Childhood's Today

download Childhood's Today

of 15

Transcript of Childhood's Today

  • 8/8/2019 Childhood's Today

    1/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    1

    Childhood and Rights:

    Reflections on the UN Convention on the Rights of the Child

    Catarina Toms1

    Abstract:

    This article focuses on the review of the main themes and issues that have appeared in

    the literature on the UN Convention on the Rights of the Child (1989) with regard to

    debates about childrens rights in the context of globalisation.

    Nearly two decades after its birth, it is necessary to carry out a detailed reflection on

    and revision to the Convention, since the situation of childhood and of children in the

    world has been overtaken by a number of problems, ambiguities and exclusions. This

    convention is a normative and symbolic landmark connected with children's rights and

    still requires a great deal of critical thinking.

    Introduction

    Childrens rights have been formally consecrated by means of changes

    introduced into the legislation. The development of the discourse related to the

    promotion of childrens rights has been a fact within social and political institutions, yet

    we are very far from an ideal situation of respect for these rights. It is, nonetheless,

    important to characterise the process of constitution of childrens rights, which led up to

    the worldwide legal and normative model that exists today the Convention on the

    Rights of the Child (henceforth referred to as CRC).

    This article focuses on the reflections about the CRC associated with the process

    of globalisation, namely in the promotion of two mechanisms: legislative harmonisation

    and uniformisation, on the one hand, and standardisation regarding the worldwide

    conception that children have rights, on the other. The article attempts to highlight the

    need to discuss the CRC starting with the concept of childhood cosmopolitism. In other

    words, approaching the issue from a down-top perspective using the contributions of

    non-hegemonic actors and paradigms.

    There is nowadays a widespread ongoing discussion over childrens rights. It is

    not a recent discussion and thus it takes on a more complex form. This discussion turns

    1Sociologist, Universidade da Beira Interior and LIBEC, University of Minho, Portugal

    Email: [email protected]

  • 8/8/2019 Childhood's Today

    2/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    2

    into a global question; however, it has to be carried out in a context which goes well

    beyond the limits of neoliberal hegemonic globalisation. This view considers that our

    societies are ruled by order and progress, and therefore need only consolidation.

    Nevertheless, the search for social emancipation, through lawful means, is a counter-

    hegemonic process and, for this reason, suffers from severe resistance.

    Legislation protecting children had its beginning in the 19 th century, when the

    child was the object of the first legal act which established the minimum age for working

    in the coal mines (Mines Act, 1842). We may state that, in social and historical terms,

    the discovery of childhood and its distancing from the world of adults became a

    process of protection and promotion of its rights, especially in the 19 th and 20th

    centuries. The questions that arise now are to know how we can characterise the 21 st

    century in relation to childhood and children. Will this be the time for promotion and

    guarantee of childrens rights? Will this period be one of construction of a new paradigm

    which no longer considers childrens rights as extra rights (Leach 1994), that is, as

    specific rights of a social group which are built at the expense of other rights?

    These and other issues will the focus of further reflection.

    Globalisation, Childhood and Rights

    The globalisation of the themes associated with childhood resulted, mainly in the

    80s of the 20th century, in a significant growth in international actions in favour of the

    defence of childrens rights. This phenomenon has resulted in the multiplication of

    NGOs, social movements, meetings and forums dedicated to childhood. The

    collaboration between NGOs, governments and UNICEF, according to Pilotti (2001),

    reinforces the confidence in the capacity of the international community to influence

    governments through resolutions and recommendations, especially those that are

    elaborated and approved at the United Nations.

    There is now a transnational movement, even if emerging, fighting for childrens

    rights, which is called childhood cosmopolitism (Toms and Soares, 2004; Toms,

    2006). It is a form of counter-hegemonic globalisation, a project where various battles,

    projects, actors, pluralities and diversities cohere, most of the time collaborating among

    themselves, in the defence childrens rights. This is something which can be seen in the

    role of and in different action plans undertaken by various organisations (UNICEF,

    Childwatch International, International Save the Children Alliance, among others),governmental programs, private programs, scientific areas and legislative production.

  • 8/8/2019 Childhood's Today

    3/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    3

    We can define the discussion on childrens rights and the CRC as a legitimate

    agonistic space (Nunes and Matias, 2003), i.e. a space where conceptions confront

    each other which are distinct or opposed to the problem under debate, just as are the

    actors [who are legitimately admitted to this space] who give voice to these

    conceptions (ibidem:132).

