United Nations Convention on the Rights of the Child
The UN Convention on the Rights of the Child is an international human rights treaty which grants all children and young people a comprehensive set of rights, including the right to express their views and have them taken into account in all matters affecting them (article 12); the right to play, rest and leisure (article 31) and the right to protection from all forms of violence (article 19).
The Convention is separated into 54 articles or sections covering different aspects of childhood and rights and freedoms.
All children and young people up to the age of 18 years have all the rights in the Convention. Some groups of children and young people – for example those living away from home, and young disabled people – have additional rights.
Only two eligible countries in the world have not yet ratified the Convention: Somalia and the US. This makes it the second most ratified human rights treaty in the world.
Scroll down to read CRAE's summary of the Convention.
Does the UN Convention on the Rights of the Child apply in the UK?
YES, the UK Government agreed to make all laws, policy and practice compatible with the UN Convention on the Rights of the Child when it ratified it on 16 December 1991 (though it registered some reservations which have since been removed). As international law, the Convention is meant to be followed and should be referred to by courts, tribunals and other administrative processes when making decisions that affect children.
In December 2010, Children's Minister Sarah Teather made a written statement pledging that the Government would give "due consideration" to the Convention whenever making new law and policy. The Ministerial Code refers to the "overarching duty on Ministers to comply with the law including international law".
Where can I find out more about the UN Convention on the Rights of the Child?
CRAE has produced an activity book for young children and a booklet for teenagers. You can also obtain materials from Save the Children and UNICEF.
You could contact your local council to see if it has adopted the Convention on the Rights of the Child – write to the chief executives department or the Director of Children's Services.
If you are a student you could check whether copies of the Convention, and accompanying materials, are in your school or college library.
Who checks whether the Government is meeting its obligations in the Convention?
When governments ratify the Convention, they must submit a report to the UN Committee on the Rights of the Child in Geneva after two years, and then every five years.
The Committee is a group of 18 adults from different countries who are experts on children's rights. The Committee examined the UK Government's record on implementing children's human rights in 1995, 2002 and 2008. The Committee published its latest concluding observations on the UK in October 2008: this included 118 recommendations for improving the promotion and protection of children's rights in England.
England has a Children's Commissioner who must promote awareness of the views and interests of children, having regard to the Convention on the Rights of the Child. Each year, the Children's Commissioner presents a report to Parliament.
CRAE publishes an annual review of Government action on the concluding observations of the Committee on the Rights of the Child. This report summarises key developments – positive as well as negative - in children’s human rights in England over the previous 12 months. Contact us to get a copy of the latest report (November 2010).
What happens if children’s Convention rights are violated?
Unfortunately, the Convention on the Rights of the Child as a whole is not currently part of UK law. (CRAE is pushing for the full incorporation of the Convention into domestic law - find out more here). This means a child or young person cannot bring a case to court if they believe their rights in the Convention have been breached. However, the Convention should be referred to in court and all other proceedings affecting children. It should always inform interpretations and judgments in Human Rights Act cases brought by children.
Which Government Minister is responsible for the Convention?
All parts of government are required to promote and protect the rights and freedoms in the Convention. Sarah Teather, Minister of State for Children and Families in the Department for Education, has lead responsibility for the Convention in the UK Government.
CRAE's summary of the Convention on the Rights of the Child
Article 1
- This Convention applies to everyone aged 17 or under.
Article 2
- All the rights in this Convention apply to all children and young people without any discrimination.
Article 3
- Adults should always try to do what is best for children and young people.
- Governments must do everything to make sure children and young people are safe and well looked after.
Article 4
- Governments must do all they can to make sure children's and young people human rights are upheld.
Article 5
- Parents can give children and young people advice and help about children's rights. The more a young person knows and understands, the less advice and help a parent needs to give.
Article 6
- Every child and young person has the right to life
- Governments must do all they can to make sure every child and young person has the best possible life.
Article 7
- Children and young people have the right to a name and a nationality.
- Children and young people have the right to be cared for by both parents.
Article 8
- Governments should do everything possible to protect the right of every child and young person to a name and nationality and to family life.
Article 9
- If a court is thinking about who a child or young person should live with, everyone affected by the decision should get the chance to be heard - including the child.
- Every child and young person has the right to keep in regular contact with both parents, so long as this is the best thing for the young person.
Article 10
- If a child or a parent wants to live in another country, the decision about this should be made quickly and fairly.
- A child or young person whose parents live in another country has the right to keep in touch with them.
Article 11
- Governments must work together to stop children and young people being taken illegally to another country.
Article 12
- Every child and young person has the right to express his or her views freely – about everything that affects him or her.
- The child’s or young person’s views must be given ‘due weight’ depending on his or her age and maturity.
- The child or young person has the right to be heard in all decision-making processes, including in court hearings. The child or young person can speak for him or herself, or someone else can speak for him or her.
Article 13
- Every child and young person has the right to freedom of expression, including the right to all kinds of information and ideas (unless there are legal restrictions).
Article 14
- Every child and young person has the right to freedom of thought, conscience and religion (unless there are legal restrictions).
