UNICEF and the Safeguard of Children Rights Essay Example for Free

UNICEF and the Safeguard of Children Rights Essay UNICEF’s mission is to advocate for the protection of children’s rights, to help meet their basic needs and to expand their opportunities to reach their full potential. UNICEF is guided in doing this by the provisions and principles of the Convention on the Rights of the Child (UNICEF, 2008). Built on varied legal systems and cultural traditions, the Convention is a universally agreed set of non-negotiable standards and obligations (UNICEF, 2006). The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights civil, cultural, economic, political and social rights (Freeman, 1996). In 1989, world leaders decided that children needed a special convention just for them because people under eighteen years old often need special care and protection that adults do not (Alston, 1992). The leaders also wanted to make sure that the world recognized that children have human rights too. The Convention sets out these rights in 54 articles and two Optional Protocols. It spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life (UNICEF, 2006). The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child (Jasper, 1994). Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects childrens rights by setting standards in health care; education; and legal, civil and social services (Jasper, 1994). By agreeing to undertake the obligations of the Convention, national governments committed themselves to protecting and ensuring childrens rights and they have agreed to hold themselves accountable for this commitment before the international community. States parties to the Convention are obliged to develop and undertake all actions and policies in the light of the best interests of the child (Stein, 1998). Most of the governments have incorporated this issue in their development plan courtesy of UNICEF. UNICEFs work for the overall protection of childhood is guided by the principles and standards established by the Convention on the Rights of the Child (Walker, 1999). In advocating to protect childrens rights, to help meet their basic needs and to expand their opportunities to reach their full potential, UNICEF helps to change the legal and policy framework of States parties and to improve understanding of the Convention itself at all levels of society (Walker, 1999). Among other activities, UNICEF works in nearly 160 countries to support ratification and implementation of the Convention and the Optional Protocols on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography (UNICEF, 2008). UNICEF draws attention to the duties of governments, families, communities and individuals to respect those rights and supports them in doing so. During armed conflict, children are targeted for the worst possible violence and abuse, including abduction, rape and recruitment as child soldiers, and may be forced or coerced to take part in atrocities (Peters, 1997). Because children are among the most affected by conflict they become victims and witnesses of these offences (Brandes, 1999). The lack of accountability for conflict-related crimes against children can leave child victims vulnerable to further violation and abuse. Accountability in post-conflict situations can fulfill a number of important functions (Peters, 1997). It contributes to the process of healing and helps children understand that they are not to blame for what has happened. By investigating and documenting violations committed, accountability processes raise public awareness of the impacts of conflict on children (Dobrish, 1999). Accountability can also help to break the cycle of violence, restore confidence in democracy and the rule of law, and strengthen the legitimacy and authority of the new government (Fox, 1997). In recent years, truth, justice and reconciliation processes have begun to focus specifically on crimes committed against children and have involved children proactively, including through testimony that bears witness to their experiences(Dobrish, 1999). The recent involvement of children and adolescents in providing testimony to international and national courts and truth commissions has demonstrated their unique role as participants and as members of their communities (UNICEF, 2008). But if children are to engage in transitional justice processes their rights must be respected. The review and analysis of emerging good practices on the involvement of children and adolescents in truth, justice and reconciliation processes has brought to light a number of dilemmas. For example, it is recognized that children and adolescents who have been recruited to take part in hostilities are primarily victims of armed conflict. At the same time, many argue that some form of accountability for crimes committed by children is in their best interests and could contribute to processes of reconciliation and reintegration (Teitelbaum, 1999). Mechanisms of accountability for serious violations committed during armed conflict include a wide range of options, such as judicial prosecutions, truth commissions, restorative justice processes and traditional practices (Kurmay, 1996). When children engage in truth, justice and reconciliation processes, new possibilities and new challenges are encountered. In a number of instances, child-friendly procedures have been introduced to safeguard the rights of children who become involved and to support their protection throughout the process (Teitelbaum, 1999). This can help build children’s confidence and restore their sense of justice in the social and political order, while also establishing a mechanism of accountability for crimes committed against them. However, many questions remain as to how