NCJ Number
187524
Journal
Child Abuse Review Volume: 9 Issue: 6 Dated: November-December 2000 Pages: 439-443
Editor(s)
Margaret A. Lynch,
David Gough
Date Published
2000
Length
5 pages
Annotation
Common criticisms of the United Nations Convention on the Rights of the Child (CRC) are discussed: the CRC is about liberty rights and not about protecting children, the CRC gives children dangerous freedoms and undermines respect for adults and parents, ideas about their rights may encourage children to be selfish and irresponsible, and the CRC may lead to complacency that treaties alone are enough to improve conditions for children.
Abstract
In discussing her views on the criticisms, the author does not believe the criticisms of the CRC are justified. She indicates rights in the CRC are classified into three types--provision of basic needs, protection against abuse and neglect, and children's participation in their families and communities. The CRC does not grant to children the liberty or autonomy rights that adults in democratic societies take for granted, such as freedom from assault or arbitrary detention and freedom to vote or to work. Instead, the CRC enshrines some halfway-to-autonomy rights, such as Article 12 which gives children the right to express a view in all matters affecting them. Participation rights under this article are about taking part and not taking charge. In addition, the CRC repeatedly qualifies children's rights, CRC rights involve necessities not luxuries, and CRC rights do not endorse selfish individualism. Although children cannot have a right to loving parents because love cannot be willed or enforced, the CRC recognizes the importance of growing up in a family environment and sets out standards of supporting parents as much as possible. The author concludes the CRC is an effective tool for monitoring the rights of children and as an instrument for change. 3 references