The Convention on the Rights of the Child, a universally agreed set of non-negotiable standards and obligations, provides protection and support for the rights of children. In adopting the Convention, the international community recognized that people under 18 years of age often need special care and protection that adults do not.

How does the Convention on the Rights of the Child define a child?
The Convention defines a "child" as a person below the age of 18, unless the relevant laws recognize an earlier age of majority. In some cases, States are obliged to be consistent in defining benchmark ages—such as the age for admission into employment and completion of compulsory education; but in other cases the Convention is unequivocal in setting an upper limit—such as prohibiting life imprisonment or capital punishment for those under 18 years of age.

What steps do the Convention on the Rights of the Child and the Committee on the Rights of the Child encourage governments to undertake?
Through its reviews of country reports, the Committee urges all levels of government to use the Convention as a guide in policy-making and implementation to:

• Raise awareness and disseminate information on the Convention by providing training to all those involved in government policy-making and working with or for children.
• Involve civil society—including children themselves—in the process of implementing and raising awareness of child rights.

Who has not ratified the Convention on the Rights of the Child and why?
The Convention on the Rights of the Child is the most widely and rapidly ratified human rights treaty in history. Only two countries, Somalia and the United States, have not ratified this celebrated agreement. Somalia is currently unable to proceed to ratification as it has no recognized government. By signing the Convention, the United States has signalled its intention to ratify—but has yet to do so.

As in many other nations, the United States undertakes an extensive examination and scrutiny of treaties before proceeding to ratify. This examination, which includes an evaluation of the degree of compliance with existing law and practice in the country at state and federal levels, can take several years—or even longer if the treaty is portrayed as being controversial or if the process is politicized. Moreover, the US Government typically will consider only one human rights treaty at a time. Currently, the Convention on the Elimination of All Forms of Discrimination against Women is cited as the nation's top priority among human rights treaties.

Optional Protocols:

To help stem the growing abuse and exploitation of children worldwide, the United Nations General Assembly in 2000 adopted two Optional Protocols to the Convention to increase the protection of children from involvement in armed conflicts and from sexual exploitation.

Human rights treaties are often followed by ‘optional protocols’ that complement and add to the treaty. A protocol may be on any topic relevant to the original treaty. A protocol is ‘optional’ because it is not automatically binding on States that have already ratified the original treaty. The obligations in the protocol may be more demanding than those in the original convention, and so States must independently choose whether or not to be bound by a protocol.

An optional protocol has its own ratification mechanism independent of the treaty it complements. The Optional Protocols to the Convention on the Rights of the Child permit non-States parties to ratify or accede to them. For example, the United States, which has not ratified the Convention, has ratified both of the Optional Protocols.

The Optional Protocol on the involvement of children in armed conflict establishes 18 as the minimum age for compulsory recruitment and requires States to do everything they can to prevent individuals under the age of 18 from taking a direct part in hostilities. 

The Optional Protocol on the sale of children, child prostitution and child pornography draws special attention to the criminalization of these serious violations of children's rights and emphasizes the importance of fostering increased public awareness and international cooperation in efforts to combat them.

The Protocol provides definitions for the offences of ‘sale of children’, ‘child prostitution’ and ‘child pornography’. It also creates obligations on governments to criminalize and punish the activities related to these offences. It requires punishment not only for those offering or delivering children for the purposes of sexual exploitation, transfer of organs or children for profit or forced labour, but also for anyone accepting the child for these activities.

The Protocol also protects the rights and interests of child victims. Governments must provide legal and other support services to child victims. This obligation includes considering the best interests of the child in any interactions with the criminal justice system. Children must also be supported with necessary medical, psychological, logistical and financial support to aid their rehabilitation and reintegration. As a complement to the Convention on the Rights of the Child, interpretation of the Optional Protocol’s text must always be guided by the principles of non-discrimination, best interests of the child and child participation.

United States of America

Reservation:

       “ To the extent that the domestic law of the United  States does not provide for jurisdiction over an offense described in Article 3 (1) of the Protocol if the offense is committed on board a ship or aircraft registered in the United States, the obligation with respect to jurisdiction over that offense shall not apply to the United States until such time as the United States may notify the Secretary-General of the United Nations that United States domestic law is in full conformity with the requirements of Article 4 (1) of the Protocol.

