United Nations Convention on the Rights of the Child (UNCRC) - History, Major Articles And Importance

The full form of UNCRC is the United Nations Convention on the Rights of the Child. It was adopted on 20 November 1989. It is an international agreement on childhood. This Convention defines various guidelines to make a better world for all children under 18 years of age. The headquarters of the United Nations Convention on the Rights of the Child is located in New York. The convention came into force on 2 September 1990. As of 26 July 2022, there are 196 countries to it, including all United Nations members except for the United States. The Convention addresses the needs and rights specific to children. “Nations that ratify this treaty are bound to it by international law and Ratifying states must act in the best interests of the child.

United Nations Convention on the Rights of the Child is one of the most important topics for the UPSC IAS Exam. It covers a significant part of the International Relations subject in the General Studies Paper-2 syllabus. In this article, we shall study in detail about meaning, objectives, basic principles of UNCRC, and its relevance for the UPSC exam.

Also, check out the Integrated Child Protection Scheme (ICPS) here.

What is United Nations Convention on the Rights of the Child (UNCRC)?

The United Nations Convention on the Rights of the Child (UNCRC) is a binding international agreement that delineates the civil, political, economic, social, and cultural rights of every child, irrespective of their race, religion, or abilities.

History of UNCRC

The timeline of the United Nations Convention on the Rights of the Child (UNCRC) is listed in the table below:

Read an article on Child Labor Prohibition Act here!

About UNCRC

United Nations Convention on the Rights of the Child (UNCRC) is an international agreement that is legally binding. It has 54 articles that outline numerous children’s rights as well as the steps that governments should take to ensure that these rights are available to children. All UN members have approved it, except the US. It has received the most ratification of any human rights treaty in world history. All parties are required by the convention’s provisions to make sure that children’s basic needs are met and that they can realize their full potential.

Universal Children’s Day is celebrated on 22 November every year. The theme for 2021 was “A Better Future for Every Child”.

Also, check Integrated Child Development Services(ICDS) here.

Salient Features of UNCRC

• The convention applies equally to both girls and boys up to the age of 18, even if they are married or already have children of their own.
• The convention is guided by the principles of ‘Best Interest of the Child and ‘Non-discrimination’ and ‘Respect for views of the child.’
• It emphasises the importance of the family and the need to create an environment that is conducive to the healthy growth and development of children.
• It obligates the state to respect and ensure that children get a fair and equitable deal in society.

Study the detailed article on Child Labour in India with this link!

Objective of UNCRC

The objective of the United Nations Convention on the Rights of the Child is to protect the rights of all children in the world. It sets out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.

Also, check out the United Nations International Children’s Emergency Fund (UNICEF) here.

Fundamental Rights of Children

According to the United Nations Convention on the Rights of the Children, all children have fundamental rights from birth. The fundamental rights of children are listed below:

• Right to Survival – to life, health, nutrition, name, nationality
• Right to Development – to education, care, leisure, recreation, cultural activities
• Right to Protection – from exploitation, abuse, neglect
• Right to Participation – to expression, information, thought, religion

Four Basic Principles

The four basic principles on which fundamental rights are based are

• Article 2 – Non-discrimination
• Article 3 – Best Interest of the Child
• Article 6 – Right to Life Survival and Development
• Article 12 – Right to be Heard

The 3 Optional Protocols of the United Nations Convention on the Rights of the Child

The 3 optional Protocols are as explained below:

• The optional Protocol regarding the sale of children, child prostitution, and child pornography:
  • It was adopted on May 25, 2000, in New York, by the General Assembly of the United Nations and has been in force since January 18, 2002.
  • This protocol is primarily a juridical tool aimed at defining and prohibiting children’s involvement in prostitution and pornography.
• The optional Protocol regarding the involvement of children in armed conflicts:
  • It was adopted on May 25, 2000, in New York, by the General Assembly of the United Nations.
  • This protocol prohibits the recruitment of children into the armed forces. Henceforth, the States have the obligation and the public responsibility to forbid the enlisting of a person under 18 years old in the war.
• The optional Protocol regarding the complaints procedure before the Committee on the Rights of the Child:
  • It was adopted on November 19th, 2011 by the General Assembly of the United Nations and has been in force since May 28th, 2012.
  • If a child believes their fundamental rights were violated, they can file a complaint to the Committee.

