Study Unit 1 - International and regional framework Flashcards
(28 cards)
What are the two international instruments that South Africa has ratified ?
- The United Nations Convention on the Rights of the Child.
- The African Charter on the Rights and Welfare of the Child.
Who monitors compliance with the treaties ?
Compliance is monitored by Treaty Bodies, which are committees made up of independent experts.
Why did we need a seperate convention for children ?
Children Rights Convention is fundamentally different because it views children not as passive recipients not to be understood as reducing all other of welfare, but as rights bearers.
What is the most ratified treaty in the world, and which country has not ratified it ?
- The Convention on the Rights of the Child (CRC) is the most ratified treaty in the world.
- The only state that has not ratified it is the United States of America.
How many states ratified the CRC within two years, and what issue do some states have with it ?
- Within two years, 33 African states, 16 Asian states, 27 Latin American states, and 20 states from the Global North ratified the CRC.
- However, some states set reservations when they ratified, meaning they do not consider themselves bound by all provisions of the treaty.
What is the role of Treaty Bodies in monitoring UN Conventions ?
- Treaty Bodies are monitoring bodies for UN Conventions.
- They sit in Geneva three times a year and fall under the Office of the High Commissioner for Human Rights.
How many members does the UNCRC have, and what are their terms ?
- The UNCRC has 18 members from different nations.
- They are independent experts who serve a four-year term.
How are UNCRC members selected ?
Members are put forward by states and elected by all the states that have ratified the treaty.
How is state compliance with the CRC monitored ?
Compliance is monitored through reporting, issuing concluding observations (recommendations), providing authoritative interpretations (general comments), and receiving communications.
Which four provisions to the status of ‘principles’ has been raised by the Committee on the Rights of the Child ?
- Non discrimination (Art 2).
- Best interests of the child (Art 3).
- Right to life, survival and development (Art 6).
- Right to express views and have them taken into account (Art 12).
What does Article 5 of the Convention on the Rights of the Child (CRC) state about the role of parents and extended family ?
Article 5 states that States Parties must respect the responsibilities, rights, and duties of parents, extended family, or the community to provide appropriate direction and guidance to the child in exercising their rights.
How should direction and guidance be provided according to Article 5 ?
Direction and guidance should be provided in a manner consistent with the evolving capacities of the child, allowing them to gradually exercise their rights with increasing independence.
What are the three Optional Protocols to the Convention on the Rights of the Child (CRC) ?
- First Optional Protocol is the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography.
- Second Optional Protocol is the Optional Protocol on the Involvement of Children in Armed Conflict.
- Third Optional Protocol is the Optional Protocol on a Communications Procedure.
What is the purpose of the First Optional Protocol (OPSC) ?
The OPSC aims to prevent and combat the sale of children, child prostitution, and child pornography, ensuring stronger protections for children’s rights.
What is the purpose of the Second Optional Protocol (OPAC) ?
The OPAC seeks to protect children from involvement in armed conflicts, prohibiting their recruitment and use in hostilities.
What is the purpose of the Third Optional Protocol (OPIC) ?
The OPIC establishes a communications procedure, allowing individuals or groups to submit complaints about violations of children’s rights under the CRC.
What are the key elements of the communications procedure under OPIC ?
The procedure includes individual communications, interim measures, admissibility, friendly settlement, consideration of cases, views, and follow-up actions.
What is the inquiry procedure under OPIC, and when is it used ?
- The inquiry procedure is used for grave or systematic violations of children’s rights.
- The CRC Committee can investigate such violations if the state cooperates.
How do the admissibility requirements for OPIC compare to other international procedures ?
The admissibility requirements under OPIC are lower, but the cooperation of the state is required for an inquiry to proceed.
What are the child-specific provisions in the American Convention on Human Rights ?
- Article 17: Protection based on best interests.
- Article 19: Special protection for minors.
What does the European system include regarding children’s rights ?
European Convention on Human Rights and the European Social Charter.
What is the Lanzarote Convention ?
A European treaty (2007) against sexual exploitation and abuse of children.
When was the ACRWC adopted and by whom ?
Adopted on July 11, 1990, by the Organization of African Unity (OAU).
What are some key differences between the ACRWC and the UNCRC ?
- Prohibits all recruitment of children under 18 into armed forces.
- Ensures education for pregnant girls.
- Protects children of imprisoned mothers.