    It is important that childrens rights be discussed at the level of procedures, in

    their social dimensions, in a perspective of inclusion and of fulfilment of citizenship and

    of globalisation. Additionally, it should be examined from a critical standpoint in relation

    to a historical process which is characterised by its attempt to impose supposedly

    universal and unquestionable preconceptions onto children. It is necessary, still, to

    strengthen the notion and the agenda of childrens rights, and to think with an

    emancipated logic in relation to children. If we do not, we will soon run the risk of finding

    childrens rights being concerned only with instrumental rationality, with technical and

    rational formalism and with the logical and coherent application of the laws.

    The discussion which has so far prevailed about childrens rights is one of legal

    concern, often in opposition to the structural complexities and the social, economic,

    political, cultural and ethical conditions. There has clearly been an attempt to

    monopolise this in what childhood is intended to be, a kind of ideal childhood, the idea

    of the global child. We can see this attempt, for example, in the analysis of the reports

    produced by the various countries that ratified the CRC. There arises yet another

    question which is that of the social and political appropriation by governments and by

    organisations and institutions of the discourse on the rights of the child and the best

    interest of the child.

    CRC: harmonisation, uniformisation and standardisation

    Although the UN proclaimed the Declaration of Human Rights on 10th December

    1948, right back in the middle of the last century, the specific themes of childhood did

    not feature. Only in 1959 did the General Assembly of the United Nations promulgate

    the Declaration of the Rights of the Child.

    The year of 1979 was also important because it celebrated the International Year

    of the Child. A UN working group, proposed by the Polish government, began to

    prepare a Convention on the Rights of the Child. However, only towards the end of the

    last century, with the adoption by the UN, in 1989, of the International Convention onthe Rights of the Child (CRC), was the child considered to be a full citizen, complete

  • 8/8/2019 Childhood's Today

    4/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    4

    with the capacity to be the bearer of rights. The CRC was promptly adopted and

    followed by the Action Plan for the implementation of the World Declaration on Survival,

    Protection and Development of the Child, at the World Summit for Children, in 1990.

    The CRC is the most ratified of all the treaties on human rights and implies an

    array of important changes in the social group of childhood, namely the substitution of

    the traditional concept of participation, recognising for children similar rights to those of

    adults. The governments that approved the CRC committed themselves to allow

    children to expand their capacities in a context without hunger, without poverty, without

    violence, without negligence or other injustices or hardships, respecting at the same

    time their civil, economic, social, cultural and political rights. In this way, the treaty came

    to endorse, as has already been stated, that the child be considered, for the first time, a

    being in possession of rights and fundamental liberties.

    UNICEF argued that all programmes to be implemented should reflect the

    principles of the CRC, which would then become a reference, regardless of whether a

    country had ratified it or not. The CRC became, therefore, a model of global consensus.

    With the UN Convention, childrens rights were no longer an option, a question of favour

    or mere sympathy. They are a source of clear legal obligations that the 193 Member

    States (until February 2007) should implement. Thus, the change in national legislations

    in order to endorse the CRC can be understood as a phenomenon of trans-

    nationalisation of the juridical field (Santos, 1995). In fact, the idea, which has been

    emphasised, is that the protection of childrens rights is not only within the exclusive

    competency of nations, but has assumed a more and more global configuration. For

    this reason, it is mandatory for the national states to follow the international legal

    instruments, which regulate this area. Despite all this, it is necessary to recall the

    weakness that characterises the principle of universality of a right and the values that it

    defends.

    We may, however, state that the CRC, associated with the process of

    globalisation, has had important effects on contemporary societies, namely in the

    promotion of two mechanisms. The first one is legislative harmonisation. The CRC is

    the first international instrument which is legally binding and which incorporates the

    complete range of human rights civil and political rights, as well as economic, social

    and cultural rights. In ratifying the CRC, national governments have committed in

    protecting and assuring childrens rights and have accepted the responsibility, beforethe world, of enforcing this convention.

  • 8/8/2019 Childhood's Today

    5/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    5

    The main consequence of the normative character attributed to the CRC was that

    of obliging all Member States to adopt an active standpoint, adapting their respective

    legislation to the text of the Convention, in the sense of ratifying it. Its universal

    character produced this effect because it provides the whole world with common

    universal norms of values, in relation to childhood. We may then confirm that the CRC

    rebuilt the legal space of each country, a fact that created a certain amount of

    uniformisation. However, this is not free of conflict, argument or critical voices, mainly

    on the part of some African2 and Arab3 countries which ratified the CRC, but pointed out

    its western and hegemonic spirit. Indeed, and in spite of the universal character of the

    Convention, certain countries have not made its approval possible, or have maintained

    a reserved position, since some principles seem to be incongruent with their legislation

    already in force.

