THIRD GENERATION RIGHT: SOCIAL DEVELOPMENT OF CHILD

The right to social development of child, as we will see, is certain to be recognised

more and more with time, but to what extent it will be protected, respected and fulfilled
depends on the will of mankind. If we are willing to execute resources in this field, no child
shall ever be deprived of his right to social development.
An Overview
Czech jurist Karel Vasak, in 1979, at the International Institute of Human Rights in
Strasbourg, propounded the division of Human Rights into three generations.1 He based his
division on the three indispensable pillars of the French Revolution: Liberty, Equality and
Fraternity2 with the first generation being the civil and political rights (Liberty), the second
generation being the economic, social and cultural rights (Equality), and the third generation
being those rights that go beyond the mere politico-civil, and socio-economic and cultural
rights (Fraternity).3 A few examples of these third generation rights are: right to economic
development, right to social development, right to environment, right to self-determination
etc.
The Oxford Dictionary defines development as the process of developing or being
developed or a specified state of growth or advancement4. Development is often measured in
terms of economics leading to distorted development because many a time economic
development is not the attendant degree of social progress5. Therefore, when we speak of
development, we must heed the economic and social development standards in tandem
(emphasis supplied). After all, people are the real wealth of a nation. The basic objective of
development is to create an enabling environment for people to enjoy long, healthy and
creative lives. This may appear to be a simple truth. But is often forgotten in the immediate
concern with the accumulation of commodities and financial wealth6.
Social Development facilitates this as its epicentre is peoples welfare thereby
committing to the idea that development needs to benefit the people7. However, this does
1 Karel Vasak, "Human Rights: A Thirty-Year Struggle: the Sustained Efforts to give Force of
law to the Universal Declaration of Human Rights" (Paris, November 1977).
2 Ibid.
3 Ibid.
4 Concise Oxford English Dictionary (12th edn. Oxford University Press 2011).
5 James Midgley, Social Development: The Developmental Perspective in Social Welfare
(Sage 1995) 3-4.
6 UNDP, Human Development Report (Oxford University Press 1990) 9.
7 Ibid 13; Copenhagen Declaration on Social Development, Principle 26(a); <
www.indsocdev.org/defining-social-development.html> Accessed on 15 November 2014.

not mean that social development deals only with individuals. Rather it is a collective
entitlement8 dealing with the society as a whole thereby making it comprehensive and
universalistic. Moreover social developments most distinctive feature is that it associates
both social and economic development efforts thus making it interdisciplinary and
progressive in nature9 (emphasis supplied).
Right to social development is an extension of Roosevelts propaganda of Freedom
from Want10. This essay will discuss the right to social development but vis--vis that of the
child. Children are a pivotal and indispensable part of our society and the future of tomorrow.
This is also evident from the fact that even the United Nations (UN), and by extension the
entire world, attaches impeccable importance to social development of the child. This is the
reason why the UN Convention on the Rights of the Child (CRC) 1989 remains till date the
greatest success story of the UN11. Moreover, the World Summit on Social Development at
Copenhagen in 1995 has many articles, principles and commitments related to development
of child12. Therefore it is the need of the hour to focus on the social development of the child.
Children are more victims and less perpetrators. Adults always have a choice. Children do
not. If they commit a crime it is because of their upbringing or social development; or lack of
it, perhaps?
Specifically this essay will deal with the childs right against abuse. I chose this topic
because I strongly feel and believe that if a child leads a happy and dignified life, we shall
never hear of any child in conflict with the law nor will there be cases of juvenile
delinquency. I also feel that violation of this one right in fact leads to violation of many other
vital child rights like right to education, right to life, right to family etc.
Historical Development of the Right
Historically, children were ignored as if they never existed. Their rights were unheard
of and they had to do as told. Even the Magna Carta13 did not deal with the right to social
development of child. However, with the passing of the Poor Laws in the fifteenth century
8 Bantekas and Oette, International Human Rights Law and Practice (Cambridge
University Press 2013) 484.
9 Midgley (n.5) 23.
10 USA President Franklin D Roosevelts Annual Message to Congress on the state of the
Union on 01/06/1941 <http://www.fdrlibrary.marist.edu/pdfs/fftext.pdf> Accessed on 06
December 2014.
11 The Convention has been ratified by all Member States except USA, Somalia and South
Sudan.
12 Article 16, Principle 26 (j), Commitment 2 (b), Commitment 3 (i), Commitment 6 (a, c, d,
f, l, y) of the World Summit for Social Development, Copenhagen, UN Document
A/CONF.166/9 (1995).

