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A global call to action for early childhood

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General Comment No. 7:<br />

Implementing child rights in<br />

<strong>early</strong> <strong>childhood</strong><br />

Alan Kikuchi White,<br />

External Relations Officer, Bernard van Leer Foundation<br />

35<br />

The Convention on the Rights of the<br />

Child (CRC) reminds us that children,<br />

while retaining their entitlement <strong>to</strong><br />

the full range of human rights, are<br />

often marginalised or excluded, and<br />

thus represent a special case requiring<br />

additional safeguards. Within the<br />

constituency of children, particular<br />

groups remain vulnerable <strong>to</strong> further<br />

risk fac<strong>to</strong>rs that require additional<br />

measures <strong>for</strong> State ratification. One<br />

method of addressing these risk<br />

fac<strong>to</strong>rs is through the development<br />

of a General Comment, a statement<br />

of some ten <strong>to</strong> twenty pages based<br />

on the expertise and experience of<br />

the UN Committee on the Rights of<br />

the Child (UNCRC), a body composed<br />

of independent experts elected<br />

by countries that have ratified the<br />

Convention.<br />

Since the CRC’s development, the<br />

UNCRC has adopted ten General<br />

Comments (see General Comments<br />

at http://www.ohchr.org/english/<br />

bodies/crc/comments.htm) guiding<br />

States on specific issues such as HIV/<br />

AIDS, the aims of education, violence<br />

against children, and, in 2005, General<br />

Comment 7 (GC7) on implementing<br />

child rights in <strong>early</strong> <strong>childhood</strong>.<br />

GC7 explains how the CRC should be<br />

interpreted when it comes <strong>to</strong> young<br />

children. It was drafted and adopted in<br />

response <strong>to</strong> the UNCRC’s observation<br />

that young children were almost<br />

entirely overlooked in States parties’<br />

reports on their progress <strong>to</strong>wards<br />

implementing the CRC. Where<br />

present, references were limited <strong>to</strong><br />

child mortality and basic health and<br />

welfare; they neglected broader<br />

considerations of the realisation of<br />

child rights <strong>for</strong>, and on behalf of,<br />

young children. The implication of<br />

such inadequate awareness of young<br />

children’s rights by States parties was<br />

that the States parties ignored their<br />

obligations <strong>to</strong>wards young children, or<br />

treated children as objects of care but<br />

not as subjects actively participating in<br />

their development and in the social life<br />

of family and neighbourhood.<br />

Early <strong>childhood</strong> specialists in<strong>for</strong>med the<br />

deliberations of the UNCRC (in 2004)<br />

that went in<strong>to</strong> the drafting of GC7 (in<br />

2005). In collaboration with UNICEF<br />

and the Committee, the Bernard van<br />

Leer Foundation published A Guide<br />

<strong>to</strong> General Comment 7: Implementing<br />

Child Rights in Early Childhood, which<br />

contains extracts from the papers the<br />

Committee considered when drafting<br />

GC7.<br />

The purpose of GC7 is <strong>to</strong> recognise<br />

the rights of all young children as<br />

outlined in the CRC, as well as <strong>to</strong><br />

emphasise <strong>early</strong> <strong>childhood</strong> as a vital<br />

period in acknowledging these rights.<br />

The Comment provides a definition<br />

of the term “<strong>early</strong> <strong>childhood</strong>” and<br />

identifies characteristics and features<br />

specific <strong>to</strong> this developmental period.<br />

In addition, GC7 examines research,<br />

general principles, and rights in <strong>early</strong><br />

<strong>childhood</strong>. The Comment also explores<br />

policies and programmes, capacity<br />

building, and the responsibilities of<br />

parents and States parties <strong>for</strong> <strong>early</strong><br />

<strong>childhood</strong>.<br />

GC7: Young children as active<br />

social participants<br />

GC7 recognises that in implementing<br />

the CRC, States parties have often<br />

overlooked young children as rights<br />

holders (GC7 para.3). The Comment<br />

seeks <strong>to</strong> redress this oversight by<br />

clarifying State obligations <strong>for</strong> CRC<br />

implementation with respect <strong>to</strong><br />

all children “below the age of 8”<br />

(GC7 para.4). In the introduction,<br />

the Committee declares: “This<br />

general comment arises out of the<br />

Committee’s experiences of reviewing<br />

States parties’ reports. In many cases,<br />

very little in<strong>for</strong>mation has been offered<br />

about <strong>early</strong> <strong>childhood</strong>, with comments<br />

limited mainly <strong>to</strong> child mortality, birth<br />

registration and health care” (GC7<br />

para.1).<br />

In contrast <strong>to</strong> the emphasis on this<br />

limited set of “usual suspects” in<br />

State reports, GC7 presents an<br />

ecological and holistic view of young<br />

children as competent social ac<strong>to</strong>rs<br />

actively participating in families, peer<br />

groups, communities, and society<br />

(GC7 para.5). Young children are<br />

regarded as active meaning-makers<br />

with “evolving capacities” (CRC Art.5)<br />

requiring age-appropriate guidance<br />

and support and whom, both as<br />

individuals and as a constituency,<br />

have a voice that must be given due<br />

consideration. Parents/caregivers<br />

and States are reminded <strong>to</strong> balance<br />

control and guidance with respect <strong>to</strong><br />

the evolving capacities of the young<br />

child, as well as <strong>to</strong> keep in mind<br />

the obligation <strong>to</strong> facilitate genuine<br />

participation of young children in the<br />

processes affecting their development.<br />

To further consider GC7, we<br />

make reference <strong>to</strong> the CRC’s four<br />

fundamental principles:<br />

• Non-discrimination (Art.2)<br />

COORDINATORS’ NOTEBOOK: ISSUE 29

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