    Simultaneously, it is a mistake to anticipate of the Convention the same

    expectations found in internal legislations. By its nature, it is more difficult to assure

    efficient cooperation and uniform application at the international level and, in the

    absence of a supranational authority, demand action at various levels (Duncan, 2001).

    The other mechanism is uniformisation and standardisation regarding the

    worldwide conception that children have rights, that they are subject to rights and to the

    conception of what should be the ideal childhood4.

    As Pilotti (2001) says, the dissemination of the CRC in the 90s of the 20th century

    could be characterised as the circulation of a text without a context. The author also

    argues that, in the face of this, the attempt is to contextualise the CRC within the

    globalisation of the dominant ideas about childrens role in contemporary western

    society. In particular, some vital processes of modernity are highlighted, such as the

    functions and images attributed to childhood in the context of the consolidation of

    individualism and of the State.

    2The Organisation of African Union (OAU 1963), replaced by the African Union (2002), was the first

    regional organisation to adopt its own treaty on the Rights of the Child in Africa. Mozambique adopted itsown Declaration of the Rights of the Mozambican Child in the 5

    thsession of the Popular Assembly.

    3It should be noted that the effort of the Arab countries in relation to childhood protection at the

    institutional level was started by the ministers of Social Services in 1979 with the social work strategy ofthe Arab world. In the same year, the Arab League and the council of Social Service ministers proclaimedthe rights of Arab children in the Charter of Rights of the Arab Child, a series of rights aimed exclusively

    at Arab children, excluding foreign children who live in Arab countries and/or the non-Arab minorities ofthese countries.4

    To know more on this matter cf. Toms (2006).

  • 8/8/2019 Childhood's Today

    6/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    6

    One other question arises from this: the parallel and simultaneous occurrence of

    the same phenomenon in different countries does not make a global phenomenon,

    unless the endogenous causes, different from one country to another, have among

    them structural resemblances and share elements of common and transnational

    causes (Santos, 2001:92). Is that the case with childrens rights?

    The CRC has given greater visibility to the way local, national, transnational and

    international levels have looked at childrens rights, but it has also given a legal and

    symbolic framework to the notion of childhood. Consequently, the way children live has

    improved and they are now recognised as social actors, at least from the symbolic and

    theoretical standpoint.

    We can therefore consider the 80s and 90s of the 20 th century as years of

    intense codification of the rights of the child and the creation of social justice for

    children. However, the legal, abstract and universal norms have not always

    corresponded to social practices.

    To J. Hilary, of the Save the Children Fund(2002), the world seems to be moving

    away from the compromise to create a better future and the initially assumed

    commitments are fading away. The author also emphasises that Somalia and the USA

    have neither signed nor ratified the CRC, and that it is, for that reason, difficult to

    validate the global agreement without the support of all the countries of the world.

    There is a formal consecration of childrens rights, but the lack of priority given in

    their implementation and promotion is obvious at nearly all levels. On the one hand, the

    international conventions and treaties reinforce and legitimise the groundwork, as

    documents ratified by governments. And, on the other hand, these same documents

    have a weak impact on the child population, and their mere endorsement does not offer

    guarantees of implementation, promotion or even security. Indeed, if there is no

    supervision over the way in which each country promotes and guarantees the CRC,

    besides the periodical writing of reports for the International Committee on the Rights of

    the Child, it is easy to see that, in a decades time, we will still be only saying that it is

    the most ratified international document. This mainly happens when there is some

    discrepancy between the written law and its application. The basic rights to protection,

    to provision and to participation are universally recognised for children. The problem

    resides in the way they are, or not, put into practice.

    There is a variety of difficulties and resistances related to the applicability of theCRC after its ratification, mainly due to cultural mechanisms through which global ideas

  • 8/8/2019 Childhood's Today

    7/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    7

    are received in local contexts. In addition, there are also cultural specificities in the

    national process of incorporating the principles consecrated in international human

    rights agreements (Pilotti, 2001), as well as the social, economic, political and legal

    specificities of each country.

    Beyond this, the application of some civil rights to children, in the CRC,

    demonstrates that this idea is not universally accepted, due to the dual perspective

    towards children. Actually, they are viewed as individual citizens, on the one hand, and

    as dependent, on the other. This ambiguity defines the position of children, since they

    are already invisible as individuals from the statistical and legal points of view and seen

    as subordinate to adults.

    We may confirm that childrens lives has improved significantly in recent decades

    and that many changes continue to unfold; however, time and a profound change in

    structural conditions and in social and economic policies are necessary in order to

    promote and guarantee the rights of children. Besides, it is still important to transform

    the authoritarian, paternalistic and discriminatory practices, which have characterised

    the everyday life of children in the whole world. Thus, it has become imperative to follow

    the laws and agreements which have already been agreed on and ratified (Rizzini,

    2004:34).

    Is the Convention a juridically inflexible and immutable text?

    Nearly two decades after its birth, it is necessary to carry out a profound

    reflection on and revision to the functioning of the CRC. For example, in view of the

    improvement of its efficiency and its adaptation to the changes which have been

    produced in contemporary societies.

    Bissell (2001) considers that the nation-states that participated in and later

    approved the CRC are the authors and guardians of the globalisation of childhood.

    However, the question continues to be that of knowing if the nation-states, in the

    framework of a hegemonic globalisation, really have the power or authority to act

    according to the responsibility that is given to them. This seems to be a challenge

    contained within the wider question of the sovereignty of the state. Another question is

    that of knowing that if everyone defends the perspective of children as social actors, it

    will make it into a collective belief.

    On the one hand, childrens rights have been gradually adopted and applied indifferent countries because states share the same interstate system and the political

  • 8/8/2019 Childhood's Today

    8/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    8

    changes are in part conditioned by economic development. [O]n the other hand, these

    same reasons suggest that evolution varies significantly from one state to another,

    according to its position in the interstate system and to the national society in respect of

    the world-economy system (Santos, 1995:22).

    In spite of being considered a fact by the majority of western countries, the

    conquest of a body of rights for children is still found today in many civilisational

    contexts as being very close to the one which characterised the beginning of the road in

    the construction of such rights.

    Besides this, it is urgent to reflect on a group of concepts, present in the CRC,

    which are vague, indefinite, ambiguous and highly contested (Nelken, 1998; Van

    Bueren, 1998; Freeman, 2000).

    When we refer to article 12, which upholds the idea of participation, the CRC

    states that all children capable of formulating their own judgement have the right to

    express their opinion on the subjects that affect them. However, there is some

    ambiguity over the form in which, in the adult world, the question of participation is

    understood. In upholding the capacity of discernmentas a crucial ability for the child to

    gain participation in its everyday world, this has opened a wide range of interpretations

    that depend on the objectives of the adults, apart from preventing the access of the

    child to the exercise of participation (Smith, 1997; Toms and Soares, 2004). Moreover,

    when the tendency is frequently to idealise and naturalise childhood and the social and

    cultural world of children, it becomes necessary to deconstruct these premises, which

    implies questioning their relation with adults as a limitation to their existence.

    The same problem arises with the term maturity. Lucchini considers that

    maturity is defined by cognitive competences and empathetic capacities. The child is,

    therefore, capable of anticipating what is expected of him or her and, consequently, is

    also capable of deciding if he or she wants to or should respond to these expectations.

    (2003:12). The theme in itself is subjective and fairly constrained because it does not

    consider the life contexts in which the child is to be found.

    For Geiler (2001:11), who bases his ideas on the principle of the indivisibility of

    human rights, all rights in the CRC can create an individual complaint. Nevertheless,

    they do not reflect the prevailing point of view in international jurisprudence, according

    to which civil and political rights can be obtained by legal action, whereas the economic,

    social and cultural rights may not.

  • 8/8/2019 Childhood's Today

    9/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    9

    Another important issue is mentioned by Maehira (2004) as far as the actual

    definition of the concept of a child is concerned. More specifically, the author wonders

    which moment should be viewed as the beginning of a child's existence. This theme is

    related to the debates over voluntary interruption of pregnancy, medically-assisted

    reproduction and to the different religious and cultural questions which emerge among

    countries and social groups. These were some of the issues which arose in the

    preparation of the CRC and perhaps explain why there appears in the CRC until when

    someone is considered a child and not from the moment, as in article 1 of the

    document: For the purposes of the present Convention, a child means every human

    being below the age of 18 years unless, under the law applicable to the child, majority is

    attained earlier.

