For countries who have signed this it can be used as a tool to lobby with. When Australia was detaining asylum seekers including children this was used to excert considerable pressure. While it did not work at first Govt moderates in marginal seats eventually staged a revolt and the cruel and inhumane policy was phased out
While i take your point on issues like health and education the fact is deliberately denying kids access to healthcare by not getting a doctor of anyt sort because it is deemed they are faking is pretty much the same breach in impoverished western samoa as it would be in wealthy Australia.
Moreover article 13 on freedom of expression is about not being denied access to an open education or the right to freedom of thought more than it is a kids right to wear black lipstick etc. This is fairly fundamental to living in a free country
1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.
2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
I dont think articles 19 and 20 are that ill defined either. in fact i would say they are pretty fundamental. Particularly part 1 of article 19.
Article 19
1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
Article 20
1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.
