INTRODUCTION MODULE

This Module introduces basic notions about Human Rights, with emphasis on the child rights, and
their impact on the public policies on children and adolescents.

Objectives
- Introduce the concept of child rights, developed based on recognizing the universal needs
of children.
- Present the main normative instruments that recognize child rights, with a focus on the
Convention on the Rights of the Child.
- To know the main institutional instruments, regional and universal, for the promotion,
guarantee and protection of the human rights of children and adolescents in the Americas.
- To know the main characteristics of public policies of childhood and adolescence form the
rights perspective.
1. HUMAN RIGHTS

1.1. What are Human Rights?

“Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status. We
are all equally entitled to our human rights without discrimination. These rights are all
interrelated, interdependent, and indivisible.
Universal human rights are often expressed and guaranteed by law, in the forms of
treaties, customary international law, general principles and other sources of international
law. International human rights law lays down obligations of Governments to act in certain
ways or to refrain from certain acts, in order to promote and protect human rights and
fundamental freedoms of individuals or groups.”.1

Human rights are:2

All persons are holders of human rights. Regardless of their political,

economic, and cultural systems, all States have a duty to promote and
Universal and
protect all of the human rights and basic freedoms.
inalienable
Rights should not be suppressed, except in specific situations and in
keeping with the appropriate procedural safeguards.
All human rights, whether civil and political (first generation), economic,
social and cultural (second generation), or collective (third generation),
Interdependent
are indivisible, interrelated and interdependent.
and indivisible
Moving forward in relation to one facilitates moving forward in others;
similarly, restricting one adversely affects others.
“All human beings are born free and equal in dignity and rights”
Equal and non- (Universal Declaration of Human Rights, Art. 1).
discriminatory All human rights for all people. Discrimination based on a non-
exhaustive list of categories, such as sex, race, colour, etc. is prohibited.
According to international law, the States assume the duty to promote
(increase public awareness of rights and procedures to guarantee and
protect them), respect (refrain from limiting or interfering in the
Establish
enjoyment of human rights), protect (prevent the abuse of the human
obligations
rights of individuals and groups and take measures for its restitution in
case of violation) and realize (adopt positive measures in order to
facilitate its enjoyment) human rights.

1 United Nations. Office of the High Commissioner for Human Rights. Regional Office, Central America and the Caribbean.
(n.d.). ¿What are they human rights? Retrieved May 20, 2024. http://www.oacnudh.org/que-son-los-derechos-humanos/
(in Spanish).
2 Ibid.
 At the individual level, we have a duty to respect and defend our own
and others' human rights.

From the needs-based approach to the rights-based approach

Human rights are the result of lengthy social struggles to achieve the recognition of people’s basic
needs as rights, at every social and historical moment.

While there are many needs that develop socially and culturally and, therefore, vary from one
country to another and within a country, there is a set of needs that we consider to be basic and
universal to ensure the comprehensive development of the persons.

These basic and universal needs become rights when they are deemed to be an obligation for
those who have a duty to provide them; in the case of children and adolescents: families, the State
and society.

In this respect, unlike needs, rights entail the possibility of petitioning for and demanding their
fulfilment; unlike needs.

THE NEEDS-BASED APPROACH THE RIGHTS-BASED APPROACH

The satisfaction of needs by third parties is Recognizing and safeguarding rights are
voluntary and/or optional. obligatory.

It addresses symptoms. It addresses structural causes.

Needs can be graded/prioritized. Rights may not be prioritized; all are equally
important, indivisible and interdependent.

Needs vary according to the situation, the Rights are universal. All persons have the same
individual and the setting. rights.

People are considered the object of needs/worthy People are holders of enforceable rights/rights-
of help. holders.

Needs are determined subjectively. Rights are based on international standards.

Needs are attended in a sectoral manner. Rights require a comprehensive approach,
involving cross-sectoral and holistic policies,
programmes and actions.

Seeks the achievement of results. The emphasis is on processes to achieve

outcomes and on conditions that enable
sustainability over time.

In interventions, it is technicians who know what Interventions are about building capacity and
is better for the others and design the actions. empowering persons involved so that they can
take part in decision-making about what affects
them and claim their rights.

1.2. Normative Instruments for the recognition of Human Rights in the Americas

American Declaration of the Rights and Duties of Man3

It was approved at the Ninth International American Conference, held in Bogotá (Colombia), in
May 1948. It is the first direct precursor of the current Inter-American Human Rights System
(ISHR). At this same Conference it was resolved to create the Organization of American States4,
through the Charter of the Organization.

