#Worldchildren’sDay: What have we achieved and what is pending?

More than a century ago, after World War I, Eglantyne Jebb, founder of Save the Children, began her crusade to save the most disadvantaged children. Therefore, in 1922 she wrote the Geneva Declaration, a document that would be adopted by the League of Nations in 1924 and would later inspire the creation of the Declaration of the Rights of the Child (1959) and the Convention on the Rights of the Child (1989). The Convention on the Rights of the Child (CRC) is the international treaty that recognized, for the first time, children and adolescents as subjects of rights, and set out the obligations of States to ensure them.

Peru was one of the first countries to ratify the CRC in 1990, thus taking upon itself obligations not only to ensure children’s rights, but also to have the progress made in the implementation of the Convention periodically reviewed by the Committee on the Rights of the Child. With the ratification, the country initiated a series of normative changes to implement the rights guaranteed by the CRC, which are reflected in the Code for Children and Adolescents (2000) and in the National Plan of Action for Children and Adolescents (PNAIA 2012-2021). Other significant advances in the country were the enactment of the Law Establishing Parameters and Procedural Guarantees for the Primary Consideration of the Best Interest of the Child (2016), Law 30403, which prohibits the use of physical and humiliating punishment of children and adolescents (2015), and the approval of its regulations in 2018. Also, Legislative Decree 1297 for the protection of children and adolescents without parental care or at risk of losing it (2016) and Law 30838, which amends the criminal code and the criminal enforcement code to strengthen the prevention and sanction of crimes against sexual freedom and indemnity (2018).

In summary, the normative advances have been extensive; however, the challenge is still in the adequate application of the standards and the budget allocation to plans and policies in favor of children. The Child Protection System needs to be strengthened through an authority that exercises visible leadership. It is also necessary to provide more resources to the instances specialized in supporting children and child participation. There are still gaps to be closed, and this must be a priority for the State and the new transitional government to ensure compliance with the Convention on the Rights of the Child in our country. Around 10 million girls and boys in Peru are exposed to the breach of some of their rights, and it is important to act to ensure their growth and healthy development.

What happens to migrant children in Peru?

Within the migratory movement around the world, more than 5 million Venezuelans (IOM- R4V, 2020) have fled their country due to the tough political, social and economic crisis they are going through. In Peru, more than one million Venezuelan citizens have arrived in our country looking for a new start. However, many of their rights have been breached during their journey. Venezuelan children have been the most exposed to this critical situation.

Let us remember that children’s vulnerability is present during their transit, arrival and insertion in the host community. Their condition as migrants has repercussions at the affective, social, cultural and citizen levels: “In the host countries, children are affected during the arrival and long stay stages of the migration process” (Bustamante, 2009)¹.

There are cultural preconceptions about migrants that increase the reproduction of their conditions of vulnerability. Among the main ones, the ethnic biases, xenophobia and racism, which clearly hinder their integration into society. Children and adolescents are in the midst of their development, their poor access to health care, food, protection, education, basic services. and housing, threatens their future. For this reason, various non-governmental organizations work hard and continuously to advocate for their rights. 

This special date should be the opportunity to continue ratifying our commitment to the world to watch over children’s rights and ensure the full development of children and adolescents, with the participation of governments and all members of society. It is necessary to pay special attention to migrant children, to ensure equal treatment and same conditions for both migrant and host community children. From Save the Children, we will continue to propose models and maintain oversight so that every last child and adolescent in Peruvian territory has access to a dignified life, is protected and can participate in the issues that affect him/her at all levels.

Peru was one of the first countries to ratify the CRC in 1990, thus taking upon itself obligations not only to ensure children’s rights, but also to have the progress made in the implementation of the Convention periodically reviewed by the Committee on the Rights of the Child. With the ratification, the country initiated a series of normative changes to implement the rights guaranteed by the CRC, which are reflected in the Code for Children and Adolescents (2000) and in the National Plan of Action for Children and Adolescents (PNAIA 2012-2021). Other significant advances in the country were the enactment of the Law Establishing Parameters and Procedural Guarantees for the Primary Consideration of the Best Interest of the Child (2016), Law 30403, which prohibits the use of physical and humiliating punishment of children and adolescents (2015), and the approval of its regulations in 2018. Also, Legislative Decree 1297 for the protection of children and adolescents without parental care or at risk of losing it (2016) and Law 30838, which amends the criminal code and the criminal enforcement code to strengthen the prevention and sanction of crimes against sexual freedom and indemnity (2018).

In summary, the normative advances have been extensive; however, the challenge is still in the adequate application of the standards and the budget allocation to plans and policies in favor of children. The Child Protection System needs to be strengthened through an authority that exercises visible leadership. It is also necessary to provide more resources to the instances specialized in supporting children and child participation. There are still gaps to be closed, and this must be a priority for the State and the new transitional government to ensure compliance with the Convention on the Rights of the Child in our country. Around 10 million girls and boys in Peru are exposed to the breach of some of their rights, and it is important to act to ensure their growth and healthy development.

What happens to migrant children in Peru?

Within the migratory movement around the world, more than 5 million Venezuelans (IOM- R4V, 2020) have fled their country due to the tough political, social and economic crisis they are going through. In Peru, more than one million Venezuelan citizens have arrived in our country looking for a new start. However, many of their rights have been breached during their journey. Venezuelan children have been the most exposed to this critical situation.

Let us remember that children’s vulnerability is present during their transit, arrival and insertion in the host community. Their condition as migrants has repercussions at the affective, social, cultural and citizen levels: “In the host countries, children are affected during the arrival and long stay stages of the migration process” (Bustamante, 2009)¹.

There are cultural preconceptions about migrants that increase the reproduction of their conditions of vulnerability. Among the main ones, the ethnic biases, xenophobia and racism, which clearly hinder their integration into society. Children and adolescents are in the midst of their development, their poor access to health care, food, protection, education, basic services. and housing, threatens their future. For this reason, various non-governmental organizations work hard and continuously to advocate for their rights. 

This special date should be the opportunity to continue ratifying our commitment to the world to watch over children’s rights and ensure the full development of children and adolescents, with the participation of governments and all members of society. It is necessary to pay special attention to migrant children, to ensure equal treatment and same conditions for both migrant and host community children. From Save the Children, we will continue to propose models and maintain oversight so that every last child and adolescent in Peruvian territory has access to a dignified life, is protected and can participate in the issues that affect him/her at all levels.

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¹Bustamante, J. (2009). “Report of the Special Rapporteur on Human Rights of Migrants” Human Rights Council, 11º session period, Doc. ONU A/HRC/11/7 (14 de mayo), paragraphs 18, 19, 22 and 23.