INTRODUCTION

Children's rights are the human rights of children with particular attention to the rights of

special protection and care afforded to minors. This includes their right to association with both

parents, human identity as well as the basic needs for food, universal state-paid education,

health care and criminal laws appropriate for the age and development of the child, equal

protection of the child's civil rights, and freedom from discrimination on the basis of the child's

race, gender, sexual orientation, gender identity, national origin, religion, disability, color,

ethnicity, or other characteristics. Interpretations of children's rights range from allowing

children the capacity for autonomous action to the enforcement of children being physically,

mentally and emotionally free from abuse, though what constitutes "abuse" is a matter of

debate. Other definitions include the rights to care and nurturing1.

A child is any human being below the age of eighteen years, unless under the law applicable

to the child, majority is attained earlier. The term "child" often, but does not necessarily, mean

minor, but can include adult children as well as adult nondependent children. There are no

definitions of other terms used to describe young people such as "adolescents", "teenagers," or

"youth" in international law, but the children's rights movement is considered distinct from the

youth rights movement.

As minors by law, children do not have autonomy or the right to make decisions on their own

for themselves in any known jurisdiction of the world. Instead their adult caregivers, including

parents, social workers, teachers, youth workers, and others, are vested with that authority,

depending on the circumstances. Some believe that this state of affairs gives children

insufficient control over their own lives and causes them to be vulnerable. Louis Althusser has

gone so far as to describe this legal machinery, as it applies to children, as "repressive state

apparatuses"2.

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In every society, there are traditions and groups that oppose advocacy of children‘s rights.

Sometimes, broad changes in society can threaten their rights. How are governments failing

children or failing to implement effectively the Convention on the Rights of the Child? Often

it is a failure to give children a high priority. Political leaders, politicians and government

officials may not demonstrate understanding of the state of children‘s lives or show

commitment to realising children‘s rights. For example, children are often not considered in

government policy-making.

The Convention on the Rights of the Child (CRC), adopted by the United Nations in 1989

provides an internationally agreed framework of minimum standards for the well-being of the

child and to which every child is entitled. The CRC established for the first time that all children

from birth to age of 18 have specific rights. All countries have ratified the CRC except the

United States of America and Somalia making it the most widely ratified human rights treaty

in history.

Globally, ratification of the CRC is a key step forward and has been a real opportunity for

public scrutiny of government performance and for a deliberate effort to work towards the

fulfilment of children’s rights. In ratifying, the governments voluntarily accept the obligations

set out in the CRC and hold themselves accountable for their success or failure in performing

them. The fulfilment of children’s rights passes from being an act of charity, an option or a

favour and becomes a responsibility of government.

According to a number of reports (Woll, L. 1999; UNICEF, 2001; Girtsen, A. 2002; UNICEF,

2006 and UNICEF, 2007), the CRC has been a major catalyst to development of children’s

rights movement across the world. This is because the CRC has provided a shared vision of the

fulfilment of children’s rights that has found acceptance in both the developed and less

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developed worlds, in regions with very difficult historical and cultural traditions and even

among groups of people who have thought of themselves as having little in common.3

The CRC reinforces fundamental human dignity, highlights and defends the family’s role in

children’s lives, seeks respect for children, as well as establishing clear obligations for the State

to assist and facilitate parents to exercise their responsibility for the child’s upbringing. The

State has the responsibility to complement the efforts of parents and other caregivers on behalf

of children, notably by providing certain services that can most effectively and equitably be

delivered by the public sector. The State has the obligation to assist parents and other caregivers

who are unable to provide adequate care and support to their children, and to intervene, in the

best interest of the child, where she or he is a victim of abuse or exploitation. In this regard, the

State must take all appropriate legislative and administrative measures.

According to Save the Children Alliance (1999), Sinclair, T.A. (2000) and UNICEF, (2000),

the diversity of legislative and administrative systems across the world, combined with the

unprecedented demands of the CRC, have meant that governments have had a few examples

of good practice from which to learn. The result has been slow but definite progress in adjusting

legislative and administrative structures that would almost certainly never have occurred

without the existence of the CRC.4

According to UNICEF (2007), half of the world’s poor are children and as populations grow,

there are more children living in poverty than ever before in history. These children grow up

without access to different types of resources (i.e. economic, social, physical, environmental

and political resources) that are vital for their wellbeing and for them to fulfill their potential.

The basic indicators for child survival, development, protection and participation have been

deteriorating5.

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Each year in the world, millions of children less than five years of age die from easily

preventable diseases and millions of others are ill because of unsafe drinking water and poor

sanitation. Malnutrition is associated with the death of over half of the 12 million children

under five who die every year. In developing countries a third of all children under five are

stunted and one in four are underweight (WHO, 2000). They fall sick and are robbed of any

chance of fulfilling their physical or mental potential.

More than 2 million children aged 14 years or younger were living with HIV in 2005. It is

predicted that the number of children who have lost one or both parents due to AIDS will rise

to 15.7 million by 2010. At that point, around 12.0 percent of all children in Sub-Saharan

African countries will be orphans due to all causes, with one quarter of these orphaned by

AIDS. The dramatic increase in infection among young women heightens the risk of infection

among children. Infants become infected through their mothers during pregnancy, child birth

or breastfeeding (UNICEF 2007)6.

In regard to development rights of children, whereas, access to education has increased

dramatically over the past years with enrolment growing from 40.0 percent in all regions to

86.0 percent, world over millions of children of primary school age are not in school, and

efforts to achieve universal primary education by 2015 are likely to fail especially in Sub-

Saharan Africa, the Middle East and South Asia where performance is lagging behind. For

those children that do attend school, they are often offered desperately poor quality education.

Girls, children with disabilities, children from minority ethnic groups and other marginalized

populations face enormous obstacles to their development rights because of discrimination.

It is evident that missing out on primary and secondary education deprives the girl of the

opportunity to develop her full potential. Research has shown that educated women are less

likely to die in child birth and are more likely to send their children to school.

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Evidence also indicates that under five mortality rate falls by about half for mothers with

primary school education. It strengthens women’s bargaining power within households and is

a crucial factor in providing opportunities for women’s economic and political participation

(UNICEF, 2007)7.

While most governments have focused on improving survival and development indicators for

children, little attention has been given to the protection and participation rights.

The global scandal of violence against children is a horror story too often untold. In its

investigations of human rights abuses against children, Human Rights Watch, (2005) found

that in every region of the world, in almost every aspect of their lives, children are subjected to

physical, psychological abuse and injury, neglect or negligent treatment, exploitation and

sexual abuse, most often perpetrated by the very individuals charged with their safety and

wellbeing. Millions are forced to become soldiers, or languish in orphanages or detention

centres where they endure inhuman conditions and daily assaults on their dignity.

According to a WHO (2002) study, 150 million girls and 73 million boys under the age of 18

in the World experienced forced sexual intercourse or other forms of physical and sexual

violence in 2002. The absence of a minimum age for sexual consent and marriage exposes

children to partner violence in some countries. As estimated 1.8 million children are involved

in commercial sex work and many are forced into it by being sold into sexual slavery by their

desperately poor families or abducted and trafficked into brothels or other exploitative

environments8.

Children in particular the girl child are exposed to early marriages and premature parenthood.

It is estimated that, globally 36 percent of women aged 20-24 were married or in union before

they reached their 18th birth day, most commonly in South Asia and Sub-Saharan Africa.

Parents may consent to child marriages out of economic necessity, or because they believe

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marriage will protect girls from sexual assault and pregnancy outside marriage, extend girl’s

child bearing years or ensure obedience to their husband’s household. Research shows that

girls under 15 years of age are five times more likely to die during pregnancy and child birth

than women in their twenties and the baby’s chances of dying in the first year of life is 60.0

percent greater than that of a baby born to a mother older than 19 and even if a child survives,

he or she is more likely to suffer from low birth weight, malnutrition and late physical and

cognitive development (UNICEF, 2007).

In every year, as many as 275 million children worldwide become caught in the crossfire of

domestic violence and suffer the full consequences of a turbulent home life. Children who

survive abuse often suffer long-term physical and psychological damage that impairs their

ability to learn and socialize, and makes it difficult for them to perform well in school and

develop close and positive friends.

