CRC AND ARTICLE 23 AND 24

Introduction
The Department of Women and Child Development, Government of India, came into existence
as a separate Ministry with effect from 30th January, 2006, earlier since 1985 it was a
Department under the Ministry of Human Resources Development.
The Ministry was constituted with the prime intention of addressing gaps in State action for
women and children for promoting inter-Ministerial and inter-sectoral convergence to create
gender equitable and child-centred legislation, policies and programmes.
The Committee on the Rights of the Child (CRC) is the body of 18 Independent experts that
monitors implementation of the Convention on the Rights of the Child by its State parties. It
also monitors implementation of two Optional Protocols to the Convention, on involvement of
children in armed conflict and on sale of children, child prostitution and child pornography. On
19 December 2011, the UN General Assembly approved a third Optional Protocol on a
communications procedure, which will allow individual children to submit complaints
regarding specific violations of their rights under the Convention and its first two optional
protocols. The Protocol entered into force in April 2014.

What is the convention on the rights of the child?

In 1989 something incredible happened. Against the backdrop of a changing world

order world leaders came together and made a historic commitment to the world’s
children. They made a promise to every child to protect and fulfil their rights, by
adopting an international legal framework – the United Nations Convention on the
Rights of the Child. 

Contained in this treaty is a profound idea: that children are not just objects who
belong to their parents and for whom decisions are made, or adults in training.
Rather, they are human beings and individuals with their own rights. The Convention
says childhood is separate from adulthood, and lasts until 18; it is a special,
protected time, in which children must be allowed to grow, learn, play, develop and
flourish with dignity. The Convention went on to become the most widely ratified
human rights treaty in history and has helped transform children’s lives. 

The Convention on the Rights of the Child (CRC) applies for children under
18. It recognises education as a legal right to every child on the basis of
equal opportunity. Its Article 28 guarantees free compulsory primary
education for all; progressive free secondary education that should in any
case be available and accessible to all; and accessibility to higher
education on the basis of capacity. It states the obligation of the State to
take measures regarding school attendance and discipline. It encourage
international cooperation in matters related to education, in particular
elimination of ignorance and illiteracy and access to scientific and
technical knowledge. Its Article 29 defines the aims of education and
recognises also the liberty of parents to choose the kind of education
they want to give to their children and the liberty to establish and direct
educational institutions, in conformity with minimum standards laid
down by the State.

A legally binding instrument

The Convention on the Rights of the Child is the first legally binding international instrument to
incorporate the full range of human rights—civil, cultural, economic, political and social rights. In 1989,
world leaders decided that children needed a special convention just for them because people under 18
years old often need special care and protection that adults do not. The leaders also wanted to make
sure that the world recognized that children have human rights too.

The Convention sets out these rights in 54 articles and two Optional Protocols. It spells out the basic
human rights that children everywhere have: the right to survival; to develop to the fullest; to
protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and
social life. The four core principles of the Convention are non-discrimination; devotion to the best
interests of the child; the right to life, survival and development; and respect for the views of the child.
Every right spelled out in the Convention is inherent to the human dignity and harmonious development
of every child. The Convention protects children's rights by setting standards in health care; education;
and legal, civil and social services.

By agreeing to undertake the obligations of the Convention (by ratifying or acceding to it), national
governments have committed themselves to protecting and ensuring children's rights and they have
agreed to hold themselves accountable for this commitment before the international community. States
parties to the Convention are obliged to develop and undertake all actions and policies in the light of the
best interests of the child.

Path to the Convention on the Rights of the Child

The path to the Convention on the Rights of the Child has been long and slow. In 1945, the United
Nations Charter laid the groundwork for the Convention by urging nations to promote and encourage
respect for human rights and fundamental freedoms 'for all'. The Universal Declaration of Human Rights
followed three years later, further stressing that "motherhood and childhood are entitled to special care
and protection" and referring to the family as "the natural and fundamental group unit of society."
Several Declarations on the Rights of the Child were agreed during the twentieth century, the last in
1959 "recognizing that Mankind owes to the child the best that it has to give."

