Legal and Institutional Framework for the Protection of Rights of Children on the

International Level

03.06.2015, Sarajevo

Abstract

With the development of international organizations after the Second World War comes the acknowledgment of protection of human rights and the need for their protection. At the same time, international community feels that there is a need to protect the most vulnerable members of the global society, children. The first international instrument for the acknowledgment of special protection of children´s rights was brought in 1959, based on the previously existing League of Nations Declaration from 1924. Since then, many conventions were brought on the international level, aiming to define, acknowledge, promote and protect rights of children. One of the most outstanding is the 1989 UN Convention on the Rights of Child. Moreover, with the enactment of the international treaties for human rights, and in particular children´s rights, the institutional framework started to develop. Today, it is consisted of numerous organizations who aims to promote and protect children rights, globally. With the special focus on children rights and mechanisms for protection, this paper aims to provide for an overview of the major international treaties guaranteeing the rights of child, as well as an overview of the institutional framework for child protection. Moreover, this paper will try to determine whether the international mechanisms are efficient in safeguarding children rights, taking into account challenges and recommendations for the further course of action.

Key Words: children, children rights, protection of child, legal and institutional framework, international level

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Table of ContentsAbstract

1. Introduction 4

2. Legal Framework for the Protection of Children´s Rights 4

2.1 Universal children rights instruments (presented in chronological order) 5

2.1.1 (1959) Declaration of the Right of the Child 5

2.1.2 (1973) Minimum Age Convention 5

2.1.3 (1989) UN Convention on the Rights of the Child 6

2.1.4 Two optional protocols to the 1989 Convention on the Rights of the

Child 8

2.1.4.1 Optional Protocol to the Convention on the Rights of the Child on

the involvement of children in armed conflict8

2.1.4.2 Optional Protocol to the Convention on the Rights of the Child on

the sale of children, child prostitution and child pornography

9

2.1.5 European Convention on the Rights of Child 9

2.2 International instruments mentioning children´s rights 9

2.2.1 (1948) Universal Declaration on Human Rights 9

2.2.2 (1966) International Covenant on Civil and Political Rights 92.2.3 (1966) International Covenant on Economic, Social and Cultural Rights

10

3. Institutional Framework for the Protection of Children´s Rights 10

3.1 Treaty established institutions for the protection of children´s rights 10

3.1.1 Committee on the Rights of the Child 10

3.1.2 Committee on Civil and Political Rights – Human Rights Committee

11

3.1.3 Committee on Economic, Social and Cultural Rights 11

3.2 UN institution with the role of promotion and protection of children´s right 12

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3.2.1 United Nations International Children's Emergency Fund (UNICEF)

12

3.2.2 United Nations High Commissioner for Human Rights 12

3.2.3 United Nations Development Program (UNDP) 13

3.2.4 United Nations High Commissioner for Refugees (UNHCR) 13

3.2.5 United Nations World Food Program (WFP) 13

3.2.6 International Labor Organization 13

3.3 Independent organizations 13

3.3.1 Save the Children 13

3.3.2 International Committee of the Red Cross 14

3.3.3 World Vision International 14

3.3.4 Amnesty International 14

3.3.5 Terre de Homes International 14

4. How efficient is the international framework for the protection of the child?

15

4.1 Challenges 15

5. Conclusion 16

References

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1. Introduction

More than a third of the population in the world make kids.1 Children are exposed to poverty, lack of education, the war events, the various forms of abuse, exploitation, etc. There are a large number of children that are not registered at birth. Often encountered in violation of fundamental rights of the child. Organization for Protection of the Rights of the Child "Terre des Hommes" presented the fact that, ten years after the adoption of the UN Convention on the Rights of the Child, two million children worldwide were killed in the wars and armed conflicts; about six million children were injured and ten million children suffer from various trauma.2 Furthermore, many children are forced to kill, due to the low limits for recruitment in certain countries, as well as the mass availability of small arms which is easy to manage. In Mozambique, in the late 80s, in the Army served 200 000 children under the age of 16 years, in Liberia 18 000 children are fighting in the civil war in Lebanon and Sri Lanka; children were forced to report to the suicide commandos; in Rwanda children were for the first time suspected of genocide. These considerations stated the UNICEF study, presented in Bonn in 1996.3 The work of children under 15 years, as a result of poverty, is a known phenomenon in the world. More than 200 million children were subjected to this form of exploitation in 1996, said Petra Boxler from the organization "Terre des Hommes" .4 According to UNICEF data from 2006, one-fifth of children are not fully vaccinated, opportunities for educational development in early childhood in families who have undergone training in the field of parenting and skills related to parenting or through pre-school education - are limited, especially in rural areas; 90% of Roma children do not have health insurance, but also the children of unemployed parents or those who work without benefits, are not covered by insurance, and are effectively excluded from the health care system. It is estimated that 50% of parents of internally displaced persons and returnees still pay for health care services for their children. " Thus, this paper aims to present the most important sources of law in the field of children rights. In doing so, it wants to put in the forefront documents, laws and conventions, but also problems related to the application of those laws, while in terms of legal framework it relies on existing analyzes of the profession.

