Key elements of a Children's Rights Based Approach to legislative reform
Contents- The CRC Framework
- Wider Framework for Children’s Rights
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Key elements of a Children's Rights Based Approach to legislative reform
- Definition of the child
- Universality of rights
- Interrelatedness, interdependence and indivisibility of rights
- Recognition of children as rights holders
- Non-discrimination and equality before the law
- Best interests of the child
- Participation and the right to be heard
- Right to life, survival and development
- Evolving capacities of the child and the role of parents
- Accountability - Access to justice and effective remedies
- The legal context for implementation of international law
Interrelatedness, interdependence and indivisibility of rights
Background
Each children’s right is dependent on the fulfilment of all the other rights and all rights must be respected, protected and fulfilled.
The principle of interrelatedness, interdependence and indivisibility of rights is one of the essential attributes of a human rights-based approach, and must therefore guide children’s rights legislative reform.
The CRC includes the full scope of human rights (civil, political, economic, social and cultural rights).
Implications for legislative reform
The scope of legislative reform should include the entire legal framework so as to ensure that it is coherent and does not contain contradictions.
Review of legislation needs to consider the CRC as a whole, recognising the interrelatedness, interdependence and indivisibility of human rights (CRC GC 5, para. 18). Specifically, reforms should aim to incorporate the full scope of children’s rights: civil, political, economic, social and cultural rights.
States Parties are encouraged to ratify OPAC, OPSC and OPIC, the other core international human rights treaties (CRC GC 5, para. 17) as well as other relevant international and regional instruments.