       The Senate's advice and consent is subject to the following understandings:

       (1) NO ASSUMPTION OF OBLIGATIONS UNDER THE CONVENTION ON THE RIGHTS OF THE CHILD.-The United States understands that the United States assumes no obligations under the Convention on the Rights of the Child by becoming a party to the Protocol.
       (2) THE TERM "CHILD PORNOGRAPHY”. -The United States understands that the term "sale of children" as defined in Article 2(a) of the Protocol, is intended to cover any transaction in which remuneration or other consideration is given and received under circumstances in which a person who does not have a lawful right to custody of the child thereby obtains de facto control over the child.
       (3) THE TERM “CHILD PORNOGRAPHY".-The United States understands the term "child pornography", as defined in Article 2(c) of the Protocol, to mean the visual representation of a child engaged in real or simulated sexual activities or of the genitalia of a child where the dominant characteristic is depiction for a sexual purpose.
       (4) THE TERM "TRANSFER OF ORGANS FOR PROFIT".-The United States understands that- (A) the term "transfer of organs for profit”, as used in Article 3(1)(a)(i) of the Protocol, does not cover any situation in which a child donates an organ pursuant to lawful consent; and
       (B) the term "profit", as used in Article 3(1)(a)(i) of the Protocol, does not include the lawful paymeasonable amount associated with the transfer of organs, including any payment for the expense of travel, housing, lost wages, or medical costs.
       (5) THE TERMS "APPLICABLE INTERNATIONAL LEGAL INSTRUMENTS" AND "IMPROPERLY INDUCING CONSENT”.-
       (A) UNDERSTANDING OF "APPLICABLE INTERNATIONAL LEGAL INSTRUMENTS”.-The United States understands that the term “applicable international legal instruments" in Articles 3  (1) (a) (ii) and 3 (5) of the Protocol refers to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done at The Hague on May 29, 1993 (in this paragraph referred to as "The Hague Convention”).
       (B) NO OBLIGATION TO TAKE CERTAIN ACTION.-The United States is not a party to The Hague Convention, but expects to become a party. Accordingly, until such time as the United States becomes a party to The Hague Convention, it understands that it is not obligated to criminalize conduct proscribed by Article 3(1)(a)(ii) of the Protocol or to take all appropriate legal and administrative measures required by Article 3(5) of the Protocol.
       (C) UNDERSTANDING Of' "IMPROPERLY INDUCING CONSENT".-The United States understands that the term “Improperly inducing consent” in Article 3(1)(a)(ii) of the Protocol means knowingly and willfully inducing consent by offering or giving compensation for the relinquishment of parental rights.
       (6) IMPLEMENTATION OF THE PROTOCOL 1N THE FEDERAL SYSTEM OF THE UNITED STATES.-The United States understands that the Protocol shall be implemented by the Federal Government to the extent that it exercises jurisdiction over the matters covered therein, and otherwise by the State and local governments. To the extent that State and local governments exercise jurisdiction over such matters, the Federal Government shall as necessary, take appropriate measures to ensure the fulfillment of the Protocol.

Human Immunodeficiency Virus (HIV)

Auto Immune Deficiency Syndrome (AIDS)

Two superhighways for the trafficking and transmission of HIV and AIDS related opportunistic infections and diseases occur as a direct consequence of the Convention on the Rights of the Child (CRC) two Optional Protocols:

i)   The Optional Protocol on the involvement of children in armed conflict.

ii) The Optional Protocol on the sale of children, child prostitution and child pornography.

The Protocol provides definitions for the offences of ‘sale of children’, ‘child prostitution’ and ‘child pornography’. It also creates obligations on governments to criminalize and punish the activities related to these offences. It requires punishment not only for those offering or delivering children for the purposes of sexual exploitation, transfer of organs or children for profit or forced labour, but also for anyone accepting the child for these activities.

The Protocol also protects the rights and interests of child victims. Governments must provide legal and other support services to child victims. This obligation includes considering the best interests of the child in any interactions with the criminal justice system. Children must also be supported with necessary medical, psychological, logistical and financial support to aid their rehabilitation and reintegration. As a complement to the Convention on the Rights of the Child, interpretation of the Optional Protocol’s text must always be guided by the principles of non-discrimination, best interests of the child and child participation.