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A Guide to General Comment 7: Implementing Child Rights in Early Childhood

Publication Date

April 2006

Summary

This 208-page document describes the drafting process that led to the publication of General Comment No. 7, on ‘Implementing Child Rights in Early Childhood’, by the United Nations (UN) Committee on the Rights of the Child. In brief, the process is as follows: the UN Convention on the Rights of the Child established its committee as a monitoring body of experts tasked with determining what progress ratifying countries are making on the rights of children and commenting in order to supply authoritative guidance on any problems or questions surfacing in the everyday application of the articles of the convention. These formal statements are known as 'General Comment,' of which this is No. 7.

The document is divided into 6 sections on the proceedings: the points of the comment itself, background papers submitted for the comment process, the original text of the convention, and the committee members. Specifically, the document describes Section I, the "Day of General Discussion 2004 on Implementing Child Rights in Early Childhood," as being divided in two parts: one on guaranteeing the rights to survival and development among young children - including the rights to health, nutrition and education and the right to rest, leisure and engagement in play and recreational activities - and the other on participation - focused on promoting the child as a rights-holder - in the family, the school setting, the community, day-care centres, early childhood programmes, pre-schools, pre-primary schools, and the first years of primary education. Keynote speakers addressed the rate of death due to preventable illness in young children, the role of poverty, and the vulnerability and capability of young children.

Recommendations from the "Day of General Discussion 2004" include:
  • Training and awareness-raising among parents, teachers and professionals to combat cultural attitudes that disfavour children and present obstacles to such things as breastfeeding, medicines for the very young, the right to life of girls, and the right to be cared for before and after birth;
  • Birth registration;
  • Promotion of law and policy development that provide comprehensive community-based early childhood programmes;
  • Resource allocation for such programmes;
  • Respect for four general principles of the convention: the best interests of the child, non-discrimination, right to life, survival and development, and respect for the views of the child;
  • Data collection for evaluation and monitoring, as well as research and training;
  • Acknowledgement of the right to rest, leisure, and play;
  • Participation in matters affecting children;
  • Assistance to parents and families; and
  • Education, including human rights education.
Section II contains the text of General Comment No. 7, which, according to the UN Committee on the Rights of the Child is "intended to help develop a deeper understanding of central issues that emerge as the treaty bodies monitor the implementation of the conventions and covenants they are mandated to observe and supervise." Focus points include: clarification that children are rights holders and contributing participants with their own views; stress on the responsibility of ensuring children opportunities for learning in environments conducive to growth; and emphasis on the duty of governments, public services, and persons who live and work with children to establish conditions to support children in realising their potential - including a framework of policies, laws, and programmes overseen by an appointed children's rights commissioner.

The 43 points in General Comment No. 7, begin with 7 key points regarding children's rights including: the obligations of States parties; the recognition of diversities of circumstance and needs; the respect for and recognition of cultural expectations and customs, except where they contravene rights; the vulnerability to economic poverty, discrimination, family breakdown, and other adversities; and the contribution of those focused on the realisation of rights for all children.

Points that follow elaborate human rights definitions and protections for children including points on the needs and vulnerability of the earliest years of development. Specific rights include life; survival; development; and non-discrimination due to age, gender, disability, ethnicity, class/caste, political or religious beliefs, or personal circumstances. They address parental responsibility and assistance from states parties, detailing respect for appropriate roles for caregivers, the enabling of child development, the social and changing role of the family, and the role of state assistance.

Further points describe policies and programmes appropriate for early childhood and the needs of especially vulnerable children including 10 subsections on trafficking, sexual abuse, criminalisation, substance abuse, harmful work, disabilities, refugees, orphaned and abandoned children, and abuse and neglect. The final points support capacity building including training, research, data collection, resource allocation, and international assistance.

Section III offers, in extracted form, the texts submitted by various organisations and other interested parties to the Committee during the Day of General Discussion, for the purpose of assisting the reader with a better understanding of the General Comment. Specifically, it contains papers of opinion on the meaning of the UN Convention on the Rights of the Child with special emphasis on the rights of young children.

Section IV provides texts that supply additional insights into the background to the General Comment. Section V reproduces the entire text of the Convention on the Rights of the Child. Section VI lists the members of the Committee on the Rights of the Child.

In summary, this publication attempts to demonstrate the work of the Committee on the Rights of the Child in hopes of fostering greater awareness of the difficulties encountered in implementing human rights conventions and covenants, but also greater understanding of the sense and values stimulating dedicated advocacy for human rights through the Convention.

Click here to access ordering information or the PDF format of the text in English.

Click here to access ordering information or the PDF format of the text in Spanish.

Number of Pages

208

Languages

English and Spanish

Contact

Bernard van Leer Foundation
Peter Laugharn
Director Ejecutivo
Email:registry@bvleerf.nl
Eisenhowerlaan 156
P.O. Box 82334
2508 EH The Hague
The Netherlands
Tel.: 31 (0) 70 351 2040
Fax: 31 (0) 70 350 2373
O visite la página web de la Fundación.

Placed on the Communication Initiative site March 27 2007
Last Updated November 14 2007

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