There are many international human rights treaties and domestic laws which protect children’s rights. International human rights treaties are agreements between different governments around the world.
When a country ratifies (signs up to) a treaty, it takes on legal obligations under international law. Domestic laws are laws decided by the UK Government and Parliament.
The UN Convention on the Rights of the Child (UNCRC) is an international treaty – an agreement between all the countries that have signed it – which was developed specifically for children. Children also have all the rights in other international human rights treaties, but the UNCRC includes additional rights which only children need because of their age and development. When a country ratifies (signs up to) a treaty, it takes on legal obligations under international law. The UNCRC is the most ratified human rights treaty in the world.
The UNCRC is made up of 54 articles and applies to all those aged 18 years and under. It includes the right to education, the right to play, the right to food, health and housing, the right to respect for privacy and family life and the right to be free from violence and abuse. It has four guiding principles (General Principles) which are rights in themselves but also the framework through which all the rights in the UNCRC should be interpreted.
They are:
You can read about the rights protected by the Convention here.
All children should be able to enjoy all the rights in the UNCRC, without discrimination on the basis of disability, sex, race, religion, age or sexual orientation, and whatever the circumstances in which they live or are cared for.
The UK ratified the UNCRC in December 1991. It has not been made part of domestic law, so not all the protections included in the UNCRC are included in British laws, and children cannot go to court and claim their rights by relying only on the UNCRC. However, as international law, governments are supposed to implement the UNCRC, so all public bodies and those who make decisions and policies that affect children should consider the UNCRC when doing so.
The UNCRC also has 3 ‘Optional Protocols’ (OPs). These contain rights in addition to the UNCRC. Optional Protocols are treaties in their own right, so states can sign and ratify them like other human rights treaties.
The European Convention on Human Rights (ECHR) is an international human rights treaty that gives all people – adults, children and young people - a set of rights, such as the right to life and the right to freedom of religion. The ECHR protects the rights of all those who live in the 47 countries that make up the Council of Europe, including the UK. The UK’s obligations under the ECHR will not change because of Brexit.
Find out more about the ECHR and its benefits for children on the Council of Europe portal.
The Human Rights Act 1998 made the ECHR part of domestic law, which means that children can take cases to courts in England if they think their rights have been breached. If the English courts wrongly reject their claim, they can take a case to the European Court of Human Rights, once they have been through the court system in the UK.
The Human Rights Act 1998 brings the European Convention on Human Rights (ECHR) into UK law. This means that children can bring cases in relation to the ECHR in UK courts, though ultimately, they can still seek protection through the European Court of Human Rights. When the UK courts are considering a claim by a child under the Human Rights Act, they should refer to the UN Convention on the Rights of the Child.
All public bodies, such as local authorities, CAFCASS, schools and hospitals, are also required to act in accordance with the rights in the Human Rights Act. It also means that Parliament should always ensure that new laws are compatible with the rights of the ECHR and the courts should also interpret laws in ways that are consistent with these rights.
The rights contained in the Human Rights Act reflect the European Convention on Human Rights and are therefore sometimes referred to as ‘Convention rights.’
As the CRC has not yet been incorporated into UK law, the HRA also plays a crucial role in the protection and promotion of the rights of children; enabling them to claim and enforce some of the rights contained in the CRC. These include children’s right to life, to be free of slavery and forced labour and not to be treated in inhuman or degrading ways, their right to freedom of expression, to private and family life and their right to education. Case law has also made clear that when a case under the HRA involves a child, the rights in the HRA must be interpreted through the lens of the CRC.
Since the HRA came into force it has provided important protections for some of our most vulnerable children such as children in care, child witnesses, children in custody, and refugee children.
The Equality Act came into force in 2010 to protect everyone, including children and young people, from discrimination and to advance equality and opportunity for all. It protects people against discrimination, harassment and victimisation in relation to housing, education, the provision of services, work and other areas of public life. It prohibits discrimination based on the following characteristics, usually referred to as ‘protected characteristics’:
The Equality Act protects children and young people in different areas of their lives, for example when working or applying for a job, when using public or private services (eg transport, housing, membership clubs), and in education and training. However, there are differences in the levels of protection that the Act gives to children and young people.
The public sector equality duty in Section 149 of the Equality Act requires public bodies, including local authorities, schools and hospitals, to take active steps to eliminate discrimination and to take positive actions to promote equality.
Advancing equality of opportunity includes taking measures to: