|
Rights of the Child
l Convention on the Rights of the Child l Article
7 l The Convention and Burma l The
Convention and Thailand l Other Relevant Conventions and Covenants l
Convention on the Rights of the Child
Since its adoption in 1989 after more
than 60 years of advocacy, the United
Nations Convention on the Rights of the Child has been ratified more quickly and by more governments (all except
Somalia and the US) than any other human rights instrument.
This Convention
is also the only international human rights treaty that expressly gives
non-governmental organisations (NGOs) a role in monitoring its implementation
(under Article
45a). Two Optional Protocols to the Convention on the Rights of the Child exist:
- The Optional Protocol
on the sale of children, child prostitution and child pornography, dated 18 January 2002 (A/RES/54/263, dated 25 May 2000)
- The Optional
Protocol on the involvement of children in armed conflicts Adopted (A/RES/54/263, dated 25 May 2000)
The basic premise of the Convention is that children (all human beings below
the age of 18) are born with fundamental freedoms and the inherent rights of
all human beings.
Many governments have enacted legislation, created mechanisms
and put into place a range of creative measures to ensure the protection
and realisation of the rights of those under the age of 18. Each government
must
also report back on children's rights in their country. The Committee on the Rights of the Child is the monitoring body to the CRC
that holds regular meetings and oversees the progress made by States Parties
in fulfilling their obligations. It can make suggestions and recommendations
to governments and the General Assembly on ways to meet the Convention's objectives.
Article 7 of the Convention
on the Rights of the Child
1. The child shall be registered immediately after birth and
shall have the right from birth to a name, the right to acquire a nationality
and.
as far
as possible, the right to know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance
with their national law and their obligations under the relevant international
instruments in this field, in particular where the child would otherwise be
stateless.
The Convention and Burma
The Burmese military regime became a party
to the 1989 Convention on the Rights of the Child (CRC) to improve its international
image rather than to recognise and to protect the economic, civil, cultural,
political and social rights of children.
It acceded
to the Convention in August 1991, and in October 1993, it passed a new
Child Law (SLORC Child Law No. 9/93). The regime declared that the law was “aimed
at protecting the rights of the child recognised in the UN Convention on the
Rights
of
the Child”.
This law is widely viewed and an attempt to avoid the
full implementation of the Convention. The Burmese Child Law (1993) does
not apply to all children residing in Burma, because it is subject to other
existing
laws, for example, the Burma Citizenship Law (1982). Children born to foreigners
residing in Burma do not having the right to the same services and benefits
under the Child Law as Burmese nationals. According to Section 154(c) of
Burma's 1974 constitution, it is only children born of citizens who should
enjoy equal rights.
The Office of the UN Committee on the Rights of the
Child assessed the performance of the Burmese military regime in January
2004. A damning report
on the systematic denial of the human rights of children was issued.
The Convention and Thailand
Thailand is a party to the 1989 Convention on the Right of the Child.
However it
imposed reservations to the Convention, when it ratified the Convention
in 1992. It specifically imposed reservations to Articles 7 and 22 of the Convention,
which guarantees registration after birth, and legal status of children
born in Thailand. Thai law does not grant citizenship to the children of illegal’s who
are born in Thailand. These children remain “illegal” persons even
though they have grown up and assimilated into Thai society, and speak the
Thai language. They are unable to return to Burma because their parents illegally
left Burma, and they have no birth certificates or documents to prove that
their parents are Burmese citizens.
Other Relevant Conventions and Covenants
Neither Thailand or Burma are signatories. (June 2005)
Neither Thailand or Burma are signatories. (June 2005)
Convention against Transnational Organized Crime
Thailand is a signatory; Burma is a signatory with the
reservations that it does not support extradition nor International Court
of Justice jurisdiction. (June 2005)
Thailand is a signatory; Burma is not. (June 2005)
Protocol to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime
Thailand is a signatory; Burma is a signatory with the
reservations that it does not support International Court of
Justice jurisdiction. (june 2005)
|
