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
Recognition of children as rights holders
Background
The CRC recognises children’s status as rights holders and subjects of rights independently from their parents or other adults.
The CRC establishes a direct relationship between the child as rights holder and the State as duty bearer.
Implications for legislative reform
The recognition of children’s status as rights holders is the premise and fundamental foundation on which legislative reform should be based.
- Legislation must explicitly recognise children as rights holders (Kilkelly et al. 2021). This distinguishes rights-based approaches from approaches based on welfare and protection.
- In recognition of the children’s status as rights holders, States Parties are required to implement the CRC as a whole. Incorporation of the CRC can cement the understanding that children are rights holders (Kilkelly et al. 2021).
Legislation must also specify the accountability of the State as duty bearer and the right of children to access justice and claim redress for violations of their rights.
- Because of their status, constitutions can reinforce the status of children as rights holders. Incorporation of children’s rights in the Constitution is a powerful sign of States Parties’ recognition of children as rights holders.
During the legislative reform process, children should be recognised as experts in the exercise of their own rights and entitled to participate in the process, in line with article 12 CRC.
For more information: O’Mahoney 2019; Kilkelly et al. 2021