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The Human Rights of Children

Published 20th November 2006, 4:04pm

The Cayman Islands Human Rights Committee (HRC) would like to invite the people of the Cayman Islands to join with it in recognising Universal Children’s Day. The 20th November is a landmark day for children’s human rights, as it was on this day in 1959 that the United Nations Declaration on the Rights of the Child was adopted by the United Nations General Assembly. Some years later, in 1989, this Declaration matured into the more meaningful Convention on the Rights of the Child, which was once again adopted by the United Nations General Assembly on the 20th November.

“The creation of this Convention was a momentous breakthrough for the human rights of children”, according to Vaughan Carter, the Deputy Chair of the HRC, who explains that, “whilst many generic international human rights treaties contain rights that are pertinent to children, the Convention on the Rights of the Child draws these together and then supplements them with additional rights that are specifically designed to meet the particular needs of children.”

The Convention on the Rights of the Child therefore imposes obligations on States that are party to the Convention to protect a number of special rights, including, but not limited to:

  • Ensuring that the child, who is capable of forming his or her own views, has the right to express those views freely in all matters affecting the child; the views of the child being given due weight in accordance with the age and maturity of the child.

  • Ensuring that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.

  • Ensuring that all appropriate legislative, administrative, social and educational measures are taken to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

  • Recognizing the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

  • Recognizing the right of the child to education.

  • Recognizing the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.

  • Ensuring that all appropriate measures, including legislative, administrative, social and educational measures, are taken to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.

Underpinning all of these rights is the guiding principle that the rights of the child are paramount.

The Convention on the Rights of the Child has been extended to the Cayman Islands since 1994. One of the significant obligations under the Convention is that States Parties submit periodic reports, every five years, on the measures they have adopted, which give effect to the rights recognized and on the progress made on the enjoyment of those rights.

The Cayman Islands has recently compiled its periodic report and in doing so, encouraged input from all interested parties. The HRC’s Chair, the Hon. Alden McLaughlin, notes that, “the extensive submissions received from both Government entities and non-governmental organisations are testament to the importance that the people of the Cayman Islands clearly attach to the human rights of children.”

The HRC also applauds the openness of the process that was employed to for the compilation of this report and hopes that a similar inclusive process can be instituted for the periodic reports required under other international human rights treaties.

The HRC’s submissions for the Convention on the Rights of the Child report, including its concerns, are now available at: www.humanrights.gov.ky.

There are always improvements that can be made and this process of periodic reporting is designed to provide an opportunity for self-reflection and a vehicle for remedying any deficiencies. The HRC hopes that on Universal Children’s Day 2006, the Cayman Islands will underscore its commitment to eliminating any deficiencies and to protecting, to the best of its abilities, the human rights of all children.

If you would like to contact the HRC, please address written correspondence to PO Box 30664, Grand Cayman KY1 1203 or alternatively, emails can be sent to humanrights@gov.ky.

For further information contact: Human Rights Committee