Read an article on Child Labour in India here.

Major Articles of UNCRC

The United Nations Convention on the Rights of the Child (UNCRC) has given special articles to protect child rights, taking into account the significance of each people’s traditions and cultural values for the protection and harmonious development of the child. It also recognizes the significance of international cooperation for improving the living conditions of children in every country, particularly in developing countries.

• Article 1 (definition of the child): Everyone under 18 years of age has all the rights to this convention.
• Article 7 (registration, name, nationality, care): Children have the right to a legally registered name and nationality. They also have the right to know and, as far as possible, to have been cared for, by their parents.
• Article 19 (protection from violence): Governments should ensure that the children are properly neglected by their parents or anyone else who looks after them.
• Article 15 (freedom of association): Every child has the right to receive and share information, meet together and join groups and organisations as long as it does not restrict the rights of others.
• Article 2 (without discrimination): The convention applies to everyone whatever their race, religion, abilities, whatever they think or say, and whatever type of family they come from.
• Article 9 (separation from parents): Children should not be separated from their respective parents unless it is for their own good
• Article 32 (child labour): The Government should protect children from work that is dangerous, or that might harm their health or education.
• Article 13 (freedom of expression): Every child has the freedom to say what they think and to seek and receive information of any kind as long as it is within the law.
• Article 3 (best interests of the child): All organisations concerned with children should work towards what is best for every child
• Article 20 (children deprived of a family): If the children cannot be looked after by their own families, governments should ensure that they are looked after properly by people who respect their religion, culture and language
• Article 36 (other forms of exploitation): Children should be protected from any activities that could harm their development.
• Article 16 (right to privacy): Children have a right to privacy. The law should protect children from attacks against their way of life, their families and their homes.
• Article 4 (protection of rights): Governments must do all they can to fulfil the rights of every child.
• Article 22 (refugee children): If children have come into the country as refugees, then it is important that they have the same rights as children born here.
• Article 35 (abduction): The Government should make sure that children are not abducted or sold.
• Article 17 (access to information from mass media): Children have the right to reliable information from the mass media. Television, radio, and newspapers should provide information that they can understand, and should not promote materials that could harm them.
• Article 6 (survival and development): Every child has the right to life. Governments must take necessary steps to ensure that children survive and grow up well.
• Article 23 (with disability): Every child with a disability has the right to live a decent life with dignity, independence and an active role in the community. They are entitled to special care and support to lead such a life.
• Article 11 (kidnapping or trafficking): The Government should take steps to protect children from being taken out of their country illegally.
• Article 12 (respect for the views of the child): Children have the right to say what they think in all matters that may affect them and to have their opinion taken into account
• Article 24 (health and health services): Children have the right to good quality health care, clean water, nutritious food, and a clean environment so that you they stay healthy
• Article 34 (exploitation): The Government should protect children from sexual abuse.
• Article 25 (review of treatment in care): Those children who are under the care of any local authority (hospital, custody, etc), rather than by their parents, have the right to review their treatment and situation regularly.
• Article 37 (detention): No child shall be tortured or suffer cruel treatment or punishment while being detained for an offence. They can be arrested only as the last resort and that too for the shortest possible time and they are entitled to be in contact with their families during the detention period.
• Article 26 (social security): Children have the right to help from the Government if they are poor or in need.
• Article 40 (juvenile justice): Children who are accused of breaking the law, are entitled to receive legal help and a fair trial that takes into consideration their age and situation.
• Article 27 (adequate standard of living): Every child has the right to a standard of living that is good enough to meet their physical and mental needs.
• Article 28 (right to education): Every child has the right to an education. Primary education must be free. Secondary education must be available to every child.
• Article 29 (goals of education): Education should develop your personality and talents to the maximum extent. 
• Article 30 (children of minorities): Every child has the right to learn and use the language, customs, and religion of their family, whether or not these are shared by the majority of people in the country.
• Article 31 (leisure, play, and culture): Children have the right to relax, play and join in a wide range of cultural and extra-curricular activities.
• Article 42 (awareness of rights): The Government should make the convention known to all parents and children.

