CONVENTION ON THE CHILDREN’S RIGHTS

Convention on the Children’s Rights was officially accepted by consensus by the 44th Assembly of the United Nations on 20 November 1989. On 26 January 1990, the Convention was open for signature while celebrating the 30th anniversary of Children International Year (1979-1989). Convention on the Children’s Rights was implemented on 2 September 1990 after 30 days it was recognized by 20 countries.

The Malaysian Government had signed the Convention on the Children’s Rights on 28 December 1994 and implemented it on 7 February 1995. However, the government had made reservation on the clauses 1, 2, 7, 13, 14, 15, 22, 28, 37 and 40 because they are against the national policy, laws and practice. However, those reservations will be reversed when situation and time are suitable to the government. On 25 February 1999, the government had reversed several reservations while maintaining reservation on clauses 1, 2, 7, 13, 14, 15, 28 para 1(a) and clause 37.

Generally, the Convention on the Children’s Rights sets in motion for the government to be more responsible towards the well-being of the children by recognizing their rights. The Convention also elucidates the children’s needs which are different from the adults.

The Convention contains 3 parts and 54 articles outlined as follows:

Part I: 41 articles on the Children’s Rights

Part II: 4 articles on the implementation of Convention and its implications on the member countries

Part III: 9 articles on recognition of the Convention and its implications. The Convention stresses that children below 18 years old have the following rights:

a)  to live, growing up in good health, enjoying a decent standard of living and caring and love and affection within the family surrounding.

b)   to preserve identity as an individual and citizen and;

c)  to be protected from hardship and barriers in life during emergency, war and as a refugee, when helpless, and from exploitation or crime

The Convention also elucidates all children’s needs which differ from the adults by taking into account the following:

a)   International cooperation in efforts of giving protection to the children;

b)  The role and responsibility of family and nation in giving protection and uphold the children’s rights;

c)   Stress the importance of children’s rights to grow up according to their culture, belief or religion of their family;

d)    To protect the orphaned who needs adopted/foster family; and

e)    To give the right of citizenships to all the children.