The evolution of international standards on child rights  

1924   The League of Nations adopts the Geneva Declaration on the Rights of the Child. The declaration establishes children’s rights to means for material, moral and spiritual development; special help when hungry, sick, disabled or orphaned; first call on relief when in distress; freedom from economic exploitation; and an upbringing that instils a sense of social responsibility.  

1948  The UN General Assembly passes the Universal Declaration of Human Rights, which refers in article 25 to childhood as “entitled to special care and assistance.”  

1959  The UN General Assembly adopts the Declaration of the Rights of the Child, which recognizes rights such as freedom from discrimination and the rights to a name and nationality. It also specifically enshrines children’s rights to education, health care and special protection.  

1966  The International Covenant on Civil and Political Rights and the International Covenant on Economic, 

Social and Cultural Rights are adopted. The covenants advocate protection for children from exploitation and promote the right to education.  

1973  The International Labour Organizations adopts Convention No. 138 on the Minimum Age for Admission to Employment, which sets 18 years as the minimum age for work that might be hazardous to an individual’s health, safety or morals.  

1979  The UN General Assembly adopts the Convention on the Elimination of All Forms of Discrimination Against Women, which provides protection for the human rights of girls as well as women. It also declares 1979 as International Year of the Child, which sets in motion the working group to draft a legally binding Convention on the Rights of the Child.  

1989  The UN General Assembly unanimously approves the Convention on the Rights of the Child, which enters into force the following year. 

1990  The 1990 World Summit for Children adopts the World Declaration on the Survival, Protection and 

Development of Children along with a plan of action for implementing it in the 1990s. 

1999  The International Labour Organization adopts Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.  

2000   The UN General Assembly adopts two Optional Protocols to the Convention on the Rights of the Child: one on the involvement of children in armed conflict, the other on the sale of children, child prostitution and child pornography.  

2002  The UN General Assembly holds a Special Session on Children, meeting for the first time to specifically 

discuss children’s issues. Hundreds of children participate as members of official delegations, and world leaders commit themselves to a compact on child rights, ‘A World Fit for Children.’ 

2007  The five‐year follow‐up to the UN General Assembly Special Session on Children ends with a Declaration 

on Children adopted by more than 140 governments. The Declaration acknowledges progress achieved and the challenges that remain, and reaffirms commitment to the World Fit for Children compact, the Convention and its Optional Protocols. 

CELEBRATING 20 YEARS OF THE CONVENTION ON THE RIGHTS OF THE CHILD 7

affirms that States parties “shall respect and ensure the rightsset forth in the present Convention to each child within theirjurisdiction without discrimination of any kind, irrespectiveof the child’s or his or her parent’s or legal guardian’s race,colour, sex, language, religion, political or other opinion,national, ethnic or social origin, property, disability, birth orother status.”

This universal application today is a core element of anyhuman rights instrument, but in 1959, a separate provision ina draft version of the UN Declaration of the Rights of theChild affirming equality of rights for children born inside andoutside marriage was removed from the document. That theprinciple of non-discrimination is of paramount importancebecomes clear when considering, for example, the situation ofa child living with disability, an undocumented migrant or achild orphaned by AIDS. Children must also be protected

from discrimination that is based on the beliefs of their parents, other family members or legal guardians. The princi-ple of non-discrimination echoes the ethos of the 1965Convention on the Elimination of Racial Discrimination and the 1979 Convention on the Elimination of All Forms of Discrimination against Women (hereafter referred to as CEDAW).

Disparities in the realization of child rights are apparent in allcountries. Even as global economic growth during the 1990sand for much of this decade led to remarkable reductions inabsolute poverty in many developing countries – mostnotably China and India – gaps in maternal, newborn andchild health care and in education enrolment among incomeand population groups have widened markedly. There is con-cern among child rights advocates that the recent global eco-nomic crises may result in further widening of these gaps

THE TIMELESS RELEVANCE OF THE CONVENTION

There are two Optional Protocols to theConvention on the Rights of the Child,both adopted by the UN GeneralAssembly on 25 May 2000. These arethe Optional Protocol on the Sale ofChildren, Child Prostitution and ChildPornography, which came into force on 18 January 2002, and the OptionalProtocol on the Involvement of Childrenin Armed Conflict, which entered intoforce on 12 February 2002. The OptionalProtocols were drafted on issues forwhich States parties felt ready to adoptstronger commitments than those out-lined in the Convention.

Optional Protocol on theInvolvement of Children in Armed ConflictThe Convention’s consensual draftingprocess resulted in the minimum agefor the involvement of children in armedforces being set at 15 years – an agedeemed far too young by many coun-tries. The Optional Protocol requiresStates parties to prohibit the conscrip-tion of anyone under 18, adopt all feasi-ble measures to ensure that voluntarilyrecruited soldiers under the age of 18

do not fight, and criminalize the recruit-ment of children under 18 by rebelgroups.

The protocol resolved the contradictionin the Convention that did not afford soldiers under 18 the same rights andprotection as all other children, estab-lishing a legal norm and internationalstandard that makes it easier to holdnations accountable and encouragingthe passing of national laws in accor-dance with its principles. By July 2009,it had been ratified by 128 countries and signed by a further 28.

Optional Protocol on the Sale ofChildren, Child Prostitution andChild PornographyThe Optional Protocol on the Sale ofChildren, Child Prostitution and ChildPornography was devised to strengthenprotection for children against theseforms of exploitation. Among its provi-sions are recommendations about thecriminalization of such practices; pro-cedures for extradition of those guilty ofsuch offences; calls for internationalco-operation in tracking and prosecut-

ing offenders; procedures for protectingand assisting child victims; and calls forthe promotion of public awareness.

The Optional Protocol on the Sale ofChildren, Child Prostitution and ChildPornography has succeeded in raisinginternational awareness of the complexissues involved and in influencingnational governments’ attempts to passand enforce relevant legislation. By July 2009, the Optional Protocol hadbeen ratified by 132 countries andsigned by a further 29.

A peculiarity of the Optional Protocolsis that they contain a unique provisionthat allows them to be ratified by theUnited States and Somalia, the twocountries that have not ratified theConvention. The US Government ratified both Optional Protocols on 23 December 2002; Somalia has signed but not ratified the Optional Protocol on the Involvement of Children in Armed Conflict.

See References, pages 90–92.

Optional Protocols to the Convention

unless corrective action is taken to realize the rights of mar-ginalized and impoverished children, who are most at risk ofmissing out. (See section on disparities, pages 17–19, and thepanel on the potential impact of the global economic crisis onchild rights in Chapter 3, page 62.)

The best interests of the child: Article 3 states, “In allactions concerning children, whether undertaken by public orprivate social welfare institutions, courts of law, administra-tive authorities or legislative bodies, the best interests of the

child shall be a primary consideration.” This second key prin-ciple underpins the legal protection and evidence-based careof children.

The ‘best interests’ principle requires governments or otherstakeholders to review any of their actions for the impact onchildren. This principle has proved to be a vital influence onlegislation, strategies, policies and programmes in support ofchild rights. It has been especially useful in legal judgementsand among social welfare institutions that are required to bal-

8 THE STATE OF THE WORLD’S CHILDREN | SPECIAL EDITION

IMPACT

As with other core international humanrights instruments, implementation ofthe Convention and its two OptionalProtocols is overseen by a committee:the Committee on the Rights of theChild, established by article 43 of thetreaty. The inaugural Committee, elect-ed in early 1991, was composed ofexperts from 10 countries and a varietyof professional backgrounds, includinghuman rights, international law andjuvenile justice. It has since expandedto 18 members, following an amend-ment to article 43 in November 2002.

The Committee convenes its sessions inGeneva three times a year, in January,May and September; each session lastsfour weeks. In addition to monitoringthe Convention’s implementation, theCommittee provides guidance on itsinterpretation through periodicissuance of General Comments on articles and issues, and also convenesdays of general discussion.

In ratifying the Convention, countriesagree to submit regular progressreports to the Committee, the first within two years of ratification and subsequent ones every five years thereafter. Each report containsdetailed background information aboutthe country in question and offers anaccount of its progress and constraintsin implementing the Convention’s articles. Additional progress reports

are required of countries that are partyto the Optional Protocols.

Governments are advised to concen-trate their reports on ‘factors and difficulties’ that they have encounteredin implementing the Convention’s provi-sions and in setting specific goals foraccelerating progress. The Committeeopenly welcomes alternative reportsfrom non-governmental organizationswithin the country; these often –although not necessarily – follow thesame format as the main country reportand attempt to address similar issues.In addition, key UN organizations –including UNICEF – may also contributetheir own perspective on the situationof children in the reporting country.

The Committee appoints two rappor-teurs to undertake a comprehensiveexamination of each report and associ-ated documentation and then drafts a list of key issues and questions fordiscussion with the representatives ofthe State party. The emphasis is on‘constructive dialogue’. At the end ofthe dialogue, the Committee holds aprivate meeting to finalize its conclud-ing observations. These usually includeacknowledgement of positive stepsthat have been taken, identify problem-atic areas that require greater effort,and provide advice on practical meas-ures that could be adopted to improvechild rights. Concluding observations

can also address any point that theCommittee considers important for the protection and promotion of childrights. This may entail, for example,requests for policy changes orendorsements of points made by non-governmental organizations.

The concluding observations are madepublic to enable the press and othergroups in civil society to exert pressurefor their implementation. In practice,although the Committee can appoint arapporteur to follow up on relevantissues in the five-year period betweenreports, non-governmental organiza-tions play a vital part in both monitoringgovernments’ performance and offeringappropriate support as they seek to fulfil their obligations to children. Inrecent years, regional and subregionalworkshops on implementation of theconcluding observations have beenorganized by the Treaties and CouncilBranch of the Office of the HighCommissioner for Human Rights inGeneva, in cooperation with a host government and UN organs. Theseworkshops, which are held for a groupof countries, bring together a diverserange of participants including govern-mental officials, representatives ofnational human rights institutions, non-governmental organizations andUN agencies, funds and programmes.

See References, pages 90–92.

The Committee on the Rights of the Child

10 THE STATE OF THE WORLD’S CHILDREN | SPECIAL EDITION

IMPACT

In addition to monitoring of individualcountries’ progress in implementing theConvention, the Committee on the Rightsof the Child periodically publishes its ownGeneral Comments on key issues relatedto the interpretation, promotion and protection of child rights. Since 2001, the Committee has issued 12 GeneralComments on a wide range of topics.

