Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
protected against all forms of discrimination or punishment on the basis of status,
activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family
members” (art. 2(2)). As in all human rights treaties dealt with in this Manual, the
principle of non-discrimination is also a fundamental principle with regard to the rights
of the child and it conditions the interpretation and application of all the rights and
freedoms contained in the Convention. In its General Guidelines Regarding the Form
and Contents of Periodic Reports, adopted in October 1996, the Committee on the
Rights of the Child gave detailed instructions to the States parties as to required
contents of the periodic reports with regard to each specific legal obligation, such as the
right to non-discrimination and the specific rights dealt with below.47
The States parties to the Convention on the Rights of the Child must
respect and ensure the rights guaranteed thereby without
discrimination of any kind.
The guiding principle throughout the Convention is that the best
interests of the child must be a primary consideration.
2.3.2 The rights recognized
The Convention recognizes a long and detailed list of rights that must be
respected and ensured to the child at all times, that is to say, to “every human being
below the age of eighteen years unless under the law applicable to the child, majority is
attained earlier” (art. 1). However, the rights guaranteed will here be reflected only in
general terms:
v the child’s right to life and maximum survival and development – art. 6;
v the child’s right to registration at birth, to a name, a nationality, and, to the extent
possible, “to know and be cared for by his or her parents” – art. 7;
v the child’s right to an identity, including nationality, name and family relations – art.
8;
v the right of the child not to be separated from his or her parents against their will
unless “such separation is necessary for the best interests of the child” – art. 9(1);
v the duty of States to facilitate family reunification by permitting travel into or out of
their territories – art. 10;
v duty to combat illicit transfer and non-return of children abroad – art. 11;
v duty to respect the views of the child and the right of the child “to be heard in any
judicial and administrative proceedings affecting” itself – art. 12;
v the child’s right to freedom of expression – art. 13;
v the child’s right to freedom of thought, conscience and religion – art. 14;
v the child’s right to freedom of association and to freedom of peaceful assembly –
art. 15;
47 General Guidelines Regarding the Form and Contents of Periodic Reports to be Submitted by States Parties under Article 44, Paragraph 1(b),
of the Convention, adopted by the Committee on the Rights of the Child at its 343rd meeting (thirteenth session) on 11 October
1996, published in UNICEF Implementation Handbook, pp. 604-618.
44
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers