International Human Rights Law and Practice

The vulnerability of children is rather different from that of other vulnerable groups, in that at different stages of their development they are mostly dependent on others for their survival and cannot (or are not allowed to) partake in social or political life in the same way as adults. Unlike all other vulnerable persons, the well-being of children is entrusted to their parents and guardians and hence many of the issues facing children have traditionally been perceived through the lens of family relationships and family law, as opposed to human rights law.The Convention on the Rights of the Child (CRC) and its subsequent protocols has somewhat changed this state of affairs by introducing several principles which transform children from objects to real subjects of the law. Unless states take active and concerted measures to prevent and punish the perpetrators (and end-users) of such offences, the exploitation of children will remain a profitable enterprise. Without investment in the lives of children through the use of maximum available resources, states will remain weak and children disempowered. This chapter examines the emergence of a specialised human rights regime for children, as well as the guiding principles found in the CRC. It then goes on to illustrate how poverty and other factors exacerbate the vulnerabilities of children.