28.09.2021. » 11:06


OP-ED Children and their rights - Miroslav Markovic



Children represent a particularly vulnerable and specific category, hence the usual human rights protection mechanisms are not enough for their protection. Under the concept of the rights of the child, we consider the rights that are human in nature and that every child has, regardless of the country it lives in or the political, cultural, and economic environment in which it develops. 

op-ed-children-and-their-rights-miroslav-markovic

Children represent a particularly vulnerable and specific category, hence the usual human rights protection mechanisms are not enough for their protection. Under the concept of the rights of the child, we consider the rights that are human in nature and that every child has, regardless of the country it lives in or the political, cultural, and economic environment in which it develops. 

The rights of the child are a fact, a reality that has been recognized by international law. The Convention on the Rights of the Child is one of the key civilizational documents on which many protection systems of child's rights are based. The most important and authoritative document in the field of child's rights at the international level is the 1989 Convention on the Rights of the Child, which has been ratified by 195 states so far.

The Convention contains a catalog of the rights of the child. The rights of the child are interrelated and performed in the light of the realization of the basic principles of the Convention:

  • the right to life, survival, and development,
  • the best interests of the child,
  • the right to participate,
  • the right to non-discrimination.

By including the main economic, social, cultural, political, and civil rights in the set of rights that are guaranteed to children, the Convention on the Rights of the Child with its comprehensiveness provides a picture of the child that coincides with the new concept of the child, that is, childhood. The Convention opposes the traditional understanding of the child as an emerging being, an immature, incompetent, and incomplete future adult. Children should be seen as active participants in constructing and determining their own social life, the lives of the people around them, and the society in which they live.

We show our true colors when dealing with children. The same applies to adults, societies, and countries as well. There is no period in which children have not been abused and exploited. It represents a particularly serious violation of human rights. Experience shows that innocent children are exposed to difficult situations and destinies.

It is the responsibility of all countries to protect children from any form of harm, given that their development possibilities are still in progress. Every child has the inherent right to life, the right to physical, mental, spiritual, moral, and social development, the right to education, which will aim at developing the child's personality, talents, and mental and physical abilities, and the country should ensure their survival and development.

The country should listen and take into consideration what children have to say, give them space to express their opinion, and, taking into account their age and developmental abilities, enable them to participate in the decision-making process on matters that concern them.

The rights of the child apply to all children without discrimination on any grounds. All rights should be given without any discrimination, regardless of the child's age, skin color, gender, language, religion, political or other beliefs, national, ethnic or social origin, property status, or another status of the child, his parent, or legal guardian. 

Children have the right to express themselves freely on all matters that affect them, and their views must have importance in accordance with their age and maturity. Countries and other relevant stakeholders should inform children about their rights, including their rights to participate, in a way they understand it and in a manner appropriate to their maturity and circumstances. Children should be informed about the mechanisms and services that provide adequate support, as well as procedures for filing complaints and obtaining legal remedies or legal protection in case of violation of their rights. Such information should also be available to their parents or guardians to enable them to support children in fulfilling their rights. 

States and other relevant stakeholders should actively engage children to substantially participate in the design, implementation, and evaluation of legislation, policies, mechanisms, practices, technologies, and resources aimed at respecting, protecting, and fulfilling the rights of the child.

We are all witnesses to the violation and endangerment of child's rights, but this brings up the question of how long we will close our eyes and ears and pretend not to notice something so visible everywhere around us. We cannot make them good and honest people by jeopardizing their rights, because in that way, we create a bad and unhealthy society with an uncertain future.

Someone said that violence begets violence. We certainly don't want that for our children. We need to create them more beautiful, colorful world, which is not an easy thing to do nowadays, bearing in mind that television shows, and what is even worse, cartoons, serve as an example of highly violent behavior, which is also in some way violation of child's rights. Teachers in schools physically punish children, and parents also use it as an educational measure. If we really want to protect children and their physical and psychological integrity, we must not only condemn this type of behavior but also prevent all types of violence against children by law. Unfortunately, most cases of violence against children remain unrevealed due to the fear of the children talking about it.

In addition to these basic rights, children have many other important rights provided to protect their integrity and their best interests.

Special attention should be given to children belonging to ethnic minorities. The average child belonging to such a minority often has no right to education, no basic upbringing, and is exposed to severe social discrimination, as well as isolation from most social activities. The child is also subjected to hard physical work, which often causes a lack of educational interest.

Another problem occurs when there are children that have a different religious background in an environment dominated by one religion. Such children are also often exposed to discrimination, violation of physical and personal integrity, peer violence, and many others.

Why are the child's rights prescribed by the convention not respected? Basic human rights? Why not just start from the individual, from ourselves? We can expect positive changes only when everyone changes their attitude towards these children and children in general! Of course, the country should be the first to react and decisively sanction any kind of threat to constitutional rights, including the rights provided by the EU Convention. 

Once we realize that our children are truly our future, we can create a positive concept of living! Investing in children, in their rights, and especially in their education is investing in our own future. Children should be allowed to develop freely, regardless of possible differences!