Children have been increasingly caught up in the market for labour. An estimated two hundred

and fifty million (250m) children are working worldwide, often in dangerous and exploitative

conditions. As well as their traditional involvement in agriculture and domestic work. In the

worst cases, their bodies are trafficked between countries as part of a growing trade in child

sex workers. Sub-Saharan Africa has the highest child labour rate with 41.0 percent of the

children under age 14, approximately 80 million, are working. This number is almost twice the

Asian rate. Poverty appears to be the major reason for child labour because countries in which

a large share of children are working are, on average, poor countries and majority of these

children do not attend school (World Bank, 2001a)9

According to Nandana, R. (2004), never have children been so grossly denied their right to

self-determination and identify as in this millennium. Children have the knowledge and skills

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to participate actively in all aspects relating to their lives, and yet, they have been consistently

left out of and excluded from decision making processes that will affect them.10

Caste (a type of class system linked to Hindu religion) is one example of how children are

consistently excluded from social, economic and political realms. According to Human Rights

Watch (2001), “the caste system is an obstacle to children’s human rights.” Caste is decided

by birth and can’t be changed. People born in the high caste are allowed to do the best jobs the

lower castes get the dirtiest and worst jobs. Lower castes are disproportionately affected and in

almost every case, children are those who are affected the most adversely. Children are

discriminated against on the basis of caste.

Restrictions are placed on children in the name of caste, in terms of behavior, choice of

professions, societal ‘dos’ and ‘don’ts’, and the possibilities in life. Children must also contend

with stereotyping that is associated with their caste, as well as between the castes.

Globally, ratification of the CRC is a key step forward and has been a real opportunity for

public scrutiny of government performance and for a deliberate effort to work towards the

fulfilment of children’s rights. In ratifying, the governments voluntarily accept the obligations

set out in the CRC and hold themselves accountable for their success or failure in performing

them. The fulfilment of children’s rights passes from being an act of charity, an option or a

favour and becomes a responsibility of government.

With specific reference to the African child, the African Charter on the rights and welfare of

the child adopted in 1990 by 26 heads of States, recognises that human rights are paramount

and reinforces the African Charter on Human and People’s Rights which recognises that

everyone (including children) is entitled to all the rights and freedoms recognised and

guaranteed therein without distinction of any kind such as race, ethnic group, colour, sex,

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language, religion, political or any other opinion, national and social origin, fortune, birth or

other status.

A number of African countries for example Ethiopia, Zimbabwe and Ghana have undertaken

comprehensive reviews of the domestic legislation to ensure conformity with the CRC and the

African Charter on the Rights and Welfare of the Child. These governments have established

independent bodies as watchdogs of children’s rights with the aim of promoting respect for

children’s rights within government to increase public and official awareness of children’s

rights and to provide a means for children’s voices to be heard on issues that affect them.

The other kind of institutional change has been the development of central co-ordinating

mechanisms or bodies within government to maintain an overview of policy towards children.

Examples include the National Commission on children in Ghana.

However, it is difficult to believe that adequate steps have been taken to ensure rights are a

reality for children and no country in the world has yet fulfilled the rights of the child set out

in the CRC and all countries rich or poor, East or West have much more to do.

The global scandal of violence against children is a horror story too often untold. In its

investigations of human rights abuses against children, Human Rights Watch, (2005) found

that in every region of the world, in almost every aspect of their lives, children are subjected to

physical, psychological abuse and injury, neglect or negligent treatment, exploitation and

sexual abuse, most often perpetrated by the very individuals charged with their safety and

wellbeing. Millions are forced to become soldiers, or languish in orphanages or detention

centres where they endure inhuman conditions and daily assaults on their dignity.

Uganda like in most African countries children’s rights go hand in hand with responsibilities

towards their families, society, country and the international community. According to their

age and ability, children have a duty to work for the cohesion of the family, to respect his/her

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parents, elders, and other children. Children have a responsibility to use their abilities for the

benefit of the community. Preserve and strengthen African cultural values in his/her relations

with other members of the society in the spirit of tolerance, dialogue and consultation and

contribute to the moral wellbeing of the society.

Children have the responsibility to preserve and strengthen the independence, national unity

and integrity of his/her country and to contribute to the best of his/her abilities at all times and

all levels, to the promotion and achievement of African Unity.

Although much has been done to develop a legal framework and the systems, through which

the rights of the child can be implemented, only limited implementation has been possible

primarily due to lack of resources and structural bottlenecks. The rights that exist on paper have

yet to be translated into tangible benefits for children in order to become meaningful. Whereas

the Children Act is an important piece of legislation covering many of the issues which matter

to children and has contributed to a growing awareness in Uganda that children have rights,

implementation has lagged behind.

In many countries in the world today, the way in which children are treated has begun to

undergo a significant change over the last decade. UNICEF has made specific commitments to

incorporate a child rights-based approach as an integral component of the world’s development

focus.

