ESSAYSNo. 9

United Nations Children's FundInternational Child Development Centre

Florence, Italy

A HUMAN RIGHTSCONCEPTUALFRAMEWORK FOR UNICEFMarta Santos Pais

A HUMAN RIGHTSCONCEPTUAL FRAMEWORK FOR UNICEF

by Marta Santos Pais

DirectorDivision of Evaluation, Policy and Planning

The opinions expressed are those of the author and do not reflect the policies or views of UNICEF

Marta Santos Pais, Director, Division of Evaluation, Policy and Planning

Cover photograph: UNICEF/HQ98-0277/Roger Lemoyne

Designed byBernard Chazine - Siena, ItalyPrinted by Arti Grafiche Ticci - Sovicille (Siena), Italy

Copyright © 1999UNICEF International Child Development CentrePiazza S.S. Annunziata 12 - 50122 Florence, Italy

ISBN: 88-85401-42-2May 1999

CONTENTS

FOREWORDMary Robinson, United Nations High Commissioner for Human Rights

I. UNICEF IN THE UNITED NATIONS UNIVERSE

1. UNICEF, the leading agency for children2. The foundation for UNICEF’s human rights approach3. A summit and convention focusing on children4. Children’s rights – a concern for the UN system5. UNICEF’s mandate for human rights

II. THE CONVENTION ON THE RIGHTS OF THE CHILD

1. Most widely accepted human rights convention2. A new ethical attitude towards children3. Universality of the human rights of children4. A comprehensive philosophy – a practical guide5. The Convention creates a system of State accountability6. The role of the family in promoting the enjoyment of children’s rights 7. A system of international cooperation and solidarity8. Children at the centre of development9. Operationalization of a human rights approach in development cooperation

III. IMPLICATIONS FOR UNICEF’S WORK

1. CRC and CEDAW as decisive references2. UNICEF is well placed to pursue this mandate3. Implications for UNICEF’s country programmes

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I warmly welcome the explicit reaffirmation of theUnited Nations Children’s Fund, UNICEF, to baseits work on the Convention on the Rights of theChild, and this important position paper whichdescribes that decision and its implications withclarity, knowledge and understanding. UNICEF’sadoption of the Convention as the basic referencefor its work is a major step forward in convertingthe undertakings of international law into day-to-day reality for children.

UNICEF is to be commended for its strong sup-port for the Convention through its drafting phaseand the campaign to achieve universal ratification.UNICEF continues to provide crucial assistance tothe Committee on the Rights of the Child and, onthe country level, to those assisting in preparingsubmissions to the Committee.

This position paper shows clearly the impact ofadopting a rights-based approach to UNICEF’swork. The rights of every child must be analysedand a response provided. This helps direct the focusto those children who are too often invisible; thepoor, those belonging to minorities or those livingin neglected rural areas. The recognition that eachchild has an individual right to access to education,for example, is a significant shift in the debate overmethods of delivery and must have an importantimpact on how resources are allocated. Further, theConvention requires that all the rights of the childbe addressed in a holistic approach which recog-nizes the child as a human being with growingcapacity and responsibility in decisions affectingher or his life.

The rights-based approach, which is beingadopted by other United Nations programmes,means describing situations not in terms of humanneeds, or areas for development, but in terms of theobligation to respond to the rights of individuals.This empowers people to demand justice as a right,and not as charity. And legitimizing those demandsprovides balance against other, less positive, forces.

This also implies the direct involvement of peoplein decisions relating to their own development.Internationally, a rights-based approach providesthe community with a sound moral basis on whichto claim assistance and to advocate a world eco-nomic order respectful of human rights.

UNICEF, by adopting the Convention as thebasic framework for its work, responds to the spe-cial responsibility placed on it by the text of theConvention itself. Not only does this significantlyincrease the forces working for the Convention, butit forms the basis for increased cooperationbetween UNICEF and the Office of the HighCommissioner for Human Rights. OHCHR, partic-ularly in its technical cooperation programme, hasmany activities aimed at the implementation of theConvention and the impact of these will beenhanced by strengthened cooperation withUNICEF.

The Convention on the Rights of the Childincludes the express obligation of internationalassistance for the realisation of its rights. The morefortunate are called upon to assist the less fortunateas an internationally recognized responsibility.UNICEF, with its networks in developed and devel-oping countries is particularly well-suited, with itscapacity for advocacy and mobilization, to achievethis objective.

The challenges which face us all in improvingrespect for the rights of children no matter wherethey live is daunting, but the commitment ofUNICEF to the Convention on the Rights of theChild, and the possibilities for working together,enable us to face these challenges with increasedexpectations for success.

Mary RobinsonHigh Commissioner for Human Rights

Geneva, May 1999

FOREWORD

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1. UNICEF, the leading agency for children

The United Nations Children’s Fund, UNICEF, isthe leading agency for children within the UnitedNations system. Its role in the protection of chil-dren’s lives over the past 50 years makes it an essen-tial reference for political authorities, developmentinstitutions, research centres, community organisa-tions, as well as families and children all over theworld. Its commitment to children in times of peaceand in times of war, to promote consensus, toencourage action, to advocate in favour of the mostdisadvantaged and shed light on the forgotten, arenow hallmarks of UNICEF’s identity. Already activein emergency and development activities for years,in the last decade UNICEF has become an essentialactor in the field of children’s rights.

This evolution is a very natural transition for anorganisation so active in development activities andso concerned with the situation of children andwomen; an organization which has, to some degreealready been implementing human rights standards.The fact that we could do more and do it better ledto the development of this conceptual framework –a roadmap of sorts to address the basis forUNICEF’s human rights work and, in turn, theexpectations that flow from the adoption of a sys-tem-wide human rights approach. In outlining thelegal and moral foundation for UNICEF’s humanrights approach, the paper also attempts to draw thecommon ground between traditional developmentthinkers and human rights advocates, an area whichstill presents challenges and provokes debate in theUN and beyond. In reality, of course, there is nodichotomy between human rights and development.

Human rights are not simply an “attachment” oneadds to development. Rather, they should inform andguide development policies. Human development isonly meaningful and sustainable when it is designedto ensure the realization of human rights.

First it must be clear that human rights are notjust an ‘option’ in the United Nations system. Theyconstitute the very foundation of the work of the UN,and have been identified by the UN Charter as one of

three basic purposes of the organization. Humanrights are relevant for both the normative and opera-tional activities and all UN agencies and bodies arerequired to periodically assess the impact of theirpolicies and strategies on the enjoyment of humanrights, as stressed in the Vienna Conference onHuman Rights and the 1998 ECOSOC session.

Second, human rights are neither abstract norsome remote set of inspirational principles. Theyhave a tangible meaning and a relevance to every-day life; they need to be practised and experienced.They have clear implications for what needs to bedone towards their effective realization, andtheway this needs to be achieved with the active andfree participation of individuals.

Third , all human rights, civil, political, eco-nomic, social and cultural are inherent to thehuman dignity of every person. They have beenrecognized and reaffirmed in universally acceptedstandards, from the Universal Declaration onHuman Rights to the almost universally ratifiedConvention on the Rights of the Child. They do notconstitute an option, they are not open to a free andarbitrary interpretation and cannot be referred toonly within an environment of like-minded part-ners, governments or organizations.

Finally, human rights are not neutral. They standfor clear values and they require commitment tomake them work; a commitment to act and promoteactions to ensure their realisation; a commitment toexpress concern, voice criticism and foster changein cases of denial and neglect.

Human rights add ‘weight’ to our developmentgoals and strategies. States have a special responsi-bility to protect and promote universal respect for,and observance of, these rights in their individualand joint action. Thus, human rights must informboth national policies and international coopera-tion. At the same time, civil society is a criticalpartner in the design and implementation of thesepolicies, and plays a decisive public scrutiny role.

These principles set the context within which ahuman rights approach is defined and are essentialfor its operationalization.

I. UNICEF IN THE UNITED NATIONS UNIVERSE

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2. The foundation for UNICEF’s human rights approach

The foundation for this development is the UnitedNations Charter. The Charter identifies the pro-motion and encouragement of respect for humanrights for all without discrimination of any kind asone of the three purposes of the organization. It fur-ther stresses the need to promote better standards ofliving, improved conditions for economic andsocial progress and human development togetherwith universal respect for, and observance of,human rights. And it recognises the instrumentalrole played by international cooperation to attainthese goals.

As well as being guided by the Charter, UNICEFis guided by the Universal Declaration on HumanRights and by the human rights instruments it hasinspired, including the Convention on the Rights ofthe Child (CRC) and the Convention on theElimination of all Forms of Discrimination againstWomen (CEDAW). The Universal Declaration wasproclaimed as a common standard of achievement forall peoples and all nations towards the advent of aworld in which every member of the human familyshall enjoy freedom of speech and belief and freedomfrom fear and want. As the Universal Declarationrecognises, everyone is entitled to the rights and free-doms set forth therein, rights and freedoms which areequal and inalienable, inherent to the dignity of thehuman person and which constitute the foundation offreedom, justice and peace in the world.