1 M. Kulaš, How children live worldwide?, http://www.geografija.hr/svijet/kako-zive-djeca-diljem-svijeta/ 2 Dadalos.1999. Stuttgarter Zeitung 16.09.1999., http://www.dadalos-d.org/deutsch/Menschenrechte/grundkurs_mr3/Kinderrechte/Texte/pressear.htm 3 Id. 4 Id.

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2. Legal Framework for the Protection of Children´s Rights

The legislative frawork that is known today, has started to develop in the early twentieth century, after the long period of instability, wars and massive abuses of human rights. The work for the promotion and defining the rights of children can be traced to the 1924, when the Geneva declaration on rights of Child have been brought by the member countries of then existing League of Nations. The declaration was significant in the sense, that it was the first instruments which established the notion of child protection, and in particular, because it provided for rights of children of proper physical and psychological developments. According to this declaration, children were entitled to rights to nutrition, health and social care, right to assistance in trouble, protection from exploatation and right to children to be raised in accordance in which child will be aware of its capabilities. The Geneva declaration on the rights of a child have set a milestone in creation of the further international conventions, which contain provisions guaranteeing certain rights to children, but also it was a significant document providing for the grounds in drafting the UN Convention on the rights of Children. Today, legal framework for the recognition and protection of children´s rights is composed of tenth conventions. However, for the purpose of time limits of this paper, it is sufficient to mention only the most important ones, in the chronological order in which they were introduced.

2.1 Universal children rights instruments (presented in chronological order)2.1.1 (1959) Declaration of the Right of the Child

The 1959 Declaration was the first document, on the rights of the child, which was issued under the umbrella of than newly established United Nations. The UN Declaration was important because, it did not only rely to principles established by the 1924 Geneva Declaration, but it also went further in acknowledging the rights of the child, and imposing obligations to parents, individuals and governments in ensuring that the rights of children are respected, and that they are afforded with the happy childhood. The preamble of this declaration provided that children are entitled to special care and proper legal protection from the moment they are conceived, to the moment after they are born. One of the main principles of this declaration provide that “children are entitled to special protection and opportunities under the laws for their healthy and moral mental, moral, physical and social development”5. The Declaration establishes that every child is entitled to proper nutrition, medical services, housing, education, recreation, that it has right to nationality and name, right not to be neglected and discriminated, right not to be subjected to cruel treatment, trafficking, exploitation, labor and other. 6Moreover, the Declaration, for the first time, established protection of handicapped children, affording them with special treatments in enjoying their lives, as well as it established the notion of “the best interest of the child”7 which is today universally accepted standard, used in almost every country in the world.

2.1.2 (1973) Minimum Age Convention ILO

5 Children’s Rights: International Laws. Loc.gov. Library of Congress. Web. Available at: http://www.loc.gov/law/help/child-rights/international-law.php 6 Id.7 Id.

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Given the fact that throughout the history children were often subjected to various kinds of labor from their early years of life and were quite often the main supporters of their family, it does not wonder how important this convention was in safeguarding the rights of children. The Preamble of the Convention provides that its aim is to completely abolish child labor by defining the common standard on mimimum age for work of children. As such, the Minimum Age Convention estalishes that the minimum working age in few areas. First, it established common minimum age that should not be less than fifteen years when the children complete their compulsory education. 8However, in respect to such mimimum age, it provides for exceptions for the developing countries which is fourteen years of age because often educational and economic systems of developing countries are not sufficiently developed to follow the standards applied in more developed countries.9 Second, in respect to light work (work which does not interviene with child´s health, safety, education or recreational activities – work such as performance in artistic performances) the permitted working age is between thirteen and fifteen years, except for developing countries where miminum age for such work is between twelve and fourteen years of age. 10Third, when it comes to hazardous work (work which may impair children´s health, safety, moral and other) the mimimum age is eighteen years and under strict conditions the age may be sixteen, for every country regardless of the level of their development. 11The convention imposes a positive obligations upon member states, in its Article 7, to combat child labor and to use necessarily measures in order to: “(a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls.“12 This Convention has proven to be sucessful instrument in combating the child labor, having ratification of 167 countries13 who have taken necessarily steps to protect children from the imposed labor.

