OVC Support Toolkit  >  Children's rights 

Legal support

This section looks at legal issues relating to children's rights. Other sections look in detail at participation, stigma and discrimination and protection from abuse.

Key points about legal issues and children's rights are:

1. There are a number of international conventions which refer to the rights of children. The most important of these is the UN Convention on the Rights of the Child.

2. Laws, relating to children and young people, in different countries vary greatly. The constitutions of some countries include provision for the rights of the child.

3. However, the existence of a law is not sufficient to ensure that children and young people enjoy its benefits. People have to know about the law and it has to be implemented or enforced.

Examples of the kinds of laws that countries have include:

• Laws which prohibit discrimination in different settings, including health facilities, schools and the work place.
• Laws which ensure that children and young people have access to health care and education.
• Clear description of the circumstances in which the state can take over responsibility for a child. They will then need to find alternate accommodation for that child. This may also include laws which allow people to adopt children.
• Laws which protect the inheritance rights of widows and orphans. Many of the arrangements which are made for children and young people whose parents have died are not recognised by law. For example step-parents and guardians are not always recognised as having parental rights and responsibilities. Sometimes these can only be gained by adopting the child or by gaining a court order. Guardians may be recognised legally if this is stated in a person's will.
• Laws which protect children and young people from neglect and abuse, including sexual abuse.
• Laws which protect children and young people from child labour.
• Laws which protect street children.
• The age at which a child legally becomes an adult. This is sometimes called the 'age of majority'.
• Laws which outlaw harmful cultural practices, such as female genital mutilation.

In some cases, laws and agreements may be needed between countries to tackle particular issues, such as inter-country adoption and abduction.

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