UNICEF’s work is also informed by the WorldConference on Human Rights1 . The Conference,held in June 1993 in Vienna, recognised that thehuman rights of children constitute a priority forUnited Nations system-wide action. It recommend-ed that UN bodies and specialized agencies period-ically assess the impact of their strategies and poli-cies on the enjoyment of human rights and calledfor the situation and human rights of children to beregularly reviewed and monitored by all in accor-dance with their specific mandates. The Conferencefurther reiterated the principle of the First Call forChildren and urged the UN to undertake measuresto the maximum of its available resources to

achieve the goals set at the World Summit forChildren in 1990 – the Plan of Action.

3. A summit and convention focusing on children

In September 1990, committed to making children’srights truly universal and a high priority, UNICEFpromoted and gave its full support to the WorldSummit for Children. Using what was, at the time,an innovative approach, the Summit resulted in theadoption of a Plan of Action for Children. The Planof Action was designed to give visibility to children,to encourage a full assessment of their situation anddevelop means to address it effectively. Carefullytuned to mobilise political will and foster decisiveaction, the Plan also identified specific benchmarksfor the effective assessment of progress.

The timing of the World Summit coincided withthe entry into force of the Convention on the Rightsof the Child, and in effect constituted an importantstrategy to achieve the fundamental aim of theConvention - the realization of the human rights ofall children.

While UNICEF played a significant role in theorganization of the Summit and its follow-up, themajor signal for UNICEF’s role in human rightscame with the Convention on the Rights of theChild, which identified UNICEF as a major partnerin the implementation process2.

In its commitment to promote human rights,UNICEF is also pursuing the call made by theSecretary General in his recent Programme forReform for the integration of human rights into thebroad range of activities of the United Nations. Asa cross cutting issue, human rights should informthe development and humanitarian agendas, guidethe debate on peace and security and be enhancedin the human rights programmes and activities. Thefascinating reality is that all of these areas are rele-vant to UNICEF’s work and in each and every oneof them human rights, particularly those of chil-dren, are gaining an increasing relevance.

4. Children’s rights – a concern for the UN system

Like UNICEF, many other United Nations bodiesare becoming increasingly involved in children’s

1 The Vienna Declaration and Programme of Action were adopted on 25 June1993 and may be found in the United Nations General Assembly documentA/CONF.157/23.

2 See article 45 of the Convention on the Rights of the Child.

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rights. Following the adoption of the Convention onthe Rights of the Child, the International LabourOrganization (ILO) has renewed its interest in thearea of child labour and is engaged in drafting anew convention to eliminate the most extremeforms. The Guidelines for Refugee Children adopt-ed by the United Nations High Commission forRefugees (UNHCR) were informed by the generalprinciples of the Convention, namely non-discrimi-nation, best interests and participation. The UnitedNations Educational, Scientific and CulturalOrganization (UNESCO) is developing work in thefield of human rights education for children usingthe Convention as an illustration.

But for UNICEF, unlike other UN bodies, chil-dren’s rights are not just one concern among many.They represent the essential value of UNICEF’smandate and, in fact, of the identity of the organi-zation itself.

5. UNICEF’s mandate for human rights

a) UNICEF’s Mission StatementThis identity is captured in the UNICEF MissionStatement, which mandates the Organisation “toadvocate for the protection of children’s rights andstrive(s) to establish children’s rights as enduringethical principles and international standards ofbehaviour towards children.”

It further stresses that UNICEF “aims throughits country programmes, to promote the equalrights of women and girls and to support their fullparticipation in the political, social and economicdevelopment of their communities.”Thus, this com-ponent of UNICEF’s work also needs to be takeninto consideration, emphasizing a strong call forgender equality, equity and non-discrimination inthe activities of the organization.

b) CRC and CEDAWIn view of this mandate, the Convention on theRights of the Child (CRC) and the Convention onthe Elimination of all Forms of Discriminationagainst Women (CEDAW) gain a particular impor-tance for UNICEF’s work. Both have been widelyratified3 and they are mutually reinforcing, espe-cially in the promotion and protection of the humanrights of girls and women and in the prevention ofdiscrimination on the basis of gender. As the WorldConference on Human Rights has stressed, and theFourth World Conference on Women held inBeijing in 1995 reaffirmed, “the human rights ofwomen and the girl child are an inalienable, inte-gral and indivisible part of universal humanrights; the eradication of all forms of gender dis-crimination are priority objectives for the interna-

Following a recommendation of the World Conference on Human Rights, the General Assemblycreated the post of High Commissioner for Human Rights and assigned to it principal responsi-bilities for United Nations human rights activities under the direction and authority of theSecretary General. The High Commissioner participates in the Executive Committees and theSenior Management Group.

The UN human rights programme has, inter alia, the following objectives: ● to provide the leading role on human rights issues ● to emphasize the importance of human rights on the international and national agendas ● to promote international cooperation for human rights ● to stimulate and coordinate action across the United Nations system● to promote universal ratification and implementation of international standards● to assist in the development of new norms and support human rights organs and treaty

monitoring bodies● to emphasize preventive human rights action and to address violations of human rights● to provide advisory services and technical assistance in the field of human rights.

Building national capacity to protect and promote human rights is a priority of the human rightsprogramme, an important contribution being made by national institutions.

3 As of April 1999, the CRC has been ratified by 191 countries and CEDAWby 161.

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tional community and the equal status of womenand their human rights should be integrated intothe mainstream of the UN system-wide activity.”Atthe same time, the principles and provisions of thetwo conventions need to be considered in thebroader context of other human rights standards.

c) Universal Declaration of Human RightsSpecial mention should be made, for example, ofthe Universal Declaration of Human Rights (adopt-ed in 1948) and of the United Nations conventionsadopted thereafter, in particular:● the two International Covenants on Human

Rights - on Civil and Political Rights and onEconomic, Social and Cultural Rights (adoptedin 1966);

● the Convention on the Elimination of all Formsof Racial Discrimination (adopted in 1965);

● the Convention against Torture and other Cruel,Inhuman or Degrading Treatment or Punishment(adopted in 1984).

All of these human rights conventions are rele-vant to children and women. They apply to allmembers of the human family and their considera-tion becomes critical in the interpretation andimplementation of the CRC and CEDAW.

d) Other human rights guiding principlesIt is important to recall that, in addition to these

legally binding instruments, there are importantUnited Nations human rights declarations, bodiesof principles, codes of ethics and guidelines thatmay be of special interest as guiding principlesfor the adoption of policies on children andwomen.

The other important human rights standardsadopted by the United Nations include:● Declaration on the Right to Development (1986)● Declaration on Social and Legal Principles relat-

ing to the Protection and Welfare of Childrenwith Special Reference to Foster Placement andAdoption Nationally and Internationally (1986)

● Body of Principles for the Protection of AllPersons under any Form of Detention orImprisonment (1988)

● United Nations Guidelines for the Prevention ofJuvenile Delinquency (1990)

● United Nations Rules for the Protection ofJuveniles Deprived of their Liberty (1990)

● Declaration on the Rights of Persons belongingto National or Ethnic, Religious and LinguisticMinorities

● Standard Rules on the Equalization ofOpportunities for Persons with Disabilities (1993)

● Declaration on the Protection of all Persons fromEnforced Disappearances (1993)

e) Influence of United Nations conferencesThe cycle of major United Nations conferences, ofwhich the World Summit for Children is a specialillustration, has contributed to the development ofan important substantive agenda for the realizationof human rights. The Conferences reflect a growingrecognition that democracy, development andrespect for human rights are interdependent andmutually reinforcing. All of them recognise thevalue of children’s rights and the need to promotetheir realization. States have committed to honourand implement the agendas of these conferences byestablishing national plans of action with specifictargets on the basis of which progress can be mon-itored. Thus, in UNICEF’s work, and beyond theWorld Summit for Children, it is also important totake into consideration the following major UnitedNations conferences:● World Conference on Education for All (Jomtien,

1990)● World Conference on Environment and

Development (Rio, 1992)● International Conference on Nutrition (1992)● World Conference on Human Rights (Vienna,

1993)● International Conference on Population and

Development (Cairo, 1994)● World Summit for Social Development

(Copenhagen, 1995)● Fourth World Conference on Women (Beijing,

1995)● Second United Nations Conference on Human

Settlements (Istanbul, 1996)● World Food Summit, (Rome, 1996).

In the light of their substantive agenda, otherrecent international meetings are of special rele-vance for UNICEF’s work. These include theStockholm World Congress against theCommercial Sexual Exploitation of Children(1996) and the Amsterdam and the OsloInternational Conferences on Child Labour (1997).

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In 41 substantive articles, the Convention on theRights of the Child recognizes the human rights ofchildren, defined as persons up to the age of 18 years.In the light of the CRC, children’s rights should beimplemented without discrimination of any kind, allactions and policies guided by the best interests ofthe child, the participation of children should alwaysbe sought and all actions aiming at the promotion ofthe survival and development of children.

