Mark Anthony D.

Abenir, MCD
Mark Anthony D. Abenir, MCD
Department of SocialSciences Department of Social Sciences University of SantoTomas University of Santo Tomas

Social Change and Social Policy

1. 2. 3. 4.

General Information Regarding the UN CRC The UN CRC and Childhood Perspectives Key Themes in the UN CRC Challenges to the UN CRC

General Info Regarding the CRC

CRC in a Nutshell
1
It is the first globally-binding treaty protecting childrens civil, political, economic, social and cultural rights in both peacetime and armed conflict (Van Bueren, 1996: 27). Second, it is a framework for the duties borne by different actors at different levels of society to respond to the rights of children, and it helps us understand the knowledge, skills, resources or authority needed to fulfill those duties. Third, it is an ethical statement, both reflecting and building upon core human values about our commitment to collectively provide the worlds children with the best we have to give.

CRC in a Nutshell
The CRC, adopted by the UN General Assembly in November 20, 1989 and in force from September 2, 1990, was the most rapidly ratified international convention ever, ratified within 8 years by all the UNs 189 member countries except Somalia (Ansell, 2005). The Philippines became the 31st State to ratify the Convention in July 1990 by virtue of Senate Resolution 109 (Candelaria, 1997). Although in the CRC, children are recognized as complete individuals, they are not considered to exercise rights themselves, hence the rights are translated into duties and responsibilities towards children (Ansell, 2005).

Perspectives on Childhood

UN CRC Definition of a Child

A Child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier (Article 1).

Western Concepts of Childhood

Dionysian
Children should be seen and not heard.

Apollonian
Childhood is a time for play & not for work.

Children need protection Children need protection from themselves for they are from the world for they are easily corruptible & akin to innocent and passive. bad habits. Childhood is a time to learn discipline. Childhood should be happy.

Both
Childhood is a time set apart from the adult world. Children belong in families. Children are closer to nature than adults. Children are incomplete less than adult.
Source: Jenks, C. (1996). Childhood. London: Routledge.

Child Liberation
Liberation
Prescription

Vs .

Caretaker Thesis
Caretaker
Adults (family/state) should act paternalistically on childrens behalf, making the choices they would make for themselves.

The growing view that children are competent social agents has inspired calls to extend them rights to freedom & selfdetermination. Age is an arbitrary way of determining who has rights. Discriminating against children is equivalent to discriminating any other social group.

Reasons

Children are unable to act on their own interest: They lack the cognitive capacity and experience to make intelligent decisions, and lack emotional consistency.

Problem

Very young children do lack the By making decisions on behalf of competencies to exercise children, adults shape childrens many adult rights. futures, diminishing their capacity to construct their own lives.
Source: Archard (1993); Roche (1999); Burman (1995) all in Ansell (2005)

Global Notion of Childhood

Although childhood is socially constructed, there is a natural and universal distinction between children and adults, based on biological and psychological features that are taken for granted.

Source: Boyden and Ennew, 1997

hould be excluded from the

Global Notion of Childhood

Children develop through scientifically established stages, for which there is a normal route and timetable.

Source: Boyden and Ennew, 1997

hould be excluded from the

Global Notion of Childhood

Children are smaller and weaker and defined by the things they cannot do. They are apolitical and should not be held responsible for their own problems.

Source: Boyden and Ennew, 1997

hould be excluded from the

Global Notion of Childhood

Children should be excluded from the responsibilities of work and should be confined in the school and especially the home where their family is responsible for their upbringing.

Source: Boyden and Ennew, 1997

hould be excluded from the

Key Themes of the CRC

Guiding Principles of the CRC

Liberation Thesis Caretaker Thesis

Non-discrimination (Article 2) between children.

Best interest of the child (Article 3) Primary consideration in decisions by state authorities.

Status, abilities, sex, expressed opinions, beliefs, race, culture.

Views of the child (Article 12)

Should be taken seriously in judicial & administrative procedures affecting them.

Right to survival, protection, and development (Article 6) Governments should make ensure that children survive and develop healthily.

Sources: Candelaria, 1997; Ansell, 2005

4 Basic Rights of Children

Survival Development

Participation

Protection

Right to Survival
1. Article 5: Governments should respect the rights and responsibilities of families to direct and guide their children so that, as they grow, they learn to use their rights properly. 2. Article 6: You have the right to life. Governments should ensure that children survive and develop healthily.

Source: Candelaria, 1997

Right to Survival
3. Article 9: You should not be separated from your parents unless it is for your own good for example, if a parent is mistreating or neglecting you. If your parents have separated, you have the right to stay in contact with both parents, unless this might harm you. 4. Article 18: Both parents share responsibility for bringing up their children, and should always consider what is best for each child. Governments should help parents by providing services to support them, especially if both parents work.
Source: Candelaria, 1997

Right to Survival
5. Article 24: You have the right to good quality health care and to clean water, nutritious food and a clean environment so that you can stay healthy. 6. Article 26: The government should provide extra money for the children of families in need. 7. Article 27: You have a right to a standard of living that is good enough to meet your physical and mental needs. The government should help families who cannot afford to provide this.

Source: Candelaria, 1997

Right to Development
1. Article 17: You have the right to reliable information from the mass media. Television, radio, and newspapers should provide information that you can understand, and should not promote materials that could harm you. 2. Article 28: You have a right to an education. Discipline in schools should respect childrens human dignity. Primary education should be free.

Source: Candelaria, 1997

Right to Development
3. Article 29: Education should develop your personality and talents to the full. It should encourage you to respect your parents, your own and other cultures. 4. Article 31: You have a right to relax, play and join in a wide range of activities.

Source: Candelaria, 1997

Right to Protection
1. 2. 3. 4. 5. 6. 7. Right to a Name, Nationality & Identity (Article 7, 8) Right Against all forms of Abuse, Maltreatment, & Exploitation (Article 19, 34, 36) Right to be protected from dangerous drugs (Article 33) Right Against Abduction, Sale, Trafficking, & Illicit Transfer (Article 10, 11, 35) Right to immediate aid and relief in Emergency Situations (Article 22, 38) Right to protection and assistance in Especially Difficult Circumstances (Article 20, 21, 23, 30, 32, 37, 40) Right to Physical & Psychological Recovery & Social Integration of Child Victims (Article 39)
Source: Candelaria, 1997

Right to Participation
1. Article 12: You have the right to say what you think should happen when adults are making decisions that affect you, and to have your opinions taken into account (Right to Opinion). 2. Article 13: You have the right to get, and to share, information as long as the information is not damaging to yourself or others (Freedom of Expression). 3. Article 14: You have the right to think and believe what you want and to practise your religion, as long as you are not stopping other people from enjoying their rights.
Source: Candelaria, 1997

Right to Participation
4. Article 15: You have the right to meet with other children and young people and to join groups and organizations, as long as this does not stop other people from enjoying their rights. 5. Article 16: You have the right to privacy. The law should protect you from attacks against your way of life, your good name, your family and your home.

Source: Candelaria, 1997

Challenges to the CRC

1. Adultarchy Rule of the adult through excessive use of paternal powers. 2. Children are seen as apolitical (having no interest and capability to engage in discourse and politics). 3. Excessive violence and sexualized portrayals of children and youth in mass media. 4. Parents take advantage of utang-na-loob (indebtedness mentality) syndrome. 5. The view that children and youth are not fully human.