General Measures of Implementation

Article: 4 Implementation of rights in the Convention
 
 
 
 
Yes
Yes But
No
 
General measures of implementation 

Article 4 sets on States Parties overall obligations to implement all the rights in the Convention.

  • Has there been a comprehensive review to consider what measures are appropriate for implementation of the Convention? 
  • Has there been a comprehensive review of all legislation, including any customary, regional or local law in the State, to ensure compatibility with the Convention?
Are the general principles identified by the Committee reflected in legislation:
  • Article 2: all rights to be recognized for each child in jurisdiction without discrimination on any ground? 
  • Article 3(1): the best interests of the child to be a primary consideration in all actions concerning children? 
  • Article 6: right to life and maximum possible survival and development? 
  • Article 12: respect for the child's views in all matters affecting the child; opportunity to be heard in any judicial or administrative proceedings affecting the child? 
  • Is it possible to invoke these principles before the courts? 
  • Is the Convention incorporated or self-executing in national law? 
  • Does the Convention take precedence over domestic law when there is a conflict? 
  • Does the Constitution reflect the principles of the Convention, with particular reference to children? 
  • Has a consolidated law on the rights of the child been developed? 
  • Is there a comprehensive national strategy for implementation of the Convention? 
  • Where there is a National Plan or Programme of Action for children, has implementation of all aspects of the Convention been integrated into it?
Has one (or more) permanent mechanism(s) of government been established
    • to ensure appropriate coordination of policy? 
    • between provinces/regions, etc.? 
    • between central government departments? 
    • between central and local government? 
    • between economic and social policies? 
    • to ensure effective evaluation of policy relating to children? 
    • to ensure effective monitoring of implementation?
  • Are such mechanisms directly linked to the institutions of governments that determine overall policy and budgets in the State? 
  • Is the principle that the best interests of the child should be a primary consideration formally adopted at all levels of policy-making and budgeting?
Is the proportion of the overall budget devoted to social expenditure adequate
    • nationally? 
    • regionally/at provincial level? 
    • locally?
Is the proportion of social expenditure devoted to children adequate
    • nationally? 
    • regionally/at provincial level? 
    • locally?
Are permanent arrangements established for budgetary analysis at national and other levels of government to ascertain
    • the proportion of overall budgets devoted to children? 
    • any disparities between regions, rural/urban, particular groups of children? 
    • the effects of structural readjustment, economic reforms and changes on 
      • all children? 
      • the most disadvantaged groups of children?
    • the proportion and amount received/given in relation to international cooperation to promote the rights of the child, and allocated to different sectors?
  • Do the arrangements for monitoring ensure a comprehensive, multidisciplinary assessment of the situation of all children in relation to implementation of the Convention? 
  • Is sufficient disaggregated data collected to enable evaluation of the implementation of the non-discrimination principle? 
  • Are there arrangements to ensure a child impact analysis during policy formulation and decision-making at all levels of government? 
  • Is there a regular report to Parliament on implementation of the Convention? 
  • Are parliamentary mechanisms established to ensure appropriate scrutiny and debate of matters relating to implementation? 
  • Is civil society involved in the process of implementation at all levels , including in particular 
    • appropriate non-governmental organizations (NGOs)? 
    • children themselves?
  • Is there a permanent mechanism for consulting on matters relating to implementation with appropriate NGOs and with children themselves? 
  • Has an independent office to promote the rights of children - ombudsman, commissioner - been established? 
    • Is its independence from government assured? 
    • Does it have appropriate legislative powers, e.g. of investigation?
      Go to the main page for article 4, Implementation

Jump to indicators for these articles:

Respect for existing standards (41)

Making convention widely known (42)

Reporting obligations (44)

To view indicators for other articles, click here.


 

Article: 41 Respect for existing human rights standards
 
 
 
 
Yes
Yes But
No
 
  • Has there been a review of national legislation to consider whether it includes or  could include provisions more conducive to the rights of the child than those of the convention? 
  • Has there been a review of applicable international law to consider whether it includes provisions more conducive to the rights of the child than those of the Convention?
      Go to the main page for article 41, Respect for existing standards (41)

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Implementation (4)

Making convention widely known (42)

Reporting obligations (44)

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 Article: 42 Making Convention widely known
 
 
 
 
Yes
Yes But
No
General Measures of Implementation

Have appropriate general measures of implementation been taken in relation to article 42, including

  • identification and coordination of the responsible departments and agencies at all levels of government (article 42 is relevant in particular to the departments of education, social welfare, justice, - but all departments should be involved)? 
  • identification of relevant non-governmental organisations/civil society partners? 
  • a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all jurisdiction? 
  • adoption of a strategy to secure full implementation? 
    • which includes where necessary the idea of identification of goals and indicators of practice? 
    • 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 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?
Specific issues in implementing article 42

Has the State taken active steps to make the provisions and principles of the Convention widely known throughout the population

    • to adults? 
    • to children? 
  • Has the Convention, and information about its implications, been translated into all languages in use throughout the jurisdiction and appropriately disseminated? 
  • Has the convention, and information about its implications , been disseminated in appropriate media for disabled children and adults?
Has the Convention and information about its implications been incorporated into the curriculum of 
    • all schools? 
    • all other educational institutions?
training courses - both initial and in-service – for those working with or for children, including 
    • judges? 
    • lawyers? 
    • law enforcement officials? 
    • personnel in detention/correctional facilities? 
    • immigration officers? 
    • mlitary personnel and United Nations peacekeeping forces? 
    • teachers? 
    • social workers? 
    • those providing psychological support to families and children? 
    • those working in institutions for children, including welfare institutions? 
    • doctors, health and family planning workers? 
    • government officials and decision makers? 
    • personnel entrusted with data collection under the Convention? 
    • other personnel and professionals working with or for children?
Have programmes for dissemination of the Convention and its principles and provisions involved 
    • the mass media? 
    • appropriate NGOs and civil society? 
    • children’s groups?
  • Have steps been taken to encourage the understanding of the principles and provisions of the Convention by the mass media and by information and publishing agencies?
Has the State undertaken or commissioned research into awareness of the Convention and its principles and provisions among 
    • the general public? 
    • those working with or for children? 
    • children?
      Go to the main page for article 42, Making convention widely known

Jump to indicators for these articles:

Implementation (4) 

Respect for existing standards (41)

Reporting obligations (44)

To view indicators for other articles, click here.
 
 

 


 

 Article: 44 Reporting obligations of States Parties
 
 
 
 
Yes
Yes But
No
 
Article 44(6)

Has the State made widely available 

    • its Initial report, and any Periodic Reports? 
    • any additional information submitted to the Committee on the Rights of the Child? 
    • the summary records of discussions of the Initial and Periodic Reports? 
    • the Committee’s Concluding Observations on the Initial Report and Periodic Reports?
Have these reports
    • been translated and disseminated in national, local, minority or indigenous languages? 
    • been debated in Parliament? 
    • been the subject of discussion and debate with appropriate non-governmental organisations?
      Go to the main page for article 44, Reporting obligations

Jump to indicators for these articles:

Implementation (4) 

Respect for existing standards (41)

Making convention widely known (42)

To view indicators for other articles, click here.