INVISIBLE, MANIPULATED, AND POLITICISED: RETHINKING THE CONCEPTUAL FOUNDATIONS OF THE UN CONVENTION ON THE RIGHTS OF THE CHILD

Authors

• Anshul Dalmia Mr., O.P. Jindal Global UniversityFollow

Abstract

This paper examines whether the rights articulated in the United Nations Convention on the Rights of the Child (‘UNCRC’) can be meaningfully assimilated within the broader framework of international human rights. It locates this inquiry within enduring jurisprudential debates on the nature, justification, and enforceability of children’s rights. While international human rights law presumes a relatively stable rights-bearing subject, children occupy an ambivalent position—simultaneously recognised as rights-holders and as dependents mediated through an adult authority. Drawing on Tobin’s critique, which cautions against the dangers of conceptual indeterminacy, the paper argues that the UNCRC exemplifies these risks. It contends that the Convention’s normative appeal masks a deeper theoretical fragility, allowing it to function as a flexible and, at times, manipulable legal instrument. The paper proceeds by closely analysing the UNCRC’s text, structure, and drafting history to demonstrate how this fragility manifests in practice. First, it argues that the Convention rests on an undertheorised conception of children’s rights, lacking a coherent account of their basis and content. This results in a malleable framework that permits inconsistent interpretation across jurisdictions, thereby undermining the determinacy expected of international law. Second, the paper highlights the adult-centric character of the UNCRC, showing how the absence of meaningful child participation enables the imposition of external values and priorities onto children’s rights. This structural imbalance facilitates the use of rights discourse to advance particular ideological or policy agendas. Third, it examines the effects of this indeterminacy, demonstrating how broadly framed concepts such as dignity and best interests invite subjective interpretation, while also reflecting the influence of Western liberal thought and its attendant political assumptions. Accordingly, the paper suggests that a more rigorous theoretical grounding, alongside a genuinely inclusive approach to articulating children’s rights, is essential for the UNCRC to function as a stable and legitimate cornerstone of international children’s rights law.

Recommended Citation

Dalmia, Anshul Mr. (2026) "INVISIBLE, MANIPULATED, AND POLITICISED: RETHINKING THE CONCEPTUAL FOUNDATIONS OF THE UN CONVENTION ON THE RIGHTS OF THE CHILD," National Law School of India Review: Vol. 37: Iss. 1, Article 3.
DOI: 10.55496/FFKA1868
Available at: https://repository.nls.ac.in/nlsir/vol37/iss1/3

Digital Object Identifier (DOI)

10.55496/FFKA1868