Declarations are statements of moral and ethical intent but they are not legally binding instruments. The
international human rights framework was therefore built to contain covenants (or conventions) that
carry the weight of international law. In 1976, the first two covenants—the International Covenants on
Civil and Political Rights and on Economic, Social and Cultural Rights—became binding on States parties.
These two Covenants used the foundation of the rights and principles in the Universal Declaration of
Human Rights, and thus provided a legal as well as a moral obligation for countries to respect the
human rights of each individual.

Children’s rights then followed the same path. In 1978, on the eve of the United Nations-sponsored
International Year of the Child, a draft text was proposed for the Convention on the Rights of the Child.
Drawing heavily from the Universal Declaration of Human Rights; the International Covenant on Civil
and Political Rights; and the International Covenant on Economic, Social and Cultural Rights, a working
group within the United Nations then collaborated and revised the draft, finally agreeing what became
the articles of the Convention on the Rights of the Child.
Final approval from United Nations Member States came when the UN General Assembly unanimously
adopted the text of the Convention on the Rights of the Child on 20 November 1989. The Convention
then became legally binding in September 1990, after 20 States had ratified it. Many countries ratified
the Convention very soon after it was adopted and others continued to ratify or accede to it, making it
the most widely ratified human rights treaty. Nearly all States are now parties. Somalia and the United
States have not yet ratified the Convention but have signed it, indicating their support.

What has the Convention achieved?

The Convention is the most widely ratified human rights treaty in history. It has
inspired governments to change laws and policies and make investments so that
more children finally get the health care and nutrition they need to survive and
develop, and there are stronger safeguards in place to protect children from violence
and exploitation. It has also enabled more children to have their voices heard and
participate in their societies. 

Childhood today: new threats, new opportunities

Despite this progress, the Convention is still not fully implemented or widely known
and understood. Millions of children continue to suffer violations of their rights when
they are denied adequate health care, nutrition, education and protection from
violence. Childhoods continue to be cut short when children are forced to leave
school, do hazardous work, get married, fight in wars or are locked up in adult
prisons.

And global changes, like the rise of digital technology, environmental change,
prolonged conflict and mass migration are completely changing childhood. Today’s
children face new threats to their rights, but they also have new opportunities to
realize their rights.

What needs to happen

The hope, vision and commitment of world leaders in 1989 led to the Convention. It
is up to today’s generation to demand that world leaders from government, business
and communities end child rights violations now, once and for all. They must commit
to action to make sure every child, has every right.

Protecting and realizing children's rights

Human rights apply to all age groups; children have the same general human rights as adults. But
children are particularly vulnerable and so they also have particular rights that recognize their special
need for protection.
Children’s rights in the human rights framework

The Convention on the Rights of the Child sets out the rights that must be realized for children to
develop their full potential, free from hunger and want, neglect and abuse. It reflects a new vision of the
child. Children are neither the property of their parents nor are they helpless objects of charity. They are
human beings and are the subject of their own rights. The Convention offers a vision of the child as an
individual and as a member of a family and community, with rights and responsibilities appropriate to
his or her age and stage of development. By recognizing children's rights in this way, the Convention
firmly sets the focus on the whole child.

The Convention and its acceptance by so many countries has heightened recognition of the fundamental
human dignity of all children and the urgency of ensuring their well-being and development. The
Convention makes clear the idea that a basic quality of life should be the right of all children, rather than
a privilege enjoyed by a few.

From abstract rights to realities

Despite the existence of rights, children suffer from poverty, homelessness, abuse, neglect, preventable
diseases, unequal access to education and justice systems that do not recognize their special needs.
These are problems that occur in both industrialized and developing countries.

The near-universal ratification of the Convention reflects a global commitment to the principles of
children's rights. By ratifying the Convention, governments state their intention to put this commitment
into practice. State parties are obligated to amend and create laws and policies to fully implement the
Convention; they must consider all actions taken in light of the best interests of the child.

The task, however, must engage not just governments but all members of society. The standards and
principles articulated in the Convention can only become a reality when they are respected by everyone
—within the family, in schools and other institutions that provide services for children, in communities
and at all levels of administration.

Protecting and realizing children's rights

Human rights apply to all age groups; children have the same general human rights as adults. But
children are particularly vulnerable and so they also have particular rights that recognize their special
need for protection.

Children’s rights in the human rights framework

The Convention on the Rights of the Child sets out the rights that must be realized for children to
develop their full potential, free from hunger and want, neglect and abuse. It reflects a new vision of the
child. Children are neither the property of their parents nor are they helpless objects of charity. They are
human beings and are the subject of their own rights. The Convention offers a vision of the child as an
individual and as a member of a family and community, with rights and responsibilities appropriate to
his or her age and stage of development. By recognizing children's rights in this way, the Convention
firmly sets the focus on the whole child.

The Convention and its acceptance by so many countries has heightened recognition of the fundamental
human dignity of all children and the urgency of ensuring their well-being and development. The
Convention makes clear the idea that a basic quality of life should be the right of all children, rather than
a privilege enjoyed by a few.

From abstract rights to realities

Despite the existence of rights, children suffer from poverty, homelessness, abuse, neglect, preventable
diseases, unequal access to education and justice systems that do not recognize their special needs.
These are problems that occur in both industrialized and developing countries.
The near-universal ratification of the Convention reflects a global commitment to the principles of
children's rights. By ratifying the Convention, governments state their intention to put this commitment
into practice. State parties are obligated to amend and create laws and policies to fully implement the
Convention; they must consider all actions taken in light of the best interests of the child.

The task, however, must engage not just governments but all members of society. The standards and
principles articulated in the Convention can only become a reality when they are respected by everyone
—within the family, in schools and other institutions that provide services for children, in communities
and at all levels of administration.

Addressing the needs of children

Governments must be sensitive to the rights of all their citizens—not just to those of children—but the
world community recognizes that priority should be given to protecting 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 in adults in children's
families, but when primary caregivers cannot meet children's needs, it is up to society to fill the gap.

The actions, or inactions, of government impact children more strongly than any other group
in society. Practically every area of government policy (for example, education, public health and so
on) 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 by giving rise to policies that cannot work.

Children's views are rarely heard and rarely considered in the political process. Children
generally do not vote and do not otherwise 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, 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 affects 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.

Promoting and protecting rights for children

While the Convention on the Rights of the Child is addressed to governments as representatives of the
people, it actually addresses the responsibilities of all members of society. Overall, its standards can be
realized only when respected by everyone—parents and members of the family and the community;
professionals and others working in schools, in other public and private institutions, in services for
children, in the courts and at all levels of government administration—and when each of these
individuals carries out his or her unique role and function with respect to these standards.

The role of governments, families and children

Governments are obliged to recognize the full spectrum of human rights for all children and consider
children in legislative and policy decisions. While many States are beginning to listen seriously to
children's views on many important issues, the process of change is still in its earliest stages.

Children have a right to express their opinions and to have their views taken seriously and given due
weight. But children also have a responsibility to respect the rights of others, especially those of their
parents.

The Convention specifically refers to the family as the fundamental group of society and the natural
environment for the growth and well-being of its members, particularly children. Under the Convention,
States are obliged to respect parents' primary responsibility for providing care and guidance for their
children and to support parents in this regard, providing material assistance and support programmes.
States are also obliged to prevent children from being separated from their families unless the
separation is necessary for the child's best interests.

Fulfilling obligations: putting principles into practice

Under the Convention, State Parties have an obligation to amend and create laws and policies to fully
implement the Convention. As a result, the Convention has inspired a process of national legal
implementation and social change in all regions of the world. Local and national governments have
amended laws to take into consideration the best interests of the child and adopted social policies that
promote realization of children’s rights. Individuals, including children, and communities have actively
voiced their views and called for change.