    The CRC presents some more complex challenges, such as how to settle

    different interests between countries. In the discussion on article 17, which deals with

    children and means of social communication, the discussion was complex because the

    western delegates defended a formulation that guaranteed the free flow of information.

    According to them, this intended to fight against an attitude of censorship, as well as to

    support the recognition that some means of communication were private (Hammarberg,

    1999).

    It is not clear whose is the responsibility of developing guidelines, only what the

    nature is of these guidelines and that the state should encourage them. It is clear, once

    more, the lack of precision of the Convention that can be seen as an invitation to the

    discussion of the objectives, instead of the prescription of exact methods of

    implementation (ibid: 25).

    The organisational aspects of the CRC also deserve analysis and urgent debate.

    The delay in the delivery of the reports of the countries to the committee is another

    important issue. According to the report of UNICEF Progress of Nations(1995), at theend of February 1995, 35 countries were delayed, by more than two years, in the

    delivery of their reports and 21 by more than a year. Ten years later, the scenario is the

    same (GDDC, 2006).

    The Commission of Human Rights Working Group on Human Rights of

    Children argued, during the 60th session, which took place in Geneva in 2004, that the

    CRC had failed once more in the task of carrying out its mandate as the major body of

    human rights in the UN. To the commission, the development was little and theobjectives achieved were few. In their opinion, this inadequate result is mainly due to

  • 8/8/2019 Childhood's Today

    10/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    10

    the lack of interest demonstrated by all the states in the discussion of the situation of

    human rights in the countries where economic, political and strategic interests are at

    stake. This situation has led many NGOs and other observers to question the legitimacy

    of the CRC.

    They have argued, for example, that the fact of being a member of the CRC does

    not imply regulating oneself by criteria such as the respect for and/or the promotion of

    basic human rights. Therefore, many NGOs argue over the need for the reform of the

    CRC, including new conditions to become a member. They warn that, in 2004, the

    composition of the CRC makes it difficult to believe that the real intention of the

    members is the promotion of human rights in the world, even more so when some of the

    countries which have ratified the CRC have been accused by the NGOs of serious

    human rights violations, among them Sudan, Nepal, the Russian Federation, China, Sri

    Lanka, Zimbabwe and many others.

    Besides the questions of interpretation, the CRC displays some weaknesses

    which are also a part of the explanation of the difficulties in being fully promoted and

    guaranteed, namely at the level of procedures (Toms, 2000; Freeman, 2000; Gareth,

    2005). Geiler identifies some of these disadvantages: only a part of the members are

    obliged to publish reports, which could lead to a loss of objectivity and the

    beautification of the data, as well as of the analyses on the part of the states.

    There is also a permanent tension between the 10 members of the Committee on

    the Rights of the Child about the meetings of the committee which occur twice a year

    and frequently only three to five reports are analysed, thus causing a disparity in the

    total analysis of the reports.

    Because of this, it has been suggested that the number of members be raised to

    18, a proposal re-stated by the Commission of the United Nations for Human Rights

    (Resolution 1998/76 of 22nd April). However, up to this date, no step has been taken in

    this direction. The suggestions and recommendations made by the committee are not

    legally binding, and depend only on the compromise adopted by the states and on

    international pressure, the mobilisation of shame(2001: 9).

    Freeman (2000) considers that, for the international rights of the child to have a

    future, the CRC will have to be more intensively supervised; the Committee on the

    Rights of the Child will have to have more powers and the reports produced by each

    country are not enough, since they are a very weak device. As a consequence, othermeasures of control should be considered.

  • 8/8/2019 Childhood's Today

    11/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    11

    Despite the symbolic significance of the Convention, we should not forget a

    historical invariable that colours the defence of the rights of the child: high consensus

    and low intensity. As said before, it is the most ratified international document but the

    lack of priority given to its application is a simple fact. In addition, the ignorance of the

    CRC by citizens is often regarded as an obstacle to its accurate implementation and

    recognition.

    We then need to discuss the CRC, because after decades when very little has

    been achieved, it is legitimate to ask if the expectations will ever be fulfilled. In other

    words, it is necessary to ascertain whether the CRC and all the other legal texts, both

    sectoral and universal, that give voice to the concern for the well-being of children and

    young people and for their rights of citizenship (and, if it turns into International

    Conventions on the Rights of the Child and Young People), would be obeyed or if, on

    the contrary, would continue to be disobeyed. The response, as we see, can only tend

    towards a certain frustration of these very expectations.

