Ariticle5Family guidance as children develop
This article establishes that States Parties to the Convention should respect the responsibility, rights and obligations of parents or legal guardians to provide appropriate guidance and supervision in the child's exercise of the rights recognised throughout the Convention.
The responsibilities, rights and duties to provide appropriate direction and guidance
There are two important points to consider when it comes to the nature of “appropriate directions and guidance.”
The first is that any action that interferes with the exercise of the rights of the child guaranteed by the Convention as a whole does not constitute “appropriate directions and guidance.” It can rather be said that such acts are forbidden by the Convention as a whole in its entirety. The second point is a part of the article “in a manner compatible with the child's developing capacities.” This states that parents should allow their children to make decisions (based on the expansion and development of the child's own capacities).
In other words, this article stipulates two principles: that the various rights of parents towards their children are never absolute or sacrosanct, and that the rights of the child must not be undermined by the exercise of parental rights.
Definitions of words in this article
In this article, the words “parents,” “members of a large family or community as defined by local custom,” “legal guardians” and “other persons legally responsible for the child” are used. In Japan, those words in this article refer to “father and mother,” “adoptive parent”, “person in parental authority,” “person exercising parental authority,” “guardian of a minor,” “supervisor of a guardian of a minor,” “legal representative” and “relative” in the Civil Code, as well as “head of child welfare institution,” “foster parent,” “entrusted guardian” in the Child Welfare Act, and “guardians” described in the Juvenile Law. This article is also deeply related to Articles 16 and 18 of the present Convention, and Article 14(2) provides for the “freedom to manifest one's religion or beliefs by children based on the purpose of this article.” For a detailed explanation of each article, visit the relevant pages.