The Convention on the Rights of the Child and Philip Veerman

The UN Nations Convention on the Rights of the Child (CRC) is the most widely accepted human rights treaty. It protects the rights of all children under 18 and ensures their voices are heard and considered.

The UN Nations Convention on the Rights of the Child was adopted by the United Nations General Assembly on November 20, 1989, and officially came into force on September 2, 1990. This treaty is a major step forward in protecting children’s rights and making sure their opinions are respected.

The UN Nations Convention on the Rights of the Child ensures that all countries respect children’s rights without any form of discrimination. So far, 196 countries have ratified the UN Nations Convention on the Rights of the Child, making it an important framework for child protection worldwide. However, the United States is the only country that has signed the treaty but has not ratified it.

The UN Nations Convention on the Rights of the Child was developed over a period from 1978 to 1989. In 2010, Philip Veerman wrote about the “Ageing” of the treaty in the International Journal of Children’s Rights (18(4), 585-618). His article was later reprinted in Michael Freeman’s The Future of Children’s Rights (Bill/Nijhoff, 2014, 16-49). As we focus more on digital rights for children, Veerman’s insights remain important for addressing the challenges children face today.

A new image of childhood

Philip Veerman published his book: The Rights of the Child and the Changing Image of Childhood in 1992. In this book, he examines how the image of childhood changed in the 20th century. He covers the period from the publication of Ellen Key’s The Century of the Child in 1900 to the adoption of the Convention on the Rights of the Child by the UN General Assembly in 1989.

According to him, the UN Convention on the Rights of the Child reflects this change in the image of childhood. Children are no longer seen only as objects in need of protection, but also as subjects with their own rights. Adults must therefore respect the views of the child.

This shift lies at the heart of the Children’s Right Convention, which recognizes children as active holders of rights.

History of the Convention of the Children’s Rights

The Convention on the Rights of the Child is not the first outcome of an international consensus on children’s rights. On May 17, 1923, the Save the Children International Union adopted the Declaration of Geneva. The League of Nations later adopted this document on September 26, 1924. People called it the Children’s Charter of the League of Nations.

Before the current Convention of Children’s Rights, earlier international efforts had already laid important groundwork.

Philip Veerman wrote about the Declaration of Geneva in his book The Rights of the Child and the Changing Image of Childhood. He also described the role of Eglantyne Jebb, who drafted the Declaration OF Geneva and founded Save the Children.

The year 2024 marks the centenary of the Declaration’s adoption. Philip Veerman reflected on this milestone in a publication by the Ombudsman for Children and Adolescents in Luxembourg (OKAJU).

Influence of Eglantyne Jebb and Janusz Korczak

Many people call Eglantyne Jebb the mother of the UN Convention on the Child. Many others regard Janusz Korczak, the pen name of Henryk Goldszmit (1878–1942), as the father of the Convention. He was murdered in the deathcamp Treblinka together with 100 children of his Jewish orphanage in Warsaw Dom Sierot. Korczak inspired others with his ideas on the child’s right to respect.

Philip Veerman devoted a chapter to Korczak in his book The Rights of the Child and the Changing Image of Childhood.

Four guiding principles of the CRC

Four key principles form the foundation of the treaty:

1. Non-discrimination: All children have the same rights. No child should face discrimination of any kind.
2. Best interests of the child: In every decision that affects children, their best interests must be a primary consideration. This applies to public or private social welfare institutions, courts of law, administrative authorities or legislative bodies
3. Right to life, survival, and development: Every child has the right to grow up safely and receive proper care. Decisions should match the child’s age and abilities. The evolving capacities of the child are recognised.
4. Respect for the child’s view: Children have the right to express their opinions in all matters that affect them. Adults must take these views seriously.

Specific rights in focus

CRC Article 24 – The child’s right to health and health services

Annemieke van Dijke and Philip Veerman wrote about children’s rights when parents have a mental disorder, including addiction. Their contribution appears in Chapter 17 of Children’s Rights in Health Care. Jozef Dorscheidt and Jaap Doek edited the book, and Brill/Nijhoff published it in 2019 (pages 443–466).

ISBN: 9789004327573 (electronic) / 9789004327566 (print).