American Convention on Human Rights (ACHR)5

Also known as the Pact of San José. It was adopted at the Inter-American Specialized Conference
on Human Rights on 22 November 1969 and entered into force on 18 July 1978. It represents the
culmination of a process that began at the end of World War II, when the American nations met
in Mexico and decided that they should draft a declaration on human rights that could eventually
be adopted as a Convention.

3 See full text at:

https://www.oas.org/dil/access_to_information_human_right_American_Declaration_of_the_Rights_and_Duties_of_M
an.pdf
4 The Organization of American States (OAS) is the world’s oldest regional body. Its origins date back to the First

International Conference of American States, held in Washington, DC (USA) from October 1889 to April 1890. It was agreed
to create an International Union of American Republics and a network of regulations and institutions began to be woven,
which would become known as the “Inter-American System”. The OAS as such was created in 1948, with the signing in
Bogotá, Colombia, of “the OAS Charter” (which entered into force in December 1951). As stipulated in the Charter’s Article
1, the Organization was founded with the purpose of developing in its Member States “an order of peace and justice, to
promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and
their independence”. Currently, the OAS is composed of the 34 independent States of the Americas and constitutes the
Hemisphere’s principal governmental, political, legal and social forum. Source: OAS,
http://www.oas.org/en/about/who_we_are.asp Retrieved on May 24, 2024.
5 See full text at:

https://www.cidh.oas.org/basicos/english/basic3.american%20convention.htm
 The ACHR establishes the obligation of States Parties to promote the progressive development
of the economic, social and cultural rights contained in the Charter of the OAS, to the extent of
available resources, through legislation or other appropriate means.
24 American States are parties to this Convention: Argentina, Barbados, Bolivia, Brazil,
Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada,
Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname,
Uruguay and Venezuela. The United States is a signatory state. Trinidad and Tobago
withdrew its ratification on 26 May 19986.
The ACHR has been supplemented with two Protocols: the Additional Protocol to the American
Convention on Human Rights (Protocol of San Salvador), of 1988, and the Additional Protocol to
the American Convention on Human Rights on Abolish the Death Penalty, of 1990.
The Convention implemented two competent bodies to explore issues related to compliance
with these rights: the Inter-American Commission of Human Rights and the Inter-American
Court of Human Rights.

Inter-American Democratic Charter (IDC)7

Its fundamental objective is the strengthening and preservation of democratic institutions. It
declares directly: "The peoples of the Americas have the right to democracy and their
governments have the obligation to promote and defend it." In its 28 articles, this document
details the consensus of the States of the Americas regarding what is meant by democracy, its
essential elements, how it should be defended against threats, and the procedures to be
followed when it is totally interrupted (as in a coup d'état) or when it has been seriously altered
and is at risk.
The IDC was unanimously approved on 11 September 2001, during an extraordinary session of
the General Assembly of the OAS, held in Lima, Peru, sending an unequivocal message regarding
the need to abide firmly by the rule of law, ensure the separation of powers, respect human
rights and fundamental freedoms, lobby for greater transparency and citizen participation in
decision-making, strengthen the political party system and foster a democratic culture.

6 OAS, Department of International Law. (n.d.). Multilateral Treaties. "American Convention on Human Rights (...)", ::
Multilateral Treaties > Department of International Law > OAS :: Retrieved May 24, 2024
7 See full text at: http://www.oas.org/charter/docs/resolution1_en_p4.htm
2. THE CHILD HUMAN RIGHTS

2.1. The evolution of child rights

The challenge of recognition, promotion and defence of the Human Rights of children and
adolescents has only a recent history in international human rights law. While it is said that all
human rights are for all people without distinction, the affirmation that the fundamental human
rights have been always part of the protection system for children and adolescents does not
correspond to a historically verifiable reality. On the contrary, as for other social groups, positive
actions that reinforce the ownership and exercise of their rights have been necessary.

A key player in the history of developing an international child protection system was Eglantyne
Jebb, the founder of Save the Children Fund (1919) and of the International Save the Children Union
(1920). This British pacifist and social activist drafted and promoted the idea of the Declaration of
the Rights of the Child, which was then recognized and adopted by the League of Nations as the first
Declaration8 in favour of this group: Declaration of the Rights of the Child (or the Geneva
Declaration), 24 September 1924.

Declaration of the Rights of the Child

(Geneva Declaration of 1924)

Article 1. The child must be given the means requisite for its normal development, both materially and
spiritually.

