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Rights Holders and Duty Bearers
Like most human rights instruments, the CRC is really a framework for articulating the nature of the relationship between the State and individuals within its jurisdiction. The State along with non-state responsibility-holders (parents, guardians, care-givers) are duty bearers – that is, they have duties and obligations under the CRC, legally binding them to respect, protect and fulfil children’s rights.
Children up to 18 years of age are considered rights holders and active participants in child rights realisation, who must be empowered to make claims and hold duty bearers to account for upholding children’s rights.
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Duty bearers
are those defined as having obligations under the CRC for respect, protection and fulfilment of child rights. Government and its agents (social workers, judges, police, health care workers, teachers, etc) are the primary duty bearers responsible for realising the rights of all children. Parents, community members and others who care for children are secondary duty bearers, with specific legal responsibilities for upholding the rights of children under their care. Families and communities must be supported to raise their children in ways that keep them safe and to end harmful traditional and parenting practices.
are those defined as having obligations under the CRC for respect, protection and fulfilment of child rights. Government and its agents (social workers, judges, police, health care workers, teachers, etc) are the primary duty bearers responsible for realising the rights of all children. Parents, community members and others who care for children are secondary duty bearers, with specific legal responsibilities for upholding the rights of children under their care. Families and communities must be supported to raise their children in ways that keep them safe and to end harmful traditional and parenting practices.
Rights holders
are all girls and boys under 18 years of age. The rights holder is an active participant in rights realisation and must be empowered to make claims and hold duty bearers to account. Children’s ability to make claims is very often dependent on the support of adults, and will change over time, in keeping with their evolving capacities and maturity. Children have rights but they also have responsibilities to respect the rights of others.
are all girls and boys under 18 years of age. The rights holder is an active participant in rights realisation and must be empowered to make claims and hold duty bearers to account. Children’s ability to make claims is very often dependent on the support of adults, and will change over time, in keeping with their evolving capacities and maturity. Children have rights but they also have responsibilities to respect the rights of others.