The 1959 UN Declaration of the Rights of the Child: A Foundational Milestone in Establishing Universal Protections for Children

The 1959 UN Declaration of the Rights of the Child: A Foundational Milestone in Establishing Universal Protections for Children

The 1959 United Nations Declaration of the Rights of the Child stands as a watershed moment in the history of human rights, marking the first time the international community collectively affirmed that children, by virtue of their specific needs and vulnerabilities, are entitled to special care and protection. This document, adopted unanimously by the UN General Assembly, was not created in a vacuum but was the culmination of decades of advocacy and evolving social consciousness. It successfully translated a powerful moral imperative that "mankind owes to the child the best it has to give" into a set of ten coherent principles that would go on to shape child welfare policies and inspire binding international law for decades to come  . Its profound legacy is most visible in the Convention on the Rights of the Child of 1989, which built upon its foundational ideals. To fully appreciate its significance, one must explore the historical context from which it emerged, understand the precise content of its principles, analyze the diplomatic debates that shaped its language, and evaluate its lasting impact on the global stage.

The Historical Journey to the 1959 Declaration

The path to the 1959 Declaration was a long and arduous one, reflecting the gradual progression of children's status from being viewed as passive dependents to being recognized as rights-bearing individuals. The industrial revolution of the 18th and 19th centuries had cast a harsh light on the plight of children, who were often subjected to grueling labor in factories and mines, working long hours in dangerous conditions for meager pay . This widespread exploitation sparked social reform movements, but it was the devastation of World War I that truly catalyzed international action. The conflict left in its wake millions of children orphaned, displaced, and starving, creating a humanitarian crisis that demanded a coordinated response.

It was in this context that a remarkable Englishwoman, Eglantyne Jebb, founded the Save the Children International Union (SCIU) in 1919. Driven by the conviction that there was no such thing as an "enemy child," Jebb advocated for aid to all children suffering from the war's aftermath, regardless of their nationality . Her work culminated in 1923 with the drafting of a concise but powerful charter of children's rights. This document, consisting of five brief principles, stated that the child must be given the means for normal development, must be the first to receive relief in times of distress, must be protected from exploitation, and must be raised with a consciousness that their talents should be devoted to the service of others . In 1924, the League of Nations officially adopted this text, which became known as the Geneva Declaration of the Rights of the Child the first-ever intergovernmental document to articulate specific rights for children .

The aftermath of World War II and the founding of the United Nations in 1945 provided a new platform for advancing children's rights. The new organization was initially preoccupied with drafting the Universal Declaration of Human Rights (adopted in 1948), but children's advocates quickly pointed out that this broader declaration did not adequately address the unique needs of children and that the 1924 Geneva Declaration was now outdated . The International Union of Child Welfare (the successor to Jebb's SCIU) had already expanded the original five principles to eight, adding protections against racial and other discriminations, and emphasizing the importance of the family and social security . Throughout the 1950s, this and other groups exerted steady pressure on UN committees. Finally, between 1957 and 1959, the UN Social Commission, the Economic and Social Council, and the Commission on Human Rights dedicated themselves to crafting a new, more comprehensive declaration. The final draft of ten principles was submitted to the General Assembly, where it was discussed extensively before being put to a vote .

A Detailed Analysis of the Ten Principles

The 1959 Declaration was formally proclaimed by the UN General Assembly on November 20, 1959, in Resolution 1386 (XIV) . Its Preamble sets forth its philosophical foundation, grounding the need for a specific declaration on children in the child's "physical and mental immaturity," which necessitates "special safeguards and care, including appropriate legal protection, before as well as after birth" . This phrasing was the result of a careful diplomatic compromise, acknowledging the need for prenatal care without entering into the contentious debate over the precise beginning of life . The Preamble also pays homage to its predecessor, the 1924 Geneva Declaration, and powerfully reiterates the core conviction that "mankind owes to the child the best it has to give" .

The ten principles that follow provide a holistic framework for child well-being, encompassing civil, political, economic, social, and cultural rights. The following table breaks down these principles for clarity:

Principle	Core Focus	Key Provisions
Principle 1	Equality	Right to rights without distinction of race, religion, or other status

.
Principle 2	Special Protection	Right to develop in a healthy manner; the "best interests of the child" as a paramount consideration

.
Principle 3	Identity	Right to a name and a nationality from birth

.
Principle 4	Social Security & Health	Right to social security, adequate nutrition, housing, recreation, and medical services; special care for mother and child, including prenatal and postnatal care

.
Principle 5	Special Needs	Right to special treatment, education, and care for physically, mentally, or socially handicapped children

.
Principle 6	Family & Love	Need for love and understanding; wherever possible, to grow up with parents in an atmosphere of affection and moral security

.
Principle 7	Education & Play	Right to free and compulsory education; full opportunity for play and recreation; education should promote culture and a sense of responsibility

.
Principle 8	Priority in Relief	Right to be among the first to receive protection and relief in all circumstances

.
Principle 9	Protection from Exploitation	Protection from neglect, cruelty, and trafficking; not to be employed before an appropriate minimum age

.
Principle 10	Protection from Discrimination	Protection from racial, religious, and other discrimination; education in a spirit of understanding, tolerance, and peace.

