International Laws

haqcrc.org /child-rights/international-laws/

At HAQ we believe in using international law to strengthen our advocacy efforts on children. These international
commitments by India must be reflected in our Indian laws, policies and institutions it creates for the realisation
of child rights.

While the UN Convention on the Rights of the Child and its Optional Protocols are the principal instruments
concerned with children, there are some relevant Hague Conventions and other Regional Conventions, which
are also important for the realisation of the rights of children. India has signed and ratified some of them, but
there are several ones that it is yet to ratify and many where India has made declarations or reservations.

These important International Human Rights Instruments specifically address:

Children

Status of
International Legal Instruments Ratification/Signature/Adoption

Convention on the Rights of the Child, 1989 RATIFIED on 11 December 1992 with a
declaration on Article 32

Optional Protocol to CRC on Sale of Children, Child SIGNED on 15 November 2004 and
Prostitution and Child Pornography RATIFIED on 16 August 2005

Optional Protocol to CRC on involvement of Children in Armed SIGNED on 15 November 2004 and
Conflict RATIFIED on 30 November 2005

Amendment to article 43 (2) of the Convention on the Rights of NOT SIGNED

the Child, 1995

Convention on Consent to Marriage, Minimum Age for NOT SIGNED

Marriage and Registration of Marriages, 1962

Women

Persons with Disabilities

Status of
International Legal Instruments Ratification/Signature/Adoption

Convention on the Rights of Persons with Disabilities, 2006 SIGNED on 30 March 2007 RATIFIED on
1 October 2007

Optional Protocol to the Convention on the Rights of the persons NOT SIGNED
with Disabilities, 2006

Discrimination on grounds of caste/religion/ethnicity/language

Status of
International Legal Instruments Ratification/Signature/Adoption

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 Status of
International Legal Instruments Ratification/Signature/Adoption

International Convention on the Elimination of All Forms of Racial RATIFIED ON 3 Dec 1968
Discrimination (CERD), 1965

Convention on the Prevention and Punishment of the Crime of SIGNED on 29 Nov 1949 RATIFIED
Genocide, 1948 on 27 Aug 1959

International Convention on the Suppression and Punishment of the ACCEEDED on 22 Sep 1977
Crime of Apartheid, 1973

ACCEEDED on 12 Sep 1990

Refugees and Statelessness

International Legal Instruments Status of Ratification/Signature/Adoption

Convention on the Status of Refugees, 1951 NOT SIGNED

Protocol to the Convention on Status of Refugees, 1967 NOT SIGNED

Convention relating to the Status of Stateless Persons, 1954 NOT SIGNED

Convention on the Reduction of Statelessness, 1961 NOT SIGNED

Torture

International Legal Instruments Status of Ratification/Signature/Adoption

Convention Against Torture and Other SIGNED on 14 October, 1997 NOT RATIFIED (despite
Cruel, Inhuman or Degrading recommendation in this regard by the CRC Committee in its
Treatment or Punishment, 1984 Concluding Observations in Indias Second Periodic Report, India
has not ratified this Convention)

Optional Protocol to the Convention NOT SIGNED

Against Torture and Other Cruel,
Inhuman or Degrading Treatment or
Punishment, 2002

Slavery and Trafficking

Status of
International Legal Instruments Ratification/Signature/Adoption

International Agreement for Suppression of White Slave Traffic, 1904 Declared Applicable to India at the
time of transfer to the Secretary-
General

International Convention for Suppression of White Slave Traffic, 1910 Declared Applicable to India at the
time of transfer to the Secretary-
General

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 Status of
International Legal Instruments Ratification/Signature/Adoption

International Convention for the Suppression of the Traffic of the Women RATIFIED on 28 June 1922 with
and Children, 1921 reservations on age on Article 5

Slavery Convention, 1926 RATIFIED in 1954

Supplementary Convention on the Abolition of Slavery, Slave Trade and SIGNED on 7 September 1956
Institutions and Practices of Slavery, 1956 RATIFIED on 23 June 1960

Convention for the Suppression of the Traffic in Persons and of the SIGNED on 9 May 1950 and
Exploitation of the Prostitution of Others 1951 RATIFIED on 9 January 1953

Convention against Transnational Organised Crime, 2000 SIGNED on 12 December 2002

RATIFIED on 5 May 2011

Protocol to Prevent, Suppress and Punish Trafficking in Persons, SIGNED on 12 December 2002
Especially Women and Children, supplementing the Convention against RATIFIED on 5 May 2011
Transnational Organized Crime

Labour

Status of
International Legal Instruments Ratification/Signature/Adoption

ILO Convention No. 29 (Forced Labour, 1930) RATIFIED on 30 November 1954

ILO Convention No. 87 (Freedom of Association and Protection of Rights, NOT RATIFIED
1948)

ILO Convention No. 98 (Right to Organise and Collective Bargaining NOT RATIFIED
Convention, 1949)

ILO Convention No. 100 (Equal Remuneration Convention, 1951) RATIFIED on 25 September 1958

ILO Convention No. 105 (Abolition of Forced Labour, 1957) RATIFIED on 18 May 2000

ILO Convention No. 111 (Discrimination (Employment and Occupation RATIFIED on 3 June 1960
Convention, 1958)

ILO Convention No. 138 (Minimum Age Convention, 1973) NOT RATIFIED

ILO Convention No. 182 (Worst Forms of Child Labour, 1999) NOT RATIFIED

International Convention on Protection of Rights of All Migrant Workers NOT SIGNED

and Members of their Families, 1990

Civil & Political Rights and Economic Cultural & Social Rights

Status of
International Legal Instruments Ratification/Signature/Adoption

International Covenant on Civil and Political Rights, 1966 ACCEDED on 10 April 1979

Optional Protocol to the International Covenant on Civil and Political NOT SIGNED
Rights, 1966 on setting up of individual complaint mechanism

Second Optional Protocol to the International Covenant on Civil and NOT SIGNED
Political Rights, aiming at the abolition of death penalty, 1989

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 Status of
International Legal Instruments Ratification/Signature/Adoption

International Covenant Economic, Social and Cultural Rights, 1966 ACCEDED on 10 April 1979

UN Convention on the Rights of the Child and its Optional Protocols

Indias commitment to its children finds strength in the ratification of the Convention on the Rights of the Child in
1992.

Subsequently, India also ratified the Optional Protocol to the CRC on the sale of children, child prostitution and
child pornography on 16 August 2005 and the Optional Protocol on the involvement of children in armed conflict
on 30 November 2005.

The country has thus agreed to ensure all rights for all children based on the principles of non-discrimination and
the best interest of the child. The CRC revalidates the rights guaranteed to children by the Constitution of India
and various laws, policies and programmes emanating there from.

The country has to periodically report to the committee on its efforts and progress in realization of child rights in
the country based on which the Committee makes certain concluding observations.

A General Comment is an official statement adopted by the UNCRC that eloborates on the meaning of an aspect
of the Convention that seems to require further interpretation or emphasis. The aim of the General Comment is
to increase state accountability. To date there are 13 such Comments issued from the year 2001.

Implementation Handbook for the Convention on the Rights of the Child

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