This chapter examines the general principles of the UN Convention on the Rights of the Child (UNCRC) and their applicability to substantive provisions of the treaty, in particular the right to play. The UNCRC is widely recognised as containing four general principles: non-discrimination (Article 2), the best interests of the child (Article 3), the right to life, survival and development (Article 6), and the right to participation (Article 12). Taking a critical perspective to the general principles, this chapter also includes discussion of Article 5, which sets out the principle of the evolving capacities of the child. The general principles of the Convention are regularly used to frame the work of the Committee on the Rights of the Child in its interpretation and monitoring of the implementation of the Convention. The importance placed on the general principles requires reflection on their interdependence with other provisions in the Convention. Current practice and interpretation of the general principles primarily offers a one-sided interpretation: how the general principles interpret, or assist the implementation of, other substantive provisions (top-down). Rarely is any comment given on how other substantive provisions may assist in the interpretation and implementation of the general principles (bottom-up). The chapter offers a dual analysis of the general principles through the lens of the child’s right to play. It shows that whilst the general principles of the Convention are indeed critical for the interpretation and implementation of the right to play, the right to play also offers value for achieving the goals of the general principles. Contributing new understandings for the interpretation and implementation of the general principles of the UNCRC, this may additionally help to further implementation of other rights.

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The General Principles of the UNCRC and the Right to Play

  • Naomi Lott

摘要

This chapter examines the general principles of the UN Convention on the Rights of the Child (UNCRC) and their applicability to substantive provisions of the treaty, in particular the right to play. The UNCRC is widely recognised as containing four general principles: non-discrimination (Article 2), the best interests of the child (Article 3), the right to life, survival and development (Article 6), and the right to participation (Article 12). Taking a critical perspective to the general principles, this chapter also includes discussion of Article 5, which sets out the principle of the evolving capacities of the child. The general principles of the Convention are regularly used to frame the work of the Committee on the Rights of the Child in its interpretation and monitoring of the implementation of the Convention. The importance placed on the general principles requires reflection on their interdependence with other provisions in the Convention. Current practice and interpretation of the general principles primarily offers a one-sided interpretation: how the general principles interpret, or assist the implementation of, other substantive provisions (top-down). Rarely is any comment given on how other substantive provisions may assist in the interpretation and implementation of the general principles (bottom-up). The chapter offers a dual analysis of the general principles through the lens of the child’s right to play. It shows that whilst the general principles of the Convention are indeed critical for the interpretation and implementation of the right to play, the right to play also offers value for achieving the goals of the general principles. Contributing new understandings for the interpretation and implementation of the general principles of the UNCRC, this may additionally help to further implementation of other rights.