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Essay: Protect Children: UN Conventions and Policies on Human Security

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  • Published: 1 April 2019*
  • Last Modified: 23 July 2024
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  • Words: 2,661 (approx)
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Abstract

Today, human security is one of the most significant issues in the world. There are a lot of proposals about the providing of human security by international organization in world politics and academic area. States are obliged to provide human security they have to respect human rights.

Development of technology, communication and transportation led to the emergence of different threats in the world. Varieties of threats are increasing in time and this show that the need for a security concept in the post cold war world. This means that Cold War and the new world order are significant for the new issues in today’s world.

With the revealing of new threats in the United Nations Human Development Report in 1994, the studies on this issue increased. This report focused on the providing security politics and emphasized the human safety as a most important point. What is the significant here is that individuals were given much more importance. However, although this is accepted in international area, states damaged most its citizens when trying to citizens and its sovereignty.

Another factor for the human security is the political threats like the states’ pressure on its citizens or violation of human rights by states against its citizens. In order to deal with the threats, states violated consciously or unconsciously human rights. Increasing threats also bring some restriction or violation on citizens like the use of excessive force of states’ security forces and this led to the violation of most important human rights: right to life. Therefore, balance between the liberty and security became significant.  Expanding the concept of security and the increasing studies on security is directly proportionate to increasing threats in the world and in the situation of threats; it does not give much attention to human rights for the sake of interest of states. In fact, understanding of human security depends on the external threats of states and attack from another state as a military-power oriented multidimensional new concept. This new concept includes the economic, political and social threats and aim to deal with these threats in order to provide people’s welfare. However, most importantly, increasing and expanding threats damage mostly to children as most innocent peoples in the world. This essay focused on the children rights and the protection of children by arguing two problems in the context of the international organizations and their duties on this issue: Refugee children and the child labor. Before the focusing and expanding on these two problems, definition of child will be given and United Nations’ movement on this issue will be examined.

Who called the child?

Child in English, enfant in French, kind in German, kambina in Italian and çocuk in Turkish means that the person who is under 18 or do not reach lawful age.

Activities in International Area

Half of the world population is children and they are the one most need to economic, physical, psychological, and social protection. However, in this system, they are exposed to exploitation, pressure and violence although they have no power to resist them. In the beginning of the 20th century, issue of protection of children and children rights started to be negotiated in international conferences. After the First World War considering the situation of children in the world Children Help Association was established in Geneva in 1920. After a year, Child Protection Association was established. After the First World War, in order to provide international peace and security League of Nations was established and after the Second World War, United Nation was established for the same aim. League of Nations was the first to take a step against the children trade. In December 1950, United Nations High Commissioner for Refugees was established by UN Secretary-General and its task was the organizing movements with the aim of refugees and to solve the problems of refugee in the world. This organization tries to guarantee the asylum request, voluntary repatriation, and local integration of refugees.  After the refugee organization, United Nations put an emphasis on children rights against the any kind of exploitation by preparing United Nations Declaration of Children Rights with the consideration of children slavery, lack of education, early marriage, statelessness, children trade etc. This declaration was accepted in May, 29, 1959 with the seventy votes and after the acceptance this day started to be celebrated as “children’s day.”  This declaration includes 10 main principles and it is important for the welfare of the children. However, this declaration did not succeed on the issue of protection of children’s right; therefore, “Convention on the Rights of the Children” was signed by 197 states in 1989 and went into operation in September, 2, 1989. Unlike the declaration, this convention includes 45 articles and the first one is about the definition of child. Second one is about the discrimination and this article banned the discrimination of children regarding the race, religion, language or sex. The aim of the convention is to emphasize the importance and benefits of children above everything. After the acceptance of convention, a summit was organized in September, 30, 1990 in order to determine and show the implementation of policies on the issue of children’s right. In this summit, the goals were determined on the development, protection and life of children and states were demanded policy plans on these subjects. For the review of plans and implementation, United Nations Committee of Right of Children was also established.

United Nations General Assembly also established UNESCO in order to develop social services and protect the peace and security in November, 16, 1946. Center of this institution is in Paris. Moreover, General Assembly moved 5 important issues to their agenda which are the compulsory free education, development of primary education, reducing the discrimination about racism, encouraging interaction between the culture of West and East, development of scientific research in order to protect welfare of the children. For realizing these aims, UN General Assembly provided funds so UNESCO has an advantage of performing big projects.  Another institution is UNICEF and this institution also helps children on the issues of protection of basic rights, providing basic needs, providing opportunities for their development. ILO was also established in 1919 for needs of justice by United Nations. It is funded by the fees of member states and its aim is to mediate between the government, employers and employees.

Refugee Children

Article 22 of Convention of Rights of Children states that:

1. States parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied  or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in present convention and in other international human rights or humanitarian instruments to which the said states are parties.

2. For this purpose, states parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations cooperating with UN protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his/her family. In case where no parents or other members of family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present convention.  

Article 22 states humanitarian aid to children including the appropriate protection of children and following their parents. The convention of 1951 made an international definition of “refugee”.  In general, people who have to stay abroad or cannot return their home country because of the discrimination of race, religion or political view are defined as refugee. In this context, the children or adults who are in such situation cannot be forced to return home or another country which forced them to return. However, this definition remained limited time to time like the situation of illness and with the increasing of pressure over the countries, restrictions also increased.

Commission has taken a decision that all the rights of children will be explained to them, especially to children who cannot express their situation.