CRC Article 33 – Protection from drug abuse

Damon Barrett and Philip Veerman co-authored A Commentary on CRC Article 33, focusing on the protection of children from narcotic drugs and psychotropic substances. Martinus Nijhoff published the book in Boston/Leiden in 2012.

ISBN: 9004147322.

CRC Article 14 – Freedom of thought, conscience and religion

Philip Veerman addressed this right in a chapter titled Is religion friend or foe of children’s rights?. The chapter appeared in the bilingual volume Droits de l’enfant et croyances religieuses: Autonomie, éducation, tradition, published in French and English.

ISBN: 978-2-9701189-6-1.

CRC Article 38 – Protection of Children affected by armed conflict

Charles Greenbaum, Philip Veerman and Naomi Bacon-Schnoor edited a book on the protection of children during armed political conflict published by Larcier -Intersentia in 2006.

ISBN 978-9050953412.

Progress and improvements

The Convention on the Rights of the Child (CRC) provides a framework for protecting children’s civil, political, economic, social, and cultural rights. However, it is the State parties (countries that have ratified the CRC) that are responsible for ensuring these protections. These states are obligated to implement laws and policies that protect children. They can be held accountable for their actions regarding child labour, juvenile justice, and health.

Challenges in implementation

Despite progress, many challenges remain in enforcing the Convention on the Rights of the Child. Main obstacles include:

Child poverty and lack of resources: Many countries struggle to provide healthcare and education. Millions of children lack access to basic services, violating Article 24 and Article 28.

Armed conflicts and displacement: Children in war zones face serious violations of their rights. Armed groups forcibly recruit many children, deny them access to education, and drive them from their homes and have them take part in hostilities. Governments and non-state actors often ignore Articles 19, 31, 37, and Optional Protocol 1 to the Convention.

Cultural and social barriers: Harmful cultural practices like child marriage, FGM, and forced labour still occur in many countries. These actions violate many Articles of the Children’s Rights Convention. Governments must work to change harmful norms and enforce child protection laws.

Philip Veerman wrote a chapter about caste discrimination of children. The title of the chapter is Examining the UN Committee on the Rights of the Child Through the Lens of Caste- and Descent-based Discrimination.

The chapter is included in The Oxford Handbook of Children’s Rights Law, edited by Jonathan Todres and Shani King. The book was published in Oxford in 2020.

The chapter appears as Chapter 25, on pages 513 to 540. ISBN: 978-0-19-009760-8.

Weak Legal Enforcement: Although 196 countries have ratified the treaty, enforcement is often weak. States must report to the UN Committee on the Rights of the Child every five years and take part in a dialogue at the Palais Wilson in Geneva.

The Committee also receives reports from NGOs. These reports are often joint submissions from coalitions of NGOs. These organizations frequently lobby the Committee to include specific issues in the Concluding Observations on the state by the CRC Committee.

Funding for the UN and its human rights treaty bodies, such as the CRC Committee, is entering its most difficult phase. The way the UN human rights system operates is being challenged.

Implementation by States regular reviews by the CRC Committee in Geneva: the Committee issues Concluding Observations, which serve as recommendations for ma Statte party for the following five years. NGOs can use these observations to lobby governments and parliaments for better implementation.

International organizations also help monitor and promote compliance.

Optional Protocols to the CRC

There exist three Optional Protocols to the United Nations Convention on the Rights of the Child. The first deals with the involvement of children in armed conflict. Philip Veerman wrote a chapter on this topic, titled The Ongoing Battle Against Recruitment of Child Soldiers. It appeared in Rechten van het Kind en Waardigheid (editors: J. de Graaf, C. Mak, P.J. Montanus, and F. K. van Wijk, Nijmegen, 2013, Ars Aequi Libri, pages 173–394).

ISBN: 978-90-6916-643-8.

Conclusion

Since November 1989, when the CRC was adopted by the UN General Assembly, we have made progress, but challenges remain. There are many violations of children’s rights. If you watch TV or read the papers every day, we see hungry and destitute children. At the moment we see the world order shifting and as a consequence the UN-human rights mechanisms are taken less seriously.