2.1.3 (1989) UN Convention on the Rights of the Child

The Convention on the Rights of the Child, adopted by the United Nations, on 20 November. in 1989, is the fastest ratified document by more countries than any other human rights instrument. This Convention was not ratified by the United States and Somalia.9 Bosnia

8 Child Labour: International Conventions on child labour. Unorg.com. United Nations. Web. Available at:

http://www.un.org/en/globalissues/briefingpapers/childlabour/intlconvs.shtml

9 Id.10 Id.11 Id.12 Mimimum Age Convention. Ilo.org. International Labor Organization. Web. Available at: http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_ILO_CODE:C182 13 Ratifications of C138 - Minimum Age Convention, 1973 (No. 138). Ilo.org. International Labour Organization. Web. Available at: http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:11300:P11300_INSTRUMENT_ID:312283:NO

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and Herzegovina included the Convention on the Rights of the Child in their legal systems by Annex I to the Constitution of Bosnia and Herzegovina14, and has the force of constitutional norms, and therefore a priority in the application in relation to domestic legislation .15

The Contracting States have accepted, by ratifying the Convention, that they recognize children, within its jurisdiction, a broad catalog of civil, political, economic, social and cultural rights, "regardless of race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, health, birth or other status of a parent or legal guardian. "16 The guiding principle of the Convention are the interests and welfare of the child.17 This is the first time that children were singled out as separate subjects of international law and protection. The Convention seeks to protect children, inter alia, of economic exploitation, illegal drug use, all forms of sexual exploitation and abuse and child trafficking. This document prohibits the recruitment of children under 15 in armed forces of member states.18 Convention on the Rights of the Child contains provisions for children with special needs, and consequently on the international level the legal regulation of the status of this category of children is determined that every child with disabilities has the right to special care, education and improvement. In this way, each child with disabilities should be provided the greatest degree of self-reliance and social integration.

This Convention is considered to be the real beginning of the movement for children's rights. Since then adopted were various documents that reflect the need for special protection of children and awareness of the global community of the necessity of taking concrete action. Convention on the Rights of the Child have so far been ratified by almost all countries of the world. It contains a comprehensive set of international legal norms dedicated to the protection and welfare of children. It introduced a new family-legal standards such as, for example, the best interest of children and new concepts as, for example, a shared responsibility of parents, and children's needs are categorized and given its legal character. It is important to evaluate the effectiveness of the Convention. Each State Party shall keep regular and additional reports on the state of children's rights in its territory. Any such statement may be cause for alarm and the wider social and international support or a role model to children's rights promotion and protection. The first report is submitted two years after entry into force, and then every five years. The Committee is required to respond to the report and submit a "final statement", after which the state is expected to do the best, as soon as possible, to improve the protection of children's rights.

The Convention is unique because:

is comprehensive and as only one provides civil, political, economic, social and cultural rights of children;

14 Bosnia and Herzegovina has signed the two Optional Protocols to the Convention on the Rights of the Child, namely: the Optional Protocol on the Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2000, and signed the Millennium Declaration .15 Ch. Steiner/N. Ademović, 907; Action plan for children in Bosnia and Herzegovina (2011-2014).16 Article 2, paragraph (1) of the Convention on the Rights of the Child (1989).17 Article 3, paragraph (1) of the Convention on the Rights of the Child (1989).18 Thomas Buergenthal, International Human Rights in Nutshell, second edition St Paul. Minn. West Publishing Co, 1995.

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universal and applicable to all children, in all situations, in almost the entire community of nations;

unconditional and requires governments with weaker sources of funding, to undertake activities related to the protection of children's rights;

holistic, which means that advocates the view that all rights are fundamental, indivisible, interdependent and equally important.

The Committee on the Rights of the Child has identified four general principles underlying all the rights enshrined in the Convention on the Rights of the Child:

The principle of non-discrimination according to which children must not suffer discrimination "irrespective of race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status of the child, his parents or legal guardians ".

Children have the right to life and development in all aspects of life, including physical, emotional, psychosocial, cognitive, social and cultural.

While making a decision or execution procedures affecting the child or children as a group, the most important must be the welfare of the child.

Children must be allowed to participate actively in the resolution of any issues that affect their lives and allow them the freedom to express opinions.

Given the kind of rights referred to, articles of the Convention can be classified as follows:

The rights of survival Development rights Protective rights The rights of participation

The Convention is a comprehensive instrument of various rights which, among other things, shows that the hierarchy of children's rights does not exist. So, all these rights are necessary for a child to develop to a physical and mental whole person. The Convention on the Rights of the Child is not the usual catalog of children's rights, but a list of tasks that the state must fulfill to the child.

2.1.4 Two optional protocols to the 1989 Convention on the Rights of the Child 2.1.4.1 Optional Protocol to the Convention on the Rights of the Child on the involvement

of children in armed conflict

As child soldiers, according to the UN Convention on the Rights of the Child of 1989, are weighed all the participants of the armed conflict under the age of 15 years, and those directly involved in hostile actions. Additional Protocol from 2002 increases the minimum age for military service, in countries that have ratified the Convention, to 18 years. Voluntary recruits older than 14 years, according to international law, are still legal. However, UNICEF and human rights organization Terre des Hommes and Amnesty International called all participants in armed conflicts and their assistants under 18 as "child soldiers".

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2.1.4.2 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

The United Nations in 2000, adopted the protocol on trafficking children, child prostitution and child pornography, which defines all three terms and proposes appropriate measures expansion of the Convention on the Rights of the Child, which states parties should take to guarantee the protection of the child from the sale of children, children prostitution and child pornography.

2.1.5 European Convention on the Rights of Child

European Convention on the Exercise of Children's Rights (1996) is a Convention of the Council of Europe. Applies only to judicial and administrative proceedings, family law, and for those that the states indicated as such. In the center stands the child and for this purpose it sets new standards and requirements for the procedural rights of the child. The role of the Court is further strengthened by the Convention, defining his special powers to conduct a separate, though very generalized, role of representative of the child.

2.2 International instruments mentioning children´s rights 2.2.1 (1948) Universal Declaration on Human Rights

Before more than fifty years the world said "never again" to the horrors of the Second World War. He proclaimed that all human beings, wherever and whoever, have rights that must be respected in all circumstances. The Universal Declaration was adopted and announced by the General Assembly of the UN in Paris, 10 December 1948. The Declaration represents the first global expression of rights of all human beings. It contains 30 articles which were later elaborated in international treaties, regional human rights instruments, national constitutions and laws deriving from the Declaration. The Universal Declaration of Human Rights is available on the website of the Government Office for Human Rights.

"All human beings are born free and equal in dignity and rights ... Everyone has the right to life, liberty and security ... All are equal before the law." - are just some of the principles of the mentioned Declaration, and which are incorporated in the basic legal acts of most modern countries in the world.19

2.2.2 (1966) International Covenant on Civil and Political Rights

Following the adoption of the Declaration on Human Rights in 1948, the Human Rights Commission has focused its attention to the development of agreements on certain political and civil rights, and social and economic rights. They organized two convenants:

International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR).

19 Universal Declaration of Human Rights. http://www.un.org/en/documents/udhr/

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These agreements were finally approved in 1966, 18 years after the adoption of the UDHR. It took another 10 years for the two agreements to be signed by enough countries to ratify them, and finally entered into force in 1976.

ICCPR requires states to respect the civil and political rights of all people, including the right to self-determination, to life, freedom of speech, freedom of religion, freedom of assembly, electoral rights and the right to a fair trial. As an agreement, the ICCPR is legally binding in international law. These are mostly first-generation rights. The agreement follows and supervises the Human Rights Committee.

2.2.3 (1966) International Covenant on Economic, Social and Cultural Rights

ICSECR obliges states to work towards the realization of economic, social and cultural rights of individuals. These rights include the right to work and the right to health care, the right to education and the right to an adequate standard of living. Agreement supervises the Committee on Economic, Social and Cultural Rights.

3. Institutional Framework for the Protection of Children´s Rights

The institutional framework for protection of children's rights consists of numerous institutions such as government bodies: the Ministry of Family, Intergenerational Solidarity, Ministry of the Interior, the judicial authorities (Juvenile courts), legal persons with public authorities (welfare centers), a number of institutions operating in the areas of education, health, social welfare, and the activities of civil society and religious communities.

3.1 Treaty established institutions for the protection of children´s rights3.1.1 Committee on the Rights of the Child

The Committee on the Rights of the Child (CRC) is the group of free professionals that screens execution of the Convention on the Rights of the Child by its State parties. It likewise screens execution of two discretionary conventions to the Convention, on inclusion of youngsters in armed conflict and sale of kids, youngster prostitution and kid pronography. 20

The Committees chips away at various distinctive ranges. These include: Examine the kids' rights circumstance in nations, Complaints system, General Comments , Days of General Discussion, Report to the UN General Assembly.

The Committee on the Rights of the Child has ordered the four general principles underlying all the rights enshrined in the Convention on the Rights of the Child, namely:

The right to life, survival and development Non-discrimination The best interests of the child The right to participation

20 Ombudsman for Children of the Republic of Serbian. "The UN Commitee for children rights - New recomendations to BiH, 27.11.2012.".” http://www.djeca.rs.ba/index.php?p=2001&lang=1

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The right to express its opinion on all matters that affect them and that his opinion is taken into account.

The Committee is additionally ready to consider individual dissentions asserting infringement of the Convention on the Rights of the Children and its initial two discretionary conventions (OPAC and OPSC) by States members to the OPIC, and also to complete investigation into affirmations of grave or methodical infringement of rights under the Convention and its two optional conventions.

On 14 April 2014 the third Optional Protocol (OP3) to the United Nation's (UN) Convention on the Rights of the Child (CRC) went into power. This will empower kids to grumble to the UN on human rights infringement and sets up a worldwide protests technique for infringement of kid rights contained in the CRC, the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict (OPAC), and also the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography (OPSC).

Three systems to test infringement of youngsters' rights are accessible: individual complaints, request (for genuine or broad infringement) and between state interchanges empowering kids to realize complaints on the violation that they have not been completely determined on national level. Prior to the adaption of OP3 CRC, the CRC was the main center of human rights that did exclude a correspondence system. OP3 now ensures a more extensive scope of youngsters' rights than whatever other worldwide instrument.

3.1.2 Committee on Civil and Political Rights – Human Rights Committee

The Human Rights Commission was formed in 1946, is based on Article 68 of the UN Charter, and consists of the authorized representatives of 53 countries elected by the Economic and Social Council by a formula that provides geographical representation. It is a political body that acts on the instructions of their governments, and often submit proposals, recommendations and reports in connection with the conclusion and implementation of international instruments in the field of human rights.

3.1.3 Committee on Economic, Social and Cultural Rights

The Committee on Economic, Social and Cultural Rights (CESCR) is the commitee of 18 professionals, that monitors the incorporation of the International Covenant on Economic, Social and Cultural Rights by te member countries.21

3.2 UN institution with the role of promotion and protection of children´s rights3.2.1 United Nations International Children's Emergency Fund (UNICEF)

21 OHCHR. „Commitee on Economic, social and cultural rights“ http://www.ohchr.org/en/hrbodies/cescr/pages/cescrindex.aspx

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UNICEF was founded November 11, 1946 at the Founding Assembly of the United Nations. UN Children's Fund (UNICEF) is the leading global organization dedicated to the children, who is for 65 years working on improving children's rights and the conditions in which children live and develop, in 190 countries and territories worldwide. Thanks to its approach, expertise and the influence it has on governments, other organizations and the public around the world, UNICEF managed to save and improve children's lives where it is most needed and most difficult. UNICEF is a non-profit fund with a very clear, transparent and efficient collection of policies and investment funds. UNICEF does not receive any help from the United Nations, but rely entirely on voluntary donations. The main mission of UNICEF has always been to reach out to children who are the most disenfranchised and vulnerable.

"A new study by UNICEF - Progress for Children: Achieving the MDGs with Equity (No. 9)- came to a surprising and significant conclusion: a strategy that is based on a fair approach can make us faster and more cost-effective from the route we're going now to the realization of the Millennium Development Goals 4 and 5 - reducing child mortality and improving maternal health, with the possibility that, by 2015, we prevent millions of deaths of mothers and children. "22

"in the 80's only 10 to 20 percent of children in developing countries were immunized. Today, 70 percent of children receive vaccines", indicates the head of UNICEF, Anne Veneman. At the forefront of UNICEF's activities currently they are fighting AIDS. The USA as the largest donor traditionally plays a leading role in the UN organization.