Refugee children are the most defenseless people in the world and the protection of these children is both legal and moral obligation of countries no matter how pressure exists over country. In this context, Committee interpreted the Hong Kong’s refugee policy like this:

“The Treatment to Vietnamese children in Hong Kong’s refugee camps gives committee worry. According to Committee, these children exposed such a treatment because not wanting to anybody else to come to camp. We accept the complexity of the situation but this treatment violates the convention. Committee suggests the evaluation of the situation of children in camps and taking lessons the today and past policy implemented. Another suggestion is to find a solution for these children in accordance to principles of convention.”  In short, the view of the committee is that conditions of camps must be improved and the situation must be fixed.

According to UNHCR, children who want to gain status of refugee and do not have any family member have some rights of protection and care. Therefore, the application of children must be priority by considering the situation of these children. The interviews must be done with the experts of this issue and finalized as soon as possible.  

The applications made by children who has no any family member seen as equal as the other applications on this issue but the children in such position cannot be returned their home and state have to protect them. For example, because of the war in their country, there are some children refugees in Norway and in Oslo University established special psycho-social institution in order to adaptation of children.  

The freedom of refugee children must be taken as a last resort and for a short time. Convention of United Nations also includes this decision and implementation and treatment must not violate the convention. For example, Committee gave a suggestion to Sweden like this:

“In the context of refugee law, the alternatives which prevent the restriction of freedom of children should be evaluated”

“Committee is worried about the reaching of children to education and health services and suggests that the necessary measures should be taken especially in the issue of health and social rehabilitation.”

In short, for the refugee children, host states have a lot of responsibilities like the protection of children, providing health, education and social services, providing family environment to children etc. and children in such position should be given priority. UN Committee performs a work and suggests countries to take necessary measures for the children.

Child Labor

Child labor is a problem for all underdeveloped and industrially developed countries. Children exposed to economic exploitation in the world. However, the kinds of exploitation differ from country to country like the child labor in industrial area or child labor as agricultural labor. The main reason of this is poverty and children are employed as a cheap labor. Child labor mostly results from the structural problems of the country. However, of course there are other reasons of this. Another one is the preferences of companies because of the cheap labor and the unrecorded labor. Children are generally employed small firms because of the lack of supervision in such companies.

Child labor is significant problem in the world and seen in all the countries. The impact of this problem to children both seen in the social, health, moral development of children. In this issue, Article 32 of Convention states that:

1. State parties recognize the right of children to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or a harmful to child’s health or physical, mental, spiritual, moral and social development.

2. State parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, states parties shall in particular;

a. Provide for a minimum age or minimum ages for admission to employment.

b. Provide for appropriate regulation of hours and conditions of employment.

c. Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

Other institution which performs studies on this issue is ILO. ILO Convention is the most important document on the age restriction. ILO has 3 principles on this issue. Repression, Retreat and Protection. Repression means preventing children from the dangerous work by determining the potential of children. Moreover, direction of children in such position to education is also important. Retreat means observing against the possibility of return of children to working area. Protection means the improvement of conditions in working area for the working age children.  

According to statistic department of ILO, there are 120 million children between 5 and 14 as an employee. Children are employed as a slave and are sold in return for money especially in the sector of carpet business, glass industry and prostitution. For the commercial purpose children are exposed to sexual exploitation and sold from country to country. The priorities of ILO are prostitution, dangerous business, working in industrial area and employees under 10.

ILO put emphasis especially on not distinguishing the child labor.  The rate of child labor depends on the GPS of that country. However, there is not easy solution to this problem because of the existence of a lot of poor family. For example, in Pakistan, poor families tend to work all family members and they create labor force for woman and the children.  There are 8 million children who work and do not go to school. Therefore, government in Pakistan made arrangements in working age between 15 and 18. However, because of the poverty, the rate of child labor continues to increase. By making collaboration with UNICEF, government tried to reduce this rate by establishing some educational and social centers for children. Same situation is valid for most country like Sri Lanka.  Under these circumstances, Committee suggest to call for help to ILO but Committee is also worried about the inadequate help of organizations. For example, Committee is worried about the direction to the gap between the age of compulsory education and working age children to leaving the school. Moreover, it also worried for the protection of children in agricultural sector and house working.

In addition, Committee of Rights of Children put emphasis on the child pornography, prostitution of children and established voluntary protocol to take necessary measures on this issue. For example, UNICEF with the local organizations prepared a campaign to prevent the kidnapping of girls in Nepal to India and worked with security forces and lawyers to ensure the implementation of punishments. The program aims to intervention to area where suffers from this problem. On this issue, there are measures also taken in European Parliament like preventing the spread of child pornography on internet, creating a movement plan for children, creating a statistical data on rights of children since 2007, provide the participation of children to decision-making mechanism.

To sum up, rights of children, exploitation of child labor was at world’s agenda in 1990s. United Nations with the ILO firstly examined the reasons of child labor and determined this as “poverty.”  I think, this problem cannot be solved without the elimination of poverty in the world; however, with the appropriate studies applying by international organizations rate of child labor should be reduced all the way.

References

Ballar, S. (1997). Çocuk Hakları . İstanbul : Beta .

Çocukları Suç ve Suçlulardan Koruma Vakfı. (2002). Çocuk İstismari ve Önlemleri Konulu Panel . Vakıf Yayını.

TBMM Araştıma Komisyonu . (2006). Töre ve Namus Cinayetleri ile Kadınlara ve Çocuklara Yönelik Şiddetin Sebeplerinin Araştırılarak Alınması Gereken Önlemlerin Belirlenmesi . Ankara: Can Ofset .

UNICEF. (2000). Çocuk Hakları Sözleşmesi . Türkiye Cumhuriyeti Uygulama Denetim Listesi . Ankara.

  

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