which continued till the mid twentieth century14 we can say that the idea of development and
providing social security had begun penetrating the walls of state authority15.
The first document to which we can trace the recognition of child is the
Massachusetts Body of Liberty, 164116. While a definition of child is not provided in the
document, however a comprehensive reading of Articles 1117 and 5318 tells us that the age of
twenty-one was the defining age and anyone below that age was to be understood to be a
child. Also articles 81-84 speak of Liberties of children and though it deals with inheritance
and marriage rights only it is definitely a step in the right direction insofar as it not only
recognises child and their rights but rather their social rights (emphasis supplied).
During the Middle Ages, in England, the Church took care of the destitute and sick.
However, in the sixteenth century, the state began to accept its welfare role and passed many
Acts of Parliament furthering the same. In 1722 the Parliament encouraged the building of
workhouses without prior requirement of an Act of Parliament. However, by 1782 these
workhouses were to be reserved for the children, aged and infirm19. Thus, the orthodox belief

13 Magna Carta 1215 was a Charter issued by King John on 12 June 1215. Though originally
designed to restrain the growing tensions between the King and the Barons, the provisions
contained therein took it beyond its scope making it the first document that spoke of human
rights. Known as the Great Charter, it is said to be the first document dealing with human
rights.
14 Pauline Gregg, A Social and Economic History of Britain (1760-1960) (3rd edn., George
G Harrap & Co. Ltd. 1962) 180-204.
15Ibid. The Poor laws were a series of Acts passed by the British government providing for
doles to the insolent dissolute destitute. The State hereby took upon itself the responsibility of
taking care of its people. Special doles were made available to the children.
16 This was the first legal code established by the British colonists as they began to expand
their empire outside of England and into the Americas. The Massachusetts Body of Liberties
was similar to Clause 39 of the Magna Carta which stated that No freeman shall be taken or
imprisoned, or be disseised of his freehold, or liberties, or free custom, or be outlawed, or
exiled, or any other wise destroyed; nor will we pass upon him nor condemn him, but by the
Lawful Judgment of his Peers or by the Law of the Land <http://www.bl.uk/magnacarta/articles/magna-carta-english-translation> Accessed on 01 December 2014. The
Preamble to the Massachusetts Body of Liberties 1641 also explicitly states that this
document echoes the Magna Carta <http://www.winthropsociety.com/liberties.php>
Accessed on 01 December 2014.
17 All persons which are of the age 21 years and of right understanding and memory, whether
excommunicate or condemned, shall have full powers to make their wills and testaments, and
other lawful alienations of their lands and estates: Article 11, Massachusetts Body of Liberties
1641 <http://www.winthropsociety.com/liberties.php> Accessed on 01 December 2014.
18 The age of discretion for passing away of lands or such kind of herediments, or for giving
votes, verdicts or sentence in any civil courts or causes, shall be one and twenty years: Article
53, Massachusetts Body of Liberties 1641 <http://www.winthropsociety.com/liberties.php>
Accessed on 01 December 2014.