    The worldwide situation of childhood is rapidly heading towards a state of frailty

    as far as childrens rights are concerned, in spite of being one of the groups that is more

    often referred to when themes such as inclusion, the improvement of their conditions of

    life, the promotion of participation, among others, are dealt with. In fact, when the

    participation of children is approached, social practices are profoundly distorted in their

    nature because many times participation is confused with consultation and occasional

    actions, with the appearance of participation, practices that are destitute of any political

    value, often empty of significance. These are considered by Luhmann as false

    emancipation (1985). Actually, this is like a trick, a false illusion of the distinction

    between superiors and subordinates, removing in this way the base of power from the

    subordinate (ibidem), a kind of advertising slogan which gives individuals the illusion

    that they are participating, when in fact the results are null and void.

    Critical Reflections

    The worldwide situation of childhood is rife with problems, tensions and

    incapacities that call for our reflection and intervention. The changes caused by

    neoliberal globalisation have emphasised some of the problems of the children of the

    world such as hunger, sickness, exclusion and the like. We are witnessing the

    incapacity to guarantee childrens rights, in spite of the attempt to make a global systemfor the sharing of values associated with childhood emerge, as made plain in the CRC.

  • 8/8/2019 Childhood's Today

    12/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    12

    As emphasised before, this was the first binding international instrument where

    obligations that the states should have towards children were presented and which

    established an almost complete global consensus in relation to the basic rights of

    children. Its centrality in discussing childrens rights is evident and the growth of interest

    in children has increased because of it.

    We cannot disengage the question of the CRC from the complex framework of

    the development of modern citizenship, principally in the emergence of the concept of

    the global or cosmopolitan citizen, an aspect that is intimately related with the promotion

    and defence of childrens rights.

    The Convention has emerged in a space and time of expansion of childrens

    rights, especially during the period of internationalisation of human rights, in spite of the

    process of preparation and drawing up having been very slow and tumultuous.

    The CRC is a landmark in the history of childhood because it consecrates a

    symbolic rearrangement of childrens place and because it places the child in the

    position of an object for protection and, at the same time, a subject of rights. The great

    hallmark was the change of paradigm of guardianship from object of rights to that of

    subject of law. It is this situation of considering the child as the subject of law that has

    contributed to the change of ways of thinking and of national laws and international

    instruments, which is still under way.

    In relation to its nature, the CRC is a legal milestone of the utmost importance for

    the signatory countries, which, on ratifying it, accepted the inevitable obligations to

    adapt the legal principles and framework of their countries. In relation to substance, the

    CRC is the symbol of the process of an awakening towards a more global

    consciousness of the question of childhood, and to the way in which childhood and

    children are considered. All in all, within the international panorama, the cause of the

    human rights of children has gained new and more secure ground.

    This new complex and revolutionary status has caused a real change in the

    images and conceptions of childhood and children, and has also led to changes in the

    legal tools of the majority of countries, mainly in the process still under way of the

    rejection of interventionist models and the adoption of a legal package which is more

    adequate to the reality of the CRC.

    It is worth noting that the great innovation of the CRC consists of considering

    children as subjects of law, a condition which emerges fundamentally out of therecognition of their civil and political rights, challenges which imply deep social and

  • 8/8/2019 Childhood's Today

    13/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    13

    cultural changes, new social and legal conceptualisations and, as a result, assessment

    of the results, in the short, medium and long term. Nonetheless, it is necessary to

    consider the importance of considerable critical thinking about the CRC with a view to

    improving children's life conditions and effectively promoting their rights.

    References

    Duncan, W. (2001), A Actuao em Apoio da Conveno da Haia, Ponto de vista

    do Secretariado Permanente, Revista Infncia e Juventude, 01(4), 9-34.

    Freeman, M. (2000), The future of children's rights, Children&Society, 14(4), 77-

    293.

    Gareth, A. (2005), Children and development: rights, globalization and poverty.

    Progress in Development Studies5, 4, 336342.

    GDDC (2006), Direitos Humanos. rgos das Naes Unidas de Controlo da

    Aplicao dos Tratados em Matria de Direitos Humanos:

    Comit dos Direitos da Criana. Lisboa: Gabinete de Documentao e Direito

    Comparado.

