Human Rights& the Girl-Child
What are the Human Rights of the Girl-Child?
Human Rights are universal, and civil, political, economic, social and
cultural rights belong to all human beings, including children and young
people. Children and youth also enjoy certain human rights
specifically linked to their status as minors and to their need for
special care and protection. Girl-children are particularly vulnerable
to certain human rights violations, and therefore require additional
protections.
The human rights of children and the girl-child are explicitly set out
in the Convention on the Rights of the Child, the most widely ratified
human rights treaty in history. They are also contained in other human
rights documents including the Universal Declaration, the Covenants,
CEDAW, and other widely adhered to international human rights treaties
and Declarations.
The Human Rights at Issue
The human rights of children and the girl-child include the following indivisible, interdependent and interrelated human rights:
- The human right to freedom from discrimination based on gender,
age, race, colour, language, religion, ethnicity, or any other status,
or on the status of the child's parents.
- The human right to a standard of living adequate for a child's intellectual, physical, moral, and spiritual development.
- The human right to a healthy and safe environment.
- The human right to the highest possible standard of health and to equal access to health care.
- The human right to equal access to food and nutrition.
- The human right to life and to freedom from prenatal sex selection.
- The human right to freedom from cultural practices, customs
and traditions harmful to the child, including female genital
mutilation.
- The human right to education -- to free and compulsory
elementary education, to equal access to readily available forms of
secondary and higher education, and to freedom from all types of
discrimination at all levels of education.
- The human right to information about health, sexuality and reproduction.
- The human right to protection from all physical or mental abuse.
- The human right to protection from economic and sexual exploitation, prostitution, and trafficking.
- The human right to freedom from forced or early marriage.
- The human right to equal rights to inheritance.
- The human right to express an opinion about plans or decisions affecting the child's life.
Governments' Obligations to Ensuring the Human Rights of the Girl-Child:
What provisions of human right law guarantee the Human Rights of the Girl-Child?
Includes excerpts from the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention Against Discrimination in Education, and the ILO Minimum Age Convention (No. 38).
- "States Parties shall respect and ensure ... rights ... to each
child ... without discrimination of any kind, irrespective of the
child's or his or her parent's or legal guardian's race, colour, sex,
language, religion, political or other opinion, national, ethnic or
social origin, property, disability, birth or other status.... States
Parties shall ensure ... the survival and development of the child....
States Parties recognize the right of the child to the ... highest
attainable standard of health....; shall strive to ensure that no child
is deprived of his or her right of access to ... health care
services.... States Parties shall ... diminish infant and child
mortality; ... ensure the provision of ... health care to all
children.... States Parties shall take all effective ... measures with a
view to abolishing traditional practices prejudicial to the health of
children.... States Parties recognize the right of every child to a
standard of living adequate for the child's physical, mental, spiritual,
moral and social development.... States Parties ... shall take
appropriate measures to assist parents and others responsible for the
child to implement this right and shall in case of need provide material
assistance and support..., particularly with regard to nutrition,
clothing and housing.... States Parties recognize the right of the
child to education.... States Parties recognize the right of the child
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 to be harmful to the child's health or physical, mental,
spiritual, moral or social development.... States Parties undertake to
protect the child from all forms of sexual exploitation and sexual
abuse.... "
- -- Convention on the Rights of the Child, Articles 2, 6, 24, 27, 28, 32, and 34
- "States Parties condemn discrimination against women in all
its forms, agree ... to take all appropriate measures, including
legislation, to modify or abolish existing laws, ... customs and
practices which constitute discrimination against women.... States
Parties shall take all appropriate measures ... to modify the social and
cultural patterns of conduct of men and women, with a view to achieving
the elimination of prejudices and customary and all other practices
which are based on the idea of the inferiority or the superiority of
either of the sexes or on stereotyped roles for men and women....
States Parties shall ... eliminate discrimination against women ... in
the field of education...;... health care...."
- -- Convention on the Elimination of All Forms of Discrimination Against Women, Articles 2, 5, 10 and 12
- "Everyone has the right a standard of living adequate for
... health and well-being.... Motherhood and childhood are entitled to
special care and assistance. All children ... shall enjoy the same
social protection.... Everyone has the right to education...."
- -- Universal Declaration of Human Rights, Articles 25 and 26
- "The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.... Every
child shall have, without any discrimination as to race, colour, sex,
language, religion, national or social origin, property or birth, the
right to such measures of protection as are required by his status as a
minor, on the part of his family, society and the State. Every child
shall be registered immediately after birth and shall have a name.
Every child has the right to acquire a nationality."
- -- International Covenant on Civil and Political Rights, Articles 10, 23, and 24
- "The States Parties ... recognize that ... special measures
of protection and assistance should be taken on behalf of all children
and young persons without any discrimination for reasons of parentage or
other conditions. Children and young persons should be protected from
economic and social exploitation. Their employment in work harmful to
their morals or health or dangerous to life or likely to hamper their
normal development should be punishable by law.... States Parties ...
recognize the right of everyone to an adequate standard of living....;
to the ... highest attainable standard of physical and mental health....