General Comment No. 5: Generalmeasures of implementation: In General Comment No. 5, theCommittee on the Rights of the Child provides guidance on requisite steps thatStates parties must take to fulfil theirobligations under the Convention. Statesparties, in ratifying the Convention, takeon the responsibility to uphold it, but itsimplementation needs to engage all sectors of society, including childrenthemselves. Key measures include:

• Developing a framework of nationallegislation that is fully compliant withthe Convention, with rigorous andongoing review of domestic law bygovernment and independent bodies.

• A comprehensive national plan ofaction or strategy for the implementa-tion of the Convention.

• Establishment of a permanent institu-tion or structure within governmentwith overall responsibility for promot-ing implementation and appropriatecoordination between sectors andlevels of government and with civilsociety, children and others.

• Data collection and disaggregation of data, covering the entire period ofchildhood up to 18.

• Child rights impact assessment andevaluation.

• Training and capacity building.• Dissemination of information on the

rights guaranteed by the Conventionto children and adults alike.

• Recognition that ensuring non-discrimination may require specialmeasures to diminish factors creatingdisparities.

• Meaningful consultation with children.

• Maintaining working relationshipswith non-governmental organizations,religious leaders, teachers, healthproviders, social workers, and parliamentarians.

• Budgeting for children at the nationaland international levels. The Committeeon the Rights of the Child expectsdonor governments to identify theyearly amount and proportion ofinternational aid earmarked for children’s rights, and expects theirprogrammes to be rights-based.

The Committee also strongly and contin-ually advocates for the establishment of

independent child rights institutions,including children’s ombudspersons or commissioners, or for the establish-ment of child rights focal points withinnational human rights commissions orombudspersons offices. It employs thegeneral measures of implementation as a practical guide in making specificrecommendations to States parties andexpects them to describe action to takein response. Recognizing that lack ofresources can hamper the full realizationof economic, social, and cultural rights,the Committee emphasizes the impor-tance of progressive realization of childrights, with the onus on States parties toimplement the treaty to the maximumextent of their available resources.

See References, pages 90–92.

General Comments of the Committee on the Rights of the Child andgeneral measures of implementation of the Convention

GENERAL COMMENTS OF THE COMMITTEE ON THE RIGHTS OF THE CHILD

Year ofNo. Subject of the General Comment issuance1 The aims of education 20012 The role of independent human rights institutions 20023 HIV/AIDS and the rights of the child 20034 Adolescent health 20035 General measures of implementation for the

Convention on the Rights of the Child 20036 Treatment of unaccompanied and separated children

outside their country of origin 20057 Implementing child rights in early childhood 20058 The right of the child to protection from corporal

punishment and other cruel or degrading forms of punishment 2006

9 The rights of children with disabilities 200610 Children’s rights in juvenile justice 200711 Indigenous children and their rights under the Convention 200912 The right of the child to be heard 2009

Source: General Comments are available at the website of the Committee on theRights of the Child, <www2.ohchr.org/english/bodies/crc/comments.htm>.

12 THE STATE OF THE WORLD’S CHILDREN | SPECIAL EDITION

IMPACT

Since 1988, UNICEF has been a leadingarchitect and proponent of the humanrights-based approach to programmingto fulfil the rights of women and chil-dren under the Convention and CEDAW.The organization’s country programmesare guided by human rights principlesapplied in all phases and sectors.

The human rights-based approach isderived from principles that underlieboth conventions: accountability, universality and non-discrimination,indivisibility and participation. It is firmlyembedded in the work of the UnitedNation s, which in 2003 passed a state-ment of ‘Common Understanding of aHuman Rights-Based Approach toDevelopment Cooperation’. Under thisparadigm, an underlying aim of all UN programmes is to advance the realizationof human rights as laid down in theUniversal Declaration of Human Rightsand other major human rights instruments.

Principles of the human rights-based approach Universality: Human rights are innate to all people, irrespective of their ethnicorigin, beliefs and practices, geograph-ic location, gender or income level. Yet despite robust international andnational legal frameworks in support of human rights, the social groups thathave traditionally suffered from margin-alization and discrimination within theircountries and societies are still consis-tently the most at risk of having theirrights violated or unfulfilled. A humanrights-based approach specifically targets the most marginalized groups –and the most vulnerable members ofthese groups, which are often womenand children – in the countries andcommunities with the greatest need.

The approach has implications for pro-gramme budgets and planning, as it isoften more costly to reach marginalized

groups or people living in remote rurallocations or urban slums than in moremainstream areas. Immunization pro-vides an example, where unit cost of vaccinating infants in rural areas is far higher than for their counterpartsliving in cities. Under a human rights-based approach to immunization, analternative measure for determiningprogramme priorities and allocatingresources may be employed. Using thenumber of deaths prevented (or thehealthy years gained) per immunizationin place of unit costs as a determiningfactor in resource allocation immediate-ly changes the cost-benefit equation,since poorer or more marginalizedgroups are likely to benefit most fromthe extension of essential services.

Innovative solutions are often requiredto fulfill the rights of marginalized anddisadvantaged children and families.For example, the Government of Indiaand UNICEF have partnered in an out-reach initiative that has brought morethan 300,000 disadvantaged children to school, using techniques such asmobile learning centres to allow hard-to-reach children access to education.

Accountability: Under a human rights-based approach, children and womenare recognized as holders of rightsrather than objects of charity. Statesparties, the signatories of the two con-ventions, have a duty to work towardsthe realization of human rights for all itscitizens. The most vulnerable, notablychildren and women, are afforded special protection under human rightstreaties and frameworks. Empoweredcitizens and the treaty bodies can holdgovernments to account for violationsof human rights, and assess theirprogress towards implementing humanrights accords. In practical terms, thehuman rights-based approach involvesassisting all levels of the community

and society to meet their obligations to children and women. In Colombia, for example, UNICEF has supported aseries of policy and accountability forain which local elected officials werequestioned about their achievementsand challenges in the implementation of children’s rights.

Indivisibility: All human rights areindivisible and interdependent, whichimplies that no single right should beprioritized over another. For children,indivisibility means ensuring that therights of the ‘whole child’ are metthrough addressing their physical, psychological, developmental andspiritual needs, and not just concen-trating on the provision of essentialservices such as basic health careand education. It also necessitatesworking in partnership with otherorganizations with complementaryskills and expertise to meet theseneeds. The human rights-basedapproach has led to greater emphasison such broad-based concepts asearly childhood development, the continuum of care for maternal, new-born and child health and a protectiveenvironment for children. It has alsowidened the range of core commit-ments to children in emergencies,including education, child protectionand psychosocial therapy and coun-seling for those affected by naturaldisasters, pandemics, or armed conflict. In Viet Nam, for instance, the steady application of a humanrights-based approach to developmentcooperation has resulted in officialsdeveloping integrated and holisticinter-sectoral policies for health, education and protection.

Participation: Central to the humanrights-based approach is the premisethat development cooperation is moreeffective when the intended end users –

The human rights-based approach to cooperation for children and women

CELEBRATING 20 YEARS OF THE CONVENTION ON THE RIGHTS OF THE CHILD 13

THE TIMELESS RELEVANCE OF THE CONVENTION

both individuals and communities –participate in their planning, imple-mentation and evaluation. Individualand community empowerment is bothan object of, and a means to, the realization of human rights. Adapting programmes to the local context has been shown to be critical to their acceptance, expansion and sustainability.

For example, in Rwanda, the Govern-ment and UNICEF have supportednational and local institutions in under-taking grass-roots consultations withchildren on the national EconomicDevelopment and Poverty ReductionStrategy. This process led to children’srecommendations making their wayinto the final document.

Addressing disparities in child rights The human rights-based approach tocooperation provides a holistic andintegrated framework for addressingdisparities in the realization of childrights. In recent years, it has becomeincreasingly evident that the depriva-tions of children’s rights to survival,development and certain types of protection (e.g. child labour) are large-ly concentrated in certain continents,regions and countries. Within nations,there are also marked disparitiesamong children in the realization oftheir rights on the basis of householdincome, geographic location, ethnicity,gender and disability. Increasing accessand providing essential services tomarginalized and excluded populationis critical to fulfil children’s rights tosurvival and development.

The rights-based approach addressesdisparities through identifies the mostvulnerable and excluded areas andgroups within countries, through withutilising of the direct, underlying caus-

es and basic causes of the disparitiesthey face in survival, development andprotection. This approach also helpsarticulate the claims of the poor and marginalized throughadvocacy and social mobilization. Itdemands accountability on the part of duty bearers to fulfil the rights ofwomen and children, and ensures thattheir claims are codified in national andlocal legislation and policies and sup-ported by adequate budgets. It alsoseeks to leverage resources – financial,human, information or material – in support of policies to reduce dispari-ties to the maximum extent possiblegiven a country’s level of development.

The Good Start in Life Program in Peruis an example of a human rights-basedprogramme addressing the directcauses of disparities – in this caseinadequate access to quality healthcare and information on improvednutritional and hygiene practices thatcontribute to high rates of stunting and micronutrient deficiency amongchildren under three from the poorestindigenous populations in the Andeanhighlands and the Amazon forest ofthat country. The application of a cost-effective package of interven-tions including growth monitoring,nutritional and health care guidance to mothers, micronutrient supplemen-tation and hygiene promotion, togetherwith strong community involvement,helped reduce rates of stunting from54 per cent in 2000 to 37 per cent in2004, and decrease vitamin A deficien-cy from 30 per cent to around 5 per cent over the same period.

Programmes and policies also aim to address the underlying and basiccauses undermining rights fulfilment.For instance, disparities in income can be addressed through povertyreduction strategies, including social

protection measures such as cashtransfers to poor households to sup-port spending on social goods such ashealth care and education for children.Such programmes are commonlyfound in Latin America, with the mostwell-known examples being Brazil’sBolsa Escola initiative and Mexico’sOportunidades programme. But otherregions are also making strides in pro-viding income support programmes:for example, Malawi has introduced a cash transfer scheme in six districtsto provide support to orphans and vulnerable children and child-headedhouseholds in particular.

Gender inequality can be addressed by increasing awareness of discrimi-natory practices and promoting legaland social reforms. Disparities in theprovision of essential services due togeographical location can be reducedby applying integrated services andmobile services. For example, in southern Sudan, child immunizationprogrammes have been successfully combined with cattle vaccinationagainst rinderpest. Expanding educa-tional opportunities to mothers is pivotal to improving children’s survivaland development, as research hasshown that educated women are lesslikely to die in childbirth and are morelikely to send their children to school.

A key challenge ahead is to monitor and evaluate the effectiveness ofhuman rights-based programmes, notonly in producing better outcomes forchild survival, development, protectionand participation but also in transform-ing attitudes, practices, policies, lawsand programmes that support the fulfil-ment of children’s rights.

See References, pages 90–92.

14 THE STATE OF THE WORLD’S CHILDREN | SPECIAL EDITION

IMPACT

Twenty years ago, South Africa was justbeginning to loosen the grip of apartheid,and many children suffered rights viola-tions – including assault, torture, deten-tion without trial, and restricted accessto health care, education and protection.Institutional segregation was dismantledthrough negotiations between 1990 and1993, and a new constitution was insti-tuted in 1996. On 22 April 2009, the coun-try completed its fourth consecutivedemocratic election.

Child rights at the heart of thepost-apartheid constitutionAfter ratifying the Convention on theRights of the Child on 16 July 1995, thearchitects of the new South Africaembedded its precepts into their coun-try’s constitution. Section 28 of SouthAfrica’s Bill of Rights guarantees chil-dren’s right to an identity, basic services,education and protection within the legalsystem. Other key legislation to protectthe rights of children introduced duringthe post-apartheid era includes the Films and Publications Act, the BasicConditions of Employment Act, theDomestic Violence Act, the Child JusticeAct and the Sexual Offences Act.

The most comprehensive addition to the child rights framework is the 2005Children’s Act and Amendment, whichreinforces provisions in the Bill of Rightsand details the responsibilities of par-ents and guardians. Important provisionsinclude the right of access to stategrants for children over age 16 whohead households, and greater access tohealth care for young people, includingthe right of consent to HIV testing andtreatment.

The challenges of enacting child rights This strong framework is necessary, butnot sufficient, for ensuring that childrenare protected and have the scope to

participate as empowered citizens.Reversing decades of social problemsfostered by apartheid is challenging,particularly in the face of widespreadpoverty, the recent global economicdownturn, and the national and regionalAIDS pandemic.

More than one quarter of the populationis living on less than US$1.25 per day,according to the most recent interna-tional estimates, and the country’sincome distribution is among the mostunequal in the world. In 2007, around 18per cent of adults aged 15–49 were HIV-positive. Among the country’s youth, 4per cent of males and 13 per cent offemales aged 15–24 were living withHIV. An estimated 1.4 million childrenunder 18, or 8 per cent of South Africa’schildren, have lost one or both parentsto AIDS.

Confronting the task ahead The Government of South Africa facesthe challenge of accelerating progresson survival, development, protection andparticipation for the country’s 18 millionchildren. Some essential services haverelatively high levels of coverage byinternational standards. For example,coverage of routine immunization asmeasured by three doses of diphtheria,pertussis and tetanus toxoid vaccinestands at 97 per cent, while 93 per centof the population – and 100 per cent inurban areas – has access to improveddrinking water.

In other areas, faster progress isrequired. The latest international estimates indicate that 14 per cent of primary-school-age children are notenrolled in the appropriate educationlevel; at the secondary level, 30 per centof adolescent boys and 25 per cent ofgirls from the typical age cohort for secondary education are not enrolled.Sanitation facilities are sorely lacking,

with more than one third of urbandwellers and more than half of rural residents still living without access toimproved sanitation facilities.

Fighting the AIDS pandemic and alleviat-ing the associated effects on children is another high priority. Substantialprogress is being made, from preventionto treatment. But given the scale of thepandemic, with 5.7 million people livingwith HIV in 2007, greater efforts at alllevels are urgently required. Violenceagainst children remains at high levels,despite provisions embodied in theChildren’s Act. And around 22 per cent ofSouth African children are not registeredat birth. Birth registration facilitates children’s access to basic services,including child support grants.

In South Africa, children have beenenergetic participants in defence oftheir rights. In 1992, for example, theMolo Songololo organization hosted asummit on child rights attended by hun-dreds of children. Their collective visionwas adopted into the Children’s Charterof South Africa. Children and youngpeople also participated in the draftingof the 2005 Children’s Act, which haschild participation as one of its foundingprinciples.

The South African Parliament andGovernment, at national and local lev-els, are working to raise children’s andparents’ awareness about their rights.And the rights of children and womenare nationally recognized in a compre-hensive framework that provides a firmfoundation for their fulfilment. Bridgingthe gap between rights and meeting the obligations to realize them is thenext step.

See References, pages 90–92.

Child rights in South Africa

22 THE STATE OF THE WORLD’S CHILDREN | SPECIAL EDITION

With 1.33 billion people in 2007, Chinaholds one fifth of the global population –including 342 million children, most ofthem living in rural areas.

China ratified the Convention in March1992, the Optional Protocol on the Saleof Children, Child Prostitution and ChildPornography in December 2002, and theOptional Protocol on the Involvement ofChildren in Armed Conflict in December2007. It has ratified many internationalaccords on child rights and has a strongbody of domestic legislation on the promotion and protection of a widerange of child rights.

During the past two decades, child survival and development in China havesteadily improved. According to the latest UN inter-agency statistics, theunder-five mortality rate was reducedby 51 per cent between 1990 and 2007.An estimated 94 per cent of infantsreceive routine immunization, as meas-ured by coverage of infants receivingthree doses of diphtheria, pertussis and tetanus toxoid vaccine. And, at 3.7 per cent in 2003, the percentage ofinfants with low birthweight is amongthe lowest in the world.

Some disparities remain amidremarkable poverty reductionThe economic transformation that beganin 1978 allowed GDP per capita to growat an average annual rate of 9 per centin 1990–2007. This has generated aremarkable reduction in poverty:Between 1981 and 2004, the proportionof the population who live on less thanUS$1.25 a day was reduced from 85 percent to 27 per cent, and more than half abillion people escaped absolute poverty.

In general, China’s children are benefit-ing from lower material deprivation andbetter access to quality health care andeducation. Enrolment in primary school,

for example, is nearly universal for bothgirls and boys. But as in other middle-income countries, economic advanceshave been uneven, exacerbating dispari-ties among diverse geographical andincome groups. Infant mortality rates, forexample, are almost five times higher inthe most impoverished districts than inthe wealthiest provinces. Similarly,under-five mortality rates for the lowestsocio-economic quintile by area of resi-dence are six times higher than those ofthe wealthiest group.

These disparities are compounded bylimited access to quality health servicesfor those living in poor and rural areasas well as those who are part of a mas-sive population movement. China has anestimated 150 million internal migrants,accounting for more than 11 per cent ofits population. Among those who havemigrated within the country, an estimat-ed 25 million are under age 18, and 58million children have been left behind inrural areas as their parents seek work inthe cities.

A traditional preference for boys hasresulted in a significant increase in thesex-ratio imbalance since the 1980s.Data for 2005 show a sex ratio at birthof 119 boys to every 100 girls, risingfrom 109 in 1982. Although policies havebeen implemented to address this issue,further action, particularly in the area ofsocial protection, is required to reducethe dependence of rural parents ontheir sons for support in old age, sick-ness and other difficulties.

Committing to social developmentthat will sustain child protectionIn 2006, the Government of China adopt-ed a new resolution on building a sustainable and harmonious society,with children included as a main con-cern in the social development process.The resolution is incorporated in the

11th Five-Year Plan (2006–2010), adopt-ed by the National People’s Congress inMarch 2006. The plan also reaffirmedthe Government’s commitment to the2001–2010 National Plan of Action forChildren and Women’s Development.Among the efforts to strengthen publicservices, the national ‘Building a NewSocialist Countryside’ initiative commitsthe Government to providing free com-pulsory basic education and reformingthe public social security system.

Challenges aheadChina faces the challenge of consolidat-ing its gains in child rights and ensuringthat growth is accompanied by diminish-ing disparities. In particular, it faces thetask of meeting the material and protec-tion needs of rural children, childrenaffected by migration, and those living inthe poor areas that are rapidly expand-ing around the major conurbations.

As an emerging international donor toother developing nations, and a majoractor in the international economy, Chinahas an unprecedented opportunity tosupport and promote child rights beyondits borders. Investing in child rights isamong the surest ways to ensure thatChina’s economic and social progress isboth consolidated and deepened inyears to come.

See References, pages 90–92.

Child rights in China

IMPACT

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THE TIMELESS RELEVANCE OF THE CONVENTION

The world’s largest Arab nation, Egypthad an estimated 75 million inhabitants in2007, an estimated 39 per cent of themunder 18. Its landscape is dominated bythe Nile Valley, the Nile Delta and thedesert. Just 5 per cent of its geographi-cal area is fit for human settlement.

One of six countries to convene theWorld Summit for Children in 1990,Egypt ratified the Convention inSeptember of that year. Since then, ithas achieved outstanding gains in theareas of health and education throughample government investment.

Considerable progress in child survival and developmentBetween 1992 and 2008, the under-fivemortality rate declined by two thirds,falling from 85 to 28 deaths per 1,000live births over the period. Neonatalmortality dropped by one half between1992 and 2008; maternal mortalitydeclined to 130 deaths per 100,000 livebirths, largely owing to rising antenatalcare coverage and skilled health per-sonnel attending births.

Public campaigns to promote the use of oral rehydration salts have loweredinfant mortality associated with diar-rhoeal diseases, once among the most serious threats to child survival,while routine immunization reached 98 per cent by 2007.

Although progress in gender parity ineducation has been slower than otherchild development indicators, ratios ofgirls to boys in primary and secondaryschools have shown some improvement.

Disparities remain wideAt the national level, Egypt is on track to achieve most of the MillenniumDevelopment Goals. The provincial level,however, is marked by increasing dispar-ities. The Egyptian Government’s histori-

cally centralized approach to welfareprovision has not always prioritizedextending programmes to rural andremote populations. Upper Egypt, hometo more than one third of the country’spopulation, lags behind Lower Egypt inincome and social development indica-tors. Between 2005 and 2008, whilepoverty declined by 20 per cent national-ly, the reduction in rural Upper Egypt wasaround one third of the national average.By 2008, poverty in rural Upper Egypt wasas high as 40 per cent, more than twicethe national average.

In the sparsely populated areas ofnorthern Egypt, some communities lackaccess to schools, health care andwater. Bedouin children of South Sinaihave a high incidence of wasting, stunt-ing and urinary tract infections, all threepreventable with basic preventive andcurative measures.

Disparities among girls are consider-able, depending on their geographicalresidence and parents’ level of educa-tion, among other factors. In UpperEgypt, for example, the incidence offemale genital mutilation/cutting(FGM/C) exceeds 85 per cent, while inprivate urban schools the rate dipsbelow 10 per cent. According to the2008 Egypt Demographic and HealthSurvey, 24 per cent of girls under 18have undergone female genital mutila-tion, with rates rising to 75 per centamong girls aged 15–17 years.