- Governments must respect the right of parents and guardians to give advice to the child and young person about this right. The more a child or young person knows and understands, the less advice parents need to give.
Article 15
- Every child and young person has the right to meet people and to gather in public (unless there are legal restrictions).
Article 16
- The law must protect every child’s and young person’s right to privacy.
Article 17
- Governments must make sure children and young people have access to lots of different information.
- Governments must encourage the media to give information to children and young people and protect them from harmful information and materials.
Article 18
- Governments must do all they can to help parents look after children well.
- Parents are the most important people in children’s and young people’s lives. Parents must always do what is best for children and young people.
Article 19
- Governments must do everything to protect children and young people from all forms of violence, abuse, neglect and mistreatment.
- Help must be available for children and young people who are hurt by violence, abuse, neglect and mistreatment.
Article 20
- Children who are separated from their parents have the right to special protection and help.
Article 21
- The child’s best interests must be the top priority in adoption.
- Governments can support adoption between countries.
- Children and young people who are adopted by people in another country must have the same protections as children adopted by people in their own country.
Article 22
- Governments must give protection and humanitarian help to children and young people who are refugees, or who are trying to be accepted as refugees.
- Governments must give protection and humanitarian help to children who are trying to be accepted as refugees.
Article 23
- Every disabled child and young person has the right to a full life and to active participation in the community.
Article 24
- Every child and young person has the right to the best possible health and health services.
Article 25
- Children and young people who are in care or live away from home for health reasons have the right to have their care reviewed regularly.
Article 26
- Governments must support every child’s and young person’s right to have enough money.
Article 27
- Children and young people have the right to a standard of living that helps them develop fully.
- Parents have the main responsibility for making sure children and young people get this right.
- Governments must support parents. The amount of help the Government gives depends on how rich the country is.
Article 28
- Every child has the right to free primary education.
- Governments must encourage secondary education, making it available and accessible to every child and young person
- Access to higher education must be based on the ability to benefit from it.
- Governments must make sure children and young people get information about education.
- Governments must encourage regular school attendance.
- Governments must make sure that school discipline protects the dignity of children and young people, and is in line with their rights in this Convention – so no hitting or humiliation.
Article 29
- Governments agree that the aim of education is to help the fullest possible growth of the child's or young person's personality, talents and mental and physical abilities.
- Education must help children and young people:
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- respect human rights
- respect their parents
- respect their and others' culture, language and values
- have self-respect respect the environment.
Article 30
- Children and young people from minority communities must not be stopped from enjoying their own culture, religion and language.
Article 31
- Every child and young person has the right to rest, play and leisure.
- Governments must promote children’s and young people’s involvement in the arts.
Article 32
- Every young person has the right to be protected from harmful work and economic exploitation.
- Governments must do everything to protect this right.
- Governments must set a minimum age at which young people can work, and they must introduce rules to protect young people in work.
Article 33
- Governments must do everything to protect children and young people from illegal drugs.
Article 34
- Governments must do everything to protect children and young people from sexual exploitation (including prostitution) and sexual abuse.
Article 35
- Governments must do everything to protect children and young people from being taken away, sold or trafficked.
Article 36
- Governments must protect children and young people from all other exploitation.
Article 37
- Governments must do everything to protect children and young people from torture or other cruel, inhuman or degrading treatment or punishment. This is an absolute right, with no excuses for any breach of it.
- Children and young people must not be given a death sentence or life imprisonment without the possibility of release.
- Children and young people who are locked up should be able to challenge this quickly in court.
- Children and young people must only be arrested or locked up as a last resort and for the shortest possible time.
- Every child or young person who is locked up must be treated with respect.
- Every child or young person who is locked up must be separated from adults, unless it is better for him or her to be with adults.
- Every child or young person who is locked up has the right to keep in contact with his or her family, through letters and visits.
Article 38
- Governments agree to abide by international human rights law in relation to wars.
- Governments must do everything to stop children under 15 from being involved directly in a war.
- Governments must do everything to protect and care for children who are affected by war.
Article 39
- Governments must give good support to children and young people who have been hurt, abused or exploited.
- This support must promote children’s and young people's health, self-respect and dignity.
Article 40
- Every child or young person accused, or convicted, of committing a crime must be treated with respect.
- Every child or young person accused, or convicted, of committing a crime must be treated in a way that helps them to respect the human rights of others.
- Every child or young person must be treated as innocent until found guilty.
- Every child or young person should be told as soon as possible why they have been arrested and charged with a crime.
- Every child or young person accused of a crime must be given immediate access to a lawyer.
- No child or young person can be forced to give evidence in a court.
- Every child and young person has the right to an interpreter if they do not understand the country's main language.
- The child’s and young person's right to privacy must be fully respected at all times.
- Governments must set up a separate criminal justice system for children and young people.
- Governments should promote a minimum age of criminal responsibility.
- Wherever possible, children and young people in trouble should not have to go to court.
- Courts should always try to avoid sending children and young people to institutions.
- There must be many ways to help children and young people in trouble with the law, including care, guidance and counselling.
Article 42
- Governments must make sure everyone gets information about this Convention.
Articles 41 and 43 to 54 say how adults and governments must work together to promote and protect all the rights in this Convention.