that State was only supposed to perform police functions was slowly giving way to the liberal
concept of welfare state.
The late 17th and 18th centuries were marked by illustrious revolutions in rest of the
world. However be it the American Revolution (1763-87) or the French Revolution (178999), there was no mention whatsoever of child or social development of the child.
During the early nineteenth century, people began to demand their right to health,
clean environment, water, fresh air, clean streets etc20. As a result of these the Public Health
Acts began to be passed in England21. In 1840 the infant mortality rate in Britain was 144
deaths per 1000 live births which shot up to 163 deaths per 1000 births in 1899. The Womens
Cooperative Guild22 called for reforms like child care, free school, maternity care etc. In 1904
a Parliamentary Report called for regular medical service to school children, setting up of day
nurseries for children of workers and prohibited sale of tobacco to children. In 1906 with the
coming of the Liberal Government and subsequent reforms, school meals were provided to
the needy children. By 1907 the schools had to give medical care to children23. Thus we can
see that social development of the child had begun by the mid-nineteenth and early twentieth
centuries.
The outbreak of the First World War (1914-1919) however abruptly stalled all talk of
development whatsoever. Nevertheless with the birth of the League of Nations began a new
era in the history of social development of the child. The problem of child exploitation and
child abuse were specifically recognised in the Leagues Charter24.
Moreover perhaps the most significant development of this time was the adoption of
the 1924 Geneva Declaration on Rights of the Child25. Herein was laid down the indisputable
foundational principle that mankind owes to the child the best that it has to give26. It laid
down five basic rights of the child i.e. right to development, right to food, care, and shelter,
right to be the first to receive relief in times of distress, right to earn and protection against
19 J.L. Hammound and Barbara Hammound, The Age of the Chartists, 1823-1854: A Study
of Discontent (Longmans, Green & Co. 1930) 56.
20 Ibid (n.14) 19.
21 Ibid (n.14).
22 Formed in 1883 in England.
23 <http://www.bbc.co.uk/bitesize/standard/history/1830_1930/public_health/revision/3/>
Accessed on 02 December 2014.
24 Article 23 (a) of the Charter of the League deals with child exploitation while Article 23
(c) speaks about child abuse. The League of Nations was formed post the First World War to
prevent such future wars but in vain.
25 Adopted on 26 September 1924 by the League of Nations < http://www.undocuments.net/gdrc1924.htm> Accessed on 02 December 2014.
26 Preamble to the Geneva Declaration 1924 < http://www.un-documents.net/gdrc1924.htm>
Accessed on 02 December 2014.

exploitation, and right to consciousness27. These fundamental principles would go on to lay

the foundation for the subsequent 1989 UN Convention on the Rights of the Child.
A pioneer organisation dawned in 1927 in the form of the Inter American Childrens
Institute. A specialised body of the Organisation of American States (OAS), it has been
working in line with all the member states of the OAS promoting child rights and childrens
well-being28. The rights enshrined therein are right to life, right to education, right to
specialised education, right to maintain and develop personality, right to nourishment, right to
full economic assistance, right to land, right to social consideration and right to joy. This is
conspicuous because not only a collective entity like the League was recognising and giving
importance to the child but so were region-specific organisations.
Unfortunately this development process again got shelved with the outbreak of the
Second World War (1939-1945).
Relevant International Instruments post Second World War
Post the Second World War, the world leaders recognised that there was an imperative
prerequisite for development heeding the vast destruction caused by the war. Thus when the
United Nations (UN) Charter29 was drafted, the Preamble30 and many articles31 dealt with
development hoping to create stable conditions. The UN took it upon itself to promote:
a) Higher standards of living, full employment, and conditions of economic and
social progress and development;
b) Solutions of international economic, social, health, and related problems; and
international cultural and educational co-operations; and
c) Universal respect for, and observance of, human rights and fundamental freedoms
for all without distinction as to race, sex, language, or religion32.

27 Principles in the Geneva Declaration 1924 < http://www.un-documents.net/gdrc1924.htm>

Accessed on 02 December 2014.
28 <http://www.iinadmin.com/public/uploads/files/EN_Presentacion_Institucional_2012.pdf>
Accessed on 02 December 2014. The conception of this Institute was done in 1919 in
Montevideo by Dr. Luis Marquivo, the then President of the Pan American Child Congress
and on 09 June 1927 was signed the Memorandum of Foundation of the Institution. The
Institute became a part of the OAS in 1949.
29 The UN Charter was founded on the Declaration on the Essential Rights of the Man
proposed at the San Francisco Conference in 1945, and was adopted on 26 June 1945 and
came into force on 24 October 1945.
30 Preamble to the UN Charter, to promote social progress and better standards of life in
larger freedom to employ international machinery for the promotion of the economic and
social advancement of all peoples, HAVE RESOLVED TO COMBINE OUR EFFORTS TO
ACCOMPLISH THESE AIMS.
31 Articles 1(3), 13(1)(b), 55-7, 62, 73(a,d) and 76(b,c,d) of the UN Charter 1945.
32 Article 55 of the UN Charter.

In accordance with Article 56, all members pledge themselves to take joint and
separate action in co-operation with the Organisation for the achievement of the purpose set
forth in Article 55.
The UN drafters also created the Economic and Social Council (ECOSOC) as one of
the main organs of the UN whose primary responsibility is to deal with international social,
economic, culture, education, health and matters related thereto33.
The UN is determined to save succeeding generations34. These steps clearly portray
that the fathers of the UN viewed social development of child as one of the prime concerns
and responsibilities of the world for if we look at the wordings of each of the articles
mentioned hereinabove, we can see that the words used are all35, peoples36, inhabitants37
and nationals38, not men and/or women. Therefore a comprehensive reading of the
aforesaid provisions imply that the ultimate aim of the founders was not just to protect the
children from war but to give them a world which would be home to equality, liberty, justice
and development.
In line with its Principles and Purposes, the UN, specifically the ECOSOC, set up the
Social Commission 39 in 194640. However the Commission came to the forefront after the
World Summit for Social Development at Copenhagen in 1995, and so for facilitation
purpose, the Commission shall be considered when discussing about the Copenhagen
Summit.
In 1948 was laid the foundation for the protection and promotion of human rights in
the form of the Universal Declaration of Human Rights (UDHR)41. This pivotal document

33 Article 62(1) of the UN Charter.

34 Introductory line of the Preamble to the UN Charter.
35 Articles 1(3), 13(1)(b), 55-7, 73 (c,d) of the UN Charter.
36 Article 73(a) of the UN Charter.
37 Article 76(b) of the UN Charter.
38 Article 76(d) of the UN Charter.
39 It was renamed as the Commission for Social Development in 1966.
40 Established by ECOSOC Resolution 10 (II) 1946. It advises ECOSOC on general social
policies and on all social matters not covered by the specialised inter-governmental agencies.
41 Drafted by the ECOSOC and adopted by UN General Assembly Resolution 217A (III) on
10 December 1948. Initially when the ECOSOC was given the responsibility of drafting a
human rights instrument, it was decided to have a declaration setting forth the general
principles of human rights (which we know today as the UDHR) and a convention or
covenant containing binding commitments (which we know as the International Covenant on
Civil and Political Rights - ICCPR, and the International Covenant on the Economic Social
and Cultural Rights - ICESCR).

