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Essay / The weak implementation mechanism of the United Nations Convention on...
The United Nations Convention on the Rights of the Child, hereinafter referred to as the “CRC”, is the most inclusive legal document devoted to the promotion and protection of the rights of the child. . Upon ratification, state parties are deemed to be bound by international law to the CRC. However, as Cynthia Price Cohen (one of the drafters of the CRC) points out, the CRC “does not set out specific rules providing for sanctions in the event of non-compliance”. It is therefore imperative that the CRC has enforcement mechanisms to ensure its implementation. This essay will discuss how the weakness of the existing enforcement mechanism prevents States Parties from achieving the objectives of the CRC.II. THE EXISTING IMPLEMENTATION MECHANISM OF THE CRCCurrently, there is an implementation system of the CRC and that is the reporting process of the States Parties. Article 44 of the CRC requires each state party to submit reports on its implementation of the CRC. In Article 43, the CRC provides for a monitoring body, the Committee on the Rights of the Child, hereinafter referred to as the “Committee”. Although section 43 creates the Committee, it does not explicitly define the parameters of its role. This means that in theory the Committee has a window of opportunity to be creative in its position in order to increase the success of the CRC. The reporting mechanism allows the Committee to engage in constructive dialogue with States Parties which includes recommendations for improvement. However, the Committee, as a monitoring body, does not have the power to oblige Parties to implement these recommendations. This created an opportunity for state parties to evade their responsibilities. This is an apparent fragility of design, and this lack of explicit power is a reality... middle of paper. At the moment, the active enforcement mechanism is weak and limits the implementation of children's rights by States parties. In short, it lacks bite. Some of its flaws are imposed by external factors, while others are self-imposed. Even when States parties take steps to comply with the CRC, by establishing compatible national legislation and mechanisms, their efforts will sometimes inevitably fail. To be successful, enforcement mechanisms must be able to do much more. While children's rights are still evolving, it is of the utmost importance that States Parties are firmly guided during this period of evolution. Children deserve a strong international mechanism. There will be little benefit in not gently and politely steering states in the general direction of what is truly in the best interests of children..