Universality must guide children’s rights legislative reform.

Universality “means that human beings are endowed with equal human rights simply by virtue of being human, wherever they live and whoever they are, regardless of their status or any particular characteristics” (UN Doc. A/73/227, para. 2). It relates directly to children’s right to be treated with respect for their human dignity.

Universality of children’s rights flows from the almost universal ratification of the CRC, among others.

The human rights principle of universality is closely linked to the interrelatedness, interdependence and indivisibility of rights (UN Doc. A/73/227, para. 2).

Universality of children’s rights does not preclude cultural values and perceptions from influencing domestic implementation of children rights through legislative reform, among other things (for more information, see Alston 1994, p. 23; Doek 2018, p. 16; Arts 2014).

The CRC ‘has turned out to be a human rights treaty that clearly has an eye for the different contexts in which it will operate’ (Arts 2014, p. 277).

• However, cultural values and perceptions cannot set aside children’s rights, including the right of every child to be treated with respect for their human dignity (see e.g. Joint GC No. 18 and No. 31 on harmful practices).

The process of legislative reform should involve all stakeholders, including children, with particular attention to the involvement of representatives of groups that are marginalised, excluded or discriminated against.

The process of legislative reform should be conscious and respectful of existing cultural values and perceptions, which may prompt the involvement of participants with culturally diverse backgrounds.

Legislative reform must be based on the recognition that children’s rights have universal meaning.

Legislative reform should effectively promote respect for, protection of and fulfilment of the rights of all children.

Legislative reform should accommodate cultural diversity building on the room for interpretation and diverse implementation provided by the CRC and related instruments (see Arts 2014, p. 277).

Legislative reform can never set aside children’s rights or go against (the spirit) of children’s rights and children’s rights principles.

Legislative reform should be used to abolish harmful cultural practices (see Joint GC No. 18 and No. 31 on harmful practices)

Legislative reform should aim at ensuring equality and inclusiveness, especially in favour of traditionally excluded groups, and restoring balance where needed.

• This implies taking positive measures, through the adoption of legislative provisions in favour of children, including children in vulnerable situations.
• This also calls for the abolishment of any distinction, exclusion, restriction or unjustified preferences nullifying or impairing the recognition, enjoyment or exercise of all rights for all children, where appropriate through penal law.