3.2.2 United Nations High Commissioner for Human Rights

High Commissioner for Human Rights of the UN or the UN High Commissioner for Human Rights (Office of the United Nations High Commissioner for Human Rights, abbreviation OHCHR) is an agency of the United Nations that stands for the protection and human rights guaranteed by international law, established the Universal Declaration of Human Rights of 1948. The High Commissioner was established by the General Assembly of the United Nations on 20/12. 1993 on the eve of the World Conference on Human Rights. The goal of the UN is to promote the general enjoyment of all human rights of will and determination of the world community as specified by the United Nations.

3.2.3 United Nations Development Program (UNDP)

The United Nations Development Programme (UNDP) is the largest multilateral source of development aid in the world. Headquarters program is in New York and it is the largest

22 UNICEF BiH. „Milenium development goals and children of the world“ http://www.unicef.org/bih/ba/children_15921.html

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agency within the United Nations. The organization is funded through donations and provides training, expert consultation and limited assistance in equipment for developing countries, with a heavy emphasis on helping the least developed countries.

3.2.4 United Nations High Commissioner for Refugees (UNHCR)

To facilitate the fate of millions of refugees and displaced in post-war Europe, the United Nations in 1951, founded the United Nations High Commissioner for Refugees UNHCR.23 In the same year, UNHCR has established its representative office in Vienna. Of all the UN agencies, UNHCR the longest present in Austria. The most important reason for opening dealerships in the Austrian capital is that, the UN in Vienna wanted to help in the organization and funding in solving problems with the wave of refugees after World War II.

3.2.5 United Nations World Food Program (WFP)

One of the more powerful and better organized humanitarian organizations is certainly the WFP (World Food Program), an organization that takes care of the procurement and delivery of basic food products to thousands of displaced people around the world. With a steady income, which regularly receives from the United Nations, its work is based mainly on donations and the goodwill of individuals and political leaders.24

3.2.6 International Labor Organization

The International Labour Organization was founded in 1919 with the aim of promoting social justice and internationally recognized human and labor rights, based on the belief that universal and lasting peace can only be achieved if it is based on social justice. The ILO is the only UN organization with a unique tripartite structure which brings together governments, employers and trade unions from 175 Member States.25 Bosnia and Herzegovina is a member of the ILO since 1993.

3.3 Independent organizations3.3.1 Save the Children26

Save the Children is the largest international non-governmental organization in the UK, who works for the welfare of children in more than 50 countries worldwide. Save the Children (Foundation) has significant experience in providing emergency humanitarian assistance to children in all parts of the world where there is a need. This organization has a mission tho help children worldwide with education, it supplies those who need it with books, educational toys and similar. Save the children also helps kids in emergencies in natural disasters and ensures they have all the medical care that is needed for them to grow up healthy.

3.3.2 International Committee of the Red Cross

23 UNHCR. http://www.unhcr.org/pages/49c3646cbf.html 24 WFP. https://www.wfp.org/about 25 ILO. http://www.ilo.org/global/about-the-ilo/lang--en/index.htm 26 Save the Children. https://nwb.savethechildren.net/

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The Red Cross is an international humanitarian organization with its headquarters in Geneva. Its founder was Henri Dunant. In each country there is only one national Red Cross (which is divided into urban and municipal organizations, etc.), and the National Societies are united in the International Federation of Red Cross and Red Crescent Societies. Besides all the guidelines on their websites how to help children in emergencies, if they are ill or if they get injured, the Red Cross provides shelter and help to all children in war and all ather circumstances. In 1956. the Red Cross built the Red Cross War Memorial Children’s Hospital in Southern Africa, which serves for curing only children and the education of staff. There are a lot of Red Cross volounters who each year help a lot of children in providing food, water and especially healt care like vaccination.

3.3.3. World Vision International27

World Vision is an international humanitarian organization that serves the poorest children in the world and their families and communities, in over 100 countries worldwide. World Vision International was founded in 1950 and in Bosnia and Herzegovina has been operating since 1994. Together with their parents, World Vision International helps children by preventing exploitation and harmful traditions with children in their communities, they restore children who have been exploited, neglected and help taking care of the most vulnerable children. On their website there is the option to sponsor a child, and by giving only 35 dollars monthly you cn save a childs life.

