Child Rights Perspective on the Right to Information

Child Rights Perspective on the Right to Information

Health(c): Marketing and Youth Conference

World Health Organization - Noncommunicable Diseases and Mental Health

April 17-19 2002

Fabrica, Treviso, Italy

ByMs Aneeta Kulasegaran

Vice-President, Malaysian Association for the Protection of ChildrenAdvocate and Solicitor

Malaysia

aneeta70@hotmail.com

Click here to download the original power point presentation from the WHO site.



The UN Convention on the Rights of the Child

• adopted by the United Nations in 1989
• accepted international definitions of children's rights to ensure uniformity and conformity
• guarantees civil and political rights together with social, economic, cultural rights in one instrument

The CRC is based on 4 basic principles, namely:

(i) Survival

(ii) Development

(iii) Protection

(iv) Participation

Participatory Rights (Civil Rights)

Freedom of Opinion (Art 12)

Right to have an opinion and have it considered in all decisions affecting the child

Freedom on Expression (Art.13)

The child shall have the right to express his/her views & make ideas

Freedom of Thought, Conscience and Religion (Art. 14)

The State shall respect this right subject to appropriate parental guidance and law on national and public safety

Freedom to have access to appropriate information (Art.17)

recognises the important role of the media

Article 12 - Right to an Opinion

all children have this right -particularly in judicial or admin proceedings

• through (trained) counsel if necessary

the opinion will be given due weight (respect)

• depending on the age and maturity of the child
• not a right to self-determination but rather child's right to involve themselves in decision-making

right to express the opinion “freely”

• means without coercion or constraints
• co-exists with Art 13 on freedom of expression

participation can also be through media

• knowledge of this should be passed through schools
• children should be taught how to “decode” messages in the media (especially through advertising)

Article 13 - Right to Expressionfreedom to seek, receive and impart knowledge - regardless of frontiers

• either orally, in writing, print, art or any other media of the child's choice

limitations: provided by laws deemed necessary

• respect for reputations of others
• protection of national security, public order, health and morals

Many Constitutions of State Parties do include this Freedom

• however the Constitution should now specifically state how it applies to children
• and what restrictions exists in the child's exercise of this right

concern by many State Parties that this right is unfettered

• especially the lack of the words “parental guidance”

Art.14 - Right to freedom of thought, conscience and religion

“Thought & conscience” - is with regard to all the other participatory rights

“Religion” - no longer automatic that child follows the religion of the parents

• exceptions are: Art 8 (preservation of identity), Art.20 (preservation of religion when deprived of parental environment), Art 30 (right to practise religion)

State Parties shall respect the rights and responsibilities of parents

• whom provide “direction” to the child
• direction must be in a manner consistent with child's evolving capacities and in conformity with CRC

limitation to this right

• laws, public health, morals, order and freedoms of others

Art. 17 - Right to access to appropriate information

Important role of media

• should have info of social and cultural benefit - an educational tool
• with regard to freedom of expression “to seek, impart and receive information”
• with regard to special needs of the child (eg. linguistic)
• “access” - no special mention of rural/urban poor

“Appropriate information”

• from national and international sources
• production and dissemination of children's books
• for the promotion of child's social and moral well-being
• promotion of child's physical and mental health
• State - to have guidelines on what constitutes “injurious material”

Realisation of Participation Rights

The media has a very important role to promote the various categories of rights

Promote Survival Rights

Promote Developmental Rights

• Right to name and nationality (art.7)
• Right not to be separated from their parents (Art.9)
• Right to privacy (Art. 16)
• Right to the highest standard of health (Art.24)
• Right to highest attainable standard of living (Art.27)
• Right to appropriate alternative care (Art. 20,21, 23)
• Right to education (Art.28, 29)

Promote Protection Rights

• from exploitative work (Art.32)
• from all other exploitative activities (Art.36)

Promote Protection from All forms of Violence (Art.19, 34)

Promote Joint Parental Responsibility - assisted by the State (Art.18)

Promote the Right not to be Discriminated (eg.Girl Child) (Art.2)

Conclusion

To make Children's Rights more of a reality and not merely a rhetoric

Not only important to have ratified to UN CRC

• Articles and principles should be translated into law
• programme and activities to encourage promotion of these rights

Any reservations made by State Parties

• quite possibly made in haste understanding the actual intention of the articles concerned - should therefore be removed

The UN Convention overcomes

• discrimination of sex, race, colour, creed and religion by making rights universal and inalienable

It is therefore everyone's responsibility to translate those principles into reality

Thank you...