Childhood
The approval of the International Convention on the Rights of the Child supposes a new vision of children: a child is an active subject with rights. The definition of childhood is very important as this indicates the moment in which they acquire certain rights and also when they lose certain protection measures. Those States which have ratified the Convention have an obligation to provide special protection to children. Childhood is a fundamental stage and its influence extends into adult life. To guarantee that children and adolescents have the best possible start in life is the way to ensure the development and progress of nations. The approval on 20 November, 1989, of the International Convention for the Rights of the Child (ICRC) supposes a before and an after in our vision of childhood. Previously, a child was perceived as a passive object to be protected and to be cared for. As from this international treaty the definition changed: a child is an active social subject with rights, a person in the process of growing, whose evolutive capacity must be respected and protected. The States that have ratified the ICRC have an obligation to provide special protection to children, as they constitute a particularly vulnerable group. In this way, the definition of childhood is very important as it indicates when they acquire certain rights and also when they lose certain protection measures. The child according to the Convention Article 1 of the ICRC affirms: "For the effects of the present Convention, a child is understood to be a human being aged under 18 years old, unless, in accordance with any applicable law, he/she is considered to have come of age before then". The ICRC, while establishing the moment that childhood ends, does not define when childhood begins, as this can be situated as when a child is conceived, upon birth, or at some intermediate stage. When drawing up the legal text, this definition was deliberately avoided so as not to jeopardize universal acceptance of the law. Thus it is left to each national legislation to specify the moment when childhood or life begins. The end of childhood For the effects of the ICRC, childhood ends when a child reaches 18 years of age. This means coming of age "unless, in virtue of any applicable law, the person has come of age before then". Not all national legislation establishes coming of age at 18 years old, some put this earlier and others later. Also, according to national legislation the concept of coming of age varies in accordance with the treatment of civil, penal, or political aspects. The ICRC permits States where coming of age occurs before 18 years old to fix a lower age limit for certain purposes. What is required is that this be done coherently according to the spirit and general principales of the Convention. The superior interest of the child must come above everything, discrimination should not exist, and to the greatest extent possible, child survival and development must be guaranteed. In any case, States cannot elude their obligations to persons aged under 18, even if, to all effects of national legislation, they have already come of age. The right to autonomy On the other hand, ICRC recognizes the active role that children play in society. Through their participation children contribute to their own development and to the progress of their family, community or country. Therefore a child, as a subject with rights, should benefit from a certain state of independence before reaching 18 years of age. Children have the right to autonomy: to implement certain processes and take certain decisions for themselves. While the ICRC does not establish a specific age or ages for a child to acquire these rights, it does facilitate a framework of principles. Article 12 establishes: "The Party States guarantee that every child in a condition to form his/her own opinion has the right to express his/her opinions freely in matters which affect him/her, and due account be taken of the child's opinions considering the age and maturity of the child". That is to say, in function of the "evolution of the faculties" of the child. Certain States, apart from establishing age limits under their legislation for the adquisition of certain rights, have adopted the principle of "evolution of the faculties of the child", according to which a child can have the right to make decisions for himself upon acquiring "sufficient understanding " of certain matters. External links open in a new window and take you to a non-UNICEF web site.
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