20 November, International Children's Day: Children's Rights on the Margin

485621-childrensrightsIllustratedbyThis year's International Children's Day is celebrated in the light of 25 years from the adoption of the Convention on the Rights of the Child. At the time, the Convention was a novelty in the international law because it was the first international document focusing exclusively on children.

So far the Convention on the Rights of the Child has been ratified by around 200 UN member states. One of them is the Republic of Serbia, which also ratified the two Optional Protocols to this Convention. In April 2014, the third of these Protocols, that on the Communication Procedure from 2012, came into force. This Protocol provides for the possibility of a child her-/himself to address an international, neutral authority for protection of its rights rather than a local court or another national authority. 

During a quarter of a century of the implementation of the Convention, the UN member states implemented numerous measures and activities on various levels aimed at improvement of the position of millions of children worldwide. Globally speaking, however, today's observance, exercise and protection of children's rights is still not on a satisfactory level. It is estimated that around 17,000 children younger than five are dying from hunger daily. A lot of girls are still deprived of their right to education on account of their brothers. Even at the earliest age, children from small or secluded settlements are facing difficulties in exercising their right to healthcare.

Statistics indicates, amongst others, that the number of children in Serbia decreased by 205,000 between the two censuses (that in 2002 and 2011). Children in Serbia make only 17.2 percent of the ever and rapidly ageing population. The major challenge in children's rights exercise, protection and promotion is still the economic crisis. Serbia is no exception in this respect as compared to other countries. On the contrary: the Provincial Protector of Citizens - Ombudsman (PPCO) institution has an increasing number of complaints based on the need for financial support. Despite poverty reduction measures undertaken by the Serbian state, it reflects on all spheres of family life and the wider social context, so a significant number of children is under a risk of becoming deprived of their right to adequate education, healthcare and growing up in general. The most vulnerable are rural and Roma children, children living in single-parent families, children with disabilities, as well as refugee and internally displaced children.

The PPCO points to the reality that it is ever more frequently in a position to investigate the proceedings of the relevant authorities in the field of provision of legal protection to families, especially in divorce and custody proceedings, concerning visitation rights of the parent the child does not live with and protection from domestic violence. It is by rule that parents find it difficult to separate their parental and partnership-based conflict from their duty and obligation to provide for the children's needs adequately. At the same time, there is an evident lack - even absence - of relevant institutional support and joint action of social actors in children's rights protection.  

Children's rights observation and promotion is a pillar of a free society that provides for recognition of rights granted by the Convention on the Rights of the Child with every individual child. It implies provision of the highest attainable standard of health and access to healthcare, access to free and quality education and supporting adults responsible for children's welfare in childcare and nursery facilities, including welfare and other kinds of support when necessary. The PPCO appeals to the state authorities to observe the child's best interest principle consistently in all proceedings re. children. The law and proscribed procedures must be observed in order to provide for timely and adequate maximum children's rights protection adequately, an obligation stated, amongst others, in the Convention on the Rights of the Child as well.