The monitoring of the rights of the child: a child rights-based approach

Abstract

Due to the lacunae between legal obligations to human rights and the actual situation, monitoring is an essential component of the international and national human rights system. Monitoring illuminates the situation of human rights commitments and ensures the relevancy of instruments. The thesis explores monitoring in relation to the rights of the child and submits that a child rights-based approach is essential. Monitoring should not only consider the status and nature of child rights, but a child rights-based approach should also guide efforts so that they improve as well as reflect and respect children's rights. The study defines monitoring and describes a child rights-based approach. As a subject of legal investigation, the thesis then addresses several questions. How do international and national monitoring efforts respect child rights? How have the supervision of international conference agreements supported child rights? Furthermore, how do different countries monitor? National activities are examined through case studies of two Commonwealth countries: Canada and South Africa. Then, analysis is presented about how actors interpret and execute monitoring and the significance of different approaches. Lastly, the rationale, challenges and existing support of a child rights-based approach are discussed. In sum, a child rights-based approach is not generally utilised and the implications of child rights upon the monitoring process are not yet realised. Most monitors, whether international, regional or domestic, inadequately consider the demands of child rights upon the process of ascertaining the situation of children's rights. Proposed guidelines are appended to support a child rights-based approach to monitoring.