Article 16: The Right to Protection of Privacy

Abstract

This chapter provides a brief overview of article 16 of the UN Convention on the rights of the child and of its legislative history as outlined in the Travaux Préparatoires. It outlines the principle threats to children’s privacy today and summarizes the substantive content of Article 16, particularly in relation to the General Principles of child rights in Articles 2, 3, 6, and 12, as well as the nexus between the right to privacy and several other rights of children under the Convention as well as other international human rights instruments. It then puts forward four main attributes of the child’s right to privacy as aspects of the right which State Parties should monitor as a means of measuring the effective implementation of Article 16. The essential attributes of Article 16 and the child’s right to privacy are State protection against: (1) interference with privacy; (2) interference with family, home or correspondence; (3) unlawful attacks upon honour and reputation; and (4) protection of the law against unlawful interference or attacks.