In the absence of the advice from Legal Counsel on the Chairman's statement regarding paragraph 6 (new paragraph 9) of the Preamble, the United Kingdom also stated that their Government might have to lodge a reservation with regard to article 1 and 1 bis at the time of ratification. The representative of Japan expressed the reservation of his Government with regard to the legal nature of the declaration that the Chairman of the Working Group should make on article 6 bis to the effect that this article was not intended to affect the immigration laws of States Parties, Doubts were also expressed as to the consequences for the national immigration laws of some other provisions of the convention, namely of article 6. It was also pointed out by some delegations that an unborn child is not literally a person whose rights could already be protected, and that the main thrust of the convention was deemed to promulgate the rights and freedoms of every human being after his birth and to the age of 19 years.The view was also expressed that the Declaration of 1959.
ADOPTION OP THE REPORT 737 143 ANNEX Response of the Legal counsel to the request for confirmation by the representative of the United Kingdom regarding preambular paragraph 6 (paragraph 9)** 144 The reference between parentheses indicates the article number subsequent to the reordering of the articles of the Convention. to continue its work on the elaboration of the draft convention on the rights of the child as a matter of the highest priority, and requested the Economic and Social Council to authorize, within existing resources, the convening of an open-ended working group for a period of up to two weeks in November-December 1986.
(e) Statements after the adoption of the convention 20. Be consequently proposed the following new titles "A draft convention on the protection of the child". Several representatives (Netherlands, Norway and Argentina) indicated their preference for retaining the title as it stood since the proposed new wording for the title was, in their view, too restrictive, 27. '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', . At a later stage, the representative of the Philippines stated that the co-sponsors of this amendment would have no difficulty if the Working Group prefer the text submitted by the Federal Republic of Germany. In a prolonged discussion that followed, a number of delegations, including Italy, Venezuela, Senegal, Kuwait, Argentina, Austria, Colombis, Egypt and one non-governmental organization supported the idea of retaining the concept of the 1959 Declaration on the Rights of the Child in the text of E/CN.4/1989/48 page 10 the draft convention, as proposed in both amendments.
Following the adoption of the draft convention some delegations made statements of a general character. The representative of the United Kingdom of Great Britain and Northern Ireland stated that nothing in this convention may be interpreted as affecting in any way the operation of the United Kingdom immigration or nationality legislation in so far as it relates to the entry of aliens and the terms and conditions of their stay in the United Kingdom, and to the acquisition and possession of citizenship. The representative of Japan Further stated that a number of other newly adopted proposals and articles of the draft convention would be ad referendum to his Government which will express its formal view on them at an appropriate opportunity. The observer for New Zealand stated that the text of the draft convention, with particular reference to its preamble, is ad referendum to his Government which may have further views to express and positions to adopt on the text at a later stage. Statements to this effect were also made by the representatives of India, the United Kingdom of Great Britain and Northern Ireland and Venezuela. The representative of Senegal did not insist on his proposal, and the Working Group, after having deleted the word "draft", agreed to adopt the title reading: "Convention on the rights of the child", 2. The first line of the preamble as adopted at first reading and which read "The States Parties to the Convention" was adopted with the addition of the word 'present" before the word "Convention", as proposed by the Legal Counsel and UNESCO. The importance of protection of the child even before it is born was repeatedly stressed in this connection, It was further stated that in all national legal systems protection was provided to the unborn child and the draft convention should not ignore this fact. Other delegations, including Norway, the Netherlands, India, China, the Union of Soviet Socialist Republics, Denmark, Australia, Sweden, the German Democratic Republic and Canada, however, opposed what in their view amounted to re-opening the debate on this controversial matter which, as they indicated, had been extensively discussed at earlier sessions of the Working Group with no consensus achieved.
Giving a general account of the conclusions reached, she emphasized that the child should be considered from a dual perspective: as an object of protection and as a possessor of rights. i and 4 of the preamble, therefore, reads as follows : "Considering, that in accordance with the principles proclaimed in.
