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II.
SOME POINTS TO BEAR IN MIND – By Br.Diego Munoz – Secretary for
Education
It is essential to grasp
properly the full meaning of the CONVENTION. It goes far beyond the simple
protection of the Child and the young person. Through an exhaustive,
progressive and prioritised presentation, one which is consistent with the
rights, it bestows on the Child and the young person a role of subject and
player. Many attitudes are brought to evolve because of it.
The main aspects which will
help our understanding of the new international approach are as follows:
A. The
child as the possessor of rights: The CONVENTION assigns specific rights to the
child and adolescent but not special exclusive rights. The adjective²specific²
implies a strengthening of the rights held by human beings no matter how old
they are, and adapting them to children and adolescents according to the state
of development they have reached. They may be grouped into four categories:
- The right to survival: right to life (art 6); to health (art 24);
to a sufficient living standard (art 27); to social security (art 8); to
protection in armed conflict (art 38); also, that parents be given the help
they deserve to bring up their children (art 18).
- The right to development: right to education (art 28 and 29); access to
information (17); to the preservation of their identity (art 8); to a name and
a nationality (art 7); not to be separated from their parents (art 9); to
freedom of thought, conscience and religion (art 14); to recreation and culture
(art 31); protection of mentally or physically handicapped children (art 23);
protection against abuses of the penal system (art 37 and 40); against sexual
abuse (art 34); against the selling of or trading in children (art 35); against
the illicit use of drugs (art 33).
- The right to sharing or participation: right to freedom of
expression (art 13); to express opinions and to be listened to in matters which
concern them (art 12); freedom of association and the right to hold peaceful
meetings (art 15); the right to undertake an active Lasallian educational
project within society in general.
B. The greater
interest of the child: this principle is basic to interpreting and applying
norms for the child and adolescent, and establishes obligatory lines of action
in all aspects of society and sets limits to personal interpretation in their
accomplishment.
C. Absolute Priority: children come first; therefore it is essential
to cater above all to their needs and basic rights. This follows from
children¹s intrinsic value, since they are human beings at a specific stage of
development, which makes them completely human in every stage of their growth;
moreover they have value prospectively, because all children are the continuation
of their family, their people and of humankind.
E. Sharing: In order to make children¹s legal rights effective, it is
necessary to ensure full sharing by and control of persons, families, organised
societies to which children and adolescents belong as well as of children
themselves . Only by following this principle will it be possible to create
effective means to enforce and guarantee the Rights of the child. Groups
responsible for this are the State, the Family, the Community.
F. The fundamental
role of the family: The family is privileged as the natural and primary
means of guaranteeing the development and protection of the child and
adolescent. Parents have the primary responsibility for their children¹s care
and education. To ensure this, the State must give families the assistance they
need to fulfil their responsibilities. Help given to families is help given to
the child. Therefore this principle avoids measures which separate the child
from its family, in the broadest sense of the word ‘family’ which includes its
closest relatives.
We are committed to being
aware of the CONVENTION, to acting on it correctly in the family and school and
to choosing from among ourselves persons who will co-operate with one another
in the public defence of children whether they are in Lasallian institutions or
in educational centres near our own.
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