A closer reading of these principles reveals several groundbreaking concepts. Principle 2 introduced the guiding principle of the "best interests of the child," a concept that would become the cornerstone of all future child rights law . The declaration also skillfully balanced the roles of different actors in a child's life. It placed primary responsibility for the child's upbringing and education on parents (Principles 6 and 7), while simultaneously assigning a clear duty to society and public authorities to support families and extend particular care to children without a family or adequate means of support . Furthermore, it merged protection rights (e.g., from exploitation and discrimination) with provision rights (e.g., to education, health care, and play), acknowledging that children need both safety and positive inputs to thrive .

The Diplomatic Forging of a Global Consensus

The adoption of the declaration was not a mere formality; it was the product of intense negotiation and deliberation among UN member states, each bringing its own cultural, political, and religious perspectives to the table. One of the most contentious issues revolved around the status of the unborn. Some delegations, led by Italy, proposed adding language specifying that protection should begin "from the moment of his conception" . This was met with strong opposition from countries that had legalized abortion, as it would make the declaration unacceptable to them. After considerable debate, a compromise proposed by the Philippines the phrase "the child, before as well as after birth, needs special safeguards" was adopted, allowing for universal acceptance by sidestepping the theological debate over when life begins and focusing on the pragmatic need for prenatal care .

Another significant debate centered on the role of the state versus the family. The Soviet Union, reflecting its state-centric ideology, argued that the primary duty to guarantee children's rights lay with the state and proposed that all countries be required to bring their legislation into conformity with the declaration . However, a majority of member states held that the family should be the primary guardian of the child's welfare. The final text therefore called upon a broader coalition of actors—"parents, upon men and women as individuals, and upon voluntary organizations, local authorities and national Governments"—to recognize and strive for the observance of these rights .

Other proposals, though less divisive, also shaped the final document. A move by Guatemala and Israel to include a specific right for a child to grow up in the religious faith of their parents was rejected, as delegates feared it could create difficulties in multi-religious societies or for children of interfaith couples . In a more unifying move, a proposal by Mexico, Peru, and Romania to explicitly add the "right to play and recreation" to Principle 7 on education was unanimously approved, recognizing play as an essential component of a child's development . These debates illustrate the challenging but ultimately successful effort to craft a document that could transcend deep ideological divides and secure unanimous support, which it did on November 20, 1959 .

The Legacy and Lasting Impact of the Declaration

While the 1959 Declaration was a non-binding instrument, its historical significance and profound influence on international law and child welfare policy cannot be overstated. As the U.S. delegate Charles W. Anderson had argued during the debates, the power of a UN declaration lies not in its legal force but in its moral authority and its capacity to serve as a model for national legislation and a guide for action . In this regard, the declaration was a resounding success. It represented the first major international consensus on the fundamental principles of children's rights, providing a common language and a set of aspirations for governments and advocacy organizations worldwide .

Its most direct and important legacy was paving the way for the Convention on the Rights of the Child (CRC) in 1989  . The 1959 Declaration provided the essential architectural blueprint for the convention. The ten principles were expanded, refined, and codified into a comprehensive, legally binding treaty. The CRC incorporated the declaration's core ideas the best interests of the child, the right to education, protection from exploitation, and the importance of family and gave them the force of international law. The phenomenal success of the CRC, which has been ratified by nearly every country in the world, is in many ways a testament to the foundational work done by the drafters of the 1959 Declaration. Furthermore, the declaration established November 20 as a significant date in the UN calendar, which is now celebrated globally as Universal Children's Day .

However, the declaration's immediate impact was more muted. As some analysts have noted, it did not generate the same level of global publicity or constitutional incorporation as the Universal Declaration of Human Rights . Its provisions, such as the right to free elementary education, presented a significant challenge for many developing nations that lacked the financial resources to implement them fully. Organizations like UNICEF, which was already deeply involved in child welfare, continued their work, and while they supported the declaration's principles, their programs were not radically altered by its adoption  . Nevertheless, the declaration stands as a vital link in the chain of human rights history. It bridged the gap between the pioneering but brief 1924 Geneva Declaration and the robust legal framework of the 1989 Convention, ensuring that the vision of Eglantyne Jebb and other early champions of children was not lost but instead nurtured, expanded, and ultimately transformed into the most widely ratified human rights treaty in history.

Conclusion

The 1959 United Nations Declaration of the Rights of the Child is far more than a historical relic; it is a foundational text that codified a transformative global belief—that children are not the property of their parents or the passive subjects of the state, but individuals endowed with specific, inalienable rights. Born from the ashes of world wars and the relentless advocacy of child welfare pioneers, it successfully synthesized diverse global perspectives into a set of ten principled commitments. While it lacked the binding power of a treaty, its strength lay in its moral clarity and its visionary scope, which encompassed a child's right to identity, health, education, love, and protection. By establishing the "best interests of the child" as a paramount consideration and providing the direct blueprint for the Convention on the Rights of the Child three decades later, the 1959 declaration irrevocably changed the landscape of international law and social policy. It remains a powerful testament to humanity's collective responsibility to its youngest and most vulnerable members, a enduring promise that every child deserves a happy childhood and the opportunity to develop their potential in conditions of freedom and dignity.

Share this

myearthisone