    Geiler, N. (2001), Asserting the Rights of the Child. Creating a Procedure for

    submitting Individual. Complaints pursuant to the Convention on the Rights of the

    Child, in Kindernothilfe Joint Conference Church and Development. Berlim: GKKE, 6-

    17.

    Hammarberg, T. (1999), Crianas e Influncias Nocivas da Mdia. O significado

    da Conveno da ONU, in Ulla Carlsson and Ceclia von Feilitzen, A Criana e a

    Violncia da Mdia. So Paulo: Cortez, 23-38.

    Hillary, J. (2002), Globalization and Childrens Rights. South Africa: The World

    Summit on Sustainable Development.

    James, A. and Prout, A. (1990), Constructing and Reconstructing Childhood:

    Contemporary Issues in the Sociological Study of Chidhood. Londres: The Falmer

    Press.

    Leach, P. (1994), Children first what society must do and is not doing for

    children today. Londres: Penguin Group.

    Lucchini, R. (2003), Carreira, Identidade e Sada da Rua, O Caso da Criana da

    Rua, Revista Infncia e Juventude, 03(1), 9-52.

  • 8/8/2019 Childhood's Today

    14/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    14

    Maehiria, Y. (2004), Conflict between the global and the local: Childrens life,

    culture and education in Kindom of Bhutan, 12th World Congress of Comparative

    Education Societies, Education and Social Justice. Havana, Cuba.

    Nelken, D. (1998), Afterword: choosing rights for children, in G. Douglas and L.

    Sebba (ed.), Children's rights and traditional values. Hants: Dartmouth Publishing

    Company, 315-335.

    Nunes, J. and Matias, M. (2003), Controvrsia cientfica e conflitos ambientais

    em Portugal: o caso da co-incenerao de resduos industriais perigosos, Revista

    Crtica das Cincias Sociais, 65, 129-150.

    Pilotti, F. (2001), Globalizacin y Convencin sobre los Derechos del Nio: el

    contexto del texto. CEPAL Srie Polticas Sociales, 48: 1-79.

    Rizzini, I. (2004), Infncia e Globalizao. Anlise das transformaes

    econmicas, polticas e sociais, Sociologia, Problemas e Prticas, 44, 11-26.

    Santos, B. S. (1995), Toward a new common sense Law, Science and politics in

    the paradigmatic transition. New York: Routledege.

    _____. (org.) (2001), Os processos de globalizao, in Boaventura de Sousa

    Santos (org.), Globalizao, Fatalidade ou Utopia?. Porto: Edies Afrontamento, 33-

    106.

    Sarmento, M.; Soares, N. and Toms, C. (2005), Public Policies and Child

    Participation, Childhoods 2005 Children and Youth in Emerging and Transforming

    Societies. University of Oslo.

    Smith, C. (1997), Children's rights: have careers abandoned values?,

    Children&Society, 11(1), 3-15.

    Soares, N. (2005), Infncia e Direitos: participao das crianas nos contextos de

    vida Representaes, Prticas e Poderes. Doctoral thesis. Braga: Instituto de Estudos

    da Criana/Universidade do Minho.

    Toms, C. (2002), Infncia como um campo de estudo multi e interdisciplinar,

    algumas reflexes, Revista Psicologia e Educao, 1 e 2, 131-146.

    _____. (2006), H muitos mundos no mundoDireitos das Crianas,

    Cosmopolitismo Infantil e Movimentos Sociais de Crianas. Dilogos entre crianas de

    Portugal e do Brasil. Doctoral thesis. Braga: Instituto de Estudos da

    Criana/Universidade do Minho.

    Toms, C. and Soares, N. (2004), Da emergncia da participao necessidadede consolidao da cidadania da infncia...os intrincados trilhos da aco, participao

  • 8/8/2019 Childhood's Today

    15/15

    Childhood and Rights: Reflections on the UN Convention on the Rights of the Child. Childhoods Today.Vol 2 (2):1-14.

    15

    e protagonismo social e poltico das crianas, RevistaFrum Sociolgico, IEDS/UNL,

    11/12, 349-361.

    UNICEF (1995), Informe sobre el estado de la infancia. New York: UNICEF.

    Van Bueren, G. (1998), Children's rights: balancing traditional values and cultural

    plurality, in G. Douglas and L. Sebba (Ed.), Children's rights and traditional values.

    Hants: Dartmouth Publishing Company, 15-30.