The Convention was negotiated over a lengthyperiod of ten years. Initial indifference and politicalconfrontation gave way to an environment of open-ness and convergence, eventually leading to theadoption of this charter on children’s rights. As itsPreamble recognizes, the Convention takes intoaccount the importance of tradition and culturalvalues for the protection and harmonious develop-ment of the child. It reflects the principal legal sys-tems of the world and acknowledges the specificneeds of developing countries. Based on the rich-ness of such diversity, the Convention affirms thevalue of the universality of human rights, a fact thatundoubtedly contributed to its rapid entry into forcein less than a year.

Overseeing the implementation of these stan-dards, the CRC established the Committee on theRights of the Child, a group of independent expertsentrusted with the task of monitoring progress madeby States in the realization of children’s rights.

1. Most widely accepted human rights convention

The Convention on the Rights of the Child is themost widely accepted human rights conventionwithin the United Nations system. It has been rati-fied, or acceded to, by 191 States (all but two,Somalia and the United States). For the first timeever in the history of international standard-settingwe benefit from a universal normative consensus,freely accepted and shared by virtually all countriesaround the world. In expressing commitment tobringing the principles of the Convention of the

Rights of the Child into practice, States are provid-ed by the Convention with a framework in which todevelop an agenda for children.

At the same time, the Convention constitutes acommon reference against which progress can beassessed and results compared. UNICEF can use itsprinciples and provisions as guidance for its pro-grammes of cooperation, for advocacy and for thedevelopment of partnerships designed to create awide alliance in favour of children, as well as tomonitor progress in the situation of children.

2. A new ethical attitude towards children

In the light of the Convention on the Rights of theChild, children are no longer envisaged as mererecipients of services or beneficiaries of protectivemeasures. Rather, they are subjects of rights and par-ticipants in actions affecting them. They need to berespected in their individuality and in their evolvingcapacity to influence decisions relevant to theirlives. Even in countries where democratic institu-tions have been established, a look at the situation ofchildren made us realize that systems supposedlybased on participation and public scrutiny had failedto listen to the voices of the most vulnerable. Theywere not prepared to take into real consideration thespecial needs and the unique potential of children.With the advent of the Convention, this has changedand we now realize that the views of children needto be respected and taken into account when policiesare shaped, actions undertaken, and results assessed.

Respect for children’s rights cannot be perceivedas an option, as a question of favour or kindness tochildren, or as an expression of charity. Children’srights generate obligations and responsibilities thatmust be honoured. They need to be perceived as anexpression of solidarity and partnership, empower-ing children to participate actively in the improve-ment of their situation and in the broader process ofsocial change.

For these reasons, UNICEF’s focus is no longerlimited to meeting children’s needs, but on the

II. THE CONVENTION ON THE RIGHTS OF THE CHILD

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recognition and realization of their human rights. Recognizing children’s rights means acknowl-

edging human rights as a question of entitlement andof a consummate responsibility to ensure their effec-tive enjoyment. As members of the human family,children - all children - have inalienable humanrights and freedoms that are inherent to the dignity ofthe human person. They are entitled to benefit fromspecial protection and assistance, to be informedabout their rights in an accessible and active manner,to develop their personality, abilities and talents totheir fullest potential and to grow up in an environ-ment of happiness, love and understanding.

Entitlement is not simply a question of abstractrecognition by the law - even if such recognition iscritical for rights to be claimed and safeguarded. Infact, entitlement has practical implications. Itimplies the creation of conditions in which childrencan effectively enjoy their rights (i.e. to grow up ina family environment, to be protected against dis-crimination, neglect, abuse and exploitation, tohave a name and a nationality, to enjoy the highestattainable standard of health).

Entitlement implies benefiting from the actionof others - the State, the society, the family - for therights of the child to become a reality, to be experi-enced and practised. Such actions include the cre-ation of spaces for children to play; the establish-ment of birth registration offices and the training ofbirth registration officials to acknowledge the exis-tence and identity of the child, the adoption of leg-islative measures prohibiting discrimination; thecreation of independent mechanisms to defendchildren’s interests; the allocation of adequateresources to ensure effective access to health careand education; the development of advocacy cam-paigns to create a child friendly society.

It further implies the recognition of the increasingcapacity of children to exercise their rights and tomake valid claims for their observance and respect.For example, children have a right to be creative andengage in play and recreational activities, to expressviews and share ideas, to influence decisions, to par-ticipate in associations but also to have access tomechanisms and proceedings that may provide foreffective remedies or to consider complaints in thecase of exploitation or ill-treatment.

The exercise by children of their rights is veryclosely linked to their age and maturity. It will dif-fer naturally from early childhood to adolescence.

As the Convention recognizes, in a manner consis-tent with their evolving capacities, children havethe right to an increasing autonomy and a growingability to intervene as actors, becoming less andless dependent on the direction, assistance, or inter-vention of others. At the same time, in all stages oftheir childhood, children need to be protectedagainst exploitation and abuse, including participa-tion in hostilities, sexual exploitation or work indangerous activities.

And entitlement imposes a general duty on every-one, including the State, to respect those same rightsand to abstain from any action that may precludetheir enjoyment or violate them. Any measuredesigned, for example, to exclude children belong-ing to a minority from accessing school, to preventgirls from having equal opportunities in education ornutrition, to induce or engage children in prostitu-tion, to unlawfully deprive children of liberty, totraffic in children, or to deliberately retard or halt theprogressive realization of the right to health or edu-cation, constitutes a violation of children’s rights.

For an organization like UNICEF, the new ethi-cal attitude of the Convention implies a renewedcommitment to intervene as advocates for children.Thus, when there is passivity, UNICEF’s role is torecall the commitment made by States to honour theConvention and turn it into reality. When childrenare absent from the political or social agenda,UNICEF needs to act as a catalyst and promote theconsideration of children as a priority. When chil-dren’s rights are neglected, UNICEF needs to voiceits concern and encourage action to ensure the effec-tive enjoyment of their rights. In each and every cir-cumstance there is a need to promote the involve-ment of children in decisions affecting their lives.

3. Universality of the human rights of children

The Convention stresses the importance of thehuman rights of every child. Each and every childhas equal and inalienable rights, wherever he or shemay live. For this reason, UNICEF recognizes that,while it is important to improve the situation ofchildren as a group, it is essential to go beyondgood averages or a high rate of progress. It is nec-essary to consider the specific reality of those chil-dren who have not been affected by the wave ofgeneral progress, who have remained invisible or

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forgotten and who are becoming increasingly vul-nerable and marginalized. Similarly, while interna-tional goals or national targets remain importanttools to mobilize action and resources for children,to promote improvement of their situation andachieve tangible results in a particular time frame,they must be considered within the broader contextof a long-term process of the universal realizationof the human rights of children.

The fundamental goal of the Convention on theRights of the Child is in fact to achieve the realiza-tion of all the rights of each and every child underthe jurisdiction of the State. Achieving this requiresa consideration of the reality of all children, to pro-mote support to those in greater need, and to narrowprevailing social, economic or geographic dispari-ties. It is necessary to address younger children aswell as adolescents, girls as well as boys; children inrural and urban areas, including those living in thepoor peripheric areas; children placed in institutionsand children belonging to minority or indigenousgroups, asylum seekers and refugee children. TheConvention also stresses that it is important to con-sider all areas that are relevant to children’s lives,including those previously neglected in research,data collection and policy making, such as: ● child sexual exploitation; ● child participation in armed conflicts; ● child labour in the informal sector or in domestic

service; ● the right to grow in a family environment; ● birth registration; ● juvenile justice; ● the right to play and leisure; ● the right of freedom of opinion.

In brief, with the new ethical vision theConvention has brought, there is a need to addressrealities insufficiently considered so far, while sus-taining achievements made in the traditional areasof our work. For this to be possible, the systematiccollection, analysis and dissemination of relevantdata on all these areas become essential. Moreover,relevant indicators need to be identified to enabletrends to be assessed over time, to recognize andnarrow disparities, understand and address the rootcauses of prevailing difficulties, to measureprogress and to reflect human rights values, includ-ing those of equity, non discrimination, social jus-tice, participation and empowerment4.

4. A comprehensive philosophy – a practical guide

The Convention indicates in an unequivocal man-ner that children’s rights are human rights. They arenot special rights: they are simply the fundamentalrights inherent to the human dignity of every per-son. The rights of the child are indivisible and inter-related; all are important and essential to the har-monious development of the child.

With the realization of the rights of the child weare in fact promoting the advent of the world pro-claimed by the Universal Declaration where every-one enjoys his or her economic, social, cultural,civil and political rights.

The General Assembly has often emphasizedthat “all human rights and fundamental freedomsare indivisible and interdependent. Equal attentionand urgent consideration should be given to theimplementation, promotion and protection of bothcivil and political and economic, social and cultur-al rights. The full realization of civil and politicalrights without the enjoyment of economic, socialand cultural rights is dependent upon sound andeffective national and international policies of eco-nomic and social development.”5

Thus, the indivisibility of children’s rightsbecomes of essence. In reality, can we ignore thevalue of information and awareness on children’srights to ensure their wider compliance and respectand the prevention of violations? Can we neglectthe relationship between the enjoyment of the rightto education and the eradication of child labour?Can we question the importance of birth registra-tion to ensure children’s school enrolment oraccess to health and welfare services, to preventtheir early recruitment into the armed forces andgenerally to promote equity and protection againstdiscrimination?

