1.1 The United Nations Convention on the Rights of the Child: from drafting to reception

Who proposed the Convention on the Rights of the Child and when?

Poland proposed it in 1978, aiming for adoption during the 1979 International Year of the Child.

What was the original proposal based on?

The 1959 Declaration of the Rights of the Child.

What type of rights did the original Polish draft mainly include?

Economic, social, and cultural rights—almost no civil or political rights.

Why was the original proposal criticized? (Name 3 reasons)

1) Limited scope—left out key issues (e.g. juvenile justice, children in armed conflict).

2) Outdated—ignored new human rights developments.

3) Vague language—not suitable for a legal treaty.

What did the UN Commission on Human Rights do in response to the criticisms?

Created an Open-ended Working Group to revise and redraft the Convention.

How were decisions made in the drafting process?

By consensus—no voting was allowed.

What was a drawback of consensus decision-making?

Some important topics (like early marriage) were excluded due to lack of agreement.

Why was progress initially slow?

States gave it low priority; sessions were held only once a year for a week.

What political factors affected drafting?

• Cold War tensions (East vs. West)

• North-South divide and underrepresentation of developing countries

When did NGOs become effective in the drafting process?

In 1983, after forming the NGO Ad Hoc Group. Their influence grew from 1984 onward.

What role did UNICEF play in the drafting?

Initially silent; began contributing substantively in 1986, supporting both NGOs and the process.

How was “child” defined in the Convention?

Under 18 years of age. The beginning of childhood was left open-ended.

Were fundamental freedoms included in the Convention?

Yes—freedoms like religion, expression, and association were reaffirmed.

How did the view on adoption change during drafting?

Shifted from facilitating adoption to ensuring the child's best interests and protection.

What age was set for children’s participation in armed conflict?

15 years (minimum age); later efforts raised this to 18 via an optional protocol in 2000.

What was the overall impact of NGOs on the final Convention?

Significant input into about 1/3 of articles and partial influence on another third.