Children's rights

Participants in a child-led workshop, Burkina Faso. © 2004 Gideon Mendel for International HIV/AIDS Alliance

This section looks at issues relating to children's rights, particularly in relation to HIV/AIDS. Other sections look in detail at children's participation, stigma and discrimination, protection from abuse, exploitation, neglect and trafficking and legal issues.

Key points about children's rights are:

1. The UN Convention on the Rights of the Child (CRC) is the main international document which defines children's rights. Developed in 1990, it has been adopted by every country in the world apart from the United States and Somalia.

2. This convention has four main principles:

A child's right to life, survival and development.
A child's right to be treated equally. This means that no child should be discriminated against.
A child's right to participate in activities and decisions which affect them.
All actions should be based on the 'best interests' of the child.

3. There are various ways in which the convention can be used to influence activities in practice.

The Convention in Practice

The United Nations Convention on the Rights of the Child is one of the most widely accepted international conventions. Almost all the countries of the world have agreed to it. However, progress has been quite slow in putting it into practice. Reasons for this include misunderstandings about the Convention, which has been seen by some people as being 'anti-family' or simply about allowing children to have their own way. Neither of these is true but these misconceptions need to be addressed when seeking to increase awareness of the Convention and what it means in practice. Poverty is a major barrier which prevents implementation of the Convention. However, it can be used to guide efforts aimed at promoting development and eliminating poverty. This will ensure that children gain the maximum benefit from such actions.

In practice, the Convention can be used:

As a framework for designing programmes that work with children.
As a way of evaluating programmes and national strategies. For example, it is possible to look at how practices in a particular country affect orphans and other vulnerable children and compare that with the provisions of the Convention.
As a different way of looking at particular issues.

The last point is very important. It is as if the Convention is a pair of glasses or a magnifying glass. It can be used to look more at a particular issue from a children's rights perspective. The way an issue appears when wearing these 'glasses' may be quite different from the way it appears when looked at from another perspective. Issues which can be examined in this ways include:

Terms used to describe orphans and other vulnerable children. For example, the term 'AIDS Orphans' increases stigma and discrimination. Using this term goes against the Convention.
Types of care. For example, care in institutions does not allow children and young people to develop fully, rarely allows for their participation and promotes stigma and discrimination. It can be seen as going against the Convention.
Other forms of care activity, including provision of shelter and psychosocial support
Issues of birth registration and inheritance.
Poverty and development.
Access to health and education.
Access to information.
Sexual exploitation and abuse.
Child labour.
Reporting to donors. For example, should these reports contain information which allows a child to be identified, such as names and photographs?

The Convention has been used to provide the human rights basis on which the global strategic framework has been constructed. This was introduced in 2004.

Resources

uct.ac.za

This website provides useful links to other HIV/AIDS publications that are focussed on Children's rights.

Building Resilience: A rights based approach to children and HIV/AIDS in Africa

This report advocates for a rights-based approach to responses for children living in communities affected by HIV/AIDS. This approach focuses on the role of duty bearers and placing children within a spectrum of support from all sectors of society.
Save the Children, Sweden. Linda M Richter and Sharmla Rama (2006)

Regional Capacity Building Workshop on Monitoring and Evaluation Tools and Mechanisms (Eng)

This is a workshop report summarising discussions on building capacity and strategic development work in the area of child rights based M&E mechanisms and tools across the South and Central Asia region.
Save the Children Sweden, Bandana Shrestha & Glenda Giron, 2006, PDF, 111 pages, 504 kb

The Spider Tool: a self assessment and planning tool for child led initiatives and organisations (Eng)

The Spider Tool aims to help child led initatives and organisations to assess what are trying to achieve, what they feel they are good at, and areas they feel should be improved. It also enables them to reflect on the learning process and plan changes and actions to improve their organisation.
Save the Children Sweden, Clare Feinstein and Claire O'Kane, 2005, 38 pages, 660 kb.

The facilitators guide to the spider tool:a self assessment and planning tool for child led initiatives and organisations (Eng)

This facilitators guide is intended to provide users of the Spider Tool with a basic framework and some basic information for workshops with child led initiatives and organisations.
Save the Children Sweden, Clare Feinstein and Claire O'Kane, 2005, 44 pages, PDF, 775 kb

Lessons learnt from the spider tool: a self assessment and planning tool for child led initiatives and organisations (Eng)

This resource describes how the spider tool was developed, pilot tested, adapted and finalised. It includes lessons learnt and strengths and weaknesses of the tool.
Save the Children Sweden, Clare Feinstein and Claire O'Kane, 2005, 62 pages, 849 kb

Building Blocks: Asia: Social inclusion (Eng)

This is one in a series of seven 'Building Blocks: Asia' publications which explores issues that need to be addressed if orphans and other vulnerable children are to be fully included in their society in Asia.
International HIV/AIDS Alliance, 2006, PDF, 20 pages, 381 kb

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Building Blocks: Asia: Protection (Eng)

This is one in a series of seven 'Building Blocks: Asia' publications. It explores the need to protect children from situations that increase their vulnerability to the impact of HIV & AIDS in Asia.
International HIV/AIDS Alliance, 2006, PDF, 22 pages, 364 kb

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The National Charter for Children (Eng)

This is a series of laws adopted in India relating to the welfare and protection of children and adolescents.
Government of India: Ministry of Human Resources and Development, and Department of Women and Child Development, 2003, PDF, 8 pages, 46 kb

A Framework for the Protection, Care and Support of Orphans and Vulnerable Children Living in a World with HIV/AIDS (Eng)

This framework is based on lessons learned over many years. It considers families and communities as the foundation of an effective, scaled-up response.
UNICEF, 2004, PDF, 23 pages, 397 kb.

