States that ratify the Convention on the Rights of Children are bound to it by International Law.
Vanuatu ratified it in 1993 so is bound to it by International Law.
194 countries have ratified, accepted or acceded to it.
The Convention deals with the child-specific needs and rights. It requires that states act in the best interests of the child. This approach is different from the common law approach found in many countries that had previously treated children as possessions orchattels, ownership of which was sometimes argued over in family disputes.
In many jurisdictions, properly implementing the Convention requires an overhaul of child custody and guardianship laws, or, at the very least, a creative approach within the existing laws. The Convention acknowledges that every child has certain basic rights, including the right to life, his or her own name and identity, to be raised by his or her parents within a family or cultural grouping, and to have a relationship with both parents, even if they are separated.
Compliance is monitored by the UN Committee on the Rights of Children.
United Nations Committee on the Rights of Children
18 international experts
Meets 3 times a year in Geneva
Annually submits and delivers a statement to the General Assembly of the United Nations
States required
1) to submit initial report after 2 years and then every 5 years as per Convention 44
2) appear before the Committee
Vanuatu should have submitted reports in 1995, 2000, 2005, 2010, 2015.
Individuals can submit reports for Child Rights violations to it
The Committee was created and came into force on February 27th, 1991.
Composition and functioning of the Committee Article 43 of the International Convention on the Rights of the Child provides the composition and the functioning of the Committee on the Rights of the Child.
The Committee is an independant and international body which supervises the application of the Convention on the Rights of the Child by the member states. It is made up of 18 self-employed experts on children’s rights, with high moral standards.
Three annual three-week sessions are being held by the Commitee in Geneva (in January, May, and September).
The Committee supervises the enforcement of the Convention by assisting states in its implementation, by cooperating with other bodies of the United Nations and with non-government organisations, and by spreading wide information about the rights of the child.
Role and competence – Study of reports and communications
The role of the Committee is to ensure respect and implementation of the Convention on the Rights of the Child. To ensure the implementation of the Convention, the Committee on the Rights of the Child has several functions.
Review of State Reports
Under Article 44 of the Convention on the Rights of the Child, the Committee studies reports which must be submitted by States.
In fact, States are requested to provide an initial report on the situation of the Rights of the Child in their territory two years after acceding to the Convention. They must then present the Committee regular reports every five years on the evolution of the situation of the Rights of the Child and efforts of implementation of the Convention in their legislation.
To guide the State’s parties in the presentation and writing of their report, the Committee adopted guidelines during its first session in October 1991. According to these guidelines reports must indicate, on the one hand, ‘factors and difficulties’ confronted by the State in the implementation of the Convention, and on the other hand, ‘specific priorities and objectives’ that States set out to achieve.
During these sessions, the Committee reviews the regular reports and then discusses on camera, (in private), with the representatives of States, to understand the reasons for the State’s weaknesses and make suggestions to help them fulfill their commitments. A real dialogue is established between the Committee and the States that encounter difficulties in the implementation of the Convention.
At the same time, the Committee can receive NGO reports that it will examine and compare with State reports.
At the following session, States that have encountered difficulties are the object of particular attention. They must present a new overview of their national situation, as well as the measures that have been adopted to solve the problems of implementation of the Convention.
At the end of the discussions with the States and NGOs concerned, the Committee publishes a final Observation, (that summarizes the situation and discussions), that will have to be made public by the State in its country.
In 2000, the Committee’s competence in terms of control enlarged with the adoption of two protocols associated with the Convention :
The examination of communications
State communications
The Committee on the Rights of the Child (CRC) is competent to receive communications formulated by State’s parties on the alleged violations of the Convention by other State’s parties.
Therefore, the Committee is not competent to impose sanctions on a State when the violation of one of the Rights of the Child has been demonstrated. It is simply going to establish a constructive dialogue with the State concerned to find a rapid and efficient solution.
Individual communications
The Committee has also, since the 28th May 2012, competence to deal with communications coming from individuals, in other words from persons, (the representatives of a child), claiming the violation of a right of the Convention by a State party.
You can visit the UN website to check the list of States Parties.
Therefore, the collective complaint system wasn’t approved.
It is also possible to use mechanisms set up by other international instruments that protect human rights.
Can examine, in certain circumstances, complaints concerning the violation of the Rights of the Child :
The Children’s Rights Committee limits
Since its inception in February 27 1991, the Commitee of the Rights of the child has monitored the implementation of the Convention on the Rights of the child in all countries that have ratified it. Nevertheless, the competency of this Committee remains limited and does not always permit effective implementation of the Convention.
The lack of collaboration between the Committee and other institutions
The Committee on the Rights of the Child monitors the compliance of the Convention and its two optional protocols across multiple methods of action and monitoring. The Committee convenes three times a year during which its members study the periodic reports of the states as well as national NGOs. It also draws up reports and general observations that establish certain rights under the Convention.
The Committee therefore strives to guarantee the rights that are a part of the Convention. Nevertheless these actions are delayed due to limited collaboration with other specialized agencies in the field of children’s rights. These institutions do not participate in the work of the Committee and thus cannot contribute.
Similarly, the Committee works very little with UNICEF and the other branches of the United Nations. All exchanges are done through the Economic and Social Council of the United Nations.
The absence of direct exchange between the Committee and these institutions also has the effect of hindering the possibilities for cooperation and joint action that would achieve more effective results.
The Committee has no binding power
The Committee on the Rights of the Child is not vested with binding powers that would ensure effective protection of children’s rights. It does not have the ability to make binding decisions or to impose penalties for violations. In effect, as part of the consideration of the periodic reports, the states are only obliged to send reports to the Committee.
Since Committee decisions are not binding, the states are not required to implement them. As a result, the consideration of reports does not guarantee the adherence of children’s rights in these states.
Furthermore, when investigating into allegations of children’s rights violations between state parties, if violations are found, the Committee is not capable of taking measures towards sanctions in order to end such violations. The only avenue available to the Committee to curb such violations is to publish reports which publicly denounce violations committed by the states that do not respect their commitments.
The power of the Committee depends largely on the goodwill of the states, both through their cooperation and their good faith in the implementation of the Convention. There is no alternative method at the disposal of the Committee to compel states to respect their commitments.
http://www.humanium.org/en/convention/committee/
Vanuatu ratified it in 1993 so is bound to it by International Law.
194 countries have ratified, accepted or acceded to it.
The Convention deals with the child-specific needs and rights. It requires that states act in the best interests of the child. This approach is different from the common law approach found in many countries that had previously treated children as possessions orchattels, ownership of which was sometimes argued over in family disputes.
In many jurisdictions, properly implementing the Convention requires an overhaul of child custody and guardianship laws, or, at the very least, a creative approach within the existing laws. The Convention acknowledges that every child has certain basic rights, including the right to life, his or her own name and identity, to be raised by his or her parents within a family or cultural grouping, and to have a relationship with both parents, even if they are separated.
Compliance is monitored by the UN Committee on the Rights of Children.
United Nations Committee on the Rights of Children
18 international experts
Meets 3 times a year in Geneva
Annually submits and delivers a statement to the General Assembly of the United Nations
States required
1) to submit initial report after 2 years and then every 5 years as per Convention 44
2) appear before the Committee
Vanuatu should have submitted reports in 1995, 2000, 2005, 2010, 2015.
Individuals can submit reports for Child Rights violations to it
The Committee was created and came into force on February 27th, 1991.
Composition and functioning of the Committee Article 43 of the International Convention on the Rights of the Child provides the composition and the functioning of the Committee on the Rights of the Child.
The Committee is an independant and international body which supervises the application of the Convention on the Rights of the Child by the member states. It is made up of 18 self-employed experts on children’s rights, with high moral standards.
Three annual three-week sessions are being held by the Commitee in Geneva (in January, May, and September).
The Committee supervises the enforcement of the Convention by assisting states in its implementation, by cooperating with other bodies of the United Nations and with non-government organisations, and by spreading wide information about the rights of the child.
Role and competence – Study of reports and communications
The role of the Committee is to ensure respect and implementation of the Convention on the Rights of the Child. To ensure the implementation of the Convention, the Committee on the Rights of the Child has several functions.
Review of State Reports
Under Article 44 of the Convention on the Rights of the Child, the Committee studies reports which must be submitted by States.
In fact, States are requested to provide an initial report on the situation of the Rights of the Child in their territory two years after acceding to the Convention. They must then present the Committee regular reports every five years on the evolution of the situation of the Rights of the Child and efforts of implementation of the Convention in their legislation.