The Convention on the Rights of the Child doesnot establish any categorization or hierarchy ofrights. As the Committee on the Rights of the Childhas often stressed, all the rights are interrelated andeach of them is equally important and fundamental

4 With this purpose in mind, important steps have been undertaken; see forexample the Summary Report of the International Meeting on Indicatorsfor Global Monitoring of Children’s Rightsand the ImplementationHandbook for the Convention on the Rights of the Child, both availablefrom the Division of Evaluation, Policy and Planning, UNICEF, New York.

5 Resolution 32/130, 16 December 1977.

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to the dignity of the child; the implementation of eachright should take into account the implementation of,and respect for, all the other rights of the child.

Introducing an innovative holistic approach, theConvention avoids the traditional dichotomybetween civil and political rights, on one hand, andeconomic, social and cultural rights, on the other. Itaddresses the whole child and all children’s rights,including the child’s fundamental freedoms ofexpression, of religion, of peaceful assembly andassociation; civil rights, as in the case of the right toa name and a nationality; economic and socialrights, including the right to health and social secu-rity; and cultural rights, including the right to edu-cation and participation in cultural life.

For some time, there has been a debate on thedifference between civil and political rights, on theone hand, and economic, social and cultural rightson the other. Different arguments have been put for-ward, including the progressive realization of eco-nomic, social and cultural rights, as opposed to theimmediate implementation of civil and politicalrights. The use of this criterion does not provide foran absolute distinction. In fact, States are requiredto take immediate and concrete steps in the imple-mentation of both categories of rights, whether leg-islative, educational or social, as in the case of theprotection of children against discrimination or ofthe general obligation to refrain from actively vio-lating children’s rights. Moreover, the progressiverealization of economic, social and cultural rightscannot be interpreted as an excuse to defer effortsto ensure their enjoyment by children, or to meanthat only once a State has reached a certain level ofeconomic development can such rights be realized.Progressive realization simply recognizes that thefull and universal realization of economic, socialand cultural rights will generally not be achieved ina short period of time (for instance ensuring thateach and every child enjoys the highest attainablestandard of health6) and requires an on-going efforttowards steady improvement. It is not, however,compatible with passivity.

Another argument often used to distinguishthese two groups of rights is the resource dimen-sion of economic, social and cultural rights. Article

4 of the Convention on the Rights of the Child rec-ognizes that States need to undertake measures “tothe maximum extent of their available resources” toachieve the realization of economic, social and cul-tural rights. Again, this is not a definitive argument.In fact, the implementation of civil and politicalrights often has resource implications too. As anillustration, reference can be made to the right ofevery child to be registered after birth. This is clear-ly dependent on the existence and accessibility byfamilies to birth registration offices, or on the ade-quate number and training of registration officers.In addressing this resource dimension it is, how-ever, important to stress that regardless of the levelof economic development of any State, it is alwaysnecessary to give children “first call” on availableresources and allocate them to the maximum extentto ensure the realization of their economic, socialand cultural rights. In reality, the principles of thebest interests of the child and first call for childrenplay an essential role in all these situations, even inperiods of severe resource constraints.

As has often been recognized, “resources” meansmuch more than those of a financial or budgetarynature. Technological, organizational or humanresources should also be considered. Moreover, it isimportant to note that by referring to resources, theConvention means not only those existing at thenational level, but also those made available by theinternational community, in the context of pro-grammes of technical cooperation and assistance. Allof these need to be considered when the realization ofthe economic, social and cultural rights of the child isat stake. It is in this spirit that the Convention refersto “the framework of international cooperation” 7 andacknowledges, for instance, that the special needs ofdeveloping countries should be taken into considera-tion in the areas of health and education.

The holistic approach of the Conventionaddresses human rights while placing the child atthe centre of its considerations. This child-focusedperspective guides its call for action and progresstowards the realization of all the rights of the child,and stresses that the best interests of the childshould always be a guiding reference.

The fact that the Convention does not establish ahierarchy of rights and recognizes that they are allequally important, interrelated and indivisible, doesnot mean that actions to ensure their realizationshould not be prioritized. In fact, in view of the spe-

6 See, as an illustration, the reference in CRC articles 24 para. 4 and 28 para.1, “with a view to achieving progressively the full realisation” of the rightsto health and education respectively.

7 See in particular articles 4, 23 para. 4, 24 para. 4 and 28 para. 3.

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cific national or sub-national reality of each andevery concrete situation according to the specificexisting circumstances, priority actions should beidentified to ensure the realization of children’srights, to address the most urgent areas of concern,and to stop and address existing violations. Suchprioritization becomes of essence if interventionsare to be effective and if the best use of availableresources is to be ensured. It becomes possiblewhenever an accurate assessment and understand-ing of the situation of children is ensured.

a) A multi-disciplinary and cross-sectoral approachThe holistic approach of the Convention emphasizesthe importance of promoting a multi-disciplinary andcross-sectoral perspective when consideration isgiven to policies, programmes or actions in favour ofchildren. The aim is to focus on the whole child andto promote the effective realization of all his or herrights. It is essential, therefore, to foster an increas-ing synergy amongst the various sectors which arerelevant to the child’s life, and prevent fragmentedinterventions. With a cross-sectoral and inclusiveperspective the value of each specialized sectoralcomponent will be taken into consideration, but acommon context will be further promoted wherecomplementarity and interrelationship will prevail.As the efforts to combat child labour have shown, itis essential to go beyond a simple intervention in thearea of employment. Success has only been possiblethrough a comprehensive policy which promotes aclear legal framework, an effective and quality sys-tem of education, the registration of children, advo-cacy and awareness campaigns, alternative incen-tives for the family, mechanisms for monitoring andinspection and the allocation of adequate resourcesto ensure that the process of enforcement is effective.

In accordance with the holistic approach of theConvention, the Committee on the Rights of theChild has avoided an article by article approach to itswork. Instead, the Committee groups the rights setforth in the Convention into major themes, whilereaffirming the close relationship between them all.In its Guidelines for States parties reports on the

implementation of the Convention, the Committeeidentifies eight thematic areas (see p.10):1. general measures of implementation (articles 4,

42 and 44 para. 6)8

2. definition of the child (article 1)3. general principles (articles 2, 3, 6, 12)4. civil rights and freedoms (articles 7, 8, 13, 14,

15, 16, 17, 37 a)5. family environment and alternative care (articles

5, 9, 10, 11, 18, 19, 20, 21, 25, 27 para. 4, 39)6. basic health and welfare (articles 6, 23, 24, 26,

27 paras. 1 to 3)7. education, leisure and culture activities (articles

28, 29, 31)8. special protection measures (22, 30, 32, 33, 34,

35, 36, 37, 38, 39, 40).

b) General principles of the ConventionTo ensure a common philosophical approach to thespectrum of areas addressed by the Convention, theCommittee on the Rights of the Child identifiedunderlying and fundamental values that are relevantto the realization of all children’s rights. In the viewof the Committee these constitute the four generalprinciples of non-discrimination, best interests ofthe child, survival and development, and respect forthe views of the child (right to participation). Theseoverarching principles are a guiding reference forthe implementation of the Convention and theyconstitute decisive criteria to assess the progressmade in that process.

Non-discrimination (article 2): In the light ofthis principle, the realization of the rights recognizedby the Convention, cannot be nullified or hindered byany distinction, exclusion, restriction or preferencebased on any ground, including gender, race, colour,language, religion, national or ethnic origin, disabil-ity or birth. This principle implies that girls and boys,poor and rich children, living in rural or urban areas,belonging to a minority or indigenous group shouldenjoy the rights recognized by the Convention on anequal footing. For this reason, the disaggregation ofdata by gender, age group, geographic or ethnic ori-gin becomes of special relevance.

Best interests of the child(article 3): This prin-ciple indicates that in all decisions affecting children,in the implementation of all rights set forth in theConvention, the best interests of the child should begiven primary consideration. The inclusion of thisprinciple in the CRC has helped crystallize the per-

8 This section includes, inter alia, the consideration of legislative reform, allo-cation of resources for children, existence of national coordination andmonitoring mechanisms for children’s rights, the involvement of the civilsociety in the design and implementation of policies for children, the pro-motion of awareness, information and education campaigns on the rights ofthe child.

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UNICEF’S ROLE ON THE EIGHT THEMATIC AREAS

1. General measures of implementation (articles 4, 42 and 44 para. 6)UNICEF supports efforts towards:● ratification of, and withdrawal of reservations to, CRC and CEDAW; ● the preparation of reports for Committee on the Rights of the Child; ● the publication of an Implementation Handbook for the CRC and dissemination of information on

the CRC, CEDAW and other human rights standards; ● the training of judiciary, police and professionals working with children;● the formation of coalitions of NGOs to promote and monitor child rights; ● consideration of the 20/20 initiative to ensure budget allocations for children’s social, economic

and cultural rights; ● institutional and legislative reform;● behaviour change in favour of children’s rights.

