Rights Of children

INTRODUCTION: Any person who has not attained maturity is considered as a Child. Human Rights begin with Child rights. Without child rights human rights has no value. Rights of children includes all rights starting from Right to Life, Right to food, clothing and shelter, Right to sanitation, Right to education, Right to dignity and lot more. Children are dependents, but it doesnt mean that their Rights are curtailed. Children are expected to be dominated and they are not given importance in various situations. This part of my project deals with few Rights of children and few International Conventions on Child Rights. INTERNATIONAL BILL OF RIGHTS: The Declaration on the Right of Child, 1959: The following are few points mention in this convention: 1. The child shall enjoy all the rights set forth in this Declaration. All children without any exception whatsoever, shall be entitled to these rights without distinction or discrimination on account of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whether of himself or his family. 2. The child shall enjoy special protection and shall be given opportunities and facilities by law and other means, to enable him to develop physically, mentally, morally, spiritually and social in a healthy and normal manner and in the conditions of freedom and dignity, in the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration. 3. The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He can be given education which promote his general culture and enable him on the basis of equal opportunity to develop his abilities, his individual judgment and his sense of moral and social responsibility and to become useful member of society. 4. The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form. The child shall not be admitted to employment before the appropriate minimum age. He shall in no case be caused or

permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development. 5. The child shall be protected from practice which may foster racial, religious and any other form of discrimination. He shall be brought up in a spirit of understanding, tolerance, and friendship among peoples. Peace and universal consciousness that his energy and talents should be directed to the service of his fellow men. OTHER CONVENTIONS: UNITED NATIONS CONVENTIONS ON THE RIGHTS OF CHILDREN (UNCRC): The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty that grants all children and young people (aged 17 and under) a comprehensive set of rights. The UK signed the Convention on 19 April 1990, ratified it on 16 December 1991 and it came into force on 15 January 1992. The UNCRC is presently the most widely ratified international human rights treaty. It is the only international human rights treaty to include civil, political, economic, social and cultural rights. It sets out in detail what every child needs to have a safe, happy and fulfilled childhood regardless of their sex, religion, social origin, and where and to whom they were born. All United Nations member states, except for the United States and Somalia, have ratified the Convention. The Convention gives children and young people over 40 substantive rights, including the right to:

special protection measures and assistance access to services such as education and healthcare develop their personalities, abilities and talents to the fullest potential grow up in an environment of happiness, love and understanding Be informed about and participate in achieving their rights in an accessible and active manner.

UNITED NATIONS INTERNATIONAL CHILDRENS EMERGENCY FUND (UNICEF): Overall Objective: To reduce HIV transmission and to reduce the impact of the epidemic, on children, young people and families, through increasing the effectiveness of national and intercountry responses to the HIV/AIDS epidemic in East Asia and the Pacific and providing practical support at community level, encouraging the full participation of people affected by HIV/AIDS. Specific Objectives:

To assist and facilitate achievement of objectives formulated for UNICEF Country Programs (national-level advocacy, capacity building, mainstreaming of HIV/AIDS into UNICEF programming, technical assistance for behavior development and change, reproductive health, care and support, and going to scale).

To facilitate and develop multi-country and multi-agency initiatives and responses to effectively reduce HIV transmission and the impact of HIV/AIDS on children, youth, women and families, and people with high-risk behavior.

To keep Country Offices and partners informed about emerging issues, assist with the development of effective responses to these issues, as well as facilitate exchange and sharing of information, experiences and resources.

To participate and help to coordinate new regional and country initiatives to reduce trafficking in women and children with HIV/AIDS/STD prevention and care activities.

Convention on the Rights of the Child: The most prominent UN manifestation to advance childrens rights is the CRC. The Convention was adopted by Resolution 44/252 of 20 November 1989 at the Forty-fourth Session of the UN General Assembly, and entered into force on 2 September 1990, in accordance with Article 49(1) of the CRC. To date, the Convention has 193 parties. Namibia ratified the CRC on 30 September 1990.The CRC, which consists of 54 Articles, incorporates the full range of human

rights civil, cultural, economic, political and social and creates the international foundation for the protection and promotion of human rights and fundamental freedoms of all persons under the age of 18.26 The Convention represents widespread recognition that children should be fully prepared to live an individual life in society, and brought up in the spirit of peace, dignity, tolerance, freedom, equality and solidarity. Although the Articles of the CRC are interrelated and should be considered together, the Committee on the Rights of the Child has accorded four provisions contained in the Convention, namely Articles 2, 3, 6 and 12, the status of general principles.27 The CRC is, therefore, founded on the following principles, which build the foundation for all childrens rights: The right to equality: No child may be discriminated against on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The best interest of the child has to prevail: Whenever decisions are being taken which may have an impact on children, the best interest of the child has to be taken into account at all stages. This applies to the family as well as to state action. The right to life and development: Every Member State has to ensure, to the maximum extent possible, the survival and development of the child by, inter alia, providing access to health care and education, and by protecting the child from economic and social exploitation. Respect for childrens own views: Children should be respected and taken seriously, and they should be involved in decision-making processes according to their age and maturity. The CRC follows a holistic approach to childrens rights, recognising that the rights anchored in the Convention are indivisible and interrelated, and that equal importance must be attached to each and every right contained therein. CASES DECIDED BY INTERNATION JUDICIAL ORGANS: Uganda v Congo This is the Case prosecuting Uganda's recruitment of child soldiers and other human rights abuses during its invasion and occupation of parts of the Democratic Republic of Congo.

It was decided that States parties to the Convention must take all feasible measures to ensure that persons who have not attained the age of 15 years do not take part in direct hostilities Alba v. Sillerico This is the Case concerning the placement of a child in an orphanage following allegations of abuse. The Court determined that childs request to be separated from his father should prevail over his father's right to custody JAPANESE Decision on the share in the inheritance of an illegitimate child This is the Case concerning inheritance rights of children born out of wedlock in Japan. Inheritance; discrimination based on parents' marital status. The Court upheld the provision of the Civil Code which states that the share of inheritance of a child who is born outside of wedlock is half that of a child born within marriage. The Provision unreasonably discriminates against children born out of wedlock in violation of Article 14 of the Constitution and should be null and void. Discrimination on the grounds of the parents' marital status at birth, for which the child is in no way responsible, exceeds the purpose of the law (i.e., the protection of marriage). Furthermore, Article 13 of the Constitution requires that "all people are respected as individuals" and Article 24 provides that "on matters concerning inheritance and family, laws should be enacted upon the basis of the dignity of individuals and the essential equality of men and women.

DECLARATIONS, COMMISIONS, SIMMITS AND REPORTS: World Declaration on the Survival, Protection and Development of Children: The commitment: We have agreed that we will act together, in international co-operation, as well as in our respective countries. We now commit ourselves to the following 10-point programmed to protect the rights of children and to improve their lives: 1. We will work to promote earliest possible ratification and implementation of the Convention on the Rights of the Child. Programmers to encourage information about children's rights should be launched world-wide, taking into account the distinct cultural and social values in different countries. 2. We will work for a solid effort of national and international action to enhance children's health, to promote pre-natal care and to lower infant and child mortality in all countries and among all peoples. We will promote the provision of clean water in all communities for all their children, as well as universal access to sanitation. 3. We will work for optimal growth and development in childhood, through measures to eradicate hunger, malnutrition and famine, and thus to relieve millions of children of tragic sufferings in a world that has the means to feed all its citizens. 4. We will work to strengthen the role and status of women. We will promote responsible planning of family size, child spacing, breastfeeding and safe motherhood. 5. We will work for respect for the role of the family in providing for children and will support the efforts of parents, other care-givers and communities to nurture and care for children, from the earliest stages of childhood through adolescence. We also recognize the special needs of children who are separated from their families. 6. We will work for programmers that reduce illiteracy and provide educational opportunities for all children, irrespective of their background and gender; that prepare children for productive employment and lifelong learning opportunities, i.e. through vocational training; and that enable children to grow to adulthood within a supportive and nurturing cultural and social context.

7. We will work to ameliorate the plight of millions of children who live under especially difficult circumstances - as victims of apartheid and foreign occupation; orphans and street children and children of migrant workers; the displaced children and victims of natural and man-made disasters; the disabled and the abused, the socially disadvantaged and the exploited. Refugee children must be helped to find new roots in life. We will work for special protection of the working child and for the abolition of illegal child labour. We will do our best to ensure that children are not drawn into becoming victims of the scourge of illicit drugs. 8. We will work carefully to protect children from the scourge of war and to take measures to prevent further armed conflicts, in order to give children everywhere a peaceful and secure future. We will promote the values of peace, understanding and dialogue in the education of children. The essential needs of children and families must be protected even in times of war and in violence- ridden areas. We ask that periods of tranquility and special relief corridors be observed for the benefit of children, where war and violence are still taking place. 9. We will work for common measures for the protection of the environment, at all levels, so that all children can enjoy a safer and healthier future. 10. We will work for a global attack on poverty, which would have immediate benefits for children's welfare. The vulnerability and special needs of the children of the developing countries, and in particular the least developed ones, deserve priority. But growth and development need promotion in all States, through national action and international cooperation. That calls for transfers of appropriate additional resources to developing countries as well as improved terms of trade, further trade liberalization and measures for debt relief. It also implies structural adjustments that promote world economic growth, particularly in developing countries, while ensuring the well-being of the most vulnerable sectors of the populations, in particular the children.