UNICEF has undertaken advocacy, cooperated with governments and organizations and provided
technical assistance to further implementation of the Convention. Other United Nations agencies, such
as the UN Refugee Agency (UNHCR); the World Health Organization (WHO); and the UN Educational,
Scientific and Cultural Organization (UNESCO) actively promote the rights embodied in the Convention.
And many non-governmental organizations work for better implementation of the Convention.

For more information on how the rights and principles in the Convention are put into practice, see the
‘Implementation’ page in the ‘Using the Convention and Protocols’ section on the left menu. 

Understanding the Convention on the Rights of the Child

The principles outlined in the international human rights framework apply both to children and adults.
Children are mentioned explicitly in many of the human rights instruments; standards are specifically
modified or adapted where the needs and concerns surrounding a right are distinct for children. The
Convention on the Rights of the Child brings together the children’s human rights articulated in other
international instruments. This Convention articulates the rights more completely and provides a set of
guiding principles that fundamentally shapes the way in which we view children.

This compilation and clarification of children’s human rights sets out the necessary environment and
means to enable every human being to develop to their full potential. The articles of the Convention, in
addition to laying the foundational principles from which all rights must be achieved, call for the
provision of specific resources, skills and contributions necessary to ensure the survival and
development of children to their maximum capability. The articles also require the creation of means to
protect children from neglect, exploitation and abuse.

All children have the same rights. All rights are interconnected and of equal importance. The Convention
stresses these principles and refers to the responsibility of children to respect the rights of others,
especially their parents. By the same token, children's understanding of the issues raised in the
Convention will vary depending on the age of the child. Helping children to understand their rights does
not mean parents should push them to make choices with consequences they are too young to handle.

The Convention expressly recognizes that parents have the most important role in the bringing up
children. The text encourages parents to deal with rights issues with their children "in a manner
consistent with the evolving capacities of the child" (article 5). Parents, who are intuitively aware of their
child's level of development, will do this naturally. The issues they discuss, the way in which they answer
questions, or the discipline methods they use will differ depending on whether the child is 3, 9 or 16
years of age.
Rights under the Convention on the Rights of the Child

The Convention on the Rights of the Child was the first instrument to incorporate the complete range of
international human rights— including civil, cultural, economic, political and social rights as well as
aspects of humanitarian law.

The articles of the Convention may be grouped into four categories of rights and a set of guiding
principles. By clicking on any of the categories below, you can link to a plain-language explanation of the
applicable articles in the Convention. Additional provisions of the Convention (articles 43 to 54) discuss
implementation measures for the Convention, explaining how governments and international
organizations like UNICEF will work to ensure children are protected in their rights. You can see the full
text of the Convention by clicking on the link in the box on the right.

Guiding principles (pdf): The guiding principles of the Convention include non-discrimination;

adherence to the best interests of the child; the right to life, survival and development; and the right to
participate. They represent the underlying requirements for any and all rights to be realized.

Survival and development rights (pdf): These are rights to the resources, skills and contributions
necessary for the survival and full development of the child. They include rights to adequate food,
shelter, clean water, formal education, primary health care, leisure and recreation, cultural activities and
information about their rights. These rights require not only the existence of the means to fulfil the
rights but also access to them. Specific articles address the needs of child refugees, children with
disabilities and children of minority or indigenous groups.

Protection rights (pdf): These rights include protection from all forms of child abuse, neglect,
exploitation and cruelty, including the right to special protection in times of war and protection from
abuse in the criminal justice system.

Participation rights (pdf): Children are entitled to the freedom to express opinions and to have a say
in matters affecting their social, economic, religious, cultural and political life. Participation rights include
the right to express opinions and be heard, the right to information and freedom of
association.  Engaging these rights as they mature helps children bring about the realization of all their
rights and prepares them for an active role in society.