In 2008, following the death of a 12-year-old girl undergoing genital cuttingthe previous year, the Governmentamended the 1997 child protection law,banning FGM/C and reinforcing the banwith fines and imprisonment for anybreaches. The practice continuesdespite the ban, but it has noticeablydeclined, mostly as a result of publiceducation campaigns.

In addition to banning FGM/C, Egypt’schild protection law prevents childrenin conflict with the law from being triedon the same basis as adults, ensuresbirth certificates for children of unwedmothers, restricts corporal punishmentand raises the earliest age for marriageto 18. Implementation of this protectivelegislation has brought child and youthissues to the forefront, generatingintense debate among conservativeIslamists, moderates and secularistsabout the role of state, religion and families in child welfare.

In one area – water supply – Egypt facesa grave threat to both human and childdevelopment. According to the UnitedNations Development Programme’s EgyptHuman Development Report 2008,” One ofthe greatest challenges facing Egypttoday is the number of rural and urbanhouseholds in need of basic infrastructure(mainly water supply and sewage)”. Aspart of its 2007–2012 national developmentplan, the Government of Egypt has setaside approximately $13 billion to expandwater supply service for all Egyptians, buteven with this massive investment, it isestimated that only 40 per cent of Egyptianvillages will have a sewage system.

Challenges aheadEgypt has many successful past experi-ences on which to base future pro-grammes to meet the needs of all its citizens, especially children and youngpeople. The country still confronts manychallenges – particularly in addressingdisparities and strengthening child pro-tection. Reaching children in remote andrural areas will remain a key challengefor the Government in its attempts to fulfilthe rights of all children. Further progresson child rights will also require greaterinclusion of all domestic stakeholders, aswell as strong international cooperation.

See References, pages 90–92.

Child rights in Egypt

26 THE STATE OF THE WORLD’S CHILDREN | SPECIAL EDITION

IMPACT

The Convention’s impact on public and private institutions

The Convention’s impact on public andprivate institutions, including all threebranches of government – executive,parliamentary and judicial – has beenprofound. Its influence is evident in leg-islative reform initiatives, child-focusedbudget initiatives and social protectionmeasures, in human rights-basedapproaches to programming for womenand children, and in the adoption ofregional child rights charters.

In the private sphere, the Convention ishelping encourage greater awarenessof child rights in business, schools, fam-ilies and communities, with the strongsupport of non-governmental organiza-tions in particular. In the media, too, itseffects are seen in the greater use ofchild rights language and a betterunderstanding of critical issues, in thedevelopment of codes of conduct forreporting on children, and especially inthe greater focus on child protectionissues and violations. And althoughthere is no systematic way to qualifythis impact, there is ample evidencethat it is taking place.

Legislative reform initiativesOver the past two decades, around 70 States parties to the Conventionhave enacted consolidated children’sstatutes as part of law reform efforts to support child rights. Moreover, 12States parties to the Convention haveimplemented these codes in responseto an express recommendation by theCommittee on the Rights of the Child.Most of these codes are based onframeworks for child protection thatencompass a broad range of legal tradi-tions, including civil law, common law,Islamic law and plural law.

In Latin America in particular, frame-works have been introduced that recog-nize the civil and political rights of

children, as well as their economic,social and cultural rights – which tend tocover a substantial portion, if not all, ofthe Convention. In Eastern Europe, espe-cially the countries of the former SovietUnion, the tendency is for child rightsstatutes that are more general in scope,citing an express or implied intention toundergo further reforms in the future.

A number of these States parties haveone or more dimensions of humanrights-based approaches in the designof their statutes. This implies that theyhave an explicit reference to interna-tional frameworks, present children asthe subject of rights with the capacityto claim their rights, and identify dutybearers to implement child rights legis-lation. Other countries make an expressreference to the Convention as a princi-pal aim of their legislation.

Child–focused budget initiatives Implementing the provisions of theConvention on the Rights of the Childhas financial implications for Statesparties. Prioritizing children’s rights inpublic expenditure requires political willand progressive financial commitmentfrom the government. Budget analysisof how policy goals are being realized isan important step towards designingpublic financing mechanism that priori-tized children’s rights.

One example of this type of analysis is in South Africa, where child rightsbudgetary efforts have been led by thenon-governmental organization Institutefor Democracy in South Africa (IDASA).This independent organization monitorsthe public finances, and through itsChildren’s Budget Project assesseswhether government expenditure ishelping the Government meet its obligations to children’s rights and alleviate poverty.

Another example is provided by Ecuador,where a deep economic crisis in 1999threatened social spending. UNICEFEcuador partnered with the Governmentto analyse the impact of budgetary decisions on children, and make recom-mendations on social-sector allocations.The results have led to a regular frame-work for linking social and economicdecision-making.

Human rights-based approach tocooperationThe human rights-based approach to programming is championed by UNICEFand others as a paradigm to ensure thatchildren’s rights are enacted in policy and practice. It has been highly influentialin both industrialized and developingcountries since its introduction in 1999.For more on this framework, see panel,pages 12–13.

Regional child rights chartersRegional bodies have also codified child rights into legislation. The AfricanCharter on the Rights and Welfare of theChild was adopted in 1990. The EuropeanUnion has a convention on the exerciseof child rights, adopted by the Council of Europe in 1996. Although regionalbodies such as the African Union and the European Union cannot ratify theConvention, the strong support they haveshown for its provisions can be seen in their programmes and policies. Forexample, the EU is currently adopting astronger framework of child rights basedon the Convention to ensure that childrenare protected against abuses perpetrat-ed through the Internet.

The private sector The private sector has become anincreasingly important stakeholder ininternational development through globalpartnerships for health, education andHIV and AIDS in particular. This growing

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participation has been recognized by the Committee on the Rights of theChild, which devoted its 2002 day of general discussion to the theme of ‘Theprivate sector as service provider and its role in implementing child rights’.

Like regional organizations, private sector entities cannot sign or ratify theConvention. But they are also demonstrat-ing strong support for the treaty by theiractions, whether as partners in building aprotective environment or in direct supplyof essential services. A noteworthyachievement is the Code of Conduct for the Protection of Children from SexualExploitation in Tourism. This resulted fromcollaboration between private tourismoperators and the global End ChildProstitution, Child Pornography andTrafficking of Children for Sexual Purposesnetwork. The Code commits the tourismindustry to proactively seek ways of pro-tecting children rights, and most of all toensure that children are not exploited forcommercial sexual purposes.

The mediaBy bringing attention to issues affectingchildren, the media have a unique role inrealizing child rights. Greater awarenessof child rights deprivations and violationsis in part due to increased media focus on these issues. For example, the BritishBroadcasting Corporation, the world’slargest public broadcaster, has a dedicat-ed portal on children’s rights and issues on its website.

As the global media industry has expand-ed, advocates for child rights have taken astrong lead in encouraging corporations tofollow ethical standards in their reporting.UNICEF’s Principles for Ethical Reportingon Children and other guidelines have pro-moted such codes to ensure that mediareporting on children does not stereotypethem as victims of abuse and poverty, per-

petrators of crimes or objects of charity. It is also critical that the best interests ofchildren are respected in reporting onthem. In Brazil, the Agency for Child Rightsmonitors how children are portrayed in the media, and issues league tables onnegative portrayal. It also endows awardsto create incentives for sensitive and ethical coverage.

Religious leadersReligious leaders can have an importantrole in ensuring greater realization of chil-dren’s rights. As respected and influentialmembers of societies and communities,they can galvanize actions in favour ofchildren’s survival and development, pro-tection and participation, and challengepractices, customs and norms that dis-criminate against or undermine thesesrights. Throughout history, and across religions and cultures, compassion andcare for children have been strong ethical,moral and spiritual values that denote acommon understanding of the importanceof protecting individuals at their youngestand most vulnerable age.

Across the world, religious leaders areworking as advocates for child rights. Onesuch example is found in Afghanistan,where since late 2001, UNICEF and itspartners have worked closely with religious leaders to expand access to edu-cation for girls and foster improved childsurvival and health. Another example isprovided by Ethiopia, where Muslim,Protestant and Orthodox leaders agreed todevote a ‘religious week’ to the issue ofHIV and AIDS, using their extensive net-works, influence and goodwill to addressthe stigma and discrimination associatedwith HIV.

Non-governmental organizationsNon-governmental organizations areamong the primary agents engaged inactively promoting and realizing children’s

rights. Their numerous efforts spurred andsustained the process that resulted in thedrafting and finalization of the Conventionin the late 1970s and the 1980s. The NGOGroup for the Convention on the Rights ofthe Child, a network of 80 international andnational organizations, was formed in 1983 to promote and actively participate in the drafting of the treaty.

Article 45 of the Convention provides adesignated role for NGOs in monitoring its implementation by States parties. TheNGO Group’s liaison unit, supports theparticipation of non-governmental organi-zations, particularly national coalitions, inthe reporting process to the Committee onthe Rights of the Child. One important areaof work that the unit facilitates is the com-pilation and submission of alternativereports on national implementation of the Convention to the Committee.

Advocates and individualsThe Convention has inspired individuals,both adults and children, to dedicatethemselves tirelessly to promoting anddefending children’s rights. These advo-cates, who range from child activists tointernational celebrities, are instrumentalin raising awareness of critical concernsand vulnerabilities and making direct representations to those in power to seek and effect change.

See References, pages 90–92.

CELEBRATING 20 YEARS OF THE CONVENTION ON THE RIGHTS OF THE CHILD 29

Sierra Leone has experienced steadyimprovement in security and politicalstability since a decade of armed con-flict ended in 2002. Peaceful nationaldemocratic elections were held in 2007,and efforts to strengthen governmentinstitutions and promote reconciliationare being pursued. Economic growthreturned during the post-conflict period,averaging about 7.7 per cent per yearbetween 2003 and 2007, driven mostly bythe agriculture and mining sectors.

Sierra Leone ratified the Convention onthe Rights of the Child in June 1990 andits two Optional Protocols in September2001 (on the Sale of Children, ChildProstitution and Child Pornography) and May 2002 (on the Involvement ofChildren in Armed Conflict). These com-mitments were subsequently enshrinedin national legislation through the 2007Child Rights Act – which supersedes allother national laws and is consideredcompatible with the Convention and theAfrican Charter on the Rights andWelfare of the Child.

Protecting children while restoring securityThe Child Rights Act forms the basis of astronger framework for protecting childrights. However, the road to its imple-mentation is long. The country still lagsin economic, social and human develop-ment. Although richly endowed with min-eral resources, Sierra Leone ranked atthe bottom of 177 countries and territo-ries in the United Nations DevelopmentProgramme’s most recent HumanDevelopment Index. It has been stronglyaffected by the 2008-2009 global eco-nomic downturn, which has curtailedfinancial flows to the country from trade,investment, remittances and aid. SierraLeone has also been listed by the Foodand Agriculture Organization of theUnited Nations as one of the countriesmost vulnerable to food insecurity.

The country’s maternal and under-fivemortality rates are the highest in theworld, and nearly 40 per cent of chil-dren under five suffer from moderate orsevere stunting. Basic and maternalhealth facilities and services and envi-ronmental health infrastructure are inshort supply. One third of infants do notreceive routine immunization in the formof three doses of diphtheria, pertussisand tetanus toxoid vaccine. Nearly 60per cent of women deliver without theassistance of a skilled health attendant.Almost half of Sierra Leoneans have no access to improved drinking-waterfacilities, and roughly 7 in every 10 citizens are without adequate sanitationfacilities. More than 30 per cent of children of primary-school-age are not enrolled in school, and there aremoderate transition rates from primaryschool to secondary and tertiary educa-tion. Barriers to girls’ education includechild marriage – 62 per cent of girlsmarry before age 18, and 27 per centbefore age 15 – and high levels of adolescent pregnancy.

During the past two decades, SierraLeone has faced obstacles in promotingand protecting the rights of its children.Conflict, poverty, gender inequities anddiscriminatory cultural practices com-bine to undermine child rights. Despitethe return of democracy and greaterpolitical stability in Sierra Leone, girlsand women are still exposed to sexualviolence, along with harmful traditionalpractices such as female genital mutila-tion/cutting. More than 90 per cent ofwomen aged 15–49 are estimated tohave undergone FGM/C.

During the decade-long civil conflict,children were recruited by both govern-ment and rebel forces. The Special Courtfor Sierra Leone, set up to try thoseresponsible for the most serious viola-tions of human rights, convicted all nine

defendants – including former presidentCharles Taylor – of recruiting children tofight as combatants. Three defendantshave been convicted of forcing marriageon girls and women, marking the firsttime that a court has upheld such acharge.

Sierra Leone is making strides toincrease children’s participation. TheTruth and Reconciliation Commission forSierra Leone, established to create animpartial documentation of human rightsviolations, has involved children in theprocess and given special attention tothe experiences of children affected bythe civil strife. In the same spirit, in 2001the Government of Sierra Leone formedthe Children’s Forum Network, a child-to-child advocacy organization committedto creating linkages and spreadingknowledge on child rights and responsi-bilities. The Children’s Forum Network iscurrently working in all of Sierra Leone’s13 districts.

Challenges aheadTo make meaningful advances on child survival and development, theGovernment of Sierra Leone, in partner-ship with other stakeholders, faces thechallenge of scaling up such essentialservices as immunization, micronutrientsupplementation, maternal, newborn and child health care, quality educationand environmental health facilities, and developing a national child protec-tion system. These advances requirecontinued stability and peace, and anenvironment supportive of the rights ofwomen and children. Establishing andmaintaining political stability and secu-rity throughout the West and CentralAfrica region will therefore be critical torealizing the rights of children in SierraLeone and its neighbours during theyears ahead.

See References, pages 90–92.

Child rights in Sierra Leone

THE TIMELESS RELEVANCE OF THE CONVENTION

CELEBRATING 20 YEARS OF THE CONVENTION ON THE RIGHTS OF THE CHILD 31

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A ‘child friendly city’ is defined as anylocal system of governance, urban orrural, large or small, committed to fulfilling children’s rights under theConvention. The international ChildFriendly Cities Initiative (CFCI) waslaunched in 1996 to act on the resolutionpassed during the second United NationsConference on Human Settlements(Habitat II) to make cities livable placesfor all. The conference declared that thewell-being of children is the ultimate indi-cator of a healthy habitat, a democraticsociety and good governance.

The initiative reflects the growing urban-ization of global societies, with half theworld’s population now living in cities,and the increasing importance ofmunicipalities in political and economicdecision-making that affects child rights.An international secretariat for ChildFriendly Cities was created in 2000 atUNICEF Innocenti Research Centre inFlorence, Italy. Consistent with the cen-tre’s mission, the secretariat collects,documents, distils and disseminatesexperience on local frameworks toimplement the Convention on the Rightsof the Child and achieve the MillenniumDevelopment Goals.

A child-friendly city aims to guaranteechildren’s rights to essential services,such as health, education, shelter, safewater and decent sanitation, and protec-tion from violence, abuse and exploita-tion. It also seeks to empower young cit-izens to influence decisions about theircity, express their opinion on the citythey want, and participate in family com-munity and social life. It promotes chil-dren’s rights to walk safely in the streetsby themselves, meet friends and play,live in an unpolluted environment withgreen spaces, participate in cultural andsocial events and be an equal citizen of

their city with access to every service,without discrimination of any kind.

The process of establishing child-friendly cities involves the followingnine elements that promote child rights:participation in decision making; achild-friendly legal framework; a city-wide child rights strategy; a child rightsunit or coordinating mechanisms; childimpact assessment and evaluation; achildren’s budget; a regular State of the City’s Children report; advocatingchild rights; and independent advocacyfor children.

During the past decade, a number ofcities and municipalities across theworld have made the political decision to become ‘child-friendly’. Child-friendlycities programmes have been adoptedby many European cities to sensitizemayors and city councils on child rights,ensure that children feature in the localpolitical agenda and promote city-levelpolicies for children. London, forinstance, published its third State ofLondon’s Children Report in 2007. In Italy,the Ministry of the Environment coordi-nates the child-friendly cities initiatives,which have been adopted by manytowns and cities. Child councils are afavoured model of child participation inItaly and other European countries, pro-viding a formal mechanism for children’sviews to be expressed within localadministrations. These councils areoften instigators of child-friendly initia-tives, promoting participatory policy-making and greater mobility and civil engagement of children and young people.

The developing world also has an important number of initiatives. In thePhilippines, child-friendly cities pro-grammes started in the late 1990s. The

initiative has a national dimensionthrough a goal-oriented framework thataims to promote child-rights principlesat every level, from the family throughcommunity to the city or region. Since1998, the national government has been giving ‘Presidential awards’ for child-friendly cities and municipali-ties. In South Africa, the GreaterJohannesburg Metropolitan Council’sinitiative includes the development of aMetropolitan Programme of Action forChildren. The programme empowerschildren to directly influence local laws,incorporates child rights into city plan-ning and allocates major resources tothe city’s most deprived children.

In the Ecuadorian cities of Cuenca,Guayaquil, Quito, Riobamba and Tena,children help define criteria for a child-friendly city. Under the auspices of LaCiudad que Queremos (The City WeWant) initiative, children and adolescents participate in municipaldecisions and promote their own rights.In Georgia, the Children and YouthParliament of Georgia has become aprimary forum for children and youngpeople to express their views, gainskills in governance and raise aware-ness on child rights.

Despite its 13-year history, the ChildFriendly Cities Initiative is still nascent,and many of the initiatives that are underway have yet to be comprehensivelymonitored and evaluated. Yet it remainsa strong step towards fuller and moremeaningful child participation in commu-nity decisions that affect them. Buildingon the progress achieved by the initia-tive will be critical to fulfiling child rightsin a world that is becoming ever moreurbanized.

See References, pages 90–92.

Child Friendly Cities: An international initiative promoting child participation in local government

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India, home to one fifth of the world’schildren, ratified the Convention on theRights of the Child in December 1992.Since then, rapid economic growth,averaging 4.5 per cent annuallybetween 1990 and 2007, has lifted millions out of poverty and combinedwith government action to improvetrends in child survival and develop-ment. According to national sources,the national under-five mortality rate fellsharply from 117 per 1,000 live births in 1990 to 72 in 2007. Use of improveddrinking water sources rose from 62 per cent in 1992–1993 to 88 per cent in2005–2006. Primary school attendancerates for girls 6–10 years old climbedfrom 61 to 81 per cent over the sameperiod, helping lift the gender parity ratefor primary education from 0.82 to 0.96.

Deprivations and disparities remainlarge, despite economic progressDespite this marked progress, manychallenges for realizing child rights inIndia remain. Partly because of itsimmensity, India experiences child rightsdeprivations in greater absolute numbersthan any other country. Each year, 1 mil-lion newborns die during the first monthof life; another million die between 29days and five years. Almost 55 millionchildren under five are underweight fortheir age. In excess of 20 million childrenof primary school age are not attendingschool. More than 40 per cent of the pop-ulation currently lives on less than $1.25per day, 128 million people have noaccess to improved drinking-watersources, and a staggering 665 milliondefecate in the open.

Rising incomes have been accompaniedby widening disparities in income, education, access to health care anddevelopment outcomes. The 2005–2006National Family Health Survey showssharp divergences in access to essentialservices and key development outcomes

across caste, ethnic, gender and wealthstrata. These disparities extend to childprotection, given the country’s moderaterate of birth registration (69 per cent)and high rate of child marriage. Despitelegislation prohibiting child marriage, thelatest household surveys indicate that anestimated 47 per cent of women aged20–24, and 16 per cent of men aged20–49, were married or in union beforeage 18. In addition, the country’s skewedsex ratio at birth and high level of childlabour remain significant challenges.

Concerted efforts are yieldingresultsThe Government of India, its partners anda multitude of non-governmental organiza-tions have made determined efforts toreduce child deaths, expand access tohealth care and get children into primaryschool. The country is also making head-way towards identifying child protectionviolations and creating legal means ofredress. It is beginning to address materialdisparities by targeting essential servicestowards marginalized groups such asscheduled castes, scheduled tribes (theindigenous peoples, or Adivasis) and oth-ers who suffer entrenched discrimination.A National Commission for the Protectionof Child Rights was established by theGovernment in March 2007 to monitorproper enforcement of child rights. In addition, a comprehensive plan called theIntegrated Child Protection Scheme hasbeen set up to protect vulnerable children.

Women-led and women-focused organi-zations are thriving in India, which ishome to some of the world’s most inno-vative institutions empowering women inthe community, the workplace and gov-ernment. Similarly, non-governmentalorganizations and voluntary groups havefor decades been among India’s mostenergetic advocates for child rights. Anexample is Balkan-Ji-Bari. Founded in1923, this organization has become a

recreational and educational institutionfor impoverished Adivasi children, pro-viding vocational training, vaccinationsand other services.

Young people are showing the way toovercoming some of the key obstacles tofulfilling child rights. In 1990, child labour-ers involved with the Concerned forWorking Children organization launchedtheir own association – Bhima Sangha,which has become an international modelfor children’s participation. Beginning in1997, Bhima Sangha has establishedmakkala panchayats, or children’s coun-cils, that run parallel to adult councils. In the state of Kerala, the government has institutionalized child participationthrough Bala Sabhas or children’s neigh-bourhood groups. There are 45,417clubs in the state, with around 800,000participants.

Challenges aheadWidespread and entrenched exploita-tion, gender discrimination, caste biasand other social problems in India willnot be overcome overnight, and it isuncertain how the 2008–2009 global fuel,food and economic crises will affect thecountry’s social progress. As all threethreaten to undermine India’s economicgrowth, there is a grave risk that theshare of people living in absolute povertywill increase, possibly slowing or evenstalling recent moderate gains in childsurvival, health and education.

The Government of India and otherstakeholders are working towards fulfill-ing child rights – and young peoplethemselves are voicing their prioritiesand embracing community involvement.Their continued participation and leader-ship will be critical to achieving contin-ued human progress in India during theyears to come.

See References, pages 90–92.

Child rights in India

62 THE STATE OF THE WORLD’S CHILDREN | SPECIAL EDITION

RISKS

History has shown that children andwomen are particularly vulnerable toeconomic turmoil. Financial and econom-ic shocks in developing countries prior tothe 2008–2009 global economic crisishave led to higher under-five mortalityrates, lower school enrolment, risinginsecurity and children forced to work indangerous environments. Reductions inpublic expenditure on health and educa-tion have driven children and their fami-lies into poverty traps that are not easilyescaped once the crisis has passed.

There have been growing concerns thatthe 2008–2009 global economic crisis,compounded by recent food and fuelprice instability, could result in risingpoverty and undernutrition in developingcountries. As this report goes to press inAugust 2009, the global economic outlookremains exceptionally uncertain, despitesigns of improving forward-looking eco-nomic indicators in recent months.

The full impact of the crisis on childrights will not be evident for some time,and will only become apparent as newinternational estimates of global poverty,child development and nutrition emerge.Appropriate policy responses arerequired to protect child and familiesfrom the consequences economic crises.

Ensure adequate nutrition forfamilies. Although international foodprices have declined since peaking in2008, they remain high relative to theirlong-term trends. In many developingcountries, domestic food prices remainfar above historical levels. Measures tosafeguard the nutritional status of fami-lies in times of economic crisis includedirect supplementation measures –such as therapeutic foods for youngchildren – and supporting measures toensure access to essential micronutri-ents, improved environmental healthfacilities, quality healthcare, and

promote best practices for hygiene,food preparation and storage. Nutritionmonitoring should also include apprais-al of the direct and underlying factorsdetermining child growth and nutrition.

Protect budgets for essentialservices. Safeguarding, and evenincreasing, social budgets should be an integral component of countries’responses to shocks. Missing the win-dow of opportunity to invest in childrenhas clear adverse implications for children’s survival and developmentprospects. It can also limit a nation’sfuture growth potential. Analysis ofdata from 120 developing countries for the period 1975–2000 indicates thatincreasing education spending asshare of gross domestic product by 1 per cent over a 15 year period couldlead to universal primary school enrol-ment, while reducing the poverty head-count by around 17 per cent.

Invest in child-sensitive social protection. Effective and comprehen-sive social protection programmes canameliorate the negative impact of eco-nomic crises on poor families. Inresponse to the 1997 Asian financial cri-sis, which followed a severe drought inthe region, the governments of Indonesia,the Philippines and Thailand implementedor strengthened nutrition programmes for children and bolstered access to education by providing scholarships andfunding allocations and undertaking community awareness campaigns.During its 2002 debt crisis, Argentinasought to protect poor households fromthe worst effects by providing incomesupport to unemployed heads of house-hold; this initiative is estimate to have prevented an additional 10 per cent of par-ticipating families from falling below thefood poverty line and lowered the incidenceof extreme poverty across the nation.Renowned and ongoing social protection

initiatives in Mexico (Oportunidades) andBrazil (Programa Saude da Family)have resulted in falling infant mortalityrates and lower rates of poverty.

Despite the well-documented merits ofsocial protection programmes, manydeveloping countries do not have suchsystems in place. According to recentresearch surveying 144 developing coun-tries, 19 of 49 low-income countries and49 of 95 middle-income countries have nosocial safety net programmes, and onlyone third of all countries surveyed hadsome form of cash transfers.

Limit the additional demands onwomen and girls. Empoweringwomen to become key household decision-makers and ensuring that girls and young women have access to quality education and healthcare ispivotal to making social protection effec-tive. Declining government spending oneducation and health associated witheconomic crises can transfer the burdenof service provision on households andcommunities, adding to the already highdemands on women and girls. Womenand girls also bear the brunt of copingmechanisms, including reduced spend-ing on such essential services and com-modities as food, fuel, education andhealth care, and increased time spent on activities that either save or generateadditional income.

Ensuring the rights of children in the cur-rent economic crisis and the recoveryperiod that follows requires making diffi-cult but decisive choices. For the crisisnot to leave a legacy of deprivation forgenerations, the choice has to be tosafeguard, support, and if possible,expand, the essential services, protec-tion and participation that are the right of all children at all times.

See References, pages 90–92.

The global economic crisis: Implications for child rights

CHALLENGES FOR THE CONVENTION IN THE 21ST CENTURY

CELEBRATING 20 YEARS OF THE CONVENTION ON THE RIGHTS OF THE CHILD 63

Humanitarian crises, including naturaldisasters and complex emergencies,compromise children’s rights to survival,development, protection and participa-tion. Complex emergencies can under-mine primary health care systems andphysical infrastructure, jeopardising child nutrition and health. Education, too,suffers; of the estimated 101 million chil-dren of primary school age not attendingprimary school, nearly 60 million live inthe 33 countries currently affected byarmed conflict.

The disruption to the social order causedby emergencies heightens the potentialfor women and children to be exploitedfor economic and sexual purposes.Sexual violence may occur as a byprod-uct of the social disruption or may actual-ly be employed as a weapon of war, andcan leave its survivors with severe andlong-lasting trauma, sexually-transmitteddiseases and unwanted pregnancies.Recent studies in the DemocraticRepublic of the Congo and northernUganda found that children born fromsexual violence are often identified withthe perpetrator and consequently dis-criminated against or neglected.

The changing environment forhumanitarian actionIn the two decades since the Conventionwas adopted, the landscape in whichhumanitarian action takes place hasevolved. Climate change and the bur-geoning global population are increasingcompetition for limited resources, includ-ing access to water, and raising con-cerns about food security. Conflicts areincreasingly characterized by protractedintra-state hostility, with a significantimpact on civilians, including extensiveinternal displacement. About 50 per centof the estimated 26 million people cur-rently displaced by armed conflicts andviolence are children. Disregard for theprotected status of civilians introduces

further risks to children, as does thealarming increase in violence againsthumanitarian aid workers working incomplex emergencies of recent years.

A framework for child rights incomplex emergenciesThe Convention provides a strong leg-islative framework for realizing childrights in humanitarian crises, particularlyarticles 38 and 39, and the OptionalProtocol on the Involvement of Childrenin Armed Conflict. Other internationalnorms for protecting children in emer-gencies have also been strengthenedconsiderably, with a number of UNSecurity Council resolutions, notably res-olutions 1612 and 1820, aimed at endingthe abuse of children and civilians in the context of war. The InternationalCriminal Court has launched proceduresto investigate and try those alleged tohave committed genocide, crimesagainst humanity and war crimes; thefirst such case heard by the court con-cerned the recruitment of child soldiers.

A set of core commitments to child rightsin complex emergencies and post-conflictsituations has emerged to restore accessfor women and children to adequate nutri-tion, disease prevention and control, cleanwater and decent sanitation as soon aspossible. Recent examples of such human-itarian action involving UNICEF in 2008include a measles campaign reachingchildren in Myanmar after Cyclone Nargisdamaged most of the country’s healthfacilities, and provision of safe drinkingwater and gender-sensitive toilets for 320,000 children in 500 schools inAfghanistan, along with training in hygiene,sanitation and health for 2,500 teachers.

Inspired by the Convention and itsOptional Protocols, child protection has become a priority in emergencies.Humanitarian action now includesestablishing child-friendly spaces,

mobilizing communities for child pro-tection, integrating child protection intodisaster preparedness, and advocacyand communication. Ensuring thatnational disaster preparedness plansinclude child protection has become apriority in certain countries prone tonatural disasters, such as Nepal. In theDemocratic Republic of the Congo, morethan 18,000 survivors of sexual violence– a third of them children – have bene-fited from medical and psychosocialcare, legal counselling and socioeco-nomic reintegration programmes.

Restoring access to education in emer-gencies has become an increasinglyimportant component of humanitarianaction over the past decade. Enablingchildren to return to school in commu-nities devastated by violence, war ornatural disasters helps reestablish normal routines and gives them a placeto learn and play. An even greater chal-lenge is rebuilding education systemsin the wake of disaster or conflict andin countries with generally low capaci-ty. In Somalia, which is struggling to re-establish a functioning governmentafter a long period of collapse, 190,300of the country’s estimated 534,000schoolchildren, including more than140,000 children in emergency-affectedlocations, have benefited from reneweddistribution of school supplies.

Post-crisis recovery presents an opportu-nity for societies to build more equitablepublic institutions to realize the rightsof marginalized groups. The internationalcommunity is now accelerating the devel-opment of tools and approaches thataddress not only the immediate crisisresponse, but also recovery and prepara-tion for new emergencies. These effortsprovide an opportunity to ensure that childrights are secured as early as possible.

See References, pages 90–92.

Protecting children’s rights in humanitarian crises

CHALLENGES FOR THE CONVENTION IN THE 21ST CENTURY

CELEBRATING 20 YEARS OF THE CONVENTION ON THE RIGHTS OF THE CHILD 65

Climate change and child rights

The Convention on the Rights of the Childenvisions a world in which children havethe right to survive and grow in a healthyphysical environment. Yet child rights,and children themselves, are rarelyincluded in international and nationaldiscussions on climate change and howto respond to it.

Children are particularly vulnerable to the impact of climate change for severalreasons. First, their stage of physiologicaland cognitive development and innatecuriosity leave them at a heightened riskof exposure to environmental hazards and the potential to be harmed by them.Children are, for instance, more suscepti-ble than adults to the effects of intenseultraviolet radiation, inadequate shelterand indoor air pollution from biomass fuel.