3.3.4 Amnesty International

Amnesty International is an independent, non-profit organization that is taking action to protect and promote human rights. It is based on internationally accepted human rights standards. The organization was founded in 1961 in London.28 Amnesty International fights for and protects human rights worldwide and is helping those children who can not or are afraid to speak themselves.

3.3.5 Terre de Homes International

Terres des Hommes is a humanitarian organization focused on the situation of children and supporting about projects in developing countries, including school and training projects, initiatives for children living on the street, working children, child prostitutes and refugee children.29 The mission of this organization is to stop children exploitation, they help in educating, health care and socie-economic development of the child. There are over 250 projects worldwide supported by Terre des Hommes in child development.

4 How efficient is the international framework for the protection of the child?4.3 Challenges

27 World Vision International BiH. http :// www . wvi . org / bosnia - and - herzegovina / about - us 28 Amnesyt International. https :// www . amnesty . org / en / who - we - are / 29 Terre des Hommes International Federation. http://www.terredeshommes.org/about/mission/

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Since the adoption of the CRC, significant progress in the realization of children's rights has been made. A number of countries have fulfilled and exceeded the goals for child survival and improved the protection of the child. However, too many children are still not included, in the countries of middle and high-income countries that are members of the Council of Europe. Improved national averages hide serious disparities - many children are not numbered, are invisible in statistics and are at risk of being forgotten. These include children with disabilities, children from ethnic or linguistic minorities, especially the Roma; Children affected by migration; children living in institutions; children in prison; marginalized adolescents; Children in poor rural or urban areas, and yet, in some cases, girls and boys in other cases. Long-term social exclusion of children and adolescents and social inequality in the development are key challenges for children's rights around the world. They make an unfinished program for children's rights in Europe.

Lack of access to health care remains a challenge for vulnerable children - many children are still dying needlessly because they are not properly vaccinated. In one of the countries of South Eastern Europe, for example, only 4 percent of Roma children received the recommended vaccines, compared with 68 percent of non-Roma children. The rights, dignity, inclusion and gender of children are the basis of the guidelines for health care tailored to children that have been developed with contributions from UNICEF. The multidisciplinary approach of the Council is aimed at strengthening the link between health care and social protection, and emphasizes health promotion and prevention. We need to implement these principles into practice so vulnerable children have access to quality services. But many challenges remain: high cash outflows, differences in quality of care, and social exclusion and stigmatization.

Another key problem: despite current reforms, most countries in Europe and Central Asia still place children to institutional care as a measure to protect the child. Since 2000 the number of children and adolescents separated from their parents is not reduced despite the declining number of children. In many regions at least 31 000 children under the age of three years placed under institutional care, and only 2 to 5 percent of them are children without parental care. Children with disabilities continue to face isolation and discrimination - in many countries they make up 60 percent of all children in institutions.

The third problem, children in conflict with the law are one of the key concerns of UNICEF. The legislation is in line with international and European standards; introduced as alternatives to incarceration, and the capacity of the police, judiciary and independent body to monitor human rights are strengthened. The results are encouraging in many countries of the region ,the percentage of children in prisons, both before and after the trial, declined over the past six to eight years, while in some cases fell by 80 percent. These reforms, which focus on reintegration and prevention, must continue. But we must take the next step.30

5 Conclusion

Although the documents on the rights of children tend to provide better living conditions and more rights in society, the fact is that a large number of children worldwide is exposed to

30 Galonja Aleksandra et al. „Children in movement“ http://atina.org.rs/biblioteka/deca%20u%20pokretu.pdf

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the dangers that threaten their growth and development. Children are victims of war and violence, racial discrimination, aggression and a variety of other forms of violations of their rights. Hence there is an apparent discrepancy in rights that are provided to children in the documents and property rights that they have in society. A possible reason for the gap between theory and practice in the absence of adequate mechanisms to systematically punish violations of children's rights.

This paper is a brief explanation of the major unified documents, conventions and organizations related to children's rights at the international level, and points out the basic problems that violate children's rights. You can come to the conclusion that the legislative framework without consistent implementation in practice, leaves unsolved problems in terms of respect for the needs of children in particular upbringing and education, health, social care and all other views.

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