To guide the State’s parties in the presentation and writing of their report, the Committee adopted guidelines during its first session in October 1991. According to these guidelines reports must indicate, on the one hand, ‘factors and difficulties’ confronted by the State in the implementation of the Convention, and on the other hand, ‘specific priorities and objectives’ that States set out to achieve.
During these sessions, the Committee reviews the regular reports and then discusses on camera, (in private), with the representatives of States, to understand the reasons for the State’s weaknesses and make suggestions to help them fulfill their commitments. A real dialogue is established between the Committee and the States that encounter difficulties in the implementation of the Convention.
At the same time, the Committee can receive NGO reports that it will examine and compare with State reports.
At the following session, States that have encountered difficulties are the object of particular attention. They must present a new overview of their national situation, as well as the measures that have been adopted to solve the problems of implementation of the Convention.
At the end of the discussions with the States and NGOs concerned, the Committee publishes a final Observation, (that summarizes the situation and discussions), that will have to be made public by the State in its country.
In 2000, the Committee’s competence in terms of control enlarged with the adoption of two protocols associated with the Convention :
- The optional protocol to the Convention on the Rights of the Child, concerning the involvement of children in armed conflicts;
- The optional protocol to the Convention on the Rights of the Child, concerning the sale of children, child prostitution and child pornography.
The examination of communications
State communications
The Committee on the Rights of the Child (CRC) is competent to receive communications formulated by State’s parties on the alleged violations of the Convention by other State’s parties.
Therefore, the Committee is not competent to impose sanctions on a State when the violation of one of the Rights of the Child has been demonstrated. It is simply going to establish a constructive dialogue with the State concerned to find a rapid and efficient solution.
Individual communications
The Committee has also, since the 28th May 2012, competence to deal with communications coming from individuals, in other words from persons, (the representatives of a child), claiming the violation of a right of the Convention by a State party.
You can visit the UN website to check the list of States Parties.
Therefore, the collective complaint system wasn’t approved.
It is also possible to use mechanisms set up by other international instruments that protect human rights.
Can examine, in certain circumstances, complaints concerning the violation of the Rights of the Child :
- The Human Rights Committee that protects the implementation of the international Covenant on Civil and Political Rights of 1966. An individual communication will be possible, if the State in question is a party to the protocol creating this Committee
The Children’s Rights Committee limits
Since its inception in February 27 1991, the Commitee of the Rights of the child has monitored the implementation of the Convention on the Rights of the child in all countries that have ratified it. Nevertheless, the competency of this Committee remains limited and does not always permit effective implementation of the Convention.
The lack of collaboration between the Committee and other institutions
The Committee on the Rights of the Child monitors the compliance of the Convention and its two optional protocols across multiple methods of action and monitoring. The Committee convenes three times a year during which its members study the periodic reports of the states as well as national NGOs. It also draws up reports and general observations that establish certain rights under the Convention.
The Committee therefore strives to guarantee the rights that are a part of the Convention. Nevertheless these actions are delayed due to limited collaboration with other specialized agencies in the field of children’s rights. These institutions do not participate in the work of the Committee and thus cannot contribute.
Similarly, the Committee works very little with UNICEF and the other branches of the United Nations. All exchanges are done through the Economic and Social Council of the United Nations.
The absence of direct exchange between the Committee and these institutions also has the effect of hindering the possibilities for cooperation and joint action that would achieve more effective results.
The Committee has no binding power
The Committee on the Rights of the Child is not vested with binding powers that would ensure effective protection of children’s rights. It does not have the ability to make binding decisions or to impose penalties for violations. In effect, as part of the consideration of the periodic reports, the states are only obliged to send reports to the Committee.
Since Committee decisions are not binding, the states are not required to implement them. As a result, the consideration of reports does not guarantee the adherence of children’s rights in these states.
Furthermore, when investigating into allegations of children’s rights violations between state parties, if violations are found, the Committee is not capable of taking measures towards sanctions in order to end such violations. The only avenue available to the Committee to curb such violations is to publish reports which publicly denounce violations committed by the states that do not respect their commitments.
The power of the Committee depends largely on the goodwill of the states, both through their cooperation and their good faith in the implementation of the Convention. There is no alternative method at the disposal of the Committee to compel states to respect their commitments.
http://www.humanium.org/en/convention/committee/