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Finally, the CRC sets forth an express ground obligating States Parties not to discriminate against children’s enjoyment of CRC rights.[10] The right to participate in proceedings, it is argued, “together with the principles of non-discrimination in Article 2 and provision for the child’s best interests in Article 3, form the guiding principles of the Convention, which reflect the vision of respect and autonomy which the drafters wished to create for all children.”[11] The United Nations adopted two protocols to the CRC on May 25, 2000, the Optional Protocol to the CRC on the Sale of Children, Child Prostitution, and Child Pornography 2000 (Sex Trafficking Protocol) and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (Child Soldiers Protocol) . The Sex Trafficking Protocol[12] (STP) addresses the problem of sex trafficking, one among many purposes for which children are bought and sold, including, in addition, forced labor, adoption, participation in armed conflicts, marriage, and organ trade. For an online text, note 3, at 122, notes that the 1993 Convention’s approach reinforces that taken in the IAC guaranteeing the secrecy of the adoption “where called for.” She also refers to the non-binding 1986 Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption Nationally and Internationally, which states: “[t]he need of a foster or an adopted child to know about his or her background should be recognised by persons responsible for the child’s care unless this is contrary to the child’s best interests.” [51] The Hague Convention on the Civil Aspects of International Child Abduction, Hague No. The STP also provides for protection of and assistance to the victimized children in the criminal justice process, the best interests of the child being the guiding principle in the children’s judicial treatment.[14] For purposes of prevention and redress of offenses, the victims must have access to procedures to seek compensation for damages from those legally responsible (article 9(4)). [48] The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, comprising a Preamble and forty-eight articles, was concluded on May 29, 1993, and entered into force on May 1, 1995. The STP also has provisions on strengthening international cooperation in regard to sex trafficking involving children and on reporting requirements for States Parties (article 12). “The main difference lies in the existence of provisions concerning children’s duties [in article 31], in line with the African Human Rights Charter” (.[20] The Preamble states that “the child occupies a unique and privileged position in the African society” and requires legal protection as well as “particular care with regard to health, physical, mental, moral and social development.” A child is defined as “every human being below the age of 18 years” (article 2). A list of the status of signatures, ratifications, and accessions is available on the same Web site [41] The Hague Convention on Jurisdiction, Applicable Law and Recognition of Decrees Relating to Adoptions, Hague No. The ACRWC sets forth the principles of non-discrimination and the best interests of the child and also provides that children have an inherent right to life, protected by law. 13, with a brief Preamble and 24 articles, was concluded on November 15, 1965, and entered into force on October 23, 1978. The aim of the Minimum Age Convention (MAC) is to establish a general instrument on the subject of the minimum age of employment with a view to achieving the total abolition of child labor (Preamble).Thus, each State Party is to “pursue a national policy designed to ensure the effective abolition of child labor and to raise progressively the minimum age for admission to employment to a level consistent with the fullest physical and mental development of young persons” (article 1).

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That minimum may not be less than the age of completion of compulsory schooling and, in any case, less than fifteen years, but it may initially be set at fourteen years if a state’s economy and educational facilities are insufficiently developed (article 2). act=conventions.text&cid=24 (last visited July 26, 2007) (unofficial source). It does not prescribe the age eighteen minimum for voluntary recruitment, but requires States Parties to raise the minimum age for it from fifteen (as set out in article 38, paragraph 3, of the CRC; i.e., to sixteen years of age) and to deposit a binding declaration setting forth the minimum age permitted for voluntary recruitment and describing safeguards adopted to ensure voluntariness (article 3(1-3), in part).[17] The Child Soldiers Protocol requires States Parties to take “all feasible measures to ensure” the demobilization or release from service of children recruited into armed conflict or used in hostilities and, “when necessary,” to accord “all appropriate assistance” for the children’s rehabilitation and social reintegration (article 6(1) and (3)). Links to a chart of signatures and ratifications and other information are available via the same Web site, at Voulez Vous.asp? [47] The Inter-American Convention, in twenty-nine articles, was adopted by the OAS Member States on May 24, 1984, and in force as of May 26, 1988.



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