The Child's Right to a Dignified Level of Life and Wellbeing against Human Rights Standards

• Author: Malgorzata Judycka
• Pages: 631-646

631

MAŁGORZATA JUDYCKA

THE CHILD’S RIGHT TO A DIGNIFIED LEVEL OF LIFE AND

WELLBEING AGAINST HUMAN RIGHTS STANDARDS

The child’s right to a dignified level of life and wellbeing is an

inalienable right resulting from the sense of inborn human dignity. The

child’s right, being a part of human rights, have been reflected in

regulations of international legislation. Recognition of inherent dignity as

the source of human rights and equal and inalienable rights of all

members of human family is the basis of freedom, justice and peace in

the world1.

The human being’s dignity and worth should favour the social

progress and achieving a better level of life in freedom.2 Every person

possesses a right to life, freedom and safety.3 The capital punishment

cannot be performed on any person subjected to the local jurisdiction of the

countries being parties to the Second Optional Protocol to the International

Covenant on Civil and Political Rights on abolishing the death penalty as of

the 15th of December 1989.4 In countries that have not abolished the death

penalty, sentence of death may be imposed only for the most serious crimes.5

According to the regulations of the international law, acts of genocide aiming

at partial or total destroying of national, ethnical, racial, or religious groups

are forbidden6 as well as applying any means aimed at stopping births

within any such a group7.

In a catalogue of rights that are not subjected to derogation, the right

to life is reinforced by the norms of humanitarian rights referring to:

1 The Preamble of the Universal Declaration of Human Rights as of the 10th of

December 1948, in: B. Gronowska, T. Jasudowicz, C. Mik, Human Rights. International

Documents, Toru 1993

2 The Preamble of the Convention on the Rights of the Child as of the 20th of

November 1989 r., in: the Official journal as of the 23rd of December 1993

3 Article 3 of the Universal Declaration of the Human Rights

4 Article 1.1 of the Second Optional Protocol to the International Covenant on Civil

and Political Rights on abolishing the death penalty as of the 15th of December 1989, in:

Red: T. JASUDOWICZ, A Common Standard to Achieve... op. cit., p. 37

5 Article 6.2 of the International Covenant on Civil and Political Rights as of the 16th

of December 1966, in: B. Gronowska, T. Jasudowicz, C. Mik, Hu man Rights. International

Documents, Toru 1993.

6 Article 2 Of the Convention on the Prevention and Punishment of the Crime of

Genocide as of the 9th of December 1948, in: Red: T. JASUDOWICZ, A Common Standard

to Achieve... op. cit., p. 37

7 Article 2 d), Ibidem.

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prosecution and punishment of “intentional crimes” as “severe offences”8. In

no case, the death penalty can be ruled against a protected person who

was belo w the age of eigh teen at t he time of committing a crime9. The

capital punishment for a crime connected with a military conflict cannot be

executed on people who were not eighteen at the time of committing a

crime10 as well as on pregnant women and mothers taking care of small

children.11 Making an order that no-one can stay alive should be forbidden12

as well as ruling the death penalty on people who were under the age of

eighteen at the time of committing a crime; such a punishment should not

also be applied to pregnant women and mothers of small children.13

According to the Human Rights Committee, any actions of the state

reinforcing the peace and safety in the world should constitute a condition

and a guarantee of protection of the right to life14.

The child, possessing an inherent right to life15 as a fundamental

human good, uses the right for his or her protection from the moment

of conception16. In numerous countries, abortion is penalized17 or

allowed only in sudden cases.18 Every human’s inherent right to life

together with a ban on lawless taking anybody’s life is guaranteed by

an appropriate act.19 A positive obligation of the state to life protection

8 Article II of the Convention on the Prevention and Punishment of the Crime of

Genocide as of the 9th of December 1948 in: The Official Journal as of 1952, No 2, Item. 9.

9 Article 68 IV of the Geneva Conventions on the Protection of Civilian Persons in

Time of War as of the 12th of August 1949, in: Red: T. JASUDOWICZ, A Common Standard

to Achieve... op. cit., p. 40

10 Article 77.5 of the First Protocol to the Geneva Conventions as of 1949 on the

Protection of Victims of International Armed Conflicts as of the 10th of June 1977., in:

Red: T. JASUDOWICZ, A Common Standard to Achieve... op. cit., p. 41

11 Article 76.3, Ibidem

12 Article 4.1 II of the additional protocol the Geneva Conventions as of 1949 Article in:

Red: T. JASUDOWICZ, A Common Standard to Achieve... op. cit., p. 41

13 Article 6.4, Ibidem

14 point 2 of General Notes of the Human Rights Committee as of the 27th of July 1982 ,

in: Red: T. JASUDOWICZ, A Common Standard to Achieve... op. cit., p. 34.

15 Article 6 of the Convention on the Rights of the Child.

16 Article 1 of the Act of the 7th of January 1993 on Planning the Family, Protection

of the Human Foetus and Conditions of Acceptance for Pregnancy Abortion, in: T.

JASUDOWICZ, A Common Standard to Achieve... op. cit., p. 56.

17 Article 152 of the Act of the 6th of June 1997 Criminal Code, in: Red: T.

JASUDOWICZ, A Common Standard to Achieve - The State of Implementation. In the 50th

Anniversary of the Universal Declaration of Human Rights as of the 10th of December

1949, ToruM 1998 r., p. 55.

18 Article 4 a) of the Act of the 30th of August 1996 on the Change to the Act on the

Protection of the Human Foetus and Conditions of Acceptance for Pregnancy Abortion and

Changes to Some Acts, in: Red: T. JASUDOWICZ, A Common Standard to Achieve... op. cit., p. 57.

19 Article 6.1 of the International Covenant on Civil and Political Rights as of the

19th of December 1966, in: B. Gronowska, T. Jasudowicz, C. Mik, Human Rights.

International Documents, ToruM 1993.