The equality and interconnection of rights are stressed in the Convention. In addition to governments’
obligations, children and parents are responsible for respecting the rights of others—particularly each
other. Children’s understanding of rights will vary depending on age and parents in particular should
tailor the issues they discuss, the way in which they answer questions and discipline methods to the age
and maturity of the individual child.

What you can do

The Convention on the Rights of the Child has been used around the world to promote and protect
children’s rights.In the years since its adoption the world has seen significant advances in the fulfilment
of children’s rights to survival, health and education through the provision of essential goods and
services, and a growing recognition of the need to create a protective environment to shield children
from exploitation, abuse and violence.

However there is still much to be done to create a world fit for children. Progress has been uneven, with
some countries lagging considerably behind others in giving child rights its deserved prominence on
national agendas. And in several regions and countries some of the gains appear in danger of reversal
from threats like poverty, armed conflict and HIV/AIDS.

Every one of us has a role to play in ensuring that every child enjoys a childhood. If you are a parent,
teacher, social worker or other professional working with children, raise awareness of the Convention on
the Rights of the Child among children. If you are a member or employee of an organization working for
children’s rights, raise awareness of the Convention and its Optional Protocols, research and document
governmental actions and policies and involve communities in promoting and protecting children’s
rights. If you are a member of the media, promote knowledge and understanding of children’s rights and
provide a forum for children’s participation in society. If you are a parliamentarian, ensure that all
existing and new legislation and judicial practice is compatible with your country’s international
obligations, monitor governments’ actions, policies and budgets and involve the community—including
children—in relevant decisionmaking.

Everyone can participate in respecting, protecting and fulfilling children’s rights. And UNICEF can help.
Whoever you are and wherever you are, contact your local UNICEF office or National Committee to see
what you can do.

Article 23

1. States Parties recognize that a mentally or physically disabled child should enjoy a full and
decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's
active participation in the community.

2. States Parties recognize the right of the disabled child to special care and shall encourage
and ensure the extension, subject to available resources, to the eligible child and those
responsible for his or her care, of assistance for which application is made and which is
appropriate to the child's condition and to the circumstances of the parents or others caring
for the child.

3. Recognizing the special needs of a disabled child, assistance extended in accordance with
paragraph 2 of the present article shall be provided free of charge, whenever possible, taking
into account the financial resources of the parents or others caring for the child, and shall be
designed to ensure that the disabled child has effective access to and receives education,
training, health care services, rehabilitation services, preparation for employment and
recreation opportunities in a manner conducive to the child's achieving the fullest possible
social integration and individual development, including his or her cultural and spiritual
development

4. States Parties shall promote, in the spirit of international cooperation, the exchange of
appropriate information in the field of preventive health care and of medical, psychological
and functional treatment of disabled children, including dissemination of and access to
information concerning methods of rehabilitation, education and vocational services, with the
aim of enabling States Parties to improve their capabilities and skills and to widen their
experience in these areas. In this regard, particular account shall be taken of the needs of
developing countries.

Article 24
1. States Parties recognize the right of the child to the enjoyment of the highest attainable
standard of health and to facilities for the treatment of illness and rehabilitation of health.
States Parties shall strive to ensure that no child is deprived of his or her right of access to
such health care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take
appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children
with emphasis on the development of primary health care;

(c) To combat disease and malnutrition, including within the framework of primary health
care, through, inter alia, the application of readily available technology and through the
provision of adequate nutritious foods and clean drinking-water, taking into consideration the
dangers and risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers;

(e) To ensure that all segments of society, in particular parents and children, are informed,
have access to education and are supported in the use of basic knowledge of child health and
nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the
prevention of accidents;
(f) To develop preventive health care, guidance for parents and family planning education
and services.

3. States Parties shall take all effective and appropriate measures with a view to abolishing
traditional practices prejudicial to the health of children.

4. States Parties undertake to promote and encourage international co-operation with a view
to achieving progressively the full realization of the right recognized in the present article. In
this regard, particular account shall be taken of the needs of developing countries.