The UN Convention on the Rights of the Child
The Convention, recognises for the first time that all children have full civil, social, political, cultural and economic rights, which must be promoted and protected by all. The agreement formulates principles valid worldwide in the approach to children regardless of social, cultural, ethnic or religious background. Since then, children, boys and girls are recognised as persons and citizens with rights, able to actively participate in family, social, cultural and civic life.
The Convention was ratified by Italy on 27 May 1991 with Law No. 176, thus becoming State law and fully applicable in Italian territory. Today, 196 states have ratified the Convention. Worldwide, only the United States has not legally bound itself to respect the rights recognised by the Convention.
The Convention consists of 54 articles and the text is divided into three parts:
- the first part contains the enunciation of rights (Arts. 1-41);
- the second part identifies the bodies in charge and the modalities for the improvement and monitoring of the Convention (Arts. 42-45);
- the third part describes the ratification procedure (Arts. 46-54).
The Convention provides for 4 fundamental principles, which must inform all the articles stated:
- Non-discrimination (Art. 2): the rights enshrined in the Convention must be guaranteed to all persons who are minors, without distinction as to race, sex, language, religion, opinion of the child, girl or boy, or of the parents.
- Best interests (Art. 3): In every decision, law, policy, measure, or public or private initiative, the best interests of the child must be considered and given priority.
- Right to life, survival and development (Art. 6): States must commit the maximum available resources to protect the life and healthy development of children, including through international cooperation.
- Listening to the views of the child (Art. 12): Children must be heard in all decision-making processes affecting them, and their perspectives, ideas and opinions must be taken into account.
To the UN Convention on the Rights of the Child three Optional Protocols are added, on specific topics. The first Optional Protocol concerns the sale, prostitution and pornography representing persons under the age of 18. The second Optional Protocol concerns the involvement of underage persons in armed conflicts. The third Protocol, on complaints procedures, provides, for the first time, remedies against violations of the fundamental rights of underage persons recognised by the CRC and the other two Optional Protocols, and will enable the defence of the rights of underage persons through the submission of reports or actual complaints to the UN Committee on the Rights of the Child, based in Geneva.
Italy has ratified all three Optional Protocols, thus being fully applicable in Italian territory.
