> Call to States

69  The human rights system is built on the States' obligation to implement it and be accountable [78].

 

 

This obligation applies therefore to the rights of the child. States have to be accountable for the commitments taken for the purpose of the Convention, including international treaty monitoring and supervisory bodies as well as their own citizens. This is the reason why we call them to:

 

 

The Convention has been ratified almost universally, but many signatory States accompanied their ratification with reservations [79]. Twenty years after the adoption of the Convention and in light of our experience, it would be extremely important to initiate a debate on the reasons opposing the withdrawal of reservations. Retained reservations restrict the universal implementation of the Convention.

In addition, we call upon States that have not yet done so to ratify the two Optional Protocols on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography that deal with the most serious violations of the rights of the child.

 

 

 

 

This effort has been initiated in many countries and should continue with all concerned actors, notably by taking into account the 20 years of discussions within the Committee on the Rights of the Child and its interpretation of the Convention (General Comments).

 

 

 

The Convention is too often seen as a treaty with a mere moral force. We want to remind that its provisions are binding for signatory States.

Too many children do not have a legal existence. Concerned States must adopt administrative measures in order to register all children.

The increasing number of displaced, refugee and asylum-seeker children urgently requires a reflection among all parties so that States act in conformity with Article 22 of the Convention [80]. "Forced migrations due to poverty, inequalities, human rights violations, violence affecting thousands of children call on States to adopt child-oriented protection measures during each phase of the migration process, in particular for unaccompanied children, and reaffirm mechanisms of family reunification [].

 

 

 

Education, physical and mental health, parenthood support, disabled children, and justice require that States undertake bold financial choices with clear priorities applied regularly.

 

 

 

 

Today, the majority of public policies integrate the principle of sustainable development, the concern of ecological stability. They should include "impact evaluations on childhood".

Detailed investigations, collection of factual and reliable information clearly spelling out the figures, and updated indicators, recognized internationally, are essential in order to understand the phenomenon correctly. In many countries, this child-related data is still incomplete; without it however, no efficient public policies are possible.

 

 

 

 

Independent national authorities defending the rights of the child (ombudsman, children defenders ...) proved their efficiency as observatories of the status of children's rights, as spokespersons for different stakeholders, and they stimulated public action.

There are only a little more than thirty though 195 States have ratified the Convention. These institutions should be developed and obtain adequate resources in order to be effective.

 

 

 

Child-related issues need diversified and multidisciplinary approaches. For this reason, consulting all concerned stakeholders - children, families, professionals working in the field of childhood, non-governmental organizations [82] - must be the rule.

In countries where civil society organizations are less developed, we call on public authorities to encourage and promote the emergence of child-rights NGOs and NGOs networks by adopting legal provisions and adequate financial aid and fiscal regulations.

 

 

 

[78] See Philip Alston and JohnTobin analysis on "The importance of the principle of accountability" in "Laying the foundations for children's rights", p. 33, UNICEF Innocenti Research Centre, 2005.

[79] As of 20 February 2009, the Convention has been ratified by 195 States, the Protocol on the sale of children by 130 States and the one on the involvement of children in armed conflict by 127 States. However, these instruments are weakened by reservations restricting their universal application. See Article 51 on the conventional way to withdraw reservations.

[80] See also General Comment 6 of the Committee on the Rights of the Child, 2005, CRC/GC/2005/6, §64-78.

[81] Latin America Position Paper, p. 22.

[82] See General Comment 5 of the Committee on the Rights of the Child, op cit,§ 62.

[83] The importance to consult with civil society concerned actors is among the recommendations of the Committee on the Rights of the Child, General Comment. 5, op.cit, and among the principles of the Paris Declaration and of the Accra Plan of Action (§19-20).