The steps to be taken ... to achieve the full realization of this right
shall include those necessary for ... the reduction of the
stillbirth-rate and of infant mortality, and for the healthy development
of the child.... States Parties ... recognize the right of everyone to
education...."
- -- International Covenant on Economic, Social and Cultural Rights, Articles 10, 11, 12, and 13
- "The States Parties ... undertake ... to ... discontinue
any ... practices which involve discrimination in education....; to
formulate, develop and apply a national policy which ... will ......
promote equality of opportunity and of treatment in ... education and in
particular:...To make primary education free and compulsory; make
secondary education in its different forms available and accessible to
all; make higher education equally accessible to all on the basis of
individual capacity; assure compliance by all with the obligation to
attend school prescribed by law...; To encourage and intensify ... the
education of persons who have not received any primary education or who
have not completed the entire primary education...."
- -- Convention Against Discrimination in Education, Articles 3 and 4
- "Each Member... undertakes to pursue a national policy ...
to ensure the effective abolition of child labour and to raise
progressively the minimum age for admission to employment or work to a
level consistent with the fullest physical and mental development of
young persons.... The minimum age ... shall not be less than the age of
completion of compulsory schooling and, in any case, shall not be less
than 15 years.... The minimum age for admission to any type of
employment or work which by its nature or the circumstances in which it
is carried out is likely to jeopardize the health, safety or morals of
young persons shall not be less than 18 years...."
- -- ILO Minimum Age Convention (No. 38), Articles 1, 2, and 3
Governments' Commitments to Ensuring the Human Rights of the Girl-Child:
What commitments have governments made to ensuring the realization of the Human Rights of the Girl-Child?
Includes commitments made at the World Conference on Women in Beijing, the Earth Summit in Rio, the World Conference on Human Rights in Vienna, and excerpts from the Amman Affirmation.
- "We are determined to ... ensure the human rights of ... the girl
child as an inalienable, integral and indivisible part of all human
rights and fundamental freedoms....; ... ensure the full enjoyment by
... the girl child of all human rights ... and take effective action
against violations of these rights...."
- -- Beijing Declaration, paras. 9 and 23
- "Actions to be taken: ... Advance the goal of equal access
to education by taking measures to eliminate discrimination in education
at all levels on the basis of gender, race, language, national origin,
age or disability, or any other form of discrimination.... By the year
2000, provide universal access to basic education and ensure completion
of primary education by at least 80 per cent of primary school-age
children; close the gender gap in primary and secondary school education
by the year 2005; provide universal primary education in all countries
before the year 2015.... Reduce the female illiteracy rate to at least
half its 1990 level.... Set specific target dates for eliminating all
forms of child labour that are contrary to accepted international
standards and ensure the full enforcement of relevant existing laws and
... implement the Convention on the Rights of the Child and
International Labour Organization standards, ensuring the protection of
working children, ... street children, through the provision of
appropriate health, education and other social services.... Address the
acute problems of children ... by supporting efforts ... aimed at ...
the prevention and eradication of female infanticide, harmful child
labour, the sale of children and their organs, child prostitution, child
pornography and other forms of sexual abuse...."
- -- Beijing Platform for Action, paras. 80, 81, 175, and 230
- "... Each country should combat human rights abuses against
young people, particularly young women and girls, and should consider
providing all youth with legal protection, skills, opportunities and the
support necessary for them to fulfil their personal, economic and
social aspirations and potentials.... Children ... are highly
vulnerable to the effects of environmental degradation. .... The
specific interests of children need to be taken fully into account ...
in order to safeguard the future sustainability of any actions taken to
improve the environment...."
- -- Agenda 21, Chapter 25, paras. 8 and 12
- "National and international mechanisms and programmes
should be strengthened for the defence and protection of children, in
particular, the girl-child, abandoned children, street children,
economically and sexually exploited children, ... refugee and displaced
children.... The World Conference on Human Rights ... stresses that the
child for the full ... development of his or her personality should
grow up in a family environment which accordingly merits broader
protection.... The World Conference ... calls on States to integrate the
Convention [on the Rights of the Child] ... into their national action
plans.... Particular priority should be placed on reducing infant and
maternal mortality rates, reducing malnutrition and illiteracy rates and
providing access to safe drinking-water and to basic education....
Exploitation and abuse of children should be actively combated,
including by addressing their root causes. Effective measures are
required against female infanticide, harmful child labour, sale of
children and organs, child prostitution, child pornography, as well as
other forms of sexual abuse.... The World Conference ... supports all
measures ... to ensure the effective protection and promotion of human
rights of the girl child...; urges States to repeal existing laws and
regulations and remove customs and practices which discriminate against
and cause harm to the girl child."
- -- Vienna Declaration and Programme of Action, Part I, para. 21, and Part II, paras. 47, 48, and 49
- "Education is empowerment.... The priority of priorities
must continue to be the education of women and girls.... There can be no
enduring success in basic education until the gender gap is closed."
- -- The Amman Affirmation