Definition of the Child

Article: 1 Definition of the child
 
 
 
 
Yes
Yes But
No
 
General measures of implementation

Have appropriate general measures of implementation been taken in relation to article 1, including

  • identification and coordination of the responsible departments and agencies at all levels of government (definition of the child in article 1 is relevant to all government departments)? 
  • identification of relevant non-governmental organizations/civil society partners? 
  • a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction? 
  • adoption of a strategy to secure full implementation 
    • which includes where necessary the identification of goals and indicators of progress? 
    • which does not affect any provisions which are more conducive to the rights of the child? 
    • which recognizes other relevant international standards? 
    • which involves where necessary international cooperation?
(Such measures may be a part of an overall governmental strategy for implementing the Convention as a whole.)
  • budgetary analysis and allocation of necessary resources? 
  • development of mechanisms for monitoring and evaluation? 
  • making the implications of article 1 widely known to adults and children? 
  • development of appropriate training and awareness-raising (in relation to article 1 likely to include the training of all those working with or for children, and education for parenting)?
Specific issues in implementing article 1
  • Does the State define childhood for the purposes of the Convention as beginning 
    • at birth? 
    • for some purposes before birth?
  • Does a child acquire all adult rights by his or her 18th birthday or earlier?
Do all children acquire the right to vote and to stand for election
    • before 18? 
    • at 18?
Are protective minimum ages defined in legislation for the following :
    • beginning and end of compulsory education? 
    • admission to employment, including 
      • hazardous work? 
      • part-time work 
      • full-time work?
    • giving a valid consent to sexual activities? 
    • marriage? 
    • access to certain categories of violent/pornographic media? 
    • buying/consuming alcohol or other controlled substances? 
    • voluntary enlistment in the armed forces? 
    • conscription into the armed forces? 
    • participation in hostilities? 
    • criminal responsibility? 
    • deprivation of liberty in any situation, including in the juvenile justice system; immigration, including asylum-seeking; and in education, welfare and health institutions? 
    • capital punishment and life imprisonment?
  • Is any general principle established in legislation that once a child has acquired "sufficient understanding", he or she acquires certain rights of decision making? 
  • Are there mechanisms for assessing the capacity/competence of a child? 
  • Can a child appeal against such assessments? 
  • Are there other ways in which legislation respects the concept of the child’s "evolving capacities"? 
Do children acquire rights, either at prescribed ages, or in defined circumstances, for 
    • getting legal and medical counseling without parental consent? 
    • having medical treatment or surgery without parental consent? 
giving testimony in court 
    • in civil cases? 
    • in criminal cases?
    • leaving home without parental consent? 
    • choosing residence and contact arrangements when parents separate? 
    • acquiring a passport? 
    • lodging complaints and seeking redress before a court or other relevant authority without parental consent? 
    • participating in administrative and judicial proceedings affecting the child? 
    • giving consent to change of identity, including 
    • change of name? 
    • nationality? 
    • modification of family relations? 
    • adoption? 
    • guardianship? 
    • having access to information concerning his or her biological origins (e.g. in cases of adoption, artificial forms of conception, etc.)? 
    • having legal capacity to inherit? 
    • conducting property transactions? 
    • creating and joining associations? 
    • choosing a religion? 
    • choosing to attend/not attend religious education in school? 
    • joining a religious community?
  • Where such minimum ages are defined in legislation, have they been reviewed in the light of the Convention’s basic principles, in particular of non-discrimination, best interests of the child and right to maximum survival and development (articles 2, 3, and 6)? 
  • Do the legal provisions relating to the attainment of majority, acquisition of specific rights at a particular age or set minimum ages, as mentioned above, apply to all children without discrimination on any ground?
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