Second, many of the main killers of young children – undernutrition (whichcontributes to more than one third of all under-five deaths), acute respiratoryinfections, diarrhoea, malaria and othervector-borne diseases – are known to behighly sensitive to climatic conditions.

Third, there is increasing evidence thatthe world’s least developed countries arelikely to bear the brunt of climate change.These countries have large child popula-tions. In 2008, under-18s accounted for 47 per cent of the population in theworld’s 49 least developed countries,compared with 21 per cent in the industri-alized countries. Many developing coun-tries suffer from poor physical infrastruc-ture and lack systems to cope with suchclimatic events as drought and flooding.

Fourth, the growing correlation betweencivil strife and climate change is an area ofparticular concern for child rights. A 2007study estimated that 46 countries, with atotal population of 2.7 billion people, mayface a higher risk of violent conflict as cli-mate change intersects with social, eco-

nomic and political stresses. For children,this has consequences of psychosocialtrauma, recruitment into armed forces, dis-placement and forced migration, whichmay in turn lead to family separation andexposure to trafficking and exploitation.

Last, the evidence strongly suggests thatclimate change will make achieving theMillennium Development Goals even more difficult. The Stern Review, a com-prehensive study on the economic impactof climate change commissioned by theGovernment of the United Kingdom in2006, has estimated that climate changecould increase under-five deaths in South Asia and sub-Saharan Africa by40,000–160,000 annually, by reducing economic output in these regions.

The potential loss of livelihood for millionsof families could mean that more childrenwill be needed to support householdincome, making it more difficult for them,especially girls, to attend school. Theincreasing scarcity of water and othernatural resources will place an evengreater burden on girls and women, whoundertake most of the household fuel andwater collection. And the cost of mitigat-ing climate change may leave less moneyfor social spending on health, educationand other social protection programmes.

Children as protagonists in theresponse to climate changeIntegrated, collaborative approaches, withchildren as key partners, are required toface the complex challenges that climatechange poses to child rights. Intersectoralcollaboration in the areas of health, educa-tion, nutrition and public works and withthose agencies and organizations entrust-ed with the care and protection of chil-dren, women, young people and families,will be essential. Gender awareness isalso required to create opportunity, reducevulnerability and empower all citizens. Community partnerships will also be cen-

tral to mitigation and adaptation strate-gies. Empowering villages, towns andneighbourhoods to cope with threats willentail greater investment in traditionalareas of child development, such as nutri-tion, health care, education, and water,sanitation and hygiene. It will also encom-pass innovative interventions to promoterenewable energy sources, such as solarand wind, for cooking, heating and watercollection; to enhance the availability andquality of environmental education inschools and communities; to supportgroups whose livelihoods may be threat-ened; and to improve disaster-prepared-ness for storms, floods and droughts.

Across the developing world, initiativeshave already emerged to address thesechallenges. In Sierra Leone, for example,15,000 young people are participating in avolunteer programme that trains them tobetter run their farms and plots, organizemicro-enterprises and share good prac-tices. In Morocco, a World Bank-assistedproject aimed at reducing the burden ofwater collection on girls has succeeded in raising their net primary school attendance by 20 per cent. In Tajikistan, children are helping to test water quality,using simple, inexpensive testing equip-ment. These examples show how under-taking efforts with children at the centrecan create a better natural environmentand at the same time help children andyoung people realize their rights.

Adapting to climate change can providean opportunity for countries and commu-nities to revitalize their commitments tochildren. Steps must now be taken to miti-gate the effects of climate change andstrengthen mechanisms of preparednessand adaptation. The cost of inaction willbe high; left unattended, climate changethreatens reversals in child survival anddevelopment in the 21st century.

See References, pages 90–92.

66 THE STATE OF THE WORLD’S CHILDREN | SPECIAL EDITION

OPPORTUNITIES

Mexico ratified the Convention on 21 September 1990, and successivenational governments have worked tosupport children’s rights. Despite a majorfinancial crisis during the mid-1990s, thecountry has made steady progress inchild survival, health care and education.According to the latest international esti-mates, the under-five mortality rate hasbeen reduced by one third since 1990,net primary school enrolment and routineimmunization are above 97 per cent, and95 per cent of Mexicans have access to improved sources of water.

Mexico has also been a strong advocatefor child rights beyond its borders. It wasone of the six countries that convenedthe World Summit for Children in 1990,and it has subsequently helped organizeevents to monitor States’ progresstowards meeting their commitments tochildren. Mexico promoted the formula-tion and approval of regional guidelinesfor the protection of unaccompaniedmigrant children in the RegionalConference on Migration covering Northand Central America and the DominicanRepublic. The Government has also provided leadership in chairing the UN Security Council Working Group on Children and Armed Conflict.

Linking child protection to healthcare and other social benefitsWithin the country, multi-sectoral programmes involving a broad range of stakeholders are having a positive impact throughout Mexican society. Forexample, the internationally acclaimedOportunidades programme, which beganin 1997 under the name Progresa,addresses overlapping issues of poverty,ill health, child labour, and school non-attendance and dropout. Oportunidadesdelivers cash transfers to women on con-dition that their children attend periodichealth checks and go to school. By 2008,it had reached 5 million families in all 31

Mexican states and the Federal District,with around one fifth of the recipient fam-ilies living in the impoverished southernstates of Chiapas and Veracruz.

Mexico has also been engaged in innova-tive health programmes. During the past30 years, the country has used the “diag-onal approach to health care” to imple-ment and expand successful initiatives tocombat diarrhoeal diseases, vaccine-preventable diseases and micronutrientdeficiencies. A comprehensive pro-gramme of primary health care for moth-ers, newborns and children – ArranqueParejo en la Vida (Equal Start in Life) –was introduced in 2001 and has reached ahigh level of national coverage. With theaddition of Seguro Popular de Salud, apublic health insurance initiative, maternaland child health became entitlements. In2007, another insurance initiative targetedspecifically at newborns – Seguro Médicopara una Nueva Generación – was intro-duced. And in 2009, universal and freehealth care during pregnancy, childbirthand the post-partum period was launchedas part of a national strategy to furtherreduce maternal mortality.

A diverse country with a federal struc-ture, Mexico continues to be challengedby the complexity of establishing integrat-ed child protection policies and systems.Among these challenges are addressingviolence against women and children,sexual exploitation and child labour. TheGovernment of Mexico has taken impor-tant steps to regularly collect and dissem-inate disaggregated data on child labour,adding a module on the issue to thenational household employment survey.The 2007 survey revealed that 3.6 millionchildren aged 5 to 17 years old – 12.5 per cent of the age cohort – wereengaged in child labour, including 1.1 mil-lion children under 14, the legal minimumage of employment. Nearly 42 per cent ofworking children do not attend school.

Complex challenges across thecountry’s statesMexico’s southern region presents someof the greatest child rights challenges.Home to the majority of the country’sindigenous communities – more than 60ethnic and linguistic groups – it accountsfor most of the 20 per cent of Mexicanswho live in absolute poverty. Violenceperpetrated by organized criminal ele-ments has added to the dangers alreadyposed by ongoing civil conflict here,especially disputes over land rights. Aseach indigenous community has its ownpressing issues, applying human rightslegislation uniformly remains a complextask, which the Committee on the Rightsof the Child has recognized in its respons-es to the periodic reports submitted byMexico since 1990.

Mexico is advancing in its efforts tobring state legislation on child rightsinto line with national and internationallaw. Its third periodic report to theCommittee pointed to the progress individual states are making in ensuringchild health, improving domestic andfamily law, and strengthening child protection.

Hard hit by the global economic crisis,and with violence an urgent concern,Mexico faces a triple task: addressingthe disparities that deny children inimpoverished and marginalized commu-nities their rights, strengthening childprotection systems at the local andnational level, and sustaining the overallgains in provision and protection thathave been accomplished through itsnational and targeted initiatives. Furtherinnovation and commitment to childrights will be required to address thesechallenges in Latin America’s secondlargest country.

See References, pages 90–92.

Child rights in Mexico

CELEBRATING 20 YEARS OF THE CONVENTION ON THE RIGHTS OF THE CHILD 69

CHALLENGES FOR THE CONVENTION IN THE 21ST CENTURY

In 1992, when the signing of a peaceagreement brought an end to 15 yearsof bitter civil strife, Mozambique rankedas the poorest country in the world.Since then, political stability and demo-cratic governance have paved the wayfor sustained socio-economic develop-ment, and Mozambique is now recog-nized as an example of post-war recon-struction and economic recovery inAfrica. The country held its first demo-cratic elections in 1994, the same year it endorsed the Convention; its thirdpeaceful national elections took place a decade later.

The economy has grown rapidly overthe past decade, with gross domesticproduct for 2008 expected to exceed 6 per cent. The national poverty rate, anestimated 69 per cent in 1997, measured54 per cent in 2003, the latest year forwhich comprehensive data are avail-able. Progress in political and economicstability has been accompanied byimproved human and social develop-ment. The country’s under-five mortalityrate dropped from 201 deaths per 1,000live births in 1990 to 168 per 1,000 in 2007.Net primary school attendance rose to 99 per cent in 2008. Despite theseadvances, Mozambique remains impover-ished – 75 per cent of its population livedon less than US$1.25 per day in 2005 –and continues to face such obstacles asrecurrent natural disasters and the AIDSepidemic; an estimated 1 in every 7 peopleaged 15–49 were HIV-positive in 2007.

Creating a protective legal framework for children During the past two decades,Mozambique has shown a steady com-mitment to harmonizing national legisla-tion with regional and internationalhuman rights instruments. Besides ratifying the Convention, on 26 May1994, and its two Optional Protocols, thecountry has also ratified CEDAW, the

African Charters on Human andPeople’s Rights (and its protocol onwomen’s rights) and the African char-ters on the Rights and Welfare of theChild. The national constitution adoptedin 2004 places particular emphasis onchild rights, setting a new legal and policy framework for children. Underthe constitution, all actions concerningchildren, whether by public bodies orprivate institutions, must take the ‘bestinterests of the child’ into account.

