Defence for Children International
United Nations Convention on the Rights of
the Child
Monitoring and implementationWithin just five years of its adoption, the Convention had been ratified by almost 90 per cent of the world’s governments. Such a level of adherence to a treaty in such a short period is unprecedented in the history of international human rights law. This, together with a degree of public awareness about the Convention that is probably also unequalled in relation to other international treaties, has led to very high expectations as to its effects in practice. Under the implementation mechanism provisions in the Convention itself, a Committee on the Rights of the Child composed of ten “independent” experts elected by States Parties (i.e. those that have ratified) monitors States’ compliance with their obligations on the basis of five-yearly reports they provide as well as other information made available by reliable sources. The Committee’s “monitoring” function, however, is balanced by its clear desire to set the implementation of the Convention in a non-confrontational framework of constructive dialogue and international solidarity. This approach responds to two realities: firstly, that monitoring by the Committee has a limited direct effect as such, because of the absence of sanctions that can be applied; secondly, that most countries would have little or no chance of complying with the Convention’s provisions unless provided with appropriate technical and other assistance. As a result, ratification by a wide range of countries has been facilitated and maximum potential impact of the Convention has thereby been greatly assisted. This “official” implementation procedure itself provides for some degree of involvement on the part of the non-governmental organisations (NGOs). To some extent, this is a reflection of the fact that, during the drafting of the Convention, recognised international NGOs were offered and took full advantage of the possibility of making an active contribution to the formulation of the text. In addition, and of their own accord, they undertook a concerted effort to promote awareness of the need for a Convention in this sphere. In order to carry out these tasks, most of them became involved in an NGO Group, coordinating their efforts and thereby making fullest use of their combined experience. Once the Convention had been completed and had entered into force, this NGO Group reconvened with a view to ensuring that NGO input into implementation is equally constructive and effective. The NGO Group is now a privileged partner of the Committee. Certainly, the Committee relies significantly on NGOs especially national organisations and the “national coalitions” that they are forming in a growing number of countries not only to provide additional information to that contained in State reports, but also to disseminate and make use of the conclusions and recommendations that the Committee prepares after reviewing those reports. Even NGOs that have no explicitly “human rights” tradition and/or no major children’s rights focus now cite the Convention as the basis or backcloth for their child-related policies. It has also been confirmed as the framework within which UNICEF programmes are to be conceived from now on. Civil society is therefore fully engaged in the battle to foster implementation, on an undoubtedly broader base than for other international treaties. |
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