The Rights of the Child in a Changing World. The UN Convention on the Rights of the Child: 25 Years After

Abstract

This general report gives an overview of the implementation of children’s rights in the 21 Member States of the UN Convention on the Rights of the Child that submitted their papers to the 2014 Congress of the International Academy of Comparative Law. They answered a questionnaire referring, first of all, to the definition of the child in the respective national laws, as well as to the most important rights of the child, such as the implementation of the best interest principle, the right of the child to know about his/her origin, the right of the child to be heard (right to participation), the right of the child to give medical consent, the rights of the child in the field of employment, prohibition of physical punishment, protection of the child through the deprivation of parental rights and in the case of inter-country adoption. The research presented in the national reports shows that there is a great degree of heterogeneity and asymmetry among the countries regarding not only the understanding of the rights of the child but also the level of their implementation in national laws. Most countries have adapted their legislation to incorporate the new rights of the child foreseen by the Convention, thereby significantly improving the legal position of children. However, both in these countries and in those that have not satisfactorily implemented the Convention, there remains room for a further improvement of children’s rights. Many factors will influence any further enhancement of children’s legal status in the world. Among them, human resources and political commitment are as important as factors related to economic development, the wealth of certain countries, mentality, culture, religion, and the general level of education. Nevertheless, the legal landscape of the regulation of the rights of the child has seen positive developments with a clear mandate for nations to keep a vigilant watch over the status of children’s rights and act together individually and within the UN framework to ensure their continued legal protection.