Raising the Standards:Quality childcare provision in east and central Africa (Eng)

Discusses the development of quality childcare standards to be applied in a range of care settings and presents the results of work carried out by Save the Children UK in east and central Africa.
Save the Children UK, 2005, PDF, 321kb, 45 pages

Building Blocks: Africa-wide Briefing Notes: Social Inclusion (Eng)

This is one in a series of six 'Building Blocks' publications which seeks to explore issues which need to be fully addressed if orphans and other vulnerable children are to be fully included in their society.
International HIV/AIDS Alliance, 2003, PDF, 16 pages, 376 kb

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Building Blocks: Africa-wide Briefing Notes: Social Inclusion (Fre)

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Building Blocks: Africa-wide Briefing Notes: Social Inclusion (Por)

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Starting from Strengths: Community Care for Orphaned Children. A Training Manual Supporting the Community Care of Vulnerable Orphans: Facilitator's Guide: Module 3: Applying the UN Convention Rights of the Child to Caring for Vulnerable Children (Eng)

This is module 3 of a detailed training manual based on experience of researching work with orphans and vulnerable children in Malawi. This module looks at how work with orphans and vulnerable children can be approached from a perspective shaped by the UN convention on the rights of the child.
Cook, R.M., University of Victoria, Canada and Chancellor College, Malawi, 1998, PDF, 29 pages, 633 kb

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Child Rights Information Network Website

This website explains that CRIN is an international network of more than 1100 organisations in more than 100 countries globally, with a coordinating unit based in London, UK.
Child Rights Information Network

UN Convention on the Rights of the Child: Introduction (Eng)

The Convention on the Rights of the Child, developed in 1989, is seen as the central document defining a child's human rights. This document serves as an introduction to the convention.
United Nations, 1988, PDF, 2 pages, 110 kb

UN Convention on the Rights of the Child: Basic Description (Eng)

The Convention on the Rights of the Child, developed in 1989, is seen as the central document defining a child's human rights. This document is a basic description of the convention.
United Nations, 1988, PDF, 7 pages, 168 kb

UN Convention on the Rights of the Child: Frequently Asked Questions (Eng)

The Convention on the Rights of the Child, developed in 1989, is seen as the central document defining a child's human rights. This document consists of frequently asked questions about the convention.
United Nations, 1988, PDF, 10 pages, 146 kb

UN Convention on the Rights of the Child: Full Text of the Convention (Eng)

The Convention on the Rights of the Child, developed in 1989, is seen as the central document defining a child's human rights. This document outlines the convention in full.
United Nations, 1988, PDF, 19 pages, 158 kb

Children Affected by HIV/AIDS: Rights and Responses in the Developing World (Eng)

This paper is number 23 in a series of SCF working papers. It sets out to examine the situation of children affected by HIV/AIDS living in resource poor countries, and to analyse the nature of the responses by households and communities, programming organisations, governments and donors.
Grainger, C., Webb, D. and Elliott, L., SCF, 2001, PDF, 128 pages, 1155 kb

Orphans and Other Children Made Vulnerable by HIV& AIDS: Appendices (Eng)

This document is written with the aim of providing guidelines to National Red Cross and Red Crescent Societies to assist them in helping communities and families to strengthen traditional coping mechanisms to address the needs of orphans and other children made vulnerable by HIV/AIDS. This fifth part comprises five appendices to the document and a list of references. (Part 5 of 5)
International Federation of Red Cross and Red Crescent Societies, 2002, PDF, 9 pages, 100 kb

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Rights-Based Approach to the Care and Protection of Orphans (Eng)

This short paper argues that many children living with HIV/AIDS have their rights infringed and argues for a rights-based programming approach, rather than the more conventional needs-based approach.
Landgren, K., UNICEF, 1998, PDF, 5 pages, 87 kb

Indicators for Children's Rights: Zimbabwe Country Case Study: Appendix: Protocol Document (Eng)

This document consists of the appendix to a report published by Childwatch International which comprised a report into the situation regarding the rights of the child in Zimbabwe.
Chinyangara, I., Chokuwenga, I., Dete, R.G., Dube, L., Kembo, J., Moyo, P. and Nkomo, R.S., Childwatch International, 1997, PDF, 11 pages, 99 kb

Best Practices for Care of AIDS Orphans (Eng)

This brief paper gives a Canadian perspective on a wide range of issues relating to children orphaned by AIDS.
ICAD, 2002, PDF, 4 pages, 103 kb

