Legal and Institutional Frameworks for the Protection of the Rights of the Child under International, Regional and National Systems

Abstract

The general point behind national, regional and international action on behalf of children is the moral and legal recognition of their emotional, physical and psychological vulnerability, their need for special care, and recognition of the obligation to respect and ensure respect for their rights including having their views respected. Events in childhood will affect the individual as an adult and consequently, society as a whole. The international community has recognized the need for standards to address specific classes of injustice and the status of entire groups of persons, and it has acknowledged the need for programmatic tools to address the special needs of vulnerable communities. In the case of children, the Convention on the Rights of the Child (CRC) is the main legal instrument of an increasing body of international law specific to them. This thesis offers substantive information on child rights issues. In Chapter One I discussed historical development of the rights of the child, the efforts of the international community since the time of the League of Nations. I also discussed the gradual progress of child rights from general principles and declarations to the binding instruments such as conventions and protocols. Also I traced the steps of drafting of the CRC and different organs involved, and issues of controversy which appeared sometimes during the drafting. Chapter Two examined the text of the CRC, and how it created a new vision of children as bearers of rights and responsibilities appropriate to their age. I also discussed the rights of the child who is living in normal environment as well as those who are living in difficult circumstances. Chapter Three discussed the harmful traditional practices affecting the health of women and children. Although there are many other practices, I concentrated on the practice of Female Genital Mutilation (FGM) since it affects directly and seriously 23 the girl child. Also debated is the question of considering FGM as human rights issue. It is not enough to know only about the CRC. We need to know about two optional protocols additional to the CRC: Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict and Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. These are discussed in detail in Chapters Four and Five. Chapter Six discussed the development of the regional child rights system, the instruments which guarantee rights for children and mechanisms that monitor the realization and enjoyment of different rights. The Chapter also makes a general analysis of the provisions of the various instruments. Chapter Seven discussed the child rights under the national legal system and whether the rules on them are in conflict or compliance with international child rights standards. Sudan has a duty to harmonize its national laws with its obligation under international and regional child rights instruments. The Chapter focused also on customary law and informal justice systems. Chapter Eight discussed the functioning of international, regional and national monitoring mechanisms dealing with children rights, how they work to protect and enforce the child rights. I also discussed in this Chapter the effective way of implementation of child rights under international, regional and national level. The final Chapter Nine is on conclusions and recommendations which will ensure an effective system for promotion and protection of the rights of the child under national, regional and international level.