best to protect the rights of children involved as victims and witnesses in these contexts. Ideally children’s participation should strengthen and enhance their protection, and protection measures should enable participation (Kurmay, 1996). In the long term, if children are excluded from transitional processes, they may become frustrated and vulnerable to a continuing cycle of violence, impacting future generations. Failure to address their concerns also wastes the capacity and potential of children and adolescents to serve as catalysts for reconciliation and peace-building within their own communities (Dwyer, 1999). The importance of furthering efforts to support children’s involvement in transitional justice processes was identified during an expert discussion on Transitional Justice and Children convened by the UNICEF Innocenti Research Centre (IRC) in November 2005. It was proposed that research on children and truth commissions be undertaken, identifying good practices and lessons learned, and recommending strategies to improve and facilitate children’s participation in future truth commissions(UNICEF, 2006). Documentation on the role of children in truth commissions was initiated by UNICEF IRC and the International Center for Transitional Justice (ICTJ) (UNICEF, 2006). In the course of research underway on children and truth commissions, a number of issues have emerged requiring further research and analysis in order to better understand the potential and the limits of children’s participation in transitional justice processes (ACF, 2007). As a result it was decided to initiate an Expert Paper Series on Children and Transitional Justice, addressing a broad range of issues, including judicial accountability, truth-seeking, local, traditional and restorative justice processes, and institutional reform. The Series has helped to build a network for sharing information and expertise, generating discussion and debate among key stakeholders (UNICEF, 2006). These include child protection advocates, government agents, legal experts and academics. The objective of the expert paper series is to improve accountability for crimes against children and to protect the rights of children involved in transitional justice processes (ACF, 2007). Specific papers will document and analyze emerging good practices and lessons learned; evaluate the potential role of children; and anticipate and promote strategies for involving children in future transitional processes(ACF, 2007). It is anticipated that studies undertaken in this series will help to guide the involvement of children in truth, justice and reconciliation processes in post-conflict transition. UNICEF works closely with other human rights bodies such as Human Security Network (HSN). This is an organization which has a long-standing commitment to human rights and to the protection of the most vulnerable both in peace and in times of conflict (Marta, 2007). The Human Security Network plays a decisive role in advancing the implementation of the Convention and of its two Optional Protocols, and in reaffirming, in each and every decision the general principles of non discrimination, best interests of the child, survival and development and participation of the child (UNICEF, 2008). The year 2007 was a landmark year for the protection of children’s rights. Indeed, 2007 marked the 18th anniversary of the adoption of the Convention on the Rights of the Child (Marta, 2007). As the Convention entered a new stage of adulthood there was an opportunity to celebrate the many important achievements and to critically reflect on the best ways of addressing the challenges ahead. The year was also marked by the General Assembly mid decade review of the follow-up to the Special Session on Children. This process was an important opportunity to reaffirm our shared commitment to children, to advance the Millennium Agenda and further consolidate a world fit for children (Marta, 2007). By 2007, there is a full prohibition of all forms of violence against children in 19 countries (UNICEF, 2008). Legislation was adopted in The Netherlands where law enactment is being supported by a communication plan designed to inform parents and the general public about the legal ban in the lead up to its entry into force. New Zealand has banned the use of reasonable force for parents in the disciplining of their children (ACF, 2008). In a number of other nations draft legislation has been prepared and in others public commitments have been undertaken to ban all forms of violence (ACF, 2008). Once the changes become effective within each of these States, one fifth of the UN Member States would have extended legal protection to prevent violence against children (UNICEF, 2008). UNICEF have recently developed and launched a Handbook on what parliamentarians can do to protect children from violence (UNICEF, 2008). With the participation of parliamentarians and international organizations from more than 100 countries, the launch was an opportunity to anticipate actions parliaments can take to ensure children’s freedom from violence, including through their legislative power, and to encourage and oversee government action and to promote the allocation of resources for relevant programmes and interventions(UNICEF, 2008). The Handbook will be translated in national languages and used as an important tool to support follow-up to the UN Study on Violence (Marta, 2007). The Human Security Network have partnered to promote its wide dissemination and use. Naturally, legislation is only meaningful when it is effectively applied. To make law enforcement a reality it is important to engage children in the process of implementation (Masson, 1999). It is for this reason that UNICEF has joined