2. Definition of the child (article 1)UNICEF supports efforts to set up a minimum age for access to employment and recruitment intoarmed forces and participation in hostilities.

3. General principles (articles 2, 3, 6, 12)UNICEF supports:● outreach to marginalized, rural, indigenous and disadvantaged children; ● attempts to disaggregate data more effectively; ● greater focus on girls’ education and health concerns specific to girls such as FGM; ● efforts to improve the access of disabled children to schools and other basic services; ● provision of relevant information to children on their rights and the promotion of children’s partic-

ipation in decisions affecting them.

4. Civil rights and freedoms (articles 7, 8, 13, 14, 15, 16, 17, 37 a)UNICEF supports the organization of children’s elections and student councils; the promotion of birthregistration; and the provision of legal representation and support to juveniles in conflict with the law.

5. Family environment and alternative care (articles 5, 9, 10, 11, 18, 19, 20, 21, 25, 27 para. 4, 39)UNICEF promotes awareness on, and support to:● the child rearing responsibilities of families; ● the protection of children in adoption cases, particularly against abuse in intercountry adoption;● the protection of children from abuse; ● the reunification of refugee and displaced children with their families; ● the situation of children in institutions.

6. Basic health and welfare (articles 6, 23, 24, 26, 27 paras. 1 to 3)Examples abound of UNICEF’s work in the areas of water and sanitation, nutrition and health care.UNICEF promotes the 20/20 initiative and has initiated research into the impact of globalization onpoverty and the enjoyment of children’s rights.

7. Education, leisure and culture activities (28, 29, 31)UNICEF promotes:● free, compulsory primary education; ● actions to improve quality of education and to make schools child friendly; ● efforts to improve access to schools by girls, children in rural and remote areas and children

belonging to minorities.

8. Special protection measures (22, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40) UNICEF’s work in this area ranges from addressing in UN and international meetings relevant issues,such as child protection against sexual exploitation and child labour to activities supporting childrenliving and/or working on the streets, children involved with the system of juvenile justice, refugee anddisplaced children and children in armed conflict.

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ception of the child as a real person in his or herright, someone who must be considered autonomous-ly. It has placed the child at the centre of the equa-tion, on behalf of whom and because of whom deci-sions must be taken and taken in a particular direc-tion. The principle applies to actions undertaken bythe State, by courts of law, administrative authorities,legislative bodies, private social welfare institutionsand even within the family9. The principle focuses onfinding the best solution for the child, including toguide policy decisions, allocate resources for theimplementation of the Convention, and assess theirimpact on the enjoyment of children’s rights. And itbecomes vital in decisions concerning conflicts ofinterest between the child and others10, or betweendifferent conflicting rights of the child11.

Survival and development(article 6): With thisprinciple, the CRC envisages child development asa holistic concept. Thus, the enhancement of thechild’s health and nutrition must be associated withhis or her spiritual, moral and social development,where the child’s personality, talents and abilitiesare promoted to their fullest potential in a mannerthat is compatible with the dignity of the humanperson. In this context, the access of children tobasic social services, on the basis of equal opportu-nity, becomes of essence. So does affirmative actionundertaken by States to provide special assistance tothose in greater need. But international cooperationis equally important. In fact, it ensures a universalmovement of solidarity around children, whererequired resources are made available to the maxi-mum extent possible to ensure the realization ofchildren’s rights, including to health and education.

Respect for the views of the child (article 12):This principle affirms, very strongly, the value ofthe child as a fully-fledged person having the rightto access information and freely express views inall matters affecting him or her, having those viewsrespected and given due weight. It indicates theright of the child to access and participate in deci-sion-making processes affecting his or her life andinfluence decisions taken on his or her behalf with-in the family, in the school or in the community. Forthis reason, this principle is often presented as aright of the child to participation.

c) Promoting coordination of activities The consideration of a holistic and cross-sectoralapproach to children’s rights has paved the way for

the coordination of activities by relevant organiza-tions, departments and structures dealing with chil-dren’s issues. It has also led to the creation andenhancement of national institutions on children’srights. In different parts of the world inter-ministeri-al commissions have been set up, parliamentarycommittees developed and coalitions of NGOsformed, all of them guided by the CRC. UNICEFcontributes to this movement of convergence,alliance and partnership between State and non-Stateactors, central and local authorities, who cometogether to promote and monitor the improvement ofthe situation of children. Such a movement plays adecisive role in creating a child friendly society - asociety that cares and is engaged in the realization ofchildren’s rights and is committed to transformingthe CRC into a lively reality.

A similar movement towards coordination isoccurring in the international arena. In fact, in thespirit of the Convention, and particularly article 45,there is increasing cooperation between UnitedNations bodies and organizations, international,regional and national institutions and NGOs. TheConvention provides a unique opportunity to deve-lop programmes of technical advice and assistancein the context of its principles and provisions, devot-ed to the common aim of ensuring the realisation ofchildren’s rights. This opportunity has gained a newdimension with the process of the UN Reform,which calls for closer collaboration and coordinationof efforts and for the mainstreaming of human rightsin all activities of the organization. In this regard, theUnited Nations Development Assistance Framework(UNDAF) has a particular relevance for UNICEF.

5. The Convention creates a system of State accountability

Upon ratification of, or accession to, theConvention on the Rights of the Child, States par-ties commit themselves to respect the principlesand provisions of the Convention and to transformthem into a reality for all children.

States may freely decide to ratify or not to ratify,

9 See articles 18 para.1 and 9 para. 1.10 As in the case of article 9 para. 1 of the CRC.11 For instance the right to be cared for by his or her parents (article 7 of the

CRC) and the right to be separated from them in the case of abuse or neglect(article 9 para.1).

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to accede or not to accede, to the Convention on theRights of the Child or to any other human rightsconvention. This aspect remains an importantreflection of the sovereignty of the State. But oncethe decision to accede or ratify is taken, Statesbecome responsible for the process of implementa-tion and accountable for the obligations that arise.In reality, ratification or accession is not just amoment in time without further consequences. Itreveals a commitment - a commitment to act inaccordance with the object and purpose of the treatyconcerned. In the case of the CRC, it means achiev-ing visible and meaningful results for children andcreating a cultural and social context where theirrights can be respected and experienced.

In the context of the Convention on the Rights ofthe Child, ratification or accession are the sourcesof three main obligations: an obligation of result,an obligation of conduct and an obligation of trans-parent assessment of progress.

a) An obligation of result What are States parties required to achieve? In gen-eral terms, they are required to ensure the realizationof the rights recognized by the Convention to everychild under their jurisdiction. As article 2 of theConvention stresses, States are required to “respectand ensure the rights set forth in the Convention toeach child within the jurisdiction”of the State.

This may be achieved by refraining from any actthat may preclude the realization of children’s rights(such as the adoption of a law limiting the access ofminority children to education); or by creating thenecessary conditions for children’s rights to beeffectively enjoyed, including the prevention andcombating of any violation (e.g. preventing thestigmatization or ill-treatment of poor or abandonedchildren by law enforcement officials); or by posi-tively promoting their rights (i.e. allocating adequateresources to the maximum extent to progressivelyachieve the right to education; developing a networkof registration offices to ensure the birth registrationof children; including in the law a minimum age foraccess to employment, including in the school cur-ricula the values of the Convention)12.

b) An obligation of conductHow are States required to act? In the light of ar-ticle 4 of the CRC, States are bound to act, to adoptall appropriate measures (legislative, administra-

tive, social, economic, budgetary, educational orother necessary measures) to ensure the implemen-tation of the Convention.

In this regard, legislative reform gains a particularrelevance to ensure that national laws are fully inconformity with the principles and provisions of theCRC. But legislation is in no way sufficient to ensurethe realization of children’s rights. An essential roleis also played by advocacy and awareness campaignsto make the principles and provisions of theConvention widely known and respected by societyas a whole, or to enable children to become activelyinvolved in the realisation of their rights (influencingdecisions affecting their lives, for example, or partic-ipating in cultural activities). Also of relevance is therequirement that States allocate adequate resources tothe maximum extent possible for the realization ofchildren’s economic, social and cultural rights. Thiscould mean, for example, making primary educationcompulsory and free for all and to introduce free sec-ondary education, or the establishment of mecha-nisms to intervene on behalf of children and todefend their rights, such as an Ombudsman. In eachand every case, the State is required to assess whichare the necessary and appropriate measures to trans-form the Convention into reality.

c) An obligation of transparent self-assessmentStates parties are also required to submit periodicreports to the Committee on the Rights of theChild13 containing information on the process ofimplementation of the Convention. Reports shouldinclude information on the measures adopted by theState, on the results achieved and on the factors anddifficulties hindering further progress. They are

12 The CRC mentions in its article 2 (an umbrella provision for the implementa-tion of the whole Convention), the State’s obligation to “respect and ensure”the rights of the child. This broad expression encompasses various forms ofState’s obligations, as other provisions of the CRC illustrate. The same word-ing is used in article 2 of the International Covenant on Civil and PoliticalRights (ICCPR). But both in other articles of the CRC and in other humanrights treaties and documents some different expressions are used to reflect inmore detail the implications of the obligations of the State. Thus, the CRC alsoaddresses the obligation to protect (art. 19 “to protect from all forms of (...)violence, injury or abuse”; art. 33 “to protect from the illicit use of narcoticdrugs”); to provide and assist(art. 22 para. 2 “to provide (...) cooperation inany efforts by the UN (...) to assist such a child”); to secure(art. 27 para. 4“to secure the recovery of maintenance for the child”); article 2 of theInternational Covenant on Economic, Social and Cultural Rights refers to theobligation toguarantee; the Maastricht Guidelines on violations of econom-ic, social and cultural rights, formulated in 1997 as a complement to theLimburg Principles on the implementation of the International Covenant onEconomic, Social and Cultural Rights, consider the obligations to respect,protect and fulfil.

13 See article 44 of the CRC.

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intended to be self-critical and objective, giving theCommittee a comprehensive understanding of thereality in the country and enabling it to make sug-gestions and recommendations aimed at theimprovement of the situation of children and at theeffective realization of their rights.

Above all, the reports are an important politicaltool to promote social change. They should reflectan accurate assessment of the reality of children,make an appraisal of policies adopted to improvetheir situation, an evaluation of the degree of suc-cess achieved, and provide an identification of areaswhere future priority action should be focusing.

With the same concern for transparency, Statesare further required to make the implementationreports widely available to their own populations14.Thus, the reports play an important catalytic role,contributing to the promotion of a national debateon children and their rights, encouraging theengagement and participation of the civil societyand generally fostering a process of public scrutinyof governmental policies in this area.

The distinction made on the nature of Stateobligations becomes of critical importance for theidentification of relevant child rights indicators tomeasure the level of progress achieved – of result(what is to be achieved) and indicators of progress(how it should be done).

6. The role of the family in promotingthe enjoyment of children’s rights

The Convention recognizes the essential roleplayed by parents and more generally by the fami-ly, as the primary caregivers of the child. TheConvention acknowledges the responsibilities,rights and duties of parents, legal guardians andothers responsible for the child in ensuring the wellbeing and development of the child15. Being themost fundamental group in society, and the naturalenvironment for the development of all its mem-bers, the family is to be afforded the necessary pro-tection and assistance by the State. For its part, theState is required to render appropriate assistance toparents and legal guardians in the performance oftheir child-rearing responsibilities, thus ensuringthat the capacity of families to act as the first line ofprotection of children is enhanced.

According to the CRC, parents and legal

guardians should always be guided by the bestinterest of the child, “which will be their basic con-cern”16. Thus, children should be cared for by theirparents and grow up in a family environment, in anatmosphere of happiness, love and understanding.If circumstances indicate, however, that the childmay be at risk within the family, as in the case ofneglect, abuse or ill-treatment, then the separation ofthe child from his or her parents should be consid-ered, guided by the principle of the best interests.

The Convention also recognizes the role of theparents and the family in providing appropriatedirection and guidance in the exercise by the childof her or his rights, in a manner consistent with thechild’s evolving capacities. The family is in fact thefirst environment where children are introduced tothe values, culture and norms of their society. It isalso the first opportunity for the child to experiencetolerance, mutual respect and solidarity. Thus, theCRC acknowledges the balance between the rightsand responsibilities of the family on the one hand,and the individuality and capacity of the child onthe other, to increasingly become the main actor inthe exercise of his or her own rights and in deci-sions relevant to his or her life.

In this context, the Convention constitutes aframework for the consideration of United Nationsprogrammes designed to support the role of the fam-ily in the realisation of children’s rights - both toenhance the family’s capacity to care for and protectthe child, and to empower the family in providingopportunities for the child to gain increasing confi-dence and experience in the exercise of his or herrights. For UNICEF, this framework provides anopportunity to support, strengthen and empower fam-ilies to assume their child rearing responsibilities,while being guided by the best interests of the child.

7. A system of international cooperation and solidarity

In the spirit of the United Nations Charter17, theConvention promotes international cooperation andassistance to achieve the realization of the rights ofthe child. As previously mentioned, it recognizes

14 See CRC article 44 para. 6.15 See article 27 para. 2 of the CRC.16 See CRC article 18 para. 1.17 See in particular articles 1 para.3, 55 and 56 of the UN Charter.

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the role of international cooperation, in particularto ensure the implementation of the economic,social and cultural rights of children18, and it paysclose attention to the special needs of developingcountries19. The Convention addresses this reality inthe context of the right of the child to informationand the production, exchange and dissemination ofinformation to promote the child’s social, spiritualand moral well being and physical and mentalhealth20. In relation to the rights of the child withdisabilities21, the Convention aims to promote a fulland decent life in conditions that ensure dignity,promote self-reliance and facilitate the child’sactive participation in the community; as well asthe rights to health and education22.

International cooperation and assistance are anexpression of the international commitment madeby Member States of the United Nations to takejoint and separate action “to achieve the promotionof universal respect for, and observance of, humanrights and fundamental freedoms”23. It is in thiscontext that multilateral and bilateral cooperationbecome instrumental to the realisation of children’srights. In its absence, children’s rights remain anunfulfilled aspiration for many countries and anignored opportunity for millions of children.

The Convention on the Rights of the Child associ-ates States’ accountability for the realisation of chil-dren’s rights with international cooperation. Thus, itcalls on all States, both donor and receiving coun-tries, to give priority to children and to channel max-imum resources to the realization of children’s rights.It requires States to identify factors and difficultiesaffecting the degree of fulfilment of the obligationsarising from the Convention, and it encourages themto formulate requests or indicate a need for technicaladvice or assistance24 to overcome them. In thisprocess, the Committee on the Rights of the Childplays the role of a catalyst. In the context of theexamination of States parties reports, the Committeemay acknowledge the relevance of States parties’requests and encourage the international communityto take them into consideration. In particular, it mayforward those requests to UN organizations and othercompetent bodies25 with a view to promoting theirfollow-up through relevant programmes of coopera-tion of the organizations and bodies concerned.

A particular responsibility lies with the UnitedNations in this regard. As the World Conference onHuman Rights stressed, “international cooperation

and solidarity should be promoted to support theimplementation of the CRC, and the rights of thechild should be a priority in the UN system-wideaction on human rights”.

This is of critical importance for UNICEF, anessential partner in the implementation of theConvention. In the light of the specific situation ofeach country and taking into account UNICEF’smandate, expertise and comparative advantage,UNICEF has been requested to become involved invarious areas to support national efforts designed toeffectively implement the CRC.

8. Children at the centre of development

With its child-centred approach and through thepromotion of a system of international cooperationframed by, and devoted to, the realisation of chil-dren’s rights, the Convention on the Rights of theChild places children at the centre of the develop-ment agenda.

The Convention envisages human rights as thefoundation for development and in this regard is alively illustration of the principles proclaimed by theUnited Nations Declaration on the Right toDevelopment26, namely the universality, indivisibili-ty and interdependence of all human rights; the cen-tral importance of the human person as the mainactor and beneficiary of development; the essentialvalue of an active, free and meaningful participationin development; and the responsibility of States infostering national and international developmentpolicies aiming at the promotion of all human rights.

In this context, the UNDAF process becomes aspecial opportunity to transform these principlesinto reality - certainly for UNICEF’s work, butbeyond that, in the broader framework of UN-wideaction at the country level.

18 See article 4 of the CRC.19 See the last paragraph of the Preamble and the specific references made in the

context of the rights of children with disabilities (article 23 para. 4), the rightto health (article 24 para. 4) and the right to education (article 28 para.4).

20 See article 17 para. b of the CRC.21 See article 23 para. 4 of the CRC.22 See respectively articles 24 para. 4 and 28 para. 3 of the CRC.23 See the Preamble of the Universal Declaration, para.6 and the Charter of the

UN (including articles 55 and 56).24 See articles 44 para.2 and 45 b of the CRC.25 With this expression, the CRC addresses all international, regional or

national institutions and organisations which may be relevant to the realisa-tion of children’s rights, including non-governmental organizations.

