Document Type

Article

Disciplines

International Law

Abstract

At the end of its annual session in 1987, the Open-Ended Working Group on a Draft Convention on the Rights of the Child had drafted and adopted all but a few of the proposed substantive articles and, with the help of a small drafting party, had put together a composite model implementation mechanism for consideration at the 1988 session.1 It may be possible for the final draft of the Convention to be presented to the United Nations General Assembly by 1989, in time to celebrate the thirtieth anniversary of the Declaration of the Rights of the Child.

While work on the Draft Convention has progressed steadily, the text presently adopted by the Working Group clearly reveals that the drafting has taken place over a period of years because the continually changing group of participants has sharply influenced the style and content of the text.' Before the Draft Convention on the Rights of the Child is presented to the General Assembly for adoption, the drafters must subject the Convention to a thorough scrutiny, not only for stylistic and linguistic inconsistencies, but also to ensure that, once implemented, the Convention will effectively protect children's rights. In addition the drafters must decide whether the text of the Convention alone will sufficiently protect the rights of the child during public emergencies, whether the Convention should contain an article allowing or limiting reservations and whether provisions should be made for denunciation.

This article examines the criteria the Convention's drafters should consider in making these final drafting decisions. It looks at the mechanisms used in drafting other human rights treaties, examines their assets, their shortcomings and their significance with respect to the Convention on the Rights of the Child in light of the child's existing rights under international law. Finally, the article proposes model provisions which would ensure both the innovativeness and effectiveness of the Convention on the Rights of the Child.

Accessibility Requirements

1

Download

Share

COinS