Removal of children without automatic judicial review held to be a breach of childrens rights: South Africas Constitutional Court has overturned legislation that enabled state officials to remove children from family care without requiring prompt and automatic judicial review. The majority of the Constitutional Court held that prompt judicial review of decisions to remove children from their families is in the best interests of children and is necessary to safeguard the right to access to justice. Therefore, the Childrens Act was held to be inconsistent with section 28 (rights of the child) and section 34 (access to justice) of South Africas Bill of Rights The first applicant, Mrs. C, was repairing shoes on a street corner. He had his three year old daughter with him because his partner, who usually cared for the child, had been hospitalized. Ms M, a blind woman, was accompanied by her two daughters, aged one and four, while begging. Social workers removed these children from their parents care in accordance the Childrens Act, which enabled authorized persons to remove children deemed to be in need of care and protection. Pursuant to the Childrens Act, the removal decisions were to be reviewed by a childrens court after 90 days, during which time the social workers were required to investigate and compile a report. The legislation did not require automatic judicial review before the end of the 90-day period. With the assistance of human rights lawyers, the parents challenged these decisions in the High Court. The High Court ordered that Mr. Cs child be returned to his care, although Ms Ms daughters were ordered to remain in state care. In reaching its decision, the High Court also held that provisions of the Childrens Act authorizing the removals were unconstitutional. The Constitutional Court was called on to confirm the High Courts declaration of unconstitutionality. SAARC Decade of the Rights of Child (2001-2010) Third Ministerial Conference on the Children of South Asia held in August 1996, at Rawalpindi recommended the observance of the SAARC Decade of the Rights of the Child (2001-2010).

During the Eleventh SAARC Summit (Kathmandu, 4-6 January 2002, the Leaders directed the Council of Ministers to take concrete steps to give priority to investing in children as an effective means for poverty reduction in the long run. Reaffirming their commitment to the Colombo Plan of Action and the Rawalpindi Declaration and recalling the declaration of 2001 to 2010 as the SAARC Decade of the Rights of the Child, the Heads of State or Government noted with appreciation the South Asia High-level Meeting on Children held in Kathmandu in May 2001. The Expert Group Meeting to finalize the In-depth Assessment Report of the implementation of the SAARC Decade of the Rights Rights of Child (2001-2010) which was held at the SAARC Secretariat on 2 April 2010.

CHAPTER 2:
INTRODUCTION: Children signify eternal optimism in the human being and provide potential for the development. Every nation whether developed or developing links its future with the status of the child. A child of today cannot develop to be a responsible and productive member of tomorrows society unless an environment, which is conducive to his social and physical health, is assured to him. Neglecting children means loss to the society as a whole. If the children are deprived of their childhood-socially, economically, physically and mentally the nation gets deprived of the potential human resources for social progress, economic empowerment, peace and order, social stability and good citizenry. India has the largest number of children in the world. Indias heritage of a stable family life and traditional joint family system helped children grow into an atmosphere of warmth and affection into a secure future. However, with the changing socio-economic vertices weakening of the institution of joint family and resulting nuclearization of the families children were deprived of that enabling atmosphere and were propelled into an atmosphere where the parental care to the childhood started being shared with the institutions like school. In the rural set up too, there has

been a trend towards the nuclearization undermining the emotional, psychological and the social support, which used to go into the childs upbringing. Besides, in the poorer families the children also started to share the burden of running the households. These children were deprived of Both parental and institutional care, even where institutional care was available to the children, it was a very poor substitute to the parental care. CONSTITUTIONAL PROVISIONS: Though the concept of the rights of the child was not very lucid at the time of making of the Constitution, it was envisioned that children are the assets of the country. They need protection and provisions to develop in complete beings capable to steer the nation. The Indian Constitution contains certain provisions specifically aimed for protection, development and welfare of children. Art.24 prohibits the employment of children in any factory or mine or in any other hazardous occupation. Art. 39 (e) & (f) in DPSP lay down that the state shall direct its policy in such a manner that the tender age of the children is not abused and children are given opportunities and facilities to develop in a healthy manner and the childhood is protected against exploitation and against moral and material abandonment. Art. 21 A (vide 86th Amendment) provide the fundamental right to primary education to the children in the age group of 6-14 years. Art. 45 in the DPSP creates provision for the early childhood care and education of children. OTHER LEGISLATIVE SUPPORT TO THE CHILD RIGHTS There are a host of other legislations, which guarantee to a substantial extent the rights and entitlements as provided in the Constitution and in the UN CRC 1. The Child Marriage Restraint Act, 1929 2. The Children (Pledging of Labour) Act, 1933 3. The Factories Act, 1948 4. The Apprentices Act, 1961 5. The Womens and Childrens Institutions (Licensing) Act, 1956 6. The Mines Amendment Act, 1983 7. The Child Labour (Prohibition and Regulation) Act, 1986

8. The Immoral Traffic (Prevention) Act, 1986 9. The Guardian and Wards Act, 1890 10. The Hindu Minority and Guardianship Act, 1956 The Hindu Adoption and Maintenance Act, 1956 11. The Orphanages and Other Charitable Homes (Supervision And Control) Act, 196 12. The Probation of Offenders Act, 1958 13. The Reformatory Schools Act, 1897 14. The Young Persons Harmful Publications Act, 1956 15. The Infant Milks Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution Act, 1992 16. The Prenatal Diagnostic Technique (Regulation, Prevention and Misuse) Act, 1994 17. The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 18. The Juvenile Justice Act, 2000 (Source: India Country Report to the UN CRC, 1997) It is note worthy that among these legislations 4 belong to the pre independence era, long before the international community started recognizing the rights of the child. Obviously these legislations are meant for the benefit of children but are divorced with the rights approach. At best they can seem to be invested with protectionist welfare approach. Even in the legislations carried out after India became a signatory to the CRC (only 3), the welfare approach is all-pervasive. They aim at welfare of the children rather than according them any justiciable rights. THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS: The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005). The Commission's Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in

the Constitution of India and also the UN Convention on the Rights of the Child. The Child is defined as a person in the 0 to 18 years age group. The Commission visualises a rights-based perspective flowing into National Policies and Programmes, along with nuanced responses at the State, District and Block levels, taking care of specificities and strengths of each region. In order to touch every child, it seeks a deeper penetration to communities and households and expects that the ground experiences inform the support the field receives from all the authorities at the higher level. Thus the Commission sees an indispensable role for the State, sound institution-building processes, respect for decentralization at the level of the local bodies at the community level and larger societal concern for children and their well-being.

CASES DECIDED BY JUDICIAL ORGANS: Lakshmi Kant Pandey v. Union of India: [(1984) 2 SCC 244; AIR 1984 SC 469] This is an extremely important case relating to the adoption of Indian children by persons inside and outside India. In the absence of legislation, the Supreme Court framed elaborate guidelines in the matter. There was no law to regulate inter-country adoptions and such lack of legal regulation could cause incalculable harm to Indian children. Considering the possibility of child trade for prostitution as well as slave labor, legal regulation of such adoptions was essential. Therefore, Justice Bhagwati created a scheme for regulating both inter-country and intra-country adoptions. The Supreme Court held that any adoption in violation of or non-compliance with may lead adoption to be declared invalid and expose person concerned with to strict action including prosecution. For years, social activists have used these directions to protect children and promote desirable adoptions. The Government of India framed a national policy in this regard. Also Indian Council for Social Welfare v. State of A.P.[(1999) 6 SCC 365] M.C.Mehta v. State of T.N.: [(1996) 6 SCC 756; AIR 1997 SC 699] The Supreme Court directed that the employers of children below 14 years must comply with the provisions of the Child Labour (Prohibition and Regulation) Act providing for compensation, employment of their

parents / guardians and their education. Also Bhandhua Mukti Morcha v. Union of India [(1997) 10 SCC 549; AIR 1997 SC 2218] Gaurav Jain v Union of India: [(1997) 8 SCC 114; AIR 1997 SC 3021] The Supreme Court held that the children of the prostitutes have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be part of the mainstream of social life without any prestigma attached on them. The Court directed for the constitution of a committee to formulate a scheme for the rehabilitation of such children and child prostitutes and for its implementation and submission of periodical report of its Registry.