26 Adopted by the General Assembly Resolution 41/128 of 4 December 1986.

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9. Operationalization of a human rightsapproach in development cooperation

The operationalization of a human rights approachin development cooperation constitutes a challengefor all of us – governments, intergovernmentalorganisations, non-governmental organisations, theUN system. It is recent, it is innovative, it is beingexperienced. There is no model one can simply andfully replicate. But some lessons can be drawn fromthe process undergone so far:

a) Operationalization implies a commitment to human rights

This seems an obvious requirement, but it is importantto affirm it and proclaim it formally, incorporating itinto the Mission of each and every organization. Theexpression of a solemn commitment to human rightslegitimizes our work and constitutes a catalyst for ouractions. Similarly, it is important to reflect it in thecode of ethics of those working in the organization,where the individual and collective responsibility ofstaff to be guided by, and to promote human rights,are acknowledged.

b) Operationalization means more than a political commitment

The operationalization of human rights must bemore than just the expression of a political commit-ment – otherwise, it remains a nice but merelyrhetorical statement. It is a long and cyclical processof engagement, participation, reflection, debate andpractice, in a continuing search for further learningand improvement. It is an interactive process of con-ceptualisation and experience that refines the think-ing and translates it into tangible actions at thenational and sub-national levels. It is a process thatenhances the sense of ownership and commitment tohuman rights by all actors in any given organization.

There are two requirements for this process tobe effective:● A serious effort must be made to raise awareness

and promote capacity building in human rightsamong all those working in international coopera-tion. The normative value and the ethical imperativeof human rights needs to be internalised through aprocess of understanding, engagement and commit-ment - if we fail to do so, we may gain a nice slo-gan, but we will not make a difference. Motivationwill be lacking and commitment missing.

● Specific guidance needs to be provided to thestaff on what needs to be done differently, whichrealities need to be taken into consideration andwhich results are now gaining visible expression.Without such guidance, the human rightsapproach may become subjective, arbitrary ornever overcome the simple resistance to change.

c) Operationalization means turning a commitmentinto a clear agenda

Operationalization means translating commitmentinto a human rights agenda, with clear human rightsprinciples – universality, indivisibility and inalienabil-ity – based on the active participation of the personsaffected; and also with a clear navigation chart identi-fying what needs to be done and acting as a visiblereference for the assessment of the achievementsmade and the difficulties encountered. Experience hasshown how positive it has been to use a human rightstreaty as the framework for such a chart - the CRCconstitutes a valuable example and has been instru-mental in UNICEF’s work. Using a human rightstreaty as the reference is positive for many reasons:● It gives a vision to our work: the actions under-

taken are meaningful in as much as they con-tribute to the implementation of the treaty

● It provides a precise agenda, not a simple set ofgeneral principles

● It prevents our commitment from becomingdiluted in fragmented actions

● It allows us to set benchmarks and to identify themeasures required to achieve them in a particulartimeframe

● It provides an opportunity to promote a self-crit-ical and transparent monitoring process, which,in turn, constitutes a leverage for progress andimprovement.

d) A meaningful national agendaOperationalization also means flexibility, adjustmentto the specific reality of each country. But this shouldnot challenge or compromise universally acceptedhuman rights values and principles. They constitute aminimum core that is valid everywhere and which isnot subject to negotiation. Hence, it is essential todevelop a meaningful national agenda, anchored onan accurate assessment of the reality, on the identifi-cation of areas of priority concern, on the potentialrole of various actors, on the opportunities to enhancenational capacity and to achieve sustainable results.

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In all this, an important dimension needs to betaken into consideration - the specific legal com-mitments made by each State to ensure and respecthuman rights, in particular upon ratification ofhuman rights conventions.

States’ human rights obligations need to beacknowledged as an expression of State sovereignty.At the same time, they provide an opportunity forinternational cooperation to assist in these endeavours.

How?

● In the development of a comprehensive HumanRights National Plan of Action. This should pur-sue a holistic approach, promote cross-sectoralinterventions, foster the active involvement ofcivil society, and set benchmarks to be achievedin a particular timeframe.

● In the adoption of human centred policies, and inthe systematic assessment of their impact on theenjoyment of human rights.

● In the development of an effective national mon-itoring system. This would be based on the col-lection of accurate and reliable data, includingthe identification of indicators to reflect trends,assess disparities, and identify levels of vulnera-bility, and on the wide dissemination of suchresults, to inform policy making, to foster socialchange and to promote popular participation andpublic scrutiny

● In the serious consideration of the reporting sys-tem to human rights treaty bodies, both to portraya realistic picture of the national reality and toensure a serious follow-up to the concludingobservations and recommendations by each com-mittee concerned — including through technicalassistance programmes.

UNICEF’s Implementation Handbook for theConvention on the Rights of the Child is just one,although very important, illustration of this overallprocess — a process of social change promoted bythis human rights treaty – and of the role some UNactors have played in supporting national efforts.

For the UN System, as well as for developmentcooperation partners, the operationalization of ahuman rights approach is not limited to providingassistance to State efforts. It implies the need toclarify our distinct contributions, to identify the

results we want to achieve, the benchmarks wewant to reach and the process we want to pursue.This includes the steps designed to create anenabling environment for human rights to be placedat the centre of the agenda, both at the internation-al and national levels, through advocacy cam-paigns, through specific programmatic interven-tions, through partnerships with other actors,Governments, NGOs, development agencies, andthe private sector.

A note on UNDAF

In the UN System, the Secretary General’sProgramme for Reform has provided a specialopportunity to promote a human rights approach todevelopment. This opportunity gains a specialdimension in the United Nations DevelopmentAssistance Framework (UNDAF) process.

UNDAF presents a meaningful occasion for theUN family to collaborate meaningfully, enrichingthe process with their diversity and to stand for theUnited Nations shared human rights values of theUN in its cooperation with governments.

It is encouraging to note that in the pilot phase ofimplementation, human rights have been an impor-tant component and have helped shape the agendaof the country teams. The conventions in force ineach country concerned, particularly CRC andCEDAW, ratified by all pilot countries, has been arelevant reference.

In the preliminary UNDAF assessment humanrights are recommended as an essential cross-cutting issue. In the guidelines, specific wordinghas been proposed to fully reflect human rights val-ues and ensure that the legal commitments under-taken by Governments upon ratification of humanrights treaties are duly considered.

Moreover, a specific recommendation has beenmade for the Common Country Assessment, whichdefines the context within which the UN will inter-vene at country level, to take into account the con-cluding observations adopted by treaty bodies uponexamination of State parties reports.

Much remains to be done. But if this opportuni-ty is used, we will have decisively contributed tothe promotion of a national process of developmentinformed by human rights and designed to enhancetheir realization.

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1. CRC and CEDAW as decisive references

Human rights standards and in particular theConventions on the Rights of the Child (CRC) andon the Elimination of all Forms of Discriminationagainst Women (CEDAW), are a decisive referencefor the work of UNICEF. They permeate the orga-nization’s activities:● in advocacy, through publications, participation

in major international conferences27 or in publicstatements;

● in its cooperation with governments, both withdonor governments and those in the developingworld;

● in the context of its cooperation with other inter-national organisations, particularly those withinthe UN system as the UNDAF process illustrates;

● in its collaboration with international financialinstitutions;

● in the building of partnerships with relevantactors of the civil society.

2. UNICEF is well placed to pursue this mandate

Unlike many other organizations, UNICEF has apresence in almost every country, either through itsCountry Offices or its National Committees. Thisgives UNICEF the opportunity to promote universalrespect for the principles and provisions of the CRCand CEDAW, enriched by the diversity of the differ-ent economic, social or political contexts withinwhich they are implemented. UNICEF’s role in thisarea has highlighted the meaning of universality,showing that the realization of children’s rights andwomen’s rights are not dependent on a particulareconomic or social system. Rather, they constitutethe foundation for development, a reference for po-licymaking and law reform, an imperative for themobilisation and allocation of resources, and anagenda for advocacy and awareness campaigns.

In its collaboration with other international part-ners, including international financial institutionsand development organisations, UNICEF has an

opportunity to play a catalytic and leading role inplacing the rights of children and women at the cen-tre of the cooperation agenda, in promoting animpact assessment of their policies and programmes,monitoring progress achieved, and preventing over-lap as well as streamlining activities and resources.

In this process, the increasing movement towardsratification of human rights conventions, especiallythe CRC and CEDAW and the resulting normativeand ethical framework has provided UNICEF with avery special opportunity to act in close collaborationwith States parties to these treaties. Opportunitieshave been seized to develop national agendas,informed by human rights values, where progress canbe promoted and seriously assessed against the pre-cise context provided in these treaties. In the case ofthe Convention on the Rights of the Child, UNICEFhas a specific mandate to act as an advocate for chil-dren and to ensure the realisation of their rights - mak-ing UNICEF a universal ethical voice for children.

The efforts of UNICEF to develop its approachand to increasingly work within a human rightsframework, have been recognised as forging newimportant ground within the UN system-wideaction. In particular, the active involvement of theorganization in this process has encouraged the HighCommissioner on Human Rights to build uponUNICEF’s experience and lessons learnt and broad-en efforts to ensure the universal promotion and pro-tection of all human rights. In her report to theCommission on Human Rights, the HighCommissioner stressed that UNICEF has adoptedthe CRC as a basis for dialogue with Governmentsand continues to be a strong supporter of the work ofthe Committee on the Rights of the Child and otherchild rights initiatives.