Article 2. The child that is hungry must be fed; the child that is sick must be nursed; the child that is
backward must be helped; the delinquent child must be reclaimed; and the orphan and the waif must be
sheltered and succoured.

Article 3. The child must be the first to receive relief in times of distress.
Article 4. The child must be put in a position to earn a livelihood and must be protected against every form
of exploitation.

Article 5. The child must be brought up in the consciousness that its talents must be devoted to the service
of fellow men.

Meanwhile, in America, Dr Luis Morquio (1867-1935), a distinguished Uruguayan paediatrician,

proposed during the Second American Child Congress, held in 1919, the creation of an International
American Office for the Protection of Children. Uruguay’s National Administration Council
established this Office under the honorary leadership of Dr Morquio, and it became official at the

8 The term Declaration is internationally recognized to be a political expression of good will but lacking in any mandatory
or binding features for the States, as subjects of international law.
Fourth American Child Congress in 1924. However, it was not until 9 June 1927 that 10 American
countries signed its Foundation Charter, thus resulting in what is now the Inter-American Children’s
Institute (IIN), the first intergovernmental organization dedicated to childhood.

On the occasion of the inaugural address for what was then known as the International American
Institute for the Protection of Childhood, Dr Luis Morquio promoted a second international
declaration on behalf of children: the Charter of Child Rights (only in Spanish).
After World War II, during the process of reorganizing international agencies and human rights
conventions with the implicit recognition of the human rights of children, the Declaration of the
Rights of the Child was issued once again on 20 November 1959, now within the context of the
United Nations.

Declaration of the Rights of the Child 1959

1. The child shall enjoy all the rights set forth in this Declaration. Every child, without any exception
whatsoever, shall be entitled to these rights, without distinction or discrimination on account of race,
colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other
status, whether of himself or of his family.

2. The child shall enjoy special protection, and shall be given opportunities and facilities, by law and
by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a
healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this
purpose, the best interests of the child shall be the paramount consideration.

3. The child shall be entitled from his birth to a name and a nationality.

4. The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in
health; to this end, special care and protection shall be provided both to him and to his mother, including
adequate pre-natal and post-natal care. The child shall have the right to adequate nutrition, housing,
recreation and medical services.

5. The child who is physically, mentally or socially handicapped shall be given the special treatment,
education and care required by his particular condition.

6. The child, for the full and harmonious development of his personality, needs love and
understanding. He shall, wherever possible, grow up in the care and under the responsibility of his
parents, and, in any case, in an atmosphere of affection and of moral and material security; a child of
tender years shall not, save in exceptional circumstances, be separated from his mother. Society and the
public authorities shall have the duty to extend particular care to children without a family and to those
without adequate means of support. Payment of State and other assistance towards the maintenance
of children of large families is desirable.

7. The child is entitled to receive education, which shall be free and compulsory, at least in the
elementary stages. He shall be given an education which will promote his general culture and enable
him, on a basis of equal opportunity, to develop his abilities, his individual judgement, and his sense of
moral and social responsibility, and to become a useful member of society. The best interests of the child
shall be the guiding principle of those responsible for his education and guidance; that responsibility lies
in the first place with his parents. The child shall have full opportunity for play and recreation, which
should be directed to the same purposes as education; society and the public authorities shall endeavour
to promote the enjoyment of this right.

8. The child shall in all circumstances be among the first to receive protection and relief.

9. The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be
the subject of traffic, in any form. The child shall not be admitted to employment before an appropriate
 minimum age; he shall in no case be caused or permitted to engage in any occupation or employment
which would prejudice his health or education, or interfere with his physical, mental or moral
development.

10. The child shall be protected from practices which may foster racial, religious and any other form
of discrimination. He shall be brought up in a spirit of understanding, tolerance, friendship among
peoples, peace and universal brotherhood, and in full consciousness that his energy and talents should
be devoted to the service of his fellow men.

By that time, a universal structure had been created, both regulatory and institutional, to safeguard
and protect child rights. For example, the United Nations Children’s Fund (UNICEF) already existed;
it had been established in 1946 as the United Nations International Children’s Emergency Fund
(which gave rise to the acronym used at present) and became part of the United Nations System in
1953.

Both the United Nations and the Organization of American States produced their binding human
rights protection instruments mainly throughout the second half of the twentieth century. These
instruments have been giving evidence of the evolution of the concept and doctrine of human rights.

The process of international recognition of the human rights of children and adolescents, from the
normative point of view, has its last milestone in the adoption of the Convention on the Rights of
the Child, 20 November 1989.

2.2. The Convention on the Rights of the Child9

On the celebration of the Child International Year in 1927, the Polish State proposed, within the
United Nations, a text of a possible Convention on the Rights of the Child, which was not approved
but motived several meetings to study the possibility of a universal Convention. The central question
in the debates, that took place over ten years, was: Do child also enjoy all Human Rights? And more
concretely, as constant in the discussion acts: Do Human Rights also applies to child?

Dr. Adam Lopatka was crucial in the drafting of the Convention, leading a process that allowed, in
the framework of the XXX Anniversary of the Declaration of the Child Rights of 1959, to approve the
final text of the Convention on the Rights of the Child (CRC).

9 See full text at: Convention on the Rights of the Child | OHCHR
Adopted and open for signature and ratification by the General Assembly of the United Nations in
its Resolution 44/25 of November 20, 1989, the Convention entered into force on September 2,
1999.

The CRC is an international treaty of Human Rights specifically concerned with children (people
between 0 and 18 years of age). Although the different UN human rights treaties do not exclude
children, they do not explicitly affirm their rights, nor do they emphasize the differences which exist
between the situation for children and the situation for adults. In this respect, the CRC makes explicit
reference to the human rights which are also applicable to children and spells out their special rights
based on the specific needs and characteristics of their particular stage of development.

Unlike the instruments that preceded it, the CRC is binding. This implies that those States that ratify
it, assume the international commitment to implement the principles and standards set forth
therein in its national regulations and policies.

The CRC is the human rights treaties with the highest number of ratifications: 197 States are part of
this Convention. The first State to ratify the CRC was Ghana, on February 5, 1990, and the first of
the Inter-American System was Belize, on May 25, 1990. All the States of the Inter-American System
have ratified the Convention, except for the United States of Americas which is a Signatory State.

2.2.1. Guiding Principles of the Convention on the Rights of the Child

The Committee on the Rights of the Child has promoted four articles of the Convention to the
category of principles because it considers that owing to their scope and significance they should
be taken into account in a crosscutting manner when applying all of the rights proclaimed by the
Convention. These principles are:
• The right to non-discrimination (Article 2)
• The commitment to promote the best interests of the child (Article 3)
• The right to survival and development (Article 6)
• The right to be heard and taken seriously (Article 12)

Right to non- Governments must take measures to ensure that all the rights contained
discrimination in the CRC are enjoyed by all of the children in their jurisdiction.
The best interest of the child is the comprehensive satisfaction of his or
Commitment to her rights. Every decision affecting the child must primarily consider his
promote the best or her rights.
interests of the It is a broad guideline or orientation that obliges both State, Family and
child Community to considerate it.
It is an interpretative law and/or a decisive one in legal conflicts.
 “All human beings are born free and equal in dignity and rights”
Right to survival
(Universal Declaration of Human Rights, Art. 1).
and
All human rights for all people. Discrimination based on a non-
development
exhaustive list of categories, such as sex, race, colour, etc. is prohibited.
All children have the right to express their opinions regarding all the
matters that concern them and to be taken seriously bearing in mind
their age and maturity.
Right to be heard
Adults can take better and more informed decisions if they first consider
and taken
children’s opinions, more so if there is about restorative or attention
seriously
actions of its rights.
Consideration of children by adults makes it easier for children to resist
situations of abuse and neglect which affect their rights.

Progressive autonomy

In addition to the 4 articles mentioned, there is another principle that applies to the guarantee
and protection of the child rights: the principle of progressive autonomy. This implies
recognizing the gradual capacities of children and adolescents for their involvement in the
exercise and protection of their rights. Although the State, family and community are the
guarantors of rights, this guarantee must be made with the active participation of children and
adolescents, according to the evolution of their faculties.

2.2.2 Optional Protocols to the Convention on the Rights of the Child10

Optional Protocols are treaties that complement an existing treaty, either by adding an area that
was not originally included, deeping it content, or by referring to the procedural aspects of the main
treaty.

The United Nations General Assembly has adopted three Optional Protocols to the Convention on
the Rights of the Child, with the purpose of expanding the international regulatory framework for
the protection of the rights of children.

As in the case of the Convention, its Protocols required ratification by at least ten countries to enter
in force.

10See status of ratification of the instruments at: United Nations Human Rights. Office of the High Commissioner. (n.d.).
Status of Ratification Interactive Dashboard. Retrieved May 20, 2024. https://indicators.ohchr.org/
Optional Protocol on the Involvement of Children in Armed Conflict11
Adopted by the United Nations General Assembly in May 2000 and entered into force in February
2002.
It contains thirteen articles and extends the protection provided for in Article 38 of the Convention.
Thus, while the Convention establishes that States Parties must take all necessary measures to
ensure that no child under the age of fifteen takes a direct part in armed conflicts, the Optional
Protocol raises the age to eighteen. The same applies to the age of compulsory recruitment; the
Optional Protocol restricts the States to the recruitment of persons under eighteen is only voluntary,
while the Convention provided for the possibility of earlier compulsory recruitment, by stipulating
that States should refrain from recruiting children under the age of fifteen.
29 States in the region have ratified this Protocol. Antigua & Barbuda, Barbados, Haiti (signatory
State), Saint Kitts & Nevis and Trinidad & Tobago are not parties.

Optional Protocol to the Convention on the Sale of Children, Child Prostitution and Child
Pornography12
Adopted by the United Nations General Assembly in 2000 and entered into force in January 2002.
This Protocol contains seventeen articles and complements and extends the protection afforded by
Articles 34 and 35 of the Convention, establishing the obligation of States to: prohibit the sale of
children, “child prostitution” and child pornography; classify such practices as criminal offences in
their criminal laws; and implement the necessary measures to combat these practices, punish those
responsible and protect the rights of the victims.
31 States in the region have ratified this Protocol. Barbados, Saint Kitts & Nevis and Trinidad &
Tobago are not parties.

Optional Protocol to the Convention on a communications procedure13

Adopted by the United Nations General Assembly in December 2011 and entered into force in April
2014.
This Protocol contains twenty-four articles and empowers the Committee on the Rights of the Child,
as the Treaty Body, to consider violations of any of the rights set forth in the Convention or its
Optional Protocols, which a person, or group of persons, may claim to have suffered within the
jurisdiction of a State Party. The Committee is authorized to request the State to take interim
measures to avoid irreparable damage to the alleged victim or victims. After examining a

11 See full text at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPACCRC.aspx

12 See full text at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPSCCRC.aspx
13 See full text at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPICCRC.aspx
communication and the events it describes, the Committee shall transmit its views, together with
any recommendations, to the parties concerned.
This Protocol has been adopted in the region by: Argentina, Bolivia, Brazil, Chile, Costa Rica, Ecuador,
El Salvador, Panama, Paraguay, Peru and Uruguay.

2.3. The Child Rights approach since the Convention on the Rights of the Child

The CRC is the first international treaty of the United Nations to recognize children and adolescents
as subjects of rights. As seen, other documents existed previously, but they were focused on a needs
approach. In this sense, the CRC modifies the paradigm with which childhood and adolescence are
conceived.

Before this international instrument, the Doctrine of the Irregular Situation dominated, according
to which children and adolescents were conceived as “objects of care and protection” by the family,
according to the "good judgment" of the parents, and the school. Vertical treatment, adult-centric,
absence of personalized approach, violent discipline invoking the "good teaching" or "rigor" were
some of the characteristics of this relationship.

If there was no family or was in situation of poverty, it was understood that “the minor” was in a
situation of risk or moral or material danger, so it should be protected by the State. To this end, the
unquestionable strategy was institutionalization, which was then constituted as a mechanism for
“protection” of the child- minor and of defense for society.

The most serious fact of this system was the absence of public policies focused on children and
adolescents, which resulted in the judicialization of the psychosocial situations related to child. The
power to decide on all matters related to child was deposited in the figure of the Minor Judge,
producing a danger ambiguity as the criminal, social and family matters were not clearly separated.

With the promulgation of the CRC, a new paradigm came into being, the Paradigm of
Comprehensive Protection, which relinquished the concept of children as passive objects of
intervention by adults and began to consider children as holders of rights, positioning the State,
the family and the community as guarantors of those rights.

Thus, it established a new understanding of the relationship between the society, the State, the
family and children. It assumes that children need special protection and care, do its conditions of
subject in development, but insists in that they must participate in the exercise of their own rights
according to their age and abilities.
In this framework, it is recognized that, within the State, the role of the Judicial System must be
distinguished from the role of the Executive Branch. The guarantee of rights not only requires
judicial mechanisms but also social policies of promotion and guarantee.

CHILD AS SUBJECT OF RIGHTS CHILD AS OBJECT OF RIGHTS

Holder of its Rights Adults decide on its Rights
With capabilities and potentials Unable, she/he doesn´t know, she/he can´t
Person who makes decisions about what affects She/He should only do what adult said.
him
Person who lives intensely accelerated changes in Person in development, unfinished, immature.
their development
Active, provides, proposes, demands Passive, beneficiary, receiver.
Comment, express, look for information. Silence, receiver of information.
3. INSTITUTIONAL INSTRUMENTS FOR THE PROMOTION, GUARANTEE
AND DEFENSE OF THE HUMAN RIGHTS OF CHILDREN AND ADOLESCENTS
IN THE AMERICAS

3.1. The Committee on the Rights of the Child- UN

The Committee on the Rights of the Child is a treaty body created under the Convention on the
Rights of the Child to monitor the progress of States in the implementation and compliance with its
provisions and those of its Optional Protocols. Was established in 1999.

It is composed by 18 independent international experts with recognized competence in the field of

human rights, elected by the States Parties for a term of 4 years. Currently, Mary Beloff (Argentina),
Faith Marshall-Harris (Barbados), Rosaria Correa (Panamá) and Luis Pedernera (Uruguay-
Vicepresident) are members of the Committee, representing the region of the Americas.

Among the functions of the Committee, there are:

 periodic review of the States parties to the CRC, based on the submission procedure of
Reports. According to Art. 44, States must submit a first report within two years of the
ratification, followed by regular reports every five years. Similarly, the Optional Protocols
provide for the submission of an initial report two years after the ratification and then as
additional information in each corresponding 5-year period. The members of the
Committee review the government reports and the information provided by independent
sources -such as the country's non-governmental organizations and/or international
organizations and agencies specialized in children and adolescents- and request additional
information, if necessary. Later the Committee meets with the delegates from the State.
Finally, the Committee publishes its concluding observations, commenting on the positive
measures which have been taken, the obstacles to implementation and other matters
which call for its attention, and issues recommendations.

 Preparation of General Comments, documents that deepen or interpret certain articles

or topics of the CRC and issue recommendations. To date, the Committee has issued 25
General Comments on different topics.

 Promotion and organization of "Days of General Discussion"; spaces in which participate

representatives of Governments, non-governmental organizations, national human rights
institutions, international bodies, other United Nations bodies and specialized agencies, the
business sector, independent experts and children and adolescents, with the aim of
exchanging on a specific article of the CRC or topics that requires urgent attention in favour
 of the defence of child rights at a global level. These Days of Discussion take place every
two years, in Geneva.

3.2. Inter-American System for the Protection of Human Rights

The Inter-American human rights system constitutes a framework for the promotion and protection
of human rights in the Americas. The system derives its core principles from the American
Declaration of the Rights and Duties of Man, the OAS Charter and the American Convention on
Human Rights.

The pillars of the System are:

 The Inter-American Court of Human Rights, with headquartered in San José de Costa Rica.
“It is an autonomous legal institution whose objective is to interpret and apply the
American Convention. The Inter-American Court exercises a contentious function, in which
it resolves contentious cases and supervises judgments; an advisory function; and a
function wherein it can order provisional measures”14.

 The Inter-American Commission on Human Rights (IACHR), with headquarters in

Washington D.C.. “(…) is a principal and autonomous organ of the Organization of
American States (“OAS”) whose mission is to promote and protect human rights in the
American hemisphere. (…) Created by the OAS in 1959 (…) The work of the IACHR rests on
three main pillars: - the individual petition system; - monitoring of the human rights
situation in the Member States, and - the attention devoted to priority thematic areas”15.
“Starting in 1990, the Inter-American Commission began creating thematic
rapporteurships in order to devote attention to certain groups, communities, and peoples
that are particularly at risk of human rights violations due to their state of vulnerability and
the discrimination they have faced historically”16. Actually, the Commission has thirteen
specialized repporteurships, one of which is the Rapporteurship on the Rights of the Child,
created in 1998. “The Rapporteurship on the Rights of the Child cooperates with the
analysis and evaluation of the situation of the human rights of children in the Americas.
The Rapporteurship provides advice to the IACHR in the proceedings of individual petitions,
cases and requests of precautionary and provisional measures which address the rights of

14 Inter-American Courte of Human Rights. What is the I/A Court H.R.? Consulted on May 24, 2024. Inter-American Court
of Human Rights - What is the I/A Court H.R.? (corteidh.or.cr)
15 Organization of American States. Inter-American Commission of Human Rights. What is de IACHR? Consulted on May

24, 2024. https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/mandate/what.asp

16 Organization of American States. Inter-American Commission of Human Rights. Thematic Rapporteurships. Consulted

on May 24, 2024. http://www.oas.org/en/IACHR/jsForm/?File=/en/iachr/r/default.asp

 the child. Likewise, the Rapporteurship undertakes on site visits in the OAS Member States
and prepares studies and publications.”17

3.3. Inter-American Commission of Woman

“Created by the Sixth International Conference of American States (Havana, 1928), the Inter-
American Commission of Women (CIM) is the OAS’ advisory body on issues related to women in the
Hemisphere and the principal forum generating hemispheric policy to promote the rights of women
and gender equality and equity. Its objective is to work to have the gender perspective mainstreamed
into the Organization’s projects, programs and policies and to lobby governments to craft public
policies and programs with a gender perspective so that men and women may enjoy equal
opportunity in every realm of society”18

"The Inter-American Commission of Women has several working initiatives that seek to highlight
the interaction between sex, gender and childhood, in order to identify barriers or threats particulars
that girls and young women can face in the region. These initiatives include: child marriage and early
unions [...] sexual violence and pregnancy children [...]; prevention of violence [...]"19.

3.4. Inter-American Children´s Institute

The Inter-American Children’s Institute (IIN) is an OAS Specialized Organization in matters related
to childhood and adolescence. As such, the IIN assists the States in the development of public
policies, contributing to their design, implementation, monitoring and evaluation from the
perspective of the promotion, guarantee and protection for the child rights. It was founded on June
9, 1927, by Dr. Luis Morquio and was integrated into the OAS as a specialized agency in 1949. It has
its headquarters in Montevideo, Uruguay.

The IIN is composed of three organs:

 the Pan American Child Congress. It is an inter-american meeting ministerial level, which
aims to promote the exchange of experiences and knowledge among the States of the
Americas and formulate recommendations regarding issues of concern to the Institute. It
has been held since 1916, every 4 years. Since 2009, as part of the Congress, the Pan

17 Organization of American States. Inter-American Commission of Human Rights. Rapporteurship on the Rights of the
Child. Consulted on May 2, 2022. http://www.oas.org/en/IACHR/jsform/?File=/en/IACHR/r/DN/default.asp
18 Organization of American States. Specialized Organization. Consulted on May 2, 2022. OAS :: Our Structure : Specialized

Organizations
19 Comisión Interamericana de Mujeres. (2019). La infancia y el enfoque de género: la importancia de un abordaje integral.

En: IN-OEA. (2019). Infancia y género: un encuentro escenario, 15-16.

https://issuu.com/institutointeramericanodelninolanin/docs/infancia_y_g_nero_-_un_encuentro_necesario
 American Forum of Children and Adolescents and the Civil Society Forum are also carried
out. The Pan American Forum of Children and Adolescents is a space where the participation
of children and adolescents is promoted, through the exercise of their right to express their
opinion and to be heard by the authorities responsible for the design and implementation
of policies public on issues that involve their rights.

 the Directing Council. It is integrated by the OAS Member States, which accredit a
representative selected from among the high-level officials of the mains organizations in
matters of childhood, adolescence and family. Meets annually.

 the General Directorate. It holds the legal representation of the Institute and is responsible
for ensure the execution of the Action Plan, design new programs and activities, and submit
management reports to the Directing Council and the OAS General Assembly, through the
General Secretariat.

The IIN works based on a five-year Action Plan approved by the Directing Council and taking as main
references the Convention on the Rights of the Child and the Inter-American Democratic Charter.
4. PUBLIC POLICIES FOR CHILDREN AND ADOLESCENTS

Public policies are the set of permanent and stable regulations and procedures which regulate the
organization and execution of political power.

They always have:

• A historical-political intention, associated with a certain project of society.
• A conception about the role of the State and its responsibilities in the face of social
problems.
• A reading and prioritization of the needs, rights and potentialities of the recipients.
• A social place assigned both to the recipients of these policies and to those who are not
belong to that category.

Every public policy implies the existence of:

 A SYSTEM OF SOCIAL DEMANDS – SOCIAL ACTORS who call for State intervention in given
situations. The demands may have:
a) An integrated pattern, when there are a few collective stakeholders with a certain
degree of representation. For example, trade unions or employers’ associations.
b) A dispersed pattern, when the demand is expressed by various stakeholders who
are not connected to one another and have limited or inexistent power of
representation, and scant capacity to express their demands or to generate unions
to propose solutions.
 AN INSTITUTIONAL SYSTEM – A STATE which acts as a coordinator of interests in the areas in
which different public policies are negotiated and resolved. This system may be:
a) Integrated: when authority, in connection to a problem area, is concentrated in a few
powerful agents with the ability to decide and manage in the area in question.
b) Fragmented: when responsibility regarding the subject is scattered and distributed in
institutional spaces with scant authority and capacity to decide and coordinate.