Meilleures pratiques dans les soins aux orphelins du sida (Fr)

Ce bref document offre une perspective canadienne sur un ensemble de sujets relatifs aux enfants orphelins du SIDA
Coalition Interagence sida et developpement, 2003, PDF, 108kb, 6 pages

HIV/AIDS and Human Rights: Young People in Action (Eng)

This joint UNESCO/UNAIDS manual seeks to provide practical support to people wishing to work on human rights issues relating to young people and HIV/AIDS.
UNAIDS/UNESCO, 2001, PDF, 68 pages, 1181 kb

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Le VIH/SIDA et les Droits de l'Homme: Les Jeunes se Mobilisent (Fr)

This joint UNESCO/UNAIDS manual seeks to provide practical support to people wishing to work on human rights issues relating to young people and HIV/AIDS.
UNAIDS/UNESCO, 2001, PDF, 68 pages, 1296 kb

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El VIH/SIDA y los Derechos Humanos: Jóvenes en Acción (Sp)

This joint UNESCO/UNAIDS manual seeks to provide practical support to people wishing to work on human rights issues relating to young people and HIV/AIDS.
UNAIDS/UNESCO, 2001, PDF, 68 pages, 1352 kb

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No Quick Fix: A Sustained Response to HIV/AIDS and Children (Eng)

This paper, produced by Save the Children UK for UNGASS 2001, argues for programmes to be based on respect for human rights and for them to be sustained.
Ireland, E. and Webb, D., SCF-UK, 2001, PDF, 30 pages, 342 kb

Ethiopia: Orphans and Vulnerable Children Affected by HIV/AIDS: Policy vs Practice Review for Ethiopia (Eng)

This paper seeks to analyze the situation faced by orphans and vulnerable children in Ethiopia when compared with the Convention on the Rights of the Child.
SCF, 2001, PDF, 45 pages, 574 kb

The Rights of Children and Youth Infected and Affected by HIV/AIDS: A Trainers Handbook (Eng)

This training manual provides a practical training course for people wishing to approach issues affecting orphans and vulnerable children from a human rights perspective.
Strode, A. and Barrett Grant, K., SCF, 2001, PDF, 169 pages, 1968 kb

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Enfants Affectés par le VIH/SIDA: Droits et Réponses dans le Monde en Développement (Fr)

Child Rights and Child Protection before, during and after conflict: A training manual for military personnel (Eng)

Although not specifically related to HIV, this is an excellent and comprehensive training manual aimed at military trainers and covering a wide range of issues relating to children and conflict.
ECOWAS/SCF, 2000, PDF, 194 pages, 1409 kb

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In the Shadow of Death: HIV/AIDS and Children's Rights in Kenya (Eng)

This document reports on a study conducted by Human Rights Watch in Kenya in which 26 children affected by HIV/AIDS were interviewed about their experience.
Csete, J. and Michael, B., Human Rights Watch, 2001, PDF, 35 pages, 142 kb

The Rights of Children: Raising the Orphan Generation (Eng)

This is a clear and concise document about human rights issues that affect children affected by AIDS in South Africa.
Barrett, K., National HIV/AIDS and STD Directorate, South Africa, 1998, PDF, 8 pages, 107kb

Confidentiality in Reporting (Eng)

This is a brief exploration of issues relating to confidentiality and right to privacy raised in projects working with orphans and vulnerable children.
Firelight Foundation, 2002, PDF, 1 page70kb

AIDS, Public Policy and Child Wellbeing: Chapter 15: The Impact of HIV/AIDS on Orphans and Programme and Policy Responses (Eng)

This document forms chapter 15 of the book entitled 'AIDS, Public Policy and Child Wellbeing'. It identifies five key policy challenges faced as the result of the increased number of orphans and vulnerable children as a result of HIV/AIDS.
Phiri, S. and Webb, D., 2002, PDF, 43 pages, 137kb

2002 East and Southern Africa Regional Workshop on Children Affected by HIV/AIDS: Implementing the UNGASS Goals for Orphans and Other Children Made Vulnerable by HIV/AIDS; 25-29 November 2002; Windhoek, Namibia (Eng)

This is the report of a workshop which brought together stakeholders in East and Southern Africa to reinforce awareness of the impact of HIV/AIDS on children and their caregivers and to build commitment to action particularly at the government level.
Loudon, M., UNICEF, USAID, SIDA, NORAD, International Save the Children Alliance, UNAIDS, FHI, Government of Namibia, 2002, PDF, 46 pages, 802 kb.

Children orphaned and made vulnerable by HIV/AIDS: A meeting to discuss and explore key policy issues in India (Eng)

This presentation outlines priorities for Alliance India and its partners' national policy work on children made vulnerable by HIV and AIDS.
Singh, B., Alliance India, Sept 2004, ppt, 2800kb, 12 slides.

What’s the difference? Implications of a child-focus in rights-based programming: Discussion Paper (Eng)

This paper highlights some of the challenges that need to be addressed in applying rights-based approaches to work with children.
Lansdown, G. Save the children UK, March 2005, 193kb, 16 pages