child‟s life.10
Besides, the child‟s right to development entails a comprehensive
process of realising children‟s rights in order to allow them grow up in a healthy and
protected manner, free from fear and want, and to develop their personality, talents
and mental and physical abilities to their fullest potential consistent with their
evolving capacities.11
26. The child‟s right to life, survival and development requires that the child‟s rights
to health, food, shelter, education and adequate standard of living. In respect of the
child‟s right to education, it is to be noted that this is fundamental to the child‟s
development into a responsible and informed citizen, capable of defending his or her
rights. This imperative is also reflected in Article 6 of the CRC and 6(1) of the
ICCPR, which together with Article 5 of the African Children‟s Charter; impose on the
State a positive obligation not only to protect the life of the child but also to provide
adequate resources to ensure the child‟s survival and development. In addition, the
concept of prolonging the child‟s life entails an obligation imposed on States Parties
to undertake measures to protect the child from violence and abuse in all settings.
27. Children living in prisons with their parents/ primary caregivers often experience
serious violations of their right to survival, protection and development arising from
their living conditions; they may not be registered at birth nor have access to
education or health facilities and they may experience violence at the hands of other
detainees or prison employees.
In relation to children not imprisoned with their
parents/primary caregivers, the right to survival and development is also subject to
limitation as the primary person entrusted with realizing this right is absent.
28. In order to ensure that children‟s right to survival, protection and development is
protected and realized, States Parties should implement the United Nations Rules for
the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (the Bangkok Rules). In particular, they must ensure that children living in
prison should never be treated as prisoners themselves. They should not be
10
Report of the Working Group on a Draft Convention on the Rights of the Child, E/CN.4/1988, para
21.
11
Nowak, M., Article 6 – The Right to Life, Survival and Development Leiden: Martin Nijhoff, 2005, p.
2; and Tomkin, J., Orphans of Justice: In Search of the Best Interests of the Child when a Parent is
Imprisoned – A Legal Analysis Geneva: Quaker United Nations Office, 2009, 13.
13