The Convention on the Rights of the Child, approved by the United Nations’ General Assembly on the 20 November 1989, marks a turning point in the legislation for minors.
The document recognizes for the first time boys, girls and adolescents as entitled to civil, social, political, cultural and economic rights.
We are facing a real and proper cultural revolution: the child is no longer seen as a passive subject, a mere recipient of care and protection, but is conceived as being entitled to rights and the lead player in his or her own life.
196 countries have signed up to the convention, which has become the most ratified treaty in the world. Italy signed up with the law 176 of 27th May 1991.
The convention consists of 54 articles and may be divided into three parts:
- The first part (articles 1-41) enunciates a list of political, economic, social and cultural rights to which children and adolescents are entitled;
- The second part (articles 42-45) identifies the bodies appointed to implement and monitor the Convention, and the procedures to be followed.
- The third part (articles 46-54) defines the ratification procedures.
The UNO Committee on children’s rights has also identified four general cross-discipline principles, which guide the States towards a correct application of the articles. The principles are:
Non discrimination (art. 2)
The rights sanctioned by the Convention apply to all children without distinction between nationality, sex or religion.
Primary Consideration (art. 3)
The interests of a child must always take priority in every decision concerning that child.
Right to life, survival and development (art. 6)
States parties shall ensure to the maximum extent possible the survival and healthy development of the child.
Respect and hearing of the child’s opinion (art. 12)
All children have the right to express their own views freely in all matters affecting themselves. Their opinion must be heard and taken into consideration.
Periodically the signatory states’ governments draw up a report monitoring the fulfilment of the Convention. In Italy, since 2000, the Committee on the Rights of the Child (CRC Group) has been preparing a report supplementary to that of the government, which is submitted to the UNO Committee’s attention.
Cesvi, as a member of CRC group, takes an active part in the drafting of some of the paragraphs in the report.