What are Children’s Rights?

Children’s rights are part of human rights, but they offer special protection because children are especially vulnerable. While general international human rights conventions apply to all people, children need additional rights due to their age and stages of development.

The UN Convention on the Rights of the Child (CRC) defines a child in Article 1 as “any human being below the age of eighteen, unless under the law applicable to the child, majority is attained earlier.” Childhood and adolescence involve unique developmental phases that differ from those of emerging adulthood and young adulthood. Because of these differences, children need specific rights and forms of protection.

The CRC ensures that every child is treated with respect and that their opinions are taken seriously. However, it is the State parties (countries that have ratified the CRC) that are responsible for fulfilling these obligations. Governments are required to prevent and respond to maltreatment and exploitation. They must also provide safe environments where children can play, learn, and grow.

The rights outlined in the CRC include access to education, health care, safety, and freedom of expression. Its goal is to guarantee that all children, without discrimination of any kind (Article 2), benefit from special protection, receive essential services, and can develop their personalities and talents while expressing their views freely.

The United Nations Convention on the Rights of the Child (CRC)

The CRC is a key international human rights Convention that defines the rights of the child. It is the most widely ratified international human rights Convention in the world. It requires of governments to have laws and regulations, and the CRC can be seen as the global standard to protect children and support their well-being and development.

The CRC requires all States parties (countries that ratified it) to uphold these rights through national laws, policies, and practices. It emphasizes t(in Article 3) that the best interests of the child must be a primary consideration. Article 12 gives children the right to express their views in decisions that concern them.

The United States is the only country that has not ratified the CRC. The USA signed the CFRC (a step before ratification). However, it has ratified two Optional Protocols: one on child soldiers and one on the sexual exploitation of children.

Key Principles of the CRC

The CRC is built on four main principles:

• Non-discrimination: Every child has rights, regardless of race, gender, religion, ethnicity, or socioeconomic status, with no exceptions.
• Best interests of the child: In everything that affects children, their best interests should come first.
• Right to life, survival, and development. Children have the right to a safe, healthy environment and to grow.
• Participation: Children have the right to share their views on all matters that affect them. 

Three Optional Protocols

The CRC has Optional Protocols to expand the rights in the CRC

• Optional Protocol on the Involvement of Children in Armed Conflict: It increases the minimum age for involving children in war to 18.
• Optoonal Protocol on the Sale of Children, Child Prostitution, and Child Pornography: It strengthens measures to prevent and punish the exploitation of children through sale, prostitution, and pornography.
• Optional Protocol on a Communication Procedure: Opens a complaint mechanism for children.

Real-Life Example of Children’s Rights in Action

The International Dalit Solidarity Network (IDSN) works against caste-based discrimination, especially in India and Nepal. The IDFN  recently obtained consultative status with the UN Economic and Social Council. Philip Veerman wrote about Caste- and Descent based discrimination and the CRC Committee in the Oxford Handbook of Children’s Rights Law (Oxford University Press, 2020, pp. 513–540).

Challenges and Barriers to Children’s Rights

Challenges like cultural practices, poverty, and lack of education still affect children’s rights. Armed conflict and political instability increase risks.

Strong coalitions of NGOs and international cooperation are essential to enforce children’s rights. Funding the work of Treaty Bodies overseeing UN Conventions of Hunan Rights (like the CRC) Committee) is critical. The UN Committee on the Rights of the Child has already cut pre-sessional hearings to reduce costs.

Children’s Legal Rights

In countries like Ireland, children’s rights are written into the Constitution, offering independent legal protection. In many other countries, the CRC has been ratified, but it is not yet considered national law and is rarely used in courts.

In the Netherlands, however, there is a slow shift: the CRC is being used in court cases more and more.

Health Care and Well-being

Health care is a basic right for all children. Article 24 demands of Strate Parties to provide access to quality health services.

Article 24 demands State parties to provide health care regardless of family income. Services should include vaccinations, care for disabilities, and emergency care.

Annemiek van Dijke and Philip Veerman explored mental health care in their chapter on children whose parents have mental disorders or addiction, published in the book Children’s Rights in Health Care (Brill, pp. 443–466).

Education as a Right

Education is a right and a duty. It helps break the cycle of poverty as well. The CRC promotes free primary education and access to secondary and higher education. Children should be able to stay in school as long as they want.

Schools are not just places to learn: they should be safe spaces where children can learn about their rights and build critical thinking skills.

Protecting Children from Harm

Preventing physical, emotional, and mental harm requires cooperation between governments, organizations, and communities. Strong policies and programs help stop abuse and neglect. The CRC gives children the right to protection at home and anywhere in the community. However, it is the State parties (countries that have ratified the CRC) that are obligated to enforce this right and ensure its implementation.

Children in Armed Conflict

Children in armed conflict face great risks. Many are forced into hostilities or support roles.

The Optional Protocol to the CRC on the Involvement of Children in Armed Conflict raises the minimum age for participation to 18. (The CRC originally set it at 15.) It promotes rescue and rehabilitation of former child soldiers.

The Optional Protocol also stresses reintegration. This is often difficult, as many child soldiers were forced to commit atrocities and may not be welcomed back.

Philip Veerman wrote about this in The International Children’s Rights Monitor (Summer 1999, pp. 10–15) about what he saw in Sierra Leone.

Sexual Exploitation and Trafficking

The Optional Protocol to the CRC on the sale of children, child prostitution, and child pornography, together with the Protocol on Trafficking in Persons (supplementing the UN Convention against Transnational Organized Crime), helps governments fight serious crimes against youth.

Philip Veerman addressed these issues in his chapter “Preventing the Victims of Child Trafficking” (Brill, 2017, pp. 433–458 in the book The United Nations Convention on the Rights of the Child Taking Stock after 25 Years d looking Ahead).

He also wrote (in Dutch) about shelters for trafficked minors in the Netherlands, published in Tijdschrift voor Orthopedagogiek, 56 (2017), pp. 59–782.

Education and awareness help children recognize and report exploitation.

How Countries Uphold Children’s Rights

Countries that sign human rights conventions like the CRC must implement them and adjust national laws accordingly or face consequences.

Regular reports to the UN Committee on the Rights of the Child help track progress, ensure accountability, and improve children’s welfare.

The Four Pillars of Children’s Rights: Civil, Political, Economic, Social

Children’s rights cover all areas of life:

• Civil Rights: Protection from harm, identity, and access to justice.
• Political Rights: Freedom to express views and influence decisions.
• Economic Rights: Access to education, health care, and safe living.
• Social Rights: Inclusion in culture, play, and public life.

These pillars ensure that all children and young people can grow up safely and reach their full potential.

Conclusion

Promoting children’s rights is essential for creating a world where every child can grow up safely, freely, and with dignity. These rights are more than ideals: they are legal commitments rooted in international human rights law. They protect children’s well-being, promote their development, and ensure their voices are heard.

The global acceptance of the Convention on the Rights of the Child has brought major progress, but paradoxically there are more violations of children’s rights than ever. Ongoing threats are armed conflict, exploitation, discrimination, and underfunding of oversight bodies; risk undoing hard-won protections.

Safeguarding these rights requires continued effort from governments, international institutions, civil society, and individuals. We must remain alert, especially as some governments shift their priorities away from human rights and other governments were never really committed.

If we fail to mobilise now for children’s rights, children’s rights risk being sidelined.