also speaks of social development in its Preamble42 and many of its Articles43. While one can
argue that these are primarily human rights, it is in fact by way of protection and promotion of
these very rights that social development can be realised.
The UN took over the Geneva Declaration44 in 1946 but finding loopholes in the same,
the UN General Assembly adopted the Declaration on the Rights of the Child, 195945. This
Declaration too was based on the premise that mankind owes to the child the best that it has
to give46. This Declaration was in furtherance to the will of the legislators of the UN Charter47
as well as Article 2 of the UDHR48; the child, by reason of his physical and mental
immaturity, needs special safeguards and care, including appropriate legal protection, before
as well as after birth49. Guaranteeing right to development and protection against
exploitation, this Declaration laid down ten principles50. Specifically, for the purpose of this
essay, the incorporation of Principles 2 and 9 (first part) explicitly portrays that the legislators
not only recognised the problem of exploitation and abuse of the child but also had a resolve
to address the same. Also, by devising the child at the centre of the system, they also disclosed
the importance of children in the development of the society.
Now in 1966 was born the International Covenant on the Economic Social and
Cultural Rights (ICESCR)51 - an important entre in the pathway to achieving social
42 Fifth para of the Preamble to the UDHR: have determined to promote social progress
and better standards of life in larger freedom 1945.
43 Articles1, 2 (Para 1), 3, 4, 5, 16, 22-9 of the UDHR 1948.
44 Geneva Declaration of the Rights of the Child, 1924 adopted by the League of Nations on
26 September 1924.
45 UN General Assembly Resolution 1386 (XIV) adopted unanimously by all 78 Member
States of the UN General Assembly (which was the full membership at that time) on 20
November 1959.
46 Last Para of the Preamble to the UN Declaration of the Rights of the Child 1959.
47 First para of the Preamble to the UN Declaration on the Rights of the child 1959. Preamble
to the UN Charter (n.13) reiterated herein.
48Second Para to the UN Declaration on the Rights of the Child 1959. Article 2 of the UDHR
states that everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind.
49 Third Para to the Preamble to the UN Declaration on the Rights of the Child 1959.
50 Principles 1: Right to Equality without discrimination; Principle 2: Right to special
protection for a healthy and normal development keeping in mind the best interest of the
Child; Principle 3: Right to name and nationality; Principle 4: Right to benefit of social
security; Principle 5: Special treatment, education and care to differently abled child;
Principle 6: Right to love and understanding of the parents and society; Principle 7: Right to
education; Principle 8: Right to receive protection and relief first; Principle 9: Right against
cruelty, neglect, exploitation, traffic and employment before a minimum age; Principle 10:
Right to be brought up in a spirit of understanding, tolerance, friendship among people, peace
and universal brotherhood.

development - in which Articles 952, 1053, 1154, 1255, 1356 and 1457 specifically bequeath the
social rights. As stated earlier58, while drafting of the conventions continued after the UDHR
came into force, there was significant debate over the importance of the negative civil and
political rights which mandated the states to abstain from doing certain acts, vis--vis the
positive economic social and cultural rights which obligated the states to do everything within
their power and resources to ensure its protection and furtherance. However remarkably the
ICESCR has 162 ratifications59. Moreover all the Articles cited above apply to everyone.
Thus the right to social development of child has been increasingly recognised with time.
Nonetheless, in the disparate world that we live in, where states prefer acquiring defence
equipment than allocating resources for basic fundamental rights, to what extent can the right
to social development of child be protected, respected and fulfilled?
Taking cue from the UN General Assembly Resolution 1161 (XII)60 that development
would contribute to not just social progress and better standard of living but also to
international peace and security provided it was an integrated and balanced economic and
social development, the Final Act of the International Conference on Human Rights at Tehran
in 1968 categorically stated that when deprived of economic, social and cultural rights, man
does not represent the human person whom the Universal Declaration regards as the ideal of
man61 (emphasis supplied). Further it was specified that in the modern world the enjoyment
of civil and political rights and freedoms requires the realisation of economic, social and
cultural rights and that these human rights and fundamental freedoms are closely
interconnected and interdependent62. However it did remark that there was a need for further
51 Adopted on 16 December 1966 and came into force on 03 January 1976 after much
deliberation over the negative civil and political rights and positive economic social and
cultural rights; Ref n.21.
52 Right to social security, including social insurance.
53 Right to marriage and family.
54 Right to adequate standard of living.
55 Right of everyone to highest attainable standard of physical and mental health.
56 Right to education.
57 Positive obligation on State Parties to take steps furthering right to education as enshrined
in Article 13.
58 Ref n.42.
59 As on 25 November 2014 < https://treaties.un.org/pages/viewdetails.aspx?
chapter=4&lang=en&mtdsg_no=iv-3&src=treaty> Accessed on 25 November 2014.
60 Adopted on 26 November 1957.
61 Reiterated UN General Assembly Resolution 421E (V)
<http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/421(V) >Accessed on 26
November 2014.
62 <http://legal.un.org/avl/pdf/ha/fatchr/Final_Act_of_TehranConf.pdf >Accessed on 26
November 2014.