3. Implications for UNICEF’s country programmes

It affects the way the situation analysis is envisagedwhile broadening the framework for its develop-

III. IMPLICATIONS FOR UNICEF’S WORK

27 Such as the Stockholm Congress and the Oslo Conference.

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ment. Being guided by a human rights approach,the reality of all children needs to be assessed; theareas where priority interventions are required,identified; advocacy opportunities considered; situ-ations that are insufficiently understood studied;and partnerships widened to enhance the socialsupport for the cause of children.

It is vital to study and understand the context inwhich children and women live, through these newhuman rights lenses. Only after an accurate consider-ation of this reality is it possible to envisage adequateinterventions and promote lasting improvement.

a) Importance of the institutional, economic and social environment

It is important, inter alia, to identify the most rele-vant actors and their role in the design and imple-mentation of policies for children and women.What is the role of, and synergy between, the vari-ous departments of the government, and betweencentral, provincial and local authorities; what is therole of the Parliament in law making, for example,or budget allocations?

It is also necessary to understand whether civilsociety, including the NGO movement and relevantinstitutions, are associated with the efforts deployedby the State and given the opportunity to influenceand scrutinise its action; whether a national coordi-nating mechanism has been set up and a compre-hensive agenda for the realization of children’s andwomen’s rights promoted; whether there is an inde-pendent institution acting on behalf of children andwomen, such as an Ombudsman.

Attention should be paid to the priority given tochildren and women in resource allocation in thenational, provincial and local budgets. Has animpact assessment of policies and actions beenundertaken? Are there international and bilateraldevelopment and financial partners in the countryactively involved in the realisation of the rights ofchildren and women? What role is played by thesystem-wide action of the United Nations?

It is important to assess the national legal frame-work. Such an assessment should consider whetherthe constitution has acknowledged the rights ofchildren and women and whether there has been acomprehensive law review within which the provi-sions and principles of the conventions, includingnon-discrimination, participation and best interestsof the child, are incorporated. Can the provisions of

the conventions, or of the national laws incorporat-ing them, be directly invoked before, and appliedby, the courts and national authorities? An assess-ment should also examine whether enforcementmechanisms and procedures have been made avail-able to ensure the effective implementation of theconventions, and whether traditional and culturalvalues prevailing in the society are impairing orpromoting the realization of children’s andwomen’s rights.

Moreover, it is important to assess how serious-ly the ethical values of the conventions are regard-ed by the society as a whole, particularly the degreeto which children and women are perceived as realcitizens and active participants in the developmentof their communities. Have advocacy, information,education and training campaigns been launched tocreate awareness of, and respect for, the rights ofchildren and women? Has research been promotedon areas insufficiently studied, and does a move-ment of social mobilization back a public debate onthe situation of children and women?

b) Need to assess the situation of women and children

In the light of the principle of universality, all chil-dren, from birth to childhood and adolescence,boys and girls, of whatever colour, race, languageor religion and wherever they may live, need to beconsidered. Special attention should be paid to themost vulnerable groups in society28. Understandingtheir situation calls for a special effort, but it is animperative guided by the values of equity, solidari-ty and social justice. We clearly need to understandwho they are, the conditions in which they live, themost urgent problems affecting them and the rootcauses for their vulnerability. Only by ensuring vis-ibility to their situation will it be possible toformulate effective and relevant policies and envis-age adequate strategies to address their vulnerabili-ty. Failing to do so, we will simply increase theirmarginalization and fail to honour the commitmentmade to the universal rights of children.

These same principles apply to women. Theyneed to be considered in all stages of life, from birth

28 See UNICEF’s Mission Statement, “UNICEF is committed to ensuring spe-cial protection for the most disadvantaged children - victims of war, disas-ters, extreme poverty, all forms of violence and exploitation and those withdisabilities; in everything it does, the most disadvantaged children and thecountries in greatest need have priority.”

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to adulthood, but in their own right as active citizens,rather than simply as daughters, sisters or wives.

The situation of children and women cannot,however, be perceived in a vacuum, but rather inthe context of the various areas which are relevantto their lives. It is important to understand theextent to which their rights are effectively enjoyedand where major challenges remain - from theirright to a name and a nationality to their ability toaccess relevant information; from education andhealth to the administration of justice; from theirrights within the family to their protection againstdiscrimination, neglect or abuse. The principles ofindivisibility and interdependence should howeverguide this process, since all human rights are equal-ly important and closely interrelated. As theCommittee on the Rights of the Child has pointedout, a sector by sector, or article by article approachshould be avoided, and a thematic approach con-sidered, thus helping to preserve a holistic andhuman-centred perspective29.

The general principles identified by theCommittee on the Rights of the Child constitute aneffective tool to promote a human-centred perspec-tive and monitor progress in the realization of allchildren’s rights. Although conceived in the contextof the Convention on the Rights of the Child, theprinciples ofnon discrimination, best interests,respect for the views of the child(participation),survival and developmentare equally relevant forthe implementation of the Convention on theElimination of all Forms of Discrimination againstWomen. In reality, considering them in relation toboth treaties may help to emphasize and opera-tionalize their complementarity.

The accurate and objective consideration of thereality of children and women in any given coun-try leads to the identification of major areas wherepriority interventions are required, as well as to theconsideration of the best strategies to addressthem. This approach will shape the strategic role ofUNICEF in such a specific context.

c) Relevance of the reporting processIt is important to consider the close relationshipbetween this process and the reporting systemestablished under the Convention on the Rights ofthe Child and the Convention on the Elimination ofall Forms of Discrimination against Women.

In reality, both systems are mutually reinforcing.Both require: ● a dynamic and periodic assessment of the situa-

tion of children and women; ● the monitoring of progress achieved;● the identification of major factors hindering

improvement; ● a consideration of opportunities to introduce

adjustments; ● the development of an agenda for action where

more demanding benchmarks can be set for thefuture.

At the same time, both are designed to enhancethe national capacity and the sense of ownership ofefforts aimed at the promotion of children’s rightsand women’s rights.

While the situation analysis may be used as animportant basis for the preparation by the govern-ment of reports on the implementation of both con-ventions, the concluding observations30 adopted bythe Committee on the Rights of the Child and theCommittee on the Elimination of DiscriminationAgainst Women which monitors observance ofCEDAW, provide an important insight into areaswhere progress is lacking or insufficient. The con-cluding observations may signal where adjustmentsto the country programme may be required orwhere priority action should be focused in thefuture. They constitute a golden opportunity forUNICEF to enhance its dialogue with the govern-ment on sensitive areas, identified as major con-cerns by the treaty bodies. And they further indicatethe areas where international cooperation to sup-port national efforts might be most effective. Thissynergy becomes instrumental to promote constantprogress towards the universal realization of therights of children and women.

In reality, the close interaction between the twoprocesses introduces a common agenda and a com-mon approach on the basis of which UNICEF,together with governmental and non-governmentalpartners, and in collaboration with internationalorganizations and UN sister agencies, can address

29 See above the thematic clusters identified by the Committee in itsGuidelines for Reporting.

30 The concluding observations constitute an assessment by the Committeeconcerned of the process of implementation of the respective convention ina particular country. They are an authoritative statement by the Committeewhere positive achievements are acknowledged, areas of major concernidentified, and recommendations made for the future actions that the Stateshould undertake.

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the situation of children and women. A commonagenda will facilitate the effective participation of thecivil society and enhance the national capacity toimprove the situation of its most vulnerable members.

d) Value of advocacy and social mobilizationIn this process, UNICEF’s support to, and involve-ment in, public information campaigns, throughawareness and advocacy, becomes of criticalimportance. In fact, these activities help promotegreater understanding of, and respect for, the rightsof children and women; they foster social mobi-lization around them, enhance the country’s com-mitment to act on their behalf and promote theirvisible inclusion in the political agenda. They areinstrumental in changing existing prejudices andharmful cultural practices detrimental to theirrights. And they further promote a system of infor-mation that is comprehensive, reliable and objec-tive, on the basis of which policy making is pro-moted, equity and solidarity advanced, andprogress monitored.

Public information campaigns, when associatedwith the promotion of relevant education and train-ing activities, will help build a culture of obser-vance and respect for human rights and a societythat cares for children and women. Such a societyassumes the role of critical partner, promotingaction, encouraging improvement and monitoringachievement. It does not remain indifferent whenviolations occur.

States parties’ reports to the twoCommittees31 are not a simple formality.They constitute a special opportunity forthe State to make a comprehensive reviewof the measures undertaken for the imple-mentation of the Conventions and toassess their effective impact on the situa-tion of children and women. This exerciseencourages States to acknowledge diffi-culties encountered, assess progressachieved and to introduce adjustments innational policies to ensure a steadyimprovement in the realisation of chil-dren’s and women’s rights. The reportingprocess establishes the groundwork forthe design of a long-term and holisticnational agenda where specific bench-marks are set to mobilize action forwardand where opportunities are created foran effective and meaningful participationof the civil society.

31 The same in fact also applies to reports submitted in the context of other re-levant conventions, including the two international covenants on humanrights, the Convention on the Elimination of Racial Discrimination and theConvention against Torture and other Cruel, Inhuman or DegradingTreatment or Punishment.