UN Convention on the Rights of the Child

The UN Convention on the Rights of the Child is an international treaty that recognises children as rights-holders rather than merely objects of care. Adopted in 1989, it generally defines a child as every person below 18 years, unless majority is attained earlier under applicable law. It protects children’s civil, political, economic, social and cultural rights, including their right to participate in matters affecting them.

Scope and implementation

The Convention treats all categories of rights as interconnected. States parties must take appropriate legislative, administrative and other measures to implement Convention rights under Article 4.

• For economic, social and cultural rights, states must act to the maximum extent of their available resources and, where needed, through international cooperation.
• Parents and others responsible for the child provide direction and guidance consistent with the child’s evolving capacities.

Four general principles

• Non-discrimination, Article 2: Every child must enjoy Convention rights without discrimination based on the status of the child, parents or legal guardians.
• Best interests of the child, Article 3: In all actions concerning children, their best interests must be a primary consideration.
• Life, survival and development, Article 6: Every child has an inherent right to life, and states must ensure survival and development to the maximum extent possible.
• Respect for the child's views, Article 12: A child capable of forming views has the right to express them freely, with due weight given according to age and maturity.

Participation rights

Participation means that children can form, express and communicate views, associate with others and obtain information. These related guarantees appear principally in Articles 12-17, but they remain subject to the safeguards and lawful restrictions specified by the Convention.

• Under Articles 12-13, children may express views in matters affecting them and seek, receive and impart information and ideas. They must be given an opportunity to be heard in relevant judicial and administrative proceedings, directly or through a representative or appropriate body.
• Articles 14-15 protect freedom of thought, conscience and religion, freedom of association and peaceful assembly. Parental guidance must respect evolving capacities, while restrictions must satisfy the Convention’s legality and necessity requirements.
• Article 16 protects children against arbitrary or unlawful interference with privacy, family, home or correspondence and against unlawful attacks on honour and reputation.
• Article 17 recognises the importance of access to information and material from diverse sources, while requiring attention to children’s well-being and protection from injurious material.

Meaning for child protection and public participation

Child-related laws, policies, courts, welfare institutions and administrative decisions must therefore be inclusive, child-centred and attentive to children’s agency. Participation does not make the child’s view automatically decisive; it requires meaningful hearing while the best-interests standard remains a primary consideration.

• The Convention does not confer an unrestricted right to participate in every political activity or an electoral right to vote.
• Political or public participation must be assessed alongside protection from exploitation, privacy, parental guidance and the child’s evolving capacities.