Although the human rights of children were recognised within the international community more than 50 years ago, by way of the Declaration of the Rights of the Child (1959), this was not binding as an international agreement or treaty. However, in 1978 Poland proposed that a new convention should be adopted in the following year, 1979, which was designated as the International Year of the Child. The proposed convention – later to be named the Convention on the Rights of the Child – was initially proposed to follow the principles stated in the 1959 Declaration, addressing economic, social and cultural rights, but many states favoured a wider scope to incorporate issues of justice, ethnicity and children’s involvement in armed conflicts. These additional aspects of children’s rights reflected the provisions of other conventions that had come into force in the intervening period, such as the International Covenant on Civil and Political Rights (1966). Another criticism of the proposed convention was that it lacked detail, and was not drafted in enforceable terms.
The United Nations General Assembly was supportive of the Convention being settled during the International Year of the Child, but the Commission on Human Rights resisted undue haste and established a working group comprised of representatives of member states to review the initial proposal. Poland then produced a revised proposal that was accepted as an improved basis for negotiations to reach agreement about the Convention. All of the working group’s decisions were by consensus, which meant that some key issues were not included – e.g., child marriage – because consensus could not be reached on those issues. Nonetheless, this process eventually produced an agreed text that could be submitted to the General Assembly without controversy.
Despite the early hopes for a convention that could be adopted by member states in 1979, it took a decade and successive drafts before the Convention was finalised. In the meantime, more countries from Africa and Asia came on board, as well as some Islamic countries, so the Convention became more representative of worldwide concerns. The drafting process was also assisted by progress in the adoption of other international agreements, including instruments relating to juvenile justice, foster care, and adoption. The terms of these agreements informed many principles stated in the Convention.
Besides the United Nations, UN member states, and inter-governmental organisations – e.g., World Health Organisation, the International Labor Organisation, and (belatedly) UNICEF – some non-governmental organisations (NGOs) became involved in the drafting. The NGOs were not there as of right, but could be invited to make suggestions and give feedback on drafts. As some of the NGOs had been involved in drafting other international agreements around that time, their input into the Convention was invaluable. In about 1983, human rights NGOs and children’s NGOs joined forces, creating an NGO Ad Hoc Group that put forward more consistent proposals to the working party established by the Commission on Human Rights. This led to the NGOs having greater influence in the drafting process.
Several controversial issues addressed during the drafting process included the definition of a child, the determination of fundamental freedoms, protecting the best interests of children who are being adopted, and the minimum age that children can be participants in armed conflict.
The definition of a child is open as to when childhood starts, but the preamble of the Convention refers to children before and after birth. The upper age – when childhood ends – was set at 18 because that was the age of adulthood in most countries. The fundamental freedoms include freedom of association, religion, and communication. Adoption was a big issue because certain countries had previously allowed poorly regulated inter-country adoption of their children.
Many states wanted the minimum age that children can be participants i
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