{"id":441,"date":"2021-06-25T15:12:47","date_gmt":"2021-06-25T07:12:47","guid":{"rendered":"http:\/\/devwp.visibleone.io\/p136\/?p=441"},"modified":"2021-07-03T11:49:15","modified_gmt":"2021-07-03T03:49:15","slug":"childrens-constitutional-rights","status":"publish","type":"post","link":"https:\/\/familyclic.hk\/en\/topics\/child-and-youth-affairs\/childrens-protection-and-welfare\/childrens-constitutional-rights\/","title":{"rendered":"Children\u2019s constitutional rights"},"content":{"rendered":"
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The Convention on the Rights of the Child (\u201cthe Convention) was adopted by the United Nations (Resolution 44\/25) in 1989. The Convention recognizes and protects the fundamental freedoms and inherent rights of children. It was extended to Hong Kong in 1994. For details on the background of the Convention, please see\u00a0Appendix I<\/a>\u00a0.<\/p>\n Under Article 1 of the Convention,\u00a0 a child is defined as a ”\u00a0human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier.”<\/em><\/p>\n In Hong Kong, the age of children may vary under different legislations.<\/p>\n Children\u2019s rights set out in the Convention include:<\/p>\n States Parties have a moral obligation to adhere to, and implement, the rights set out in the Convention. This is emphasised by the constant use of such terminology as\u00a0\u201cundertake\u201d, \u201cshall<\/em>\u00a0ensure<\/em>\u00a0\u201d and \u201c\u00a0recognise<\/em>\u00a0\u201d.\u00a0 By acceding (agreeing)to the Convention, States Parties are obligated to make sure that their legislation, policies and practices conform to the standards set out in the Convention and make those standards a reality for all children within their society.<\/p>\n As there is no direct enforcement machinery in the Convention, education and a culture of voluntary compliance based on knowledge and understanding is fundamental to the effectiveness of the Convention.<\/p>\n In Article 17 of the Convention States Parties \u201c\u00a0recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.\u201d<\/em>\u00a0Article 17 should be read together with Article 13. Article 13 recognises the child\u2019s right to freedom of expression, which includes the right to receive information. In particular, States Parties are encouraged to use the mass media to spread information about the rights contained in the Convention. Article 17 emphasises the importance of books written for children can play in bringing about a culture of respect for children’s rights.<\/p>\n The progress made by States Parties on their implementation of the Convention is monitored by a Committee on the Rights of the Child (\u201cCRC\u201d) established under Article 44 of the Convention. States Parties undertake to report to the CRC within two years of the Convention coming into force in the State Party concerned, and subsequently every five years. The CRC, which sits in Geneva and usually meets once a year, is an internationally elected body of 18 experts of high moral standing and recognised competence in the fields covered by the Convention. Election to the Committee is by secret ballot from a list of persons nominated by States Parties. Members are elected for four years and are eligible for re-nomination.<\/p>\n The CRC reviews and comments upon the reports submitted to it by States Parties.\u00a0 States Parties are encouraged to implement measures, and to create and develop the necessary institutions, to meet the aims and objectives of the Convention.\u00a0 Under Article 45 of the Convention, the CRC can ask for advice on the implementation of the Convention from other specialised United Nations organs or organisations such as the United Nations Children\u2019s Fund (\u201cUNICEF\u201d), a United Nations organisation dedicated exclusively to protecting and improving the rights of children worldwide. This emphasises the universal approach of the Convention to enhancing and protecting children\u2019s rights.<\/p>\n The Convention has not been incorporated directly into the law of Hong Kong by means of an Ordinance nor is there a Children\u2019s Commissioner or Government official with singular responsibility for enhancing and protecting the rights of children. As the Convention has not been incorporated into the law of Hong Kong it is not possible to apply to a court to force the government to comply with the obligations contained in the Convention.<\/p>\n There are, however, a number of Ordinances in place intended to enhance the rights of children and protect them from abuse. Although there is no discrete definition of child abuse under Hong Kong law, child abuse is being defined as any act of commission or omission that endangers or impairs the physical \/ psychological health and development of an individual under the age of 18 by the Social Welfare Department. (Child abuse is a general term used to describe various acts and degrees of abuse of children. It includes physical, sexual, psychological forms of abuses, and neglect.<\/p>\n Abuse amounting to criminal conduct is a particular matter for the police, though non-government agencies, such as the Hong Kong Society for the Protection of Children and schools, have an important role to play in detecting and protecting children from abuse. The Director of Social Welfare (\u201cThe Director\u201d) has an integral role in the protection of children. Where necessary, and in the best interests of the child, the Director can intervene to remove a child from his\/her family if that child is being abused or neglected, or their development is being avoidably prevented by the family.<\/p>\n The Hong Kong Police Force has set up the Child Protection Policy Unit (\u201cCPPU\u201d). The CCPU aims to combat domestic violence, child abuse, sexual violence, elder abuse and child pornography. It has close links to other government departments and non-government organisations. The CCPU is responsible for police force policies on handling the aforesaid matters. Its functions include monitoring local and overseas trends in child abuse, sexual violence, juvenile crime and child pornography. In particular, it can assist in the making of new laws aimed at combating these activities. One of the important activities performed by the CCPU is to work with the Social Welfare Department (\u201cSWD\u201d) on child protection investigation techniques. Another important activity is to organise training on aspects of child abuse, sexual violence and juvenile crime with other government departments and non-government organisations.<\/p>\n There are a number of Ordinances particularly relevant to the protection of children in Hong Kong. These include:<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Children\u2019s constitutional rights” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] I. Children\u2019s constitutional rights [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] A. The Convention on the Rights of the Child The Convention on the Rights of the Child (\u201cthe Convention) was adopted by the United Nations (Resolution 44\/25) […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p> Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p> The statutory requirements concerning the accreditation system in respect of local adoption in the HKSAR are set out in sections 26<\/a> , 26A<\/a> and 26B<\/a> of the Adoption Ordinance<\/a> .<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[25,31,29],"tags":[],"class_list":["post-441","post","type-post","status-publish","format-standard","hentry","category-child-and-youth-affairs","category-childrens-protection-and-welfare","category-topics"],"yoast_head":"\nB. Who is \u201ca child\u201d?<\/h2>\n
C. Some important rights conferred to children under the Convention<\/h2>\n
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D. Enforcing the Convention<\/h2>\n
E. How Hong Kong enforces the Convention<\/h2>\n
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