t h e p r o t e c t i o n o f h u m a n r i g h t s
331
The Committee on the Rights of the Child
362
The Convention on the Rights of the Child was adopted by the General
Assembly on 20 November 1989.
363
It provides that in all actions concern-
ing children, the best interests of the child shall be a primary consider-
ation. A variety of rights are stipulated, including the inherent right to
life (article 6); the right to a name and to acquire a nationality (article 7);
the right to freedom of expression (article 13); the right to freedom of
thought, conscience and religion (article 14); the right not to be sub-
jected to arbitrary or unlawful interference with privacy, family, home or
correspondence and the right to the enjoyment of the highest attainable
standard of health (article 24).
States parties agree to take all appropriate measures to protect the child
from all forms of physical and mental violence (article 19) and from
economic exploitation (article 32) and the illicit use of drugs (article
33), and there are specific provisions relating to refugees and disabled
children. In addition, states parties agree to respect the rules of interna-
tional humanitarian law applicable to armed conflicts relevant to children
(article 38). This provision was one response to the use of children in the
Iran–Iraq war.
Article 43 of the Convention on the Rights of the Child provides for
the establishment of a Committee. This Committee, which was elected
in 1991, was originally composed of ten independent experts
364
and has
the competence to hear states’ reports (article 44). The Committee it-
self submits reports every two years to the General Assembly through
ECOSOC. The Committee can recommend to the General Assembly that
the Secretary-General be requested to undertake on its behalf studies on
362
See e.g. T. Buck,
International Child Law
, London, 2005; G. Lansdown, ‘The Reporting
Procedures under the Convention on the Rights of the Child’ in Alston and Crawford,
Future
, p. 113; Rehman,
International Human Rights Law
, chapter 14;
Revisiting Children’s
Rights: 10 Years of the UN Convention on the Rights of the Child
(ed. D. Fottrell), The Hague,
2000; D. McGoldrick, ‘The UN Convention on the Rights of the Child’, 5
International
Journal of Law and the Family
, 1991, p. 132; M. Santos Pais, ‘The Convention on the
Rights of the Child and the Work of the Committee’, 26
Israel Law Review
, 1992, p. 16,
and Santos Pais, ‘Rights of Children and the Family’ in Herkin and Hargrove,
Human
Rights: An Agenda for the Next Century
, p. 183. See also G. Van Bueren,
The International
Law on the Rights of the Child
, Dordrecht, 1995, and
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