By Holy See Mission
Statement of the Holy See in Explanation of PositionResolution “Rights of
the Child”A/C.3/65/L.21/Rev.1Third Committee of the 65th
session of the UN General Assembly New York, 23 November
2010
Mr. Chairman,
On the adoption of this resolution on the Rights of the Child
(A/C.3/65/L.21/Rev.1), my delegation takes this opportunity to thank the
co-facilitators for their leadership of the negotiations. However, my delegation
must point out that any such resolution must be faithful to the explicit
contents of the Convention on the Rights of the Child to which the Holy See and
many other States are party. The Convention is the international normative
instrument to protect children. For this reason any resolution on children must
take this into account fully.One of the fundamental principles of the
Convention is respect for all children, born and unborn. As the Preamble
explicitly states, “the child, by reason of his physical and mental immaturity,
needs special safeguards and care, including appropriate legal protection,
before as well as after birth.”It is most dismaying that the present
resolution contains various elements which attempt to introduce confusion in
this regard. While the text calls upon States to include, within the overall
context of policies and programmes, many appropriate provisions for children in
early childhood, including for example, measures to improve prenatal, perinatal
and post-natal care for mother and child, my delegation must at the same time
point out that the introduction of an ambiguous term such as “sexual and
reproductive health”, to which the Holy See has consistently raised objections,
is not found in the Convention, has no place in such a resolution which is for
the rights of all children, before and after birth, and can be often understood
in a way which, in part, hinders the advancement of the health and well-being of
children and mothers. Another fundamental principle of the Convention is
that parents have the primary responsibility for the upbringing and development
of their child (Art. 18, 1). However, it is also disconcerting that the present
resolution attempts to go beyond what is laid down in the Convention in this
regard. Here my delegation must point out that the content of any resolution or
outcome document regarding children must be faithful to the text of the
Convention; otherwise, we risk creating confusion which does nothing for the
protection of children. Finally, as my delegation pointed out during the
negotiation of the present text, we have concern regarding the Committee on the
Rights of the Child going beyond its mandate. Such a body cannot be excused from
adhering to the traditional rules of interpretation of law, in particular to the
1969 Vienna Convention on the Law of Treaties, and risks undermining the
international treaty system in the realm of human rights where it has actively
promoted an interpretation of these international standards in a way which
undermines the fundamental rationale of law: to protect life. In this
regard, studies that the Committee recommends, and which may publish on specific
issues relating to the rights of the child (Art. 45, c) constitute private
opinions which cannot create any legally binding commitment, and any suggestions
and general recommendations the Committee makes to any State party (Art. 45, d)
must be faithful to the text of the Convention and thus respect children, as
well as the indispensable primary role of parents, and the family which is the
basic cell or unit of society.A resolution on children which introduces
elements which run directly counter to the text of the Convention cannot but
cause States to question the reason for ratification of such international
instruments.I would request that this statement and our reservations be
duly reflected in the records of this meeting.Thank you, Mr.
Chairman.
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