Implementing a Rights-Based Approach for CHRDs 

(Art. 4 CRC and Art. 2 DHRD)

Realizing children’s rights, especially those of CHRDs, requires measures of implementation to be appropriate for children and their rights, accessible to children and capable of involving them meaningfully. Moreover, implementation for rights-holders who are children faces additional challenges given their status in society, lack of political power, frequent dependence on adults for access to accountability mechanisms and more generally a resistance to the idea that children have rights and should be facilitated to claim them.

Article 4 of the CRC is similar to implementation clauses in other human rights instruments (which, of course, also apply to children). However, the Committee has emphasized that in the context of the CRC, ‘States must see their role as fulfilling clear legal obligations to each and every child. Implementation of the human rights of children must not be seen as a charitable process, bestowing favours on children.’¹ It has given detailed guidance on the implementation of the Convention in General Comment No. 5 on General Measures of Implementation.

The CRC has a number of provisions, in addition to Article 4, which support implementation. However, the Declaration supplements understanding of what is needed to ensure the effective empowerment and protection of HRDs. Read together, the CRC and Declaration combine to provide a roadmap for protecting, respecting and fulfilling the rights of children who are HRDs.