
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Summary

Introduction

The United Nations Convention on the Rights of the Child (‘CRC’) is a very rich human rights treaty. It covers most of the traditional civil and political rights and economic, social and cultural rights tailored to the child as a person with evolving capacities and with full respect for the responsibilities, rights and duties of parents. In addition, the CRC contains various provisions for the protection of children from all forms of violence and abuse (Article 19), economic exploitation, (commercial) sexual exploitation, abduction, and sale or traffic (Article 32–39). Other articles provide for the protection of refugee children (Article 22) and of children with disabilities (Article 23).

The CRC is applicable to every human being below the age of eighteen years in the 193 states that ratified this Convention. They have committed themselves to respect and ensure the rights set forth in the CRC to each child within their jurisdiction without discrimination of any kind (Article 2). This means that children belonging to minorities have the right to the full enjoyment of the rights enshrined in the CRC. The CRC is not a minority-specific human rights instrument but it does contain some unique references to minority groups, in particular to indigenous children.

In this chapter, I shall present and discuss the monitoring activities of the CRC Committee charged with the task of examining the progress made by states parties in achieving the realisation of their obligations under the CRC, including the difficulties they are facing in this regard (Articles 43 and 44).

Type
Chapter
Information
Synergies in Minority Protection
European and International Law Perspectives
, pp. 278 - 296
Publisher: Cambridge University Press
Print publication year: 2009

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References

Detrick, Sharon, A Commentary on the United Nations Convention on the Rights of the Child (Dordrecht: Martinus Nijhoff, 1999)Google Scholar
Anaya, S. James, Indigenous Peoples in International Law, 2nd edn (Oxford: Oxford University Press, 2004)Google Scholar

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