3 - Putting International Standards into Practice

Summary

The responsibility for implementing and complying with international standards rests firmly with states. However, post-conflict states often lack resources and may also face significant socio-political challenges. Chapter 3 explores whether international child rights standards make any allowances for the context in which they are to be implemented, reviewing the ‘escape’ route of derogations, considering whether the economic, social and cultural context may be taken into account, and addressing textual flexibility. It also expounds factors, including resources and public opinion, that might affect the operationalisation of juvenile justice standards in particular. The state does not, however, operate in a vacuum. There is a range of international mechanisms that promote implementation of, and compliance with, human rights. This chapter reviews these mechanisms as they relate to children’s rights, examining in particular the Committee on the Rights of the Child established by the CRC to monitor state compliance with the treaty, before focusing in some detail on UNICEF. The chapter provides an overview of UNICEF’s institutional nature, its relationship with the CRC and its stance on juvenile justice, all of which are key to understanding UNICEF’s involvement in Rwanda and its approach to child génocidaires.