GLOSSARY
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Technical advice and assistance
CRC Article = 45(b)
Note:
The Centre for Human Rights, located at the United Nations Office at Geneva, acts as the Secretariat of the United Nations on human rights issues. One of its principal tasks is the administering of the programme of advisory services and technical assistance in the field of human rights. This programme aims to improve the effective enjoyment of human rights through concrete projects designed to strengthen regional and national human rights infrastructures including democratic institutions. Such projects range from the provision of advice to Governments on domestic human rights legislation to the translation and dissemination of major human rights conventions into local languages. These activities are directed at fostering a climate conducive to respect for human rights, thereby furthering the application of international norms and standards which have been formulated within the United Nations. The Voluntary Fund for Technical Assistance in the Field of Human Rights provides additional financial support. Article 45(b) of the CRC complements this programme of advisory services and technical assistance by providing that the Committee on the Rights of the Child shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children's Fund (UNICEF) and other competent bodies, any State reports that contain a request, or indicate a need, for technical advice or assistance.
See also:
Committee on the Rights of the Child Competent bodies Developing countries Inter-governmental organizations International co-operation Non-governmental organizations United Nations Children's Fund United Nations specialized agencies
Torture
CRC Article = 37(a)
Note:
The right of the child not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment is set forth in Article 37(a) of the CRC. The aim of this provision is to protect both the dignity and the physical and mental integrity of the child. Noteworthy are the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987) and the Inter-American Convention to Prevent and Punish Torture (1985).
See also:
Cruel, inhuman or degrading treatment or punishment Discrimination and punishment Recovery and reintegration Treatment of accused children Treatment of children deprived of their liberty Treatment of convicted children
Trade unions
Note:
The right of the child to freedom of association is set forth in Article 15 of the CRC, but does not explicitly mention the right of the child to form and join trade unions. However, during the drafting of this provision, the view was expressed that it should be recognized that older children, particularly children above the legal minimum age for admission to employment, have the right to join trade unions.
See also:
Child labour Enforcement of child labour standards Freedom of association
Traditional practices
CRC Article = 24(3)
Note:
States Parties are required to take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children. Such practices include all harmful traditional practices, such as female genital mutilation, or female circumcision, son preference, female infanticide, early marriage and dowry, early pregnancy, nutritional taboos and certain practices related to child delivery. Consider the Plan of Action for the Elimination of Harmful Traditional Practices Affecting the Health of Women and Children, prepared by the second United Nations Regional Seminar on Traditional Practices Affecting the Health of Women and Children, held at Colombo, Sri Lanka, from 4 to 8 July 1994, and adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities in its resolution 1994/30 of 26 August 1994.
See also:
Health and health services
Transformation
Note:
Many countries have constitutional provisions which determine the status of treaties in the national law, so that the precise legal implications of becoming party to the CRC will vary from State to State. In general, the approach of States to treaties can be divided into the transformation approach and the incorporation approach. States Parties which follow the transformation approach use the provisions of the CRC as the basis for enacting appropriate national legislative rules. Therefore, if a child wishes to invoke articles of the CRC in a national court or before an administrative tribunal the child relies upon the corresponding national provision and not on the article of the CRC itself.
See also:
Applicability Incorporation
Treatment and punishment
Treatment of accused children
CRC Article = 40(1)
Note:
The right of the accused child to appropriate treatment is recognized in Article 40(1) of the CRC. States Parties are required to ensure that such a child is treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others, and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.
See also:
Accused children Administration of Juvenile Justice Cruel, inhuman or degrading treatment or punishment Discrimination and punishment Privacy of accused children Torture Treatment of children deprived of their liberty Treatment of convicted children Trial in the presence of parents
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