The need to ensure the active participation of the State, of society, of patents and other persons Legally responsible for the child was recognized and stress was laid on the fundamental role that the national community could play in ensuring the realization Of the right of the child. 3 and 4 of the preamble as adopted at first reading were approved by the Working Group without any changes. the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, ** The reference between parentheses indicates the article number subsequent to the reordering of the articles of the Convention, E/CN.4/1989/48 page 9 Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance," Preambular paragraph 5 (paragraph 5)** 30.
organized by the Swedish National Committee of UNICEF and Radda Barnen. With regard to paragraph 6 of the preamble, two proposed amendments to the text already adopted at first reading were submitted by the Federal Republic of Germany (E/CN.4/1989/WG.1/WP.6) and by the Holy See, Ireland, Malta and the Philippines (E/CN.4/l989/WG.1/WP.8). In introducing his proposal (E/CN.4/1989/WG.1/WP.6), the representative of the Federal Republic of Germany explained that his amendment sought to replace a part of preambular paragraph 6 by a literal quotation of the Declaration on the Rights of the Child of 1959.
Among the issues considered at the aforementioned seminar were article 20 of the draft convention concerning children in armed conflicts, UNICEF-sponsored regional seminars and their recommendations, a comparison between Swedish legislation and the draft convention, implementation of the future convention and its dissemination. The representative of Venezuela regretted the fact that there had been no Latin American regional meeting for consultation of Governments like those held in Dakar, Egypt and Portugal, especially since the Latin American region had a tradition in the area of minors' rights dating back to the late 1930s and there was considerable specialization by Latin American jurists and lawyers in that branch of law. The representative of Senegal expressed the doubt whether the present title which reed A draft convention on the rights of the child* faithfully reflected all those concerns which the delegations had when elaborating this draft. It was suggested to reformulate paragraph 6 as follows: "Recognizing that, as indicated in the Declaration of the Rights of the Child adopted in 1959. The other proposal (E/CN.4/1989/WG.1/WP.8) was introduced by the representative of the Philippines and sought to add the words 'before as well as after the birth" at the end of preambular paragraph 6. 11- 19 5 (e) Statements after the adoption of the Convention 20- 24 7 II, PROVISIONS ADOPTED BY THE WORKING GROUP .......... Article 7 bis (Freedom of thought, conscience and religion) . with particular reference to the suggested amendments to the text of the draft convention which were put forward by that Latin American meeting (contained in document E/CN.4/1989/WG.1/WP,l) and asked the Working Group to take them into consideration in the course of its debates. Article 7a (Freedom of expression and information) 26B-279 45 15. Article 7 ter (Freedom of association and freedom of peaceful assembly) . Article 10 (Special protection for parentless children) 339-348 56 23. None the less, the priority for his Government was to complete the second reading of the draft convention at the current session and he believed this could be accomplished without in any way compromising the quality of the instrument in preparation, if the Working Group made full use of the suggestions in the technical review as a basis for its work. The representative Of Argentina mentioned the Latin American meeting in support of the draft convention on the rights of the child which had taken place at Buenos Aires in September-October 1983.being a document of almost 30 years, is to be superseded by the present new draft and, therefore, there was no need to stick to all of its provisions. The representative of Poland stated that the present formulation of preambular paragraph 6 was a delicate balance which the Working Group had reached in the course of continued discussions.In his view, the present compromise wording of this paragraph did not exclude the protection of the child before birth, nor did it contradict a wider interpretation of the text or the application of other more comprehensive provisions, as laid down in article 21 of the draft convention, In the course of the debate, a reference was also made to article 1 bis of the draft which provided for measures to ensure the survival and development of the child, 38.Special attention was paid to the situation of children that suffer the painful consequences of armed conflicts. After a brief discussion, the working Group agreed to adopt paragraph 5 of the preamble with a small change proposed by the Chairman.