A comprehensive legal reform to updatenational legislation and bring it into linewith the Convention and other humanrights treaties has already resulted inmajor changes, such as an expansionof the period of free birth registrationfrom 30 days to 120 days after a child isborn, and adoption of a Family Law thatarticulates new legal standards forparental responsibilities, guardianship,adoption and inheritance rights, andraises the age of marriage from 16 to 18 years. The Children’s Act, adoptedin 2008, effectively translates theConvention’s articles into national child rights legislation and outlines theresponsibilities of all stakeholders inrealizing these rights. The 2006–2010National Action Plan for Children aimsto develop and coordinate activities by key stakeholders; its objectives and targets are based on the recom-mendations of the 2001 African Forumon Children and the 2002 UN SpecialSession on Children. The MultisectoralPlan for Orphaned and VulnerableChildren addresses the specific needsof this growing population; the numberof orphans was estimated at 1.5 millionin 2008, of which about 510,000 wereorphaned by AIDS.

From legislation and plans toaction and resultsThe main challenge now facing theGovernment is to translate new

legislation into effective programmes.Advances are already apparent in anumber of areas. In 2009, the Council ofMinisters approved the creation of aNational Child Council, an independentbody entrusted with coordinating imple-mentation of child rights. Furthermore,special children’s court divisions havebeen established in six provinces toattend to child justice issues. Since2006, a national birth registration cam-paign has helped register 4.4 millionchildren; the campaign will continueuntil 2011, aiming to achieve universalregistration by that deadline.

Challenges for realizing children’srightsPoverty and disparities are perhaps thebiggest challenges to the realization ofchild rights in Mozambique. Fightingpoverty has been at the top of theGovernment’s agenda during recentyears. To be successful, however,scarce budget resources must be allocated equitably to sectors that contribute to children’s well-being anddevelopment – especially education,health care, water, sanitation and social protection. Within sectors, theequitable allocation of resourcesacross provinces and programmes isalso crucial to reducing disparities.

Scaling up basic services and socialprogrammes for children is pivotal toreducing the incidence of child povertyand securing children’s rights. The con-certed efforts of government, donors,civil society, the media, the corporatesector, families and communities will benecessary to ensure that consistentaction is taken to meet the promise ofthe Convention for all Mozambique’s 11 million children.

See References, pages 90–92.

Child rights in Mozambique

CHALLENGES FOR THE CONVENTION IN THE 21ST CENTURY

CELEBRATING 20 YEARS OF THE CONVENTION ON THE RIGHTS OF THE CHILD 71

Serbia has undergone a profound trans-formation since the cold war ended 20years ago, and despite enduring morethan a decade of political turmoil, it ismaking steady progress in improving outcomes for children in primary healthcare and education.

At just 8 deaths per 1,000 live births in2007, its under-five mortality rate is oneof the lowest in the CEE/CIS region.Routine immunization, measured by thepercentage of infants receiving threedoses of diphtheria, pertussis and tetanustoxoid vaccine, stood at 94 per cent.Almost 99 per cent of its population has access to improved drinking-water facilities, and 92 per cent have access toadequate sanitation. Education is readilyaccessible, with net primary schoolattendance at 98 per cent in 2000–2007,and net secondary school attendance at90 per cent for both girls and boys.

Children still vulnerable to socialexclusion and lack of parental careDespite these gains, poverty, disparitiesand high levels of social exclusionamong vulnerable groups remain press-ing concerns. Children living in ruralareas and the less developed parts of the country are at risk of being excludedfrom essential services and protectionnot only because of income but alsobecause of sociocultural poverty and dis-crimination. More than 155,000 childrenare living below the national poverty line,with a similar number at risk of fallinginto poverty. Among the Roma, one of the country's largest ethnic minorities,under-five mortality is more than threetimes higher than the national average.

In addition, in its concluding observationson child rights in Serbia in 2008, theCommittee on the Rights of the Childexpressed concern regarding the largenumber of Serbian children with disabili-ties who remain institutionalized. Research

shows that children living in institutionsare particularly vulnerable to neglect,abuse and violence and that these risksmay increase for those who also live withdisability. A recent study of the situation in Serbia by Mental Disabilities RightsInternational found that children with dis-abilities in residential care are segregatedfrom society and forced to live in insti-tutions throughout their lives. They oftenlack skilled caregivers and are not inte-grated into the education system.

Establishing a framework of protectionThe Government of Serbia has developednational strategies and action plans toreduce the risk of social exclusion. Theoverall framework for enhancing childprotection is based on the Convention onthe Rights of the Child and incorporateskey strategic documents, includingSerbia’s Poverty Reduction StrategyPaper and its National Plan of Action forChildren. The plan of action sets targetsto reduce child poverty, provide qualityeducation, protect the rights of childrendeprived of parental care and establish acomprehensive system of protection fromviolence, abuse, exploitation and neglect.

The Government of Serbia is also imple-menting strategies to care for and pro-tect vulnerable children. The 2007–2015Strategy for Improving the Position ofPersons with Disabilities includes pro-grammes aimed at expanding access to essential services, protection andparticipation for children living with disability, while the framework of the2005–2015 Roma Decade focuses onsocial protection for Roma children. Ajuvenile justice code adopted in 2006outlines provisions to protect childrenwho are in conflict with the law.

Galvanizing reformFor the past five years, the Governmentof Serbia has taken steps towards

reforming its social protection systemthrough its Social Welfare DevelopmentStrategy. Deinstitutionalization is one ofthe main goals of the reform process,which requires setting up a network ofcommunity-based social services, withcorresponding standards to ensurequality of care. Positive trends havebeen observed since implementation ofthe plan; for example, the number ofchildren without parental care in resi-dential institutions has been reduced,with a corresponding increase in fosterplacements. The deinstitutionalizationof children with disabilities, however, isstill nascent.

To galvanize the reform process, theMinistry of Labour and Social Policyrecently signed a memorandum of under-standing with UNICEF. The four mainstrategic goals include transformation ofall residential institutions for children;new standards of accountability for pro-fessionals for protection of child rights;inter-municipal, decentralized plans forcommunity-based support services forfamilies and children; and the establish-ment of specialized foster care for children with disabilities.

The Government of Serbia is makingdetermined strides to promote and protect the rights of the child, despiteemerging pressures from the globaleconomic crisis. In addition to thereform of its social protection system, it is seeking to build a national childprotection system that connects legis-lation, budgets, policies, programmesand research. A major challenge lies in implementing this inter-sectoralapproach to ensure access to the continuum of services, protection andparticipation for all children, particularlythose who are currently excluded dueto discrimination, neglect and poverty.

See References, pages 90–92.

Child rights in Serbia

72 THE STATE OF THE WORLD’S CHILDREN | SPECIAL EDITION

OPPORTUNITIES

Whenever measures of social progressor human development are published, itis usual to find Sweden – along with itsNordic neighbours, Denmark, Finland,Iceland and Norway – close to the top.All five nations rank among the top 15 in the United Nations DevelopmentProgramme’s Human DevelopmentIndex 2008 (based on 2006 data), with Sweden in seventh place. Thecountry ranked first in the EconomistIntelligence Unit’s Democracy Index2008 and third best in TransparencyInternational’s Corruption PerceptionsIndex for the same year.

Sweden’s high level of social develop-ment reflects a democratic and stablepolitical system and high standards ofliving. In 2006, GDP per capita, in pur-chasing power parity terms, stood atUS$34,000. A sound health-care systemhas reduced mortality rates at all levelsto low rates. The latest UN inter-agencyestimates show the under-five mortalityrate for 2007 at 3 deaths per 1,000 livebirths and the lifetime risk of maternalmortality at 1 in 17,400. Education is universal at both the primary and secondary levels.

A strong supporter of the Conventionwhile it was being drafted, Sweden wasone of the first countries to ratify thetreaty, on 29 June 1990, and has also ratified its two Optional Protocols. Thecountry’s focus on meeting children’sneeds and fulfilling their rights predatesthe Convention, however. Since the early1970s, it has been actively committed toproviding children with necessary careand support, especially in health andeducation, through innovative, well-resourced government policies and programmes. Abroad, the SwedishInternational Development CooperationAgency has a long history of engage-ment and investment in child rightsacross the developing world.

Among the 30 member states of theOrganisation for Economic Co-operationand Development, Sweden spends themost on the preschool child. And it wasthe only country of 25 with comparabledata to achieve all 10 benchmarks forearly childhood care and education in a 2008 study by UNICEF’s InnocentiResearch Centre.

One example of this attentiveness tochild rights is the Swedish Government’sEarly Childhood Education and Care pro-gramme, which has been given high pri-ority during recent decades and forms acornerstone of family policy. Researchhas consistently shown the benefits ofearly childhood care, which is stronglyadvocated in General Comment No. 7 tothe Convention. Pedagogic activitiesand stimulation form a strong foundationfor development and learning and con-tribute to better educational outcomes inprimary, secondary and tertiary levels –which in turn support higher averageearnings and better living standards. Toencourage such early childhood devel-opment, parents in Sweden have a rightto take more than two years of tempo-rary leave to care for infants and young children. In addition, the EarlyChildhood Education and Care pro-gramme helps working parents balanceparenthood with work and studies.

This programme and other child-friendly initiatives are the responsibili-ty of the Ministry of Health and SocialAffairs, one of whose functions is toensure that child rights are consid-ered in all areas of government policyand public affairs affecting childrenand young people. To this end, in 1999 the Swedish Parliament adopted anational strategy for the implementationof the Convention. The objective of thisapproach is to foster respect for theprinciples that underpin the Convention;provide essential services, protection

and opportunities for development; pro-tect children against harm and neglect;and encourage their participation in thecommunity and throughout society.

To further protect child rights, theGovernment of Sweden has appointed achildren’s ombudsperson to represent the interests of children and young peo-ple and monitor compliance with theConvention at all levels of society. Eachyear, the ombudsperson submits a reportto the Government on the situation of thecountry’s children and young people,highlighting the opportunities and obsta-cles encountered in fulfilling their rights.

This firm framework for child rights isnot without its challenges. Like otherindustrialized countries, Sweden isexperiencing an increase in the numberof children and young people who suf-fer from psychological distress andobesity. In its concluding observationsto the country’s fourth periodic report,presented in 2007, the Committee on theRights of the Child expressed concernat the broad disparities among munici-palities, counties and regions in theimplementation of the Convention, andrecommended that the Governmentstrengthen measures to guaranteeequal access and availability of servic-es for all children, regardless of wherethey live. Sweden has also experiencedsignificant immigration during recentdecades and faces the task of ensuringthat the rights of immigrant children aremet. Strengthening mechanisms toaddress the rights of children belongingto vulnerable groups – including unac-companied, refugee and asylum-seekingchildren – is a relatively new challenge,one that Sweden is well placed to con-front, given its legacy of respect for andcommitment to child rights.

See References, pages 90–92.

Child rights in Sweden