2

Young Children’s Rights and
the Effects of Discrimination

Jonathan Todres¹ discussed the importance of the 1989 United Nations Convention on the Rights of the Child (UN CRC), detailed how this global commitment intersects with the United Nations Sustainable Development Goals (UN SDGs), and outlined key considerations in advancing children’s rights and well-being. The UN CRC, a treaty to which every country in the world is a party except the United States, has four foundational principles. These principles establish that children have a right to life, survival, and development (Article 6); to have decision makers and policy makers consider their best interests (Article 3); to fully participate in actions and decisions that affect their lives (Article 12); and that children are entitled to the rights enshrined in the UN CRC without discrimination (Article 2). According to Todres, the UN CRC is particularly important because it establishes a legal mandate. In essence, countries must protect and provide for their children not on moral grounds, but because they are legally compelled to do so.

The UN CRC contains a range of substantive provisions that cover health, education, nutrition, and social protection, as well as numerous other issues. As stated by Todres, like other human rights treaties, the UN CRC has reporting requirements that require governments to report to the Committee on the Rights of the Child every 5 years on the steps they are taking to provide for children; what progress is being made; and what

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¹ Jonathan Todres is a professor of law at the Georgia State University College of Law in the United States.

obstacles have been encountered. Based on these reports and input from civil society, the committee offers recommendations for action, which in many occasions have spurred legislation that led to improvements for children. For Todres, this reporting procedure provides a built-in monitoring and evaluation function. Although he cautioned against causation, Todres said that in the era of the UN CRC—since 1989—there have been a number of changes in countries’ laws—both at the constitutional level and in other national laws—that have significantly advanced child rights and well-being (Adamson et al., 2007). In addition, Todres explained that data show an improvement in outcomes for many children, such as a decrease in under-5 mortality from 12 million per year in 1990 to less than 6 million in 2015 (WHO, 2016) and a reduction in the number of children out of school and involved in child labor. Another benefit of the UN CRC, Todres said, is that it creates a dedicated process for children that elevates the special care and attention needed for this vulnerable population; other human rights systems combine adults and children, sometimes including children as an afterthought. He did note some limitations in the convention, citing enforcement issues and the opportunity for misinterpretation of the “best interests of the child” provision.

THE INTERSECTION OF THE UN CRC AND THE UN SDGs

When comparing the UN SDGs to the UN CRC, Todres found significant overlap and parallel mandates. As an example, Target 1.1 of UN SDG Goal 1: “End poverty in all its forms everywhere,” aims to eradicate extreme poverty by 2030. Article 27 of the UN CRC likewise requires governments to recognize that children have the right to an adequate standard of living with a focus on nutrition, clothing, and housing. UN SDG Target 1.4 emphasizes the importance of property ownership and inheritance rights. UN CRC Article 2 has relevant requirements to prohibit discrimination that, when used in the context of children orphaned by AIDS, can help prevent property grabbing and ensure entitlement to property and inheritance rights. Looking at UN SDG 4: “Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all,” Todres highlighted several relevant UN CRC articles (as outlined in Table 2-1). Article 28 compels countries to make primary education compulsory and free to all children; make secondary education available and accessible to every child; make higher education accessible to all on the basis of capacity; and take steps to encourage attendance and reduce dropout rates. Article 29 states that education should be directed to the fullest development of the child, with respect for human rights and fundamental freedoms, gender equality, and other targets contained in the UN SDGs. For Todres, there are substantive opportunities to combine

TABLE 2-1 Comparison of SDG 4 to UN CRC Articles 2, 28, 29, and 42

NOTE: CRC = Convention of the Rights of the Child; SDG = Sustainable Development Goal; UN = United Nations.

SOURCES: UN General Assembly, 2015; UNICEF, 1989.

the UN SDGs and the UN CRC to advance the rights and well-being of children.

KEY CONSIDERATIONS WHEN ADVANCING CHILDREN’S RIGHTS

Todres closed his talk by presenting five key considerations when advancing children’s rights and well-being.

The Time-Sensitive Nature of Children’s Rights

Todres stated that in some cases, denial of the right to health care for an adult for a relatively short period of time (e.g., 2 years), might not be as great a detriment as it would for a child. For many children, poor health care and nutrition for a brief duration can significantly affect their growth and development. Likewise, being out of school for a short period might prevent a child from ever returning to school, drastically altering their life course. Todres pointed to internally displaced persons and the large number of refugees worldwide, 41 percent of whom are children, who often have lengthy stays in refugee camps. He urged decision makers to be cognizant of the sensitive early development period and to realize that interruptions in access to services might have critical long-term consequences.

Discrimination

According to Todres, well-documented evidence shows the detrimental effects discrimination has on a child’s psychological well-being, scholastic achievement, and social-emotional growth. In particular, he focused on multiple forms of discrimination and intersectionality, citing Kimberlé Crenshaw, who coined the term intersectionality and asserted that multiple forms of discrimination cannot be considered independently. Instead, one must consider their interactions, which reinforce each other (Crenshaw, 1989). Drawing on research on Romani girls, Todres explained how a young Romani girl may be discriminated against because she is a girl, a Romani, and a child, and that all of these streams of discrimination will disadvantage her by denying or limiting access to institutions, education, health care, and the justice system (Ravnbøl, 2009). For Todres, considering multiple forms of discrimination can help inform thinking about marginalized communities.

The Interrelationship Among Rights

It is well-accepted that rights are interrelated and interdependent and have horizontal and vertical relationships, said Todres, but greater attention must be given to the effect of these interrelationships. An example of a horizontal relationship is the effect poor health has on school attendance and education. Removing school fees is a good start for providing access to education and securing education rights, but many marginalized children still cannot attend school because of other barriers such as poorer health or lack of access to health care, resulting in higher absenteeism from school. Todres called for a more holistic approach to address health, education, and other rights. He used the relationship between women’s rights and children’s rights as a notable example of a vertical relationship. As women bear the de facto primary responsibility for child care in many countries, the ability for a woman to realize her rights, educational opportunities, and employment opportunities has a direct effect on her children.

Mainstreaming

Drawing on the UN SDGs targets for infrastructure development and sustainable development, Todres said that decision makers often discuss children in relation to health and education, but they should realize that decisions made about infrastructure, transportation, and other sectors also affect the lives of children. To ensure child well-being features prominently in a country’s agenda, he recommends ensuring that governments account for children’s rights at the design, implementation, and monitoring and evaluation stages of law, policy, and programming in all sectors (Todres, 2011). He also added the importance of involving children in these processes.

Maturity

Children are often making mature decisions in the face of adversity, such as Syrian refugee children or unaccompanied minors crossing from Central America to the United States (Todres, 2014). According to Todres, sometimes children’s decision-making processes or opinions are not expressed in an adultlike manner, causing adults and decision makers to dismiss them (Todres, 2014). However, being open to children’s insights about their lives and experiences can improve programming, Todres said. He again referenced Article 12 of the UN CRC, which gives the child a right to participate in decisions that affect their lives, based on the presumption that any child capable of forming a view should have the opportunity to express that view and have it adequately considered.

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