efforts with a number of partners to produce the child friendly version of the UN Guidelines on justice in matters involving child victims and witnesses of crime. The child friendly version was launched at the recent Crime Prevention Commission, in Vienna (UNICEF, 2008). The previous months show the instrumental role played by Professor Pinheiro as a global advocate and a catalyst for social change. But the task is just beginning and only by moving the implementation forward can we build a world free from violence for every child, wherever he or she may live (Marta, 2007). France hosted a major conference in 2006 where a wide range partners endorsed the Paris Principles to stop the recruitment and use of children in adult wars. The document represents the state of the art knowledge in the prevention, protection and reintegration of children recruited by armed forces and groups. And it has a unique potential to ensure the realization of children’s rights more broadly (UNICEF, 2008). These milestones are mutually complementary and provide a strategic vision for the future. More importantly, they give us a golden occasion to make a real difference in the lives of children (UNICEF, 2008). At the heart of this process are two closely related dimensions; child participation and the prevention of violence and conflict. Together, they both support the protection of children’s rights. A recent study of the Innocenti Research Centre a partner of UNICEF on â€Å"Birth Registration and Armed Conflict† revealed a few truths. Birth Registration is a permanent and official record of a child’s existence (Marta, 2007). It is a fundamental human right and has strong implications for the enjoyment of other human rights it thus stand as a vivid illustration of the indivisibility of children’s rights and a call to always keep a child centered approach. In times of war, birth registration gains a special relevance for child protection, for the prevention of child recruitment, abduction and exploitation, as well as for access to humanitarian assistance (ABA, 2007). Over 25 truth commissions have been convened in various countries over the last decades and several have addressed the experiences of children (ABA, 2007). But the Truth Reconciliation Commission (TRC) for Sierra Leone was the first truth commission to specifically focus on children as victims and witnesses, and to profile children’s role as actors in the reconciliation process. It is also the first case where a children’s version of the Commission’s report was prepared (ACF, 2008 ). The children’s version of the Sierra Leone Truth and Reconciliation Commission Report is one example of how children can contribute to community efforts towards reconciliation and transition, while helping to break the cycle of violence and re-establish confidence in the rule of law. UNICEF has had its fair share of challenges in protecting the rights of children. Civil wars especially in Africa have always targeted the children as recruits and this has always been a hurdle for the organization to overcome. Advocacy for children rights in a civic war infested area has not always been easy for them since the lives of the employees are also threatened. Lack of political will in various countries to support the UNICEF’s initiatives has been another monster in children rights protection. Some government agents like the police may be uncooperative in issues of child trafficking, pornography and other related cases hence the risk of failing to catch non-convicted abusers. Other barriers that have been along UNICEF’s path to success are undeveloped, unimplemented and conflicting policies on children rights and responsibilities in many countries. Lack of adequate funds to support their initiatives especially in less developed countries. Traditional practices and taboos among communities are also a major impediment since some encourage abusive practices against children such as communities’ warriors, early marriages, and local slave trade among others. Children are members of their communities and by taking part in community action they increase awareness and confidence and build their capacity for citizenship (Teitelbaum, 1999). Through their involvement in community reconciliation efforts, children can become advocates and catalysts within their families and communities, energizing reconciliation and nation building efforts (Jackson, 1999). It is by addressing the root causes of conflict and providing realistic opportunities for young people that we can begin to break the inter-generational violence that has resulted in protracted conflicts in many countries today. Finally, as we move forward and support actions to prevent all forms of violence in peace and in war through UNICEF, we must not forget that at the centre of all our efforts are individual children whose lives hang in the balance of our actions. We cannot wait another minute. When Graca Machel prepared her report in 1995, she was asked by a child, â€Å"How long will it take before things get better? A month, a year? † Today that child is an adult and another generation of children is asking the same question (UNICEF, 2008). How long will it take? The life of a child leaves no second chance. That is the urgency that must drive us in our efforts to make a real difference, a lasting difference. References: Alston, Philip, et al. , Children, rights, and the law. 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Dobbs Ferry, NY : Oceana Publications, 1994. Masson, J. M. (Judith M. ) Out of hearing : representing children in care proceedings. Chichester ; New York : Wiley, c1999. Mezey, Susan Gluck. Children in court : public policymaking and federal court decisions. Albany : State University of New York Press, c1996.