POLICIES: The National Policy for Children was adopted on 22nd Aug., 1974. This Policy lies down that the State shall provide adequate services towards children, both before and after birth and during the growing stages for their full physical, mental and social development. The measures suggested include amongst others, a comprehensive health programme, supplementary nutrition for mothers and children, free and compulsory education for all children up to the age of 14 years, promotion of physical education and recreational activities, special consideration for children of weaker sections like SCs and STs, prevention of exploitation of children, etc. The Government of India adopted the National Charter for Children which has been prepared after obtaining the views/comments and suggestions of the State Governments/UT Administrations, concerned Ministries and Departments and experts in the field India acceded to the UN Convention on the Rights of the Child on 11th Dec., 1992 to reiterate its commitment to the cause of children. The objective of the Convention is to give every child the right to survival and development in a healthy and congenial environment.

SCHEMES: Several Ministries and Departments of the Government of India are implementing various schemes and programmes for the benefit of children. Some of the Schemes and Programmes being implemented by the Ministry of Women and Child Development are as under: Integrated Child Development Services (ICDS) Scheme: The Ministry of Women and Child Development has launched. The Scheme provides crche services to the children of age group of 0 to 6 year, which includes supplementary nutrition, emergency medicines and contingency. The Scheme has been named as Rajiv Gandhi National Crche Scheme for the Children of Working Mothers. . Programme for Street Children is being implemented by the Ministry of An Integrated Women and Child Development specifically for those children who are on streets and homeless and include the rag picking and vagabond children. The Scheme aims at providing full and wholesome development of children without homes and family ties. The children without homes and family ties and children especially vulnerable to abuse and exploitation such as children of sex workers and children of pavement dwellers are the target group for this Programme. Financial assistance is provided to the NGOs who are eligible and working for the welfare of the street children, for Formal & Non-formal Education, Shelter Home, Vocational Training to Children, Nutrition, health care, sanitation and hygiene, safe drinking water, education and recreational facilities and protection against abuse and exploitation. Integrated Programme For Juvenile Justice: Some special features of the scheme areas:

Establishment of a National Advisory Board on Juvenile Justice Creation of a Juvenile Justice Fund. Training, orientation and sensitization of Judicial, administrative police and NGOs responsible for implementation of JJ Act.

Institutional care shall be used but only as a last measure by enlarging the range of suitable alternatives.

Financial assistance to bring about a qualitative improvement in the existing infrastructure.

NGOs: Child line India Foundation (CIF): It has been set up as a nodal organization, supported by Government of India, to monitor and ensure the qualitative development of the Child line service across the country. Child line is a toll free telephone service (1098) which anyone can call for assistance in the interest of children. It has prescribed minimum quality standards for the services to be provided by its partner organizations that are implementing Child line programmers in various cities of the country. CIF is also involved in awareness and advocacy in order to strengthen the efforts relating to child welfare. Sambhav Social Service Organization is a voluntary agency working in the areas of rural and urban development, child education and women empowerment through advocacy, direct program interventions and capacity building of the community to access the benefits of State Programs. Sambhav has a deeply rooted goal to bring about a change in the lives of deprived communities through peoples organization and capacity building. It has been actively involved in the organizing Sahariya Tribal communities to assert their rights of equality, Health, food and secured livelihood and a respectful place in the society. Education is A Basic Child Right: Case Study Suman comes from himmatgarh, a village 40 km north from the District headquarter of Shivpuri District of Madhya Pradesh. Suman is one of those girls who have been facing a barrier in attending schools due to lack of interest of parents in girl child education and assuming homely responsibilites to be only of the girls. On contacting the school in himmatgarh, the teacher shared that most of the girls have been attending school , except for Suman, whose parents have been tried to made understand , the importance of education in the overall development of a girl. Following the meeting with the

children Ramsevak visited suman and asked her , why she was not attending school. Suman said that she does want to come to the school, but her parents are of an opinion that school is not about education anymore, but more of an institution for distribution for mid-day meal. The next step was to do IPC with the parents of Suman, who were explained why girl child education is important not only for the overall development of the girl, but also how education contributes to the health, education and poverty reduction of the family. On the completion of the counseling session, Sumans parents shared that they wanted suman to stay home, to look after the household tasks, while they were out for work, but now since the organizations, government and schools are themselves making efforts to ensure education for all they must now participate in this global campaign. Today Suman is in 10th standard and has secured 86% marks in her examinations. Suman is one of those who serves as an example for the entire community on how education transforms lives. CONCLUSION: Children are the gift of god. Todays children are tomorrows youth, youths are the future of the nation. The importance of childrens right must be felt in each and every individuals mind. There are so many legislations passed to pretect the child rights. Not just in human rights concept or under law we have the moral obligation to proyect the rights of children.

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