UNICEF promotes the rights and wellbeing of every child. The institution together with theirs

partners work in 190 countries and territories to translate that commitment into practical action,

focusing special effort on reaching the most vulnerable and excluded children, to the benefit of

all children, everywhere.

In all of its work, UNICEF takes a life-cycle based approach, recognizing the particular

importance of early childhood development and adolescence. UNICEF programmes focus on

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the most disadvantaged children, including those living in fragile contexts, those with

disabilities, those who are affected by rapid urbanization and those affected by environmental

degradation.

UNICEF was created with a distinct purpose in mind: to work with others to overcome the

obstacles that poverty, violence, disease and discrimination place in a child’s path. The

institution advocate for measures to give children the best start in life, because proper care at

the youngest age forms the strongest foundation for a person’s future.

UNICEF involve everyone in creating protective environments for children. The institution is

always present to relieve suffering during emergencies, and wherever children are threatened,

because no child should be exposed to violence, abuse or exploitation.

UNICEF upholds the Convention on the Rights of the Child. They work to assure equality for

those who are discriminated against, girls and women in particular. UNICEF work for the

Millennium Development Goals and for the progress promised in the United Nations Charter.

They strive for peace and security. They work to hold everyone accountable to the promises

made for children. UNICEF promote girls’ education they ensure that female children complete

primary education as a minimum, because it benefits all children, both girls and boys. Girls

who are educated grow up to become better thinkers, better citizens, and better parents to their

own children11.

AIMS AND OBJECTIVES

The main aim of the study is to examine the role of UNICEF in upholding child rights. The

objectives are

 To gain an understanding from a literature study of what children's rights entail.

 To explore how UNICEF implement children's rights.

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  To x-ray success’s in upholding child rights

 To examine the factors mitigating UNICEF roles on fulfilment of child rights.

SCOPE OF STUDY

The study shall discuss the role of UNICEF in upholding child right in relation to fulfilment of

child rights to survival (right to proper feeding, nutrition, life before and after birth, clothing,

descent shelter, health and medical care, safe water and good sanitation), development (right

to education, access to information, play and leisure, parental love and care), protection (right

to protection against mistreatment, abuse, neglect, exploitation, discrimination, harmful

situations and practices) and participation (includes right to participation matters affecting their

lives, freedom of expression, thinking for themselves, decision making and taking action).

This research work shall essentially be limited to the United Nation Children’s Fund (UNICEF)

role of upholding the child right in Africa, her aim and objective and factors that is mitigating

her role of upholding the child right. This study shall cover the period of 1980 to 2012

METHODOLOGY

This research shall adopt a two way analysis. It shall be using the primary and the secondary

source of data collections and analysis. The primary and secondary sources shall rely heavily

on journals, books, magazines, published work and other media materials of day to day

research.

LITERATURE REVIEW

Books are the major important tool in any research work; it is therefore interactive that

literature pertaining the work shall be consulted. The work will presents related literature on

child rights.

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David Archard and Colin M. Macleod in their work, The Moral and Political Status of Children

is relevant to this work because the book contains original essays by distinguished moral and

political philosophers on the topic of the moral and political status of children. It covers the

themes of children's rights, parental rights and duties, the family and justice, and civic

education.

Lawrence J. LeBlanc in his book, The Convention on the Rights of the Child: United Nations

Lawmaking on Human Rights, is relevant to this work because Lawrence J. LeBlanc provides

a historical overview of the origins of the CRC and children's rights work, places the issues

and problems into the broader perspective of the United Nations law-making process, provides

an in-depth analysis of the children's rights enumerated in the treaty, and projects the prospects

for effective implementation of the CRC. He outlines why the convention comes at the best

possible time and how it represents the single most important international document on

children's rights. With the CRC's broad ratification, its political significance continues to grow.

Close cooperation among the UN monitoring committee, UNICEF and other UN agencies, and

nongovernmental organizations make it difficult for governments to ignore their pledges.

Although the conditions under which many of the world's children are living give rise to

legitimate concern about the CRC's real impact, LeBlanc demonstrates that our greatest hope

comes from working to reduce the thin line between commitment and cliché.

Arlene Bowers Andrews and Natalie Hevener Kaufman in their book, implementing the U.N.

Convention on the Rights of the Child: A Standard of Living Adequate for Development, in this

book, an international, interdisciplinary group of distinguished authors discuss issues affecting

families, communities, and governments as they seek to secure "the right of every child to a

standard of living adequate for the child's physical, mental, spiritual, moral, and social

development."

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Reyes, Elba I., in his work Parents, Families, and Communities Ensuring Children's Rights

History demonstrates that laws and legislation aimed at providing services to children with

disabilities were preceded by civil action and landmark court cases that aroused national public

concern. During the 1950s and l960s, parents learned from the models of social activism how

to organize into interest groups. They learned how to inform the community and the general

public of needed reforms in the public educational system regarding education for children

with special needs. Meeting in community agency buildings, churches, and even their own

homes, parents organized and conducted classes to teach other parents (and anyone who was

interested) about their rights, their children's rights, and how to assure that public policy would

safeguard those rights (Turnbull and Turnbull 1997). Parent-to-parent training went beyond

issues of how to take care of their children. They also learned about the need for laws to protect

other basic human rights. Some of these initial informal groups became formal, well-respected

organizations. For example, in 1950 parents from across the country established the National

Association of Parents and Friends of Mentally Retarded Children, now known as The ARC,

one of this country s most powerful advocacy groups. Parents' united efforts have resulted in

landmark court cases that have helped shape the intent and focus of legislation regarding

children's and parents' rights. This article will be of relevance to this work.

According to Bukokhe, J, Understanding Child Poverty in Uganda. Save the Children (2002),

he reveals that children from poor households emphasized sleeping on the floor, and having

nothing to cover themselves with at night. They were concerned about overcrowding due to

large families and lack of privacy. The home environment with no descent shelter fails to

provide stimulation for children. In the study children and adults gave vivid examples of the

ill-treatment and shame that comes from lack of descent shelter. In a related study by Witter,

S. (2002), lack of washing facilities, soap and descent clothing were seen as important for the

self-esteem of poor children12.

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According to Kristin, et al, Right angle: Pushing boundaries – Disabled young people speak

out (2001), Clacherty, et al, How do children with disabilities experience poverty, disability

and service delivery. A report on participatory workshops. Cape Town South Africa. (2004)

and MoGLD (2006), reveals that the situation for children with disabilities is worse. A small

2.0 per cent of all disabled children in developing countries get an education. Many parents

simply can’t afford to send their children to school. If they have to make difficult choices about

who to send to school, children with disabilities especially the girls come at the bottom of the

list. In some cultures disability is seen as something shameful which is best kept hidden at

home.13

Hasanbegovic, C, Children and Gender based violence. An overview of existing conceptual

frameworks (2003) in his work, said that almost one million boys and girls in Asia spend each

night providing sexual services for adults. Most of these children are coerced, kidnapped or

sold into this multi-billion dollar industry. In India, the sexual exploitation of children is

increasing at an alarming rate in city slums, according to child rights activists. A survey by the

Dehli based Joint Women’s Programme found that up to 12.0 percent of children living in the

shanty towns of India’s cities were being exploited. It found that a vast majority of the children

were being tricked into prostitution by contractors, who bring them from villages on the

promise of good jobs in the city. The survey found that, although girls were more vulnerable,

young boys were also at risk14.

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CHAPTERLIZATION

Chapter one

Convention on the right of the child

Chapter two

The Evolution of UNICEF, Goals, (Aims and Objectives).

Chapter three

The Role of UNICEF in Upholding Child Right in Africa.

Chapter four

Success of UNICEF in promoting child right.

CONCLUSION

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 ENDNOTES

1
Bandman, B, Children's Right to Freedom, Care, and Enlightenment. Routledge. 1999 p 67
2
Lansdown, G., "Children's rights," in B. Mayall (ed.) Children's childhood: Observed and

experienced. London: The Falmer Press. 1994, p 33

Stockholm 1999, p.12

Lewis and G. Lindsay (eds), researching children’s perspectives, Buckingham: Open

University Press 2000, p. 5

dividend of Gender Equity. New York, 2007

Geneva, 2002
9
World Bank (2001a): Issues in Child Labour in Africa: Africa Region Human Development

Working Paper series. Washington, D.C. USA, 2001, p. 8

India 2004, p.17

Uganda, 2002.
13
Kristin et al, Right angle: Pushing boundaries – Disabled young people speak out. London,

UK. 2001

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14
Hasanbegovic, C, Children and Gender based violence. An overview of existing conceptual

frameworks. London, UK. 2003

17