Following this scheme, public policies for children and adolescents usually present the following
characteristics:
• Demand is dispersed: different stakeholders intervene, but there is no direct participation
by the target group: children and adolescents.
• Demand is expressed by spokespeople (NGOs, parents’ organizations, among others) who
assume different positions regarding the subject. Even, they are often not motivated by
the children’s interests but seek policies for their own ends. For example: merchants who
complain by the presence of children in street situation in their areas, or service officials
who put their interests first.
 • Institutional frameworks are also dispersed, due to the sectorized and fragmented
organization of the State: health, education, recreational areas.
• Tend to be distributive since they distribute resources which are produced by society as a
whole.
• They are regulative: they are based on State regulation, differing from policies developed
in other areas where the balance of power between stakeholders allows a high level of self-
regulation.

The Paradigm of Comprehensive Protection requires changes in the way that States develop public
policies aimed at guaranteeing the rights of children and adolescents. The introduction of the rights
approach in all phases of the cycle of public policies for children and adolescence (design,
implementation, monitoring and evaluation) implies rediscussing the models care, the role of the
different actors, the strategies for promoting participation, the interinstitutional and intersectoral
articulations, information and monitoring systems, among others.

From a rights-based perspective, public policies for children and adolescents should have the
following characteristics:

• Policy objective: to promote and guarantee rights. We no longer think in terms of inabilities
and needs and developing philanthropic actions, but in terms of rights, which are
enforceable and non-waivable, and which the State, families and society have a duty to
recognize, promote and guarantee. Rights-based public policies promote and ensure rights,
and not be merely remedial or restorative. If they are, the ultimate goal of interventions
should be to foster the full development of children and adolescents as holders of rights.

• Political and social recognition of children. The category of “rights-holder” goes beyond
being a legal category to become a condition that permeates interpersonal ties in all areas
of life. Thus, public policies that seek to ensure the recognition and enjoyment of the rights
of children endeavour to achieve the commitment of the whole population towards
respecting and protecting these rights. They are not restricted simply to providing services
to children, but seek to provide them with a social position as persons and citizens. For this
to be possible, it is necessary, among others things, that the Convention to become widely
known by children and adults.

• Universalism. All rights apply to all children and adolescents. This does not imply always
acting in the same way; the multiple existing inequalities (for reasons of gender, ethnic-
rational origin, geographic location, disability, among others) make it necessary to identify
differentiated vulnerability and act accordingly. Diversity needs to be recognized to
guarantee equity in the guarantee of rights.
• Comprehensiveness. Rights are interdependent and indivisible. Warranty or infringement
of one right affects the others. Because of this, it is necessary to design comprehensive
policies.

• Cross-institutionality. Comprehensiveness requires synchronized action of institutions.

Thus, breaking away from the sectoral and fragmented rationale that characterizes the
States is one of the great challenges facing the management of these policies.

• Child participation. Policy decision makers do not usually take children into consideration
when they make decisions on actions that have a direct or indirect impact on them. The
invisibility of children is a result of their lack of power in the public arena and lack of voting
rights, among other socio-cultural factors. Child Participation must be included throughout
the public policy cycle. The right of children to be informed, to form their own opinions, to
express them and to be heard by adults is a basic principle/right when it comes to
distinguishing between a child as object of protection/control and a child as rights-holder.

• Articulation with the gender approach. Multiple variables intersect in the reality of girls
and boys; one of them, which cuts across the others, is the gender variable. Based on gender
constructions, girls and boys have different opportunities to access rights, while they are
victims of different situations of violation, or experience them differently. Consider these
differences in all phases of public policies, helps to define more effective actions and, above
all, that they do not perpetuate inequality.

• Sustainability and maintainability. Public policies for children are redistributive in nature,
inasmuch as tax contributions are their main source of funding. With this in mind, firm
political decision-making is necessary, in order to achieve the consensus necessary for their
permanence over time (maintainability), and for their financial sustainability, which is linked
to the previous feature.

• Enforcement mechanisms. A public policy which is based on and has the backing of the
Constitution, and has a rights-based focus, must also have accountability and enforceability
mechanisms.