Check out the article on Social Structure in India for UPSC exams!

UNCRC and India

India consists of about one-fifth of the world’s children and ratified the United Nations Convention on the Rights of the Child (UNCRC), in 1992 (UNCRC 30th anniversary). The convention has played an important role in moving towards the realization of the rights of children. The convention has inspired India to enact a number of progressive legislations and formulate policies to address the pressing child rights issues.

Children’s day in India is celebrated on 14 November every year on the birthday of the First Prime Minister of India, Pandit Jawaharlal Nehru to raise awareness about the rights, education, and welfare of children.

Some of the core legislations that have been enacted to protect the rights of children include

• Right to Protection of Children Against Sexual Offences 2012: To ensure the safety of children against sexual crimes.
• Child Marriage Prohibition Act 2006: This act forbids child marriages in India.
• The Right of Children to Free and Compulsory Education (RTE) Act, 2009: This act states that “the fundamental right of every child between the ages of 6 to 14 with specifies minimum norms in elementary schools.”
• The National Commission for the Protection of Child Rights (NCPCR) was established in March 2007 according to the Commissions for Protection of Child Rights (CPCR) Act. Its primary objective is to “ensure that all laws, policies, programmes, and administrative mechanisms are in consonance with the child rights perspective.”

India has also launched a number of programmes and schemes to implement the mandate of the United Nations Convention on the Rights of the Child (UNCRC) and to promote the rights of children. Some of these schemes are listed below:

• Integrated Child Protection Scheme (ICPS) for Protection of Children: This scheme is based on the principles of ‘protection of child rights and ‘best interests of the child and the goal of this scheme is to support community-based emergency outreach services.
• Sarva Shiksha Abhiyan: This is an integrated scheme to ensure that children get school education right from pre-school to 12th class.
• Rajiv Gandhi National Creche Scheme for the Children of Working Mothers: The programme focuses on children aged 6 months to 6 years who live with working mothers in rural and urban regions who work at least 15 days per month or 6 months per year. The Plan covers the entire country of India. Children from low-income families and preferences would be given to poor children and children with special nutritional needs.
• National Food Security Act, 2013: The Act legally entitles up to 75% of the rural population and 50% of the urban population to receive subsidized food grains under the Targeted Public Distribution System. 
• Integrated Child Development Scheme (ICDS): This scheme provides children with nourishment, vaccination and pre-school education.
• POSHAN Abhiyan: This scheme is aimed at increasing nutrition among children, adolescents, and pregnant and lactating women.

Since India has surpassed the global average of 39 deaths per 1000 live births and is more likely to meet the SDG target, it has made historically significant and remarkable progress in reducing under-5 mortality from preventable causes. Additionally, the infant mortality rate (IMR) decreased from 79 in 1992-1993 (NFHS-1) to 41 in 2015-16. (NFHS-4). Prime Minister Narendra Modi stressed the importance of quality of education in one of his Mann Ki Baat

Also, check out the article on Child Marriage Restraint Act 1929 here!

Way Forward

To carry out the United Nations Convention on the Rights of the Child (UNCRC) mandate, it should be a top priority to implement laws and programmes well and to get the desired results, it is necessary to frequently monitor how programmes are being implemented. Improving implementation requires the generation of pertinent data and the execution of impact analyses of these schemes.

To realize the UNCRC’s objective, the need for the hour is cooperation from all important actors, including the State, Civil Society, children, communities, and the commercial sector. UNCRC emphasises the importance of the participation of children in decision making however this is an area where more implementations are required.

Also, check out the National Commission for the Protection of Child Rights (NCPCR) here.

Facts About United Nations Convention on the Rights of the Child (UNCRC)
Full Form of UNCRC	United Nations Convention on the Rights of the Child
Adoption Date	20 November 1989
Signatories	140
Parties	196
Headquarters	New York City
Depositary	UN Secretary-General
Objective	The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding international agreement setting out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.

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