Article 5: Parents and the child’s development

Convention text

The countries that have signed the Convention must respect the role and responsibilities of parents. Where appropriate, this also applies to other family members, guardians or others legally responsible for the child. They may guide and advise the child in exercising the rights set out in the Convention, taking into account the child’s development.

Key point

Parents are responsible for the care and upbringing of their child. This responsibility may also rest with others who are legally responsible for the child. In carrying out this responsibility, they must take the child’s development into account. The government must respect this and support them in this role.

Explanation

Parents or others who are legally responsible for the care, guidance and upbringing of a child must ensure that this care, guidance and upbringing are in line with the child’s rights and with the child’s development – that is, what the child is able to do and understand. The government must respect these rights and responsibilities.

The role of the government

The government must provide support in carrying out these responsibilities and the tasks that come with them. For example, this means ensuring that parents have access to facilities and services for their children, such as schools and youth care services. If parents are unable to care for their child, whether temporarily or otherwise, the government must provide appropriate care for the child in a way that suits their needs. This also applies to others who are legally responsible for the child, such as a guardian.

Parents remain responsible

This role of the government does not mean that it should intervene in all situations, as parents are primarily responsible for raising their child. The government plays a supporting role. However, there are situations in which the government may need to become involved in a child’s situation or intervene directly. For example, this may be the case where a court places a child under supervision because the child’s development is at risk, or where parents are no longer able to provide adequate care for the child. A family supervision order is a measure intended to protect the child’s development and to support parents in raising their child. Even when such a measure is imposed, the government must respect the rights and duties of parents. Parents remain responsible, and they are therefore involved in determining what is best for the child in that situation.

More information

There are also General Comments on the Convention that provide more information on this topic: