The Weak Enforcement Mechanism of the UN Convention on the Rights of the Child

“Ideas about human rights have evolved over many centuries. But they achieved strong international support following the Holocaust and World War II. To protect future generations from a repeat of these horrors, the United Nations adopted the Universal Declaration of Human Rights (UDHR) in 1948 and invited states to sign and ratify it”

A few United Nations representatives from Cuba, India, and Panama have wished to resolve the problem of genocide by recognizing it as an international crime, as stated in Document A. For example, inadequate provisions were placed when various Nazis were not punished for their wrongdoings. Nonetheless, this is seen as a negative aspect; however, it should be seen as motivation for others to strive to prevent further acts of genocide by punishing it as an international crime and create international laws. Since the late 1940s the United Nations has brought forth countless amounts of articles and documents such as the Universal Declaration of Human Rights (Document E), which includes various articles that back up specific rights such as the right to life, liberty, and security of person, for these rights have since then helped prevent acts of genocide. It is through international laws where genocide will be ceased by making it an international crime, where it will assure international cooperation for its prevention and be dealt with its true deserving

In 1989 the United Nations Convention on the Rights of the Child was introduced as an international human rights treaty setting out the rights of all children to equal treatment For legislative purposes, the term child means everyone up to the age of eighteen. The treaty covers a list of rights that everyone under the age of eighteen should be entitled to which include a full range of human rights from civil to economic to political.

This assignment will address how children’s rights are being breached within the UK. Focusing mainly on (The Crime and Disorder Act, 1998) which is an Act currently used within the UK’s society. . (The Crime and Disorder Act, 1998) covers almost all aspects of children’s rights, however the main provisions of the Act are; Antisocial Behaviour order (ASBO), parenting orders and sex offender’s orders. (The United Nations Convention on the Rights of The Child, 1990) became part of the UK’s Law in 1992, it has 54 articles that cover child welfare and safeguarding under ever circumstance. The aim of the United Nations Convention on the Rights of The Child aim is to keep children’s rights intact and do their best to ensure these rights are not

Australia has signed the 1951 convention relating to the status of refugees and its subsequent protocol is the key legal document that defines who is a refugee, their rights and the legal obligations of nation states. The 1951 convention and its 1967 protocol are signed and ratified by the Australian government in 22 January 1954 and the 13 of December 1973. This means that Australian must follow and develop new policy’s to help refugees. The 1967 protocol removed geographical temporal restrictions from the convention.

Also tow years old whom living with disability will entitled to free early education. United nations convention on the rights of the child (1991) The United Nations Convention on the Rights of the Child is an international human rights which was adopted by the United Nations in 1989.covering different aspects of childhood, rights and freedoms and also outlines the basic rights of children aged up to

The third committee of the General Assembly is SOCHUM whose agenda items relating to a range of social, humanitarian affairs and human rights issues that affect people all over the world. The Committee also discusses questions relating to the advancement of women, the protection of children, indigenous issues, the treatment of refugees, the promotion of fundamental freedoms through the elimination of racism and racial discrimination, and the right to self- determination. In addition, the Committee addresses important social development questions such as issues related to youth, family, ageing, persons with disabilities, crime prevention, criminal justice, and international

Section 3 of the Human Rights Act (HRA) 1998 provides that primary and subordinate legislation “must be read and given effect in a way which is compatible with Convention rights”. This provides judges the power to interpret and amend legislation so far as it is possible so that it is in accordance with Convention rights. There is no need for ambiguity in wording of the act to use section 3 and it does not affect the validity of the Act notwithstanding the Act being incompatible with Convention rights. There are limits on judges’ ability to use section 3 which restrict cases in which it can be used. First, section 3 cannot go against the grain of the fundamental purpose of the legislation in question. Second, judges can only go “so far as possible” when interpreting legislation. The means that judges are restrained by the plain words of the provision and cannot stray from it’s meaning so far as to completely amend it.

However, this is debated which I will go into more detail later on. It had the inspiration to promote friendly relations between nations and it is emphasised that all nations should cooperate. Though, this can be said to be naive as to go as far to declare that all countries abide by the Declaration and that it is universal is mistaken. What does it mean to be universal? The concept believes that human rights belong to all human being and that it is fundamental and essential to every type of society. Those who disagree that human rights are universal believe that human rights are based on your culture, it has to be understood that a right for one group maybe outright intolerable to members of another group. Human rights are being viewed as being too ‘Western’ and representing specific cultural norms and belief system of some cultures and societies rather than all. This is the cultural relativist argument, the belief that human rights cannot be applied to non-Western nations. The belief has been endorsed by many political leaders, Singapore’s former Prime Minister Lee Kuan Yew suggested that the ‘Western concepts of democracy and human rights will not work in Asia, by explaining that the West is too individualistic compared to family-orientated Asia. ‘What Asians value may not necessarily be what Americans or Europeans value? Westerners value the freedoms and liberties of the individual. As an Asian of Chinese cultural background, my values are for a government which is

Many scholars argue that if human rights should be considered as jus cogens but before we delve into that problem let us define first jus cogens and human rights. Most scholars define jus cogens as a peremptory norm which the article 53 of the Vienna Convention law us treaties define as “a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character”1. In the other hands human rights is defined by the United Nation Commission on human rights as “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin,

For the purpose of this convention, the term “stateless person” means a person who is not considered as national by any state under the operation of its law. This convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations high Commissioner for Refugees protection or assistance so long as they are receiving such protection or assistance; to persons who are recognized by the competent authorities of the country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country; to persons with respect to whom there are serious reasons for considering that: they have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes; they have committed a serious non-political crime outside the country of their residence prior to their admission to that country; they have been guilty of acts contrary to the purposes and

It is pertinent to mention here that the members of the human Rights Committee work in their ‘personal capacity’ . By personal capacity, what is meant is that the members

The idea of peremptory norms is older than modern international law itself (113). The idea of peremptory norms stems from the belief that certain actions are so heinous that in order for these to be prevented states shall not be allowed to derogate from adherence. The Vienna Convention on the Law of Treaties shows the importance of peremptory norms in both Article 53 and 64. Article 53 states that a treaty is void if at the time of its

Afghanistan has ratified international Convention on the Elimination of All Forms of Racial Discrimination on 6 July 1983. This convention was adopted by the General Assembly of the United Nations in resolution 2106 of 21 December 1965. While ratification of this convention Afghanistan reserved the right to be bound by provisions of article 22 of the convention. According to article 22, if there was any disagreement between two or more state parties to the convention regarding implementation and interpretation of this convention then the matter can be referred to the international court of justice by the request of only one side.

Reservations, among other things are a good example, of why a discussion exists on whether or not the treaties are the best framework for international human rights. I believe that if some things can be polished or worked on, the treaties will be definitely the best and only way to promote and protect international human rights.