Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
v the child’s right not to be deprived of his or her liberty arbitrarily and unlawfully –
art. 37(b);
v the child’s right to humane treatment whilst deprived of his or her liberty –
art. 37(c);
v the child’s right to legal safeguards in connection with deprivation of liberty –
art. 37(d);
v the child’s right in armed conflicts to respect for the relevant rules of international
humanitarian law – art. 38(1);
v the child’s right to appropriate measures to promote physical and psychological
recovery and social integration in case of any form of neglect, exploitation or abuse
– art. 39;
v principles of juvenile justice – art. 40.
As can be seen, these rights not only cover the more traditional human rights
standards found, for instance, in the International Covenants on Civil and Political
Rights and on Economic, Social and Cultural Rights, but they have also been expanded
and refined and are drafted so as to respond specifically to the varying needs of the
many young people who continue to suffer various forms of hardship.
According to article 1 of the Optional Protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and child pornography,
the “States Parties shall prohibit the sale of children, child prostitution and child
pornography as provided by the ... Protocol”. Article 2 of the Protocol explains the
notions of “sale of children”, “child prostitution” and “child pornography”, while
article 3 lists the acts which must, as a minimum, be “fully covered” by the States
parties’ criminal law. Other provisions provide details as to the duty of the States parties
to establish jurisdiction over the relevant offences, and to provide assistance in
connection with investigations or criminal or extradition proceedings, seizure and
confiscation, international cooperation, and in other areas (arts. 4-11).
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict raises the age for direct participation in
hostilities to 18 years, and imposes on the States parties an obligation to “ensure that
persons who have not attained the age of 18 years are not compulsorily recruited into
their armed forces” (arts. 1 and 2). According to article 3 of the Protocol the States
parties shall also “raise the minimum age for the voluntary recruitment of persons into
their national armed forces” from that of 15 years of age which is authorized in article
38(3) of the Convention itself; those States which allow the voluntary recruitment of
persons under 18 years of age, shall inter alia ensure that “such recruitment is genuinely
voluntary” and “carried out with the informed consent of the person’s parents or legal
guardians” (art. 3(a) and (b)).
2.3.3 Permissible limitations on the exercise of rights
The Convention on the Rights of the Child contains no general limitation
provision and only three articles provide for the right to impose limitations on the
exercise of rights, namely, the exercise of the right to freedom of expression (art. 13(2)),
the right to freedom to manifest one’s religion and beliefs (art. 14(3)), and the right to
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers