The United Nations Convention on the Rights of the Child, hereinafter referred to as the “CRC”, is the most inclusive legal document dedicated to the promotion and protection of children's rights. After ratification, States Parties should be bound to the Convention through international law. However, as Cynthia Price Cohen (one of the CRC's editors) points out, the CRC "does not establish specific rules with penalties for non-compliance." Therefore, it is imperative that the CRC has enforcement mechanisms to ensure its implementation. This essay will discuss how the existing weak enforcement mechanism is preventing States Parties from achieving the objectives of the CRC.II. THE EXISTING ENFORCEMENT MECHANISM OF THE CRC There is currently one enforcement system of the CRC and it is the State Party's reporting process. Article 44 of the CRC obliges each State Party to submit reports regarding the implementation of the CRC. In Article 43, the CRC provides for a monitoring body, the Committee on the Rights of the Child, hereinafter referred to as the “Committee”. Although Article 43 establishes the Committee, it does not explicitly define the parameters of its role. This means that the Committee is in theory left with a window of opportunity to be creative in its position to increase the success of the CRC. The reporting mechanism allows the Committee to engage in constructive dialogue with States parties that includes recommendations for improvement. However, the Committee, as a monitoring body, does not have the power to compel the Parties to implement these recommendations. This created an opportunity for States parties to shirk their responsibilities. This is an apparent fragility of the project, and this lack of explicit power has been a…half of paper…a reality. At present, the active enforcement mechanism is weak and is limiting the implementation of children's rights by States parties. In short, he's missing teeth. Some of its flaws are imposed by external factors, while others are self-imposed. Even when States Parties take steps to comply with the Convention by establishing compatible national laws and mechanisms, they sometimes inevitably fail. To be successful, enforcement mechanisms must be able to do much more. Since juvenile law is still a work in progress, it is of the utmost importance that States parties are guided with a firm hand during this evolutionary period. Children deserve a powerful international mechanism. There will be little benefit other than someone kindly and politely pointing states in the general direction of what is truly in the best interests of children..
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