measures to attain full realisation of economic and social rights63 as mentioned in the UDHR
and the ICESCR. The Tehran Conference reiterated the position that lasting progress in
human rights implementation can only be realised if there are effective social and economic
developmental policies, both nationally and internationally which in turn depends on
mankinds will.
The 1969 UNGA Resolution on the Declaration on Social Progress and
Development64, amongst other principles and objectives detailed therein, affirmed that social
development aims at the continuous raising of the material and spiritual standards of living of
all members of society with respect for and in compliance with human rights and fundamental
freedoms65 (emphasis supplied).
However, a momentous timeline in the history of social development is the
Declaration on Right to Development, 198666. This Declaration is vivacious because this was
the first time that right to development was declared an inalienable human right67. Everyone
was entitled to participate in and contribute to the economic, social, cultural and political
development in which all human rights and fundamental freedoms can be realised68. As
mentioned before in this essay, development cannot be measured just in economic terms. This
Declaration substantiates this by stating that development is a comprehensive process69. Also,
by declaring the right to be a human right, the applicability of this Declaration is on all children included70. While the Declaration places the human person as the central subject of
development71, it is an improvement over its predecessors as it does not impose obligations
only on the nation states for ensuring development. It, in fact, obliges the responsibility of
development on all human beings, individually and collectively, because it is only by striking
a balance between rights and duties of people that one can ensure free and complete
fulfilment of the human being72. Further the Declaration emphasises that the developmental
rights are indivisible and interdependent73. However, a very important component of the
63 Ibid.
64 UN General Assembly Resolution 2542 (XXIV) adopted on 11 December 1969.
65 Ibid - Part II Objectives.
66 UN General Assembly Resolution 41/128 adopted on 04 December 1986.
67 Last Para of the Preamble to the Declaration on the Right to Development, 1986.
68 Article 1 (1), Declaration on the Right to Development, 1986.
69 The Declaration incorporates within its arena economic, social, cultural and political
development thereby implying that development in just one sphere is not development
enough.
70 In accordance with the UN Charter and International Bill of Rights. Ref. n.16-20
71 Article 2 (1) of the Declaration on the Right to Development, 1986.
72 Article 2 (2) of the Declaration on the Right to Development, 1986.
73 Article 9 (1) of the Declaration on the Right to Development, 1986.

Declaration is that it can be invoked not just by individual but peoples74. Thus, the
Declaration expressly and overtly recognised not just the first and second generation rights,
but also the third generation rights. It is worthwhile to remember that the right to development
is not charity, but about enablement and empowerment.
This was followed by, theoretically, the greatest success story of the UN till date the
Convention on the Rights of the Child, 198975. This was the first ever comprehensive
instrument focussing entirely on children and their civil, political, social, economic and
cultural rights. This is the only UN Convention that has been ratified by all member states but
three76, which means that, in principle, all the countries agree that children are particularly
vulnerable and require that extra care and protection. Article 34 of the Convention provides
for the childs right to protection from sexual exploitation and sexual abuse. However
practical respect for, protection and fulfilment of the obligation undertaken by the world by
ratifying this Convention remains a big question. Be it developed superpower like the USA77,
developing countries like India, or under-developed nations like Tanzania, violation of right to
social development of child is not uncommon. The question of whether states are doing
enough for children in their jurisdiction is difficult to answer because, unfortunately,
furtherance of this right depends on resource availability, which varies from state to state and
region to region. But more than the availability, it depends on allocation bringing us back to
the will of mankind.
Nonetheless, the Vienna Declaration and Programme of Action 199378 reaffirmed, by
way of complete consensus of all the member states, that the right to development is a
universal and inalienable right79. It was also agreed that States must cooperate amongst
themselves in eliminating obstacles to development80. In addition, States approved that the
right to development should be fulfilled so as to meet equitably the developmental and
environmental needs of present and future generations 81(emphasis supplied).

74 Para 6, 7, 9, 10, 13, 14 of the Preamble and Articles 1(1) and 5 of the Declaration on the
Right to Development, 1986.
75 Adopted by UN General Assembly Resolution 44/25 on 20 November 1989 and entered
into force on 02 September 1990.
76 USA, Somalia and South Sudan have not yet ratified this Convention.
77 USA has ratified the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict 2002.
78 Adopted by the World Conference on Human Rights in Vienna on 25 June 1993.
79 Articles 10 and 72 of the Vienna Declaration 1993.
80 Article 10 (Para 4) of the Vienna Declaration 1993.
81 Article 11 (Para 1) of the Vienna Declaration 1993.

For the first time in history leaders gathered to recognise the significance of social
development82. The interdependence between maintenance of peace and security, and social
development and social justice, recognised by the UN in 1945, was reiterated83 as also the
interdependence between economic and social development and environmental protection
which are pivotal for sustainable development84. The world had acknowledged the evergrowing disparity between the rich and poor, and were aiming at managing and mitigating the
adversarial effects of the same85. While discrepancy reduction is primarily the responsibility
of states, also true is the fact that in this globalisation era no one state can act on its own86.
The Declaration not only embedded commitments87 but also set principles and goals88 for
achieving social development. The nations conceded to fulfil their responsibility for present
and future generations89 and admitted the need to protect the right of children and youth90
(emphasis supplied).
As hereinbefore mentioned, post the 1995 Copenhagen Summit on Social
Development, the UNs Commission for Social Development has been the key to ensure the
follow up and implementation of the 1995 Declaration. The Commission primarily works in
the filed of ageing, civil society, cooperatives, disability, employment, family, indigenous
people, poverty, social integration, social protection and youth. The Commission works
relentlessly towards making a reality the objectives sought to be achieved in the Copenhagen
Summit and therefore meets annually in New York in February. For each of its annual
sessions it chooses a priority theme from and within its developmental issues91. However it is
worth pondering over: can meeting annually for a week enable anything substantial?
Resolutions are passed and reports prepared but ultimately its accomplishment clings to
mankinds resolve.
82 Article 1 of the Copenhagen Declaration 1995. The World Summit for Social
Development was held in Copenhagen, Denmark in 1995 (A/CONF.166/9). All the States had
gathered at the request of the UN to discuss the importance and plan of action for the
protection and promotion of the right to social development.
83 Article 5 of the Copenhagen Declaration 1995.
84 Article 6 of the Copenhagen Declaration 1995.
85 Articles 13 and 14 of the Copenhagen Declaration 1995.
86 Article 27 of the Copenhagen Declaration 1995.
87 Part C of the Copenhagen Declaration 1995. The Declaration laid down ten commitments
committed towards promotion of social development.
88 Part B of the Copenhagen Declaration 1995.
89 Article 26 (b) of the Copenhagen Declaration 1995.
90 Article 26 (j) of the Copenhagen Declaration 1995.
91 <http://undesadspd.org/commissionforsocialdevelopment.aspx> Accessed on 30 November
2014. The 53rd Session of the Commission will be held from 4-13 February 2015. The priority
theme for the upcoming session is Rethinking and Developing Social Development in a
Contemporary World.

We are committed to making the right to development a reality for everyone

(emphasis supplied) and to freeing the entire human race from want92. The declaration also
declared that no effort shall be spared to promote respect for right to development93. However
the foremost valued principle of the Declaration as written in Article 2 is the recognition of
the duty, in particular towards the children of the world to whom the future belongs.
In 2008 came the Optional Protocol to the ICESCR94 which explicitly said that the
ideal of free human beings enjoying freedom from fear and want can only be achieved if
conditions are created whereby everyone may enjoy civil, cultural, economic, political and
social rights95.
It is clear that the right to social development of the child has been recognised, and
will continue to be recognised more and more with time. Yet as will soon be corroborated,
question does remain over the extent of its protection, respect and fulfilment. A look at
UNICEFs96 work and the struggle they face sets us thinking: have states (and by extension,
mankind because, after all, men constitute state) unpretentiously acceded to the commitment
towards social development of the child? It needs to be borne in mind that childs social
development has nothing to do with the GDP standing of a country. According to a UNICEF
report the countries with highest GDPs in fact fare despicably when it comes to children97.
Regional Instruments
While the UN has made expansive contribution to the right of social development vis-vis the child, the regional documents too have recognised the same in some way or another.
The first regional human rights instrument was the European Convention of Human
Rights (ECHR), 195098. Section I of the ECHR deal with right to life (Article 2), prohibition
92 Article 11 of the UN Millennium Declaration 2000 adopted by the UN General Assembly
in September 2000 at New York.
93 Article 24 of the Millennium Declaration 2000.
94 Adopted by the UN General Assembly on 10 December 2008 A/RES/63/117.
95 Para 3 of the Preamble to the Optional Protocol, ICESCR 2008.
96 The United Nations International Childrens Emergency Fund (UNICEF) was created in
1946 post the Second Wold War to care for the children affected by the same. In 1953, the UN
extended the UNICEFs mandate indefinitely and since then UNICEF has been working
relentlessly for the 2.2 million children all over the world. <www.unicef.org> Accessed on 07
December 2014.
97 An overview of child well-being in rich countries: A comprehensive assessment of the
lives and well-being of children and adolescents in the economically advanced nations
(Report 7 Innocenti Report Cards, UNICEF 2007).
98 Drafted by the Council of Europe it was adopted on 4 November 1950 in Rome and came
into force on 3 September 1953. Formally it is known as the Convention for the Protection of
Human Rights and Fundamental Freedoms.

of torture (Article 3), prohibition of slavery and forced labour (Article 4), right to liberty and
security (Article 5), right to a fair trial (Article 6), right to respect for family and private life
(Article 8), and freedom of thought and expression (Articles 9-10), amongst others99.
Significant to remember is the fact that all the rights begin either with the word everyone or
the phrase no shall be deprived. Taking a cue from the various international documents, the
ECHR drafters too chose universality. Perhaps the most momentous moment in history then
was the establishment of the European Court of Human Rights (ECtHR)100. The ECtHR has
not just been an indispensable part of ECHR in interpreting, and upholding the rights
entrenched in, the latter but has also served as a guide for subsequent regional human rights
courts.
The ECtHR has dealt with uncountable child sexual abuse cases. In the case of X and
Y v. The Netherlands101 (1985) interpreting Article 8 of the ECHR102 the Court held that apart
from the negative undertaking of non-interference in private and family life of the child, the
State also had a positive obligation to ensure effective respect for private and family life. Thus
if being in the family would not ensure healthy social development of the child, the state was
required to step in. As regards victims of sexual abuse, the Court in M.C. v. Bulgaria103 (2003)
held that often there might be failure to resist due to psychological reasons or fear but this
however could not be made a ground for non-prosecution as Bulgaria had done.
The American Convention on Human Rights, 1969104 followed the ECHR. Like the
various international instruments, the American Convention too uses the word all (emphasis
supplied) while laying down the right to equal protection under Article 24105. Article 19 of this
convention deals with rights of the child106. However this Convention differs from its fellow
conventions because Article 27107 prohibits suspension of Article 19 in time of war, public
danger or emergency108 thereby denoting that vis--vis the Organisation of the American
99 Articles 2-18 comprise Section I of the ECHR 1950.
100 Established in 1959 in accordance with Article 19 of the European Convention of Human
Rights 1950, having its seat at Strasbourg. Please do not confuse with the European Court of
Justice which has its seat in Luxembourg and is mandated to uphold the EU laws.
101 X and Y v. The Netherlands App No. 8978/80 (ECtHR, 26 March 1985) 23.
102 Right to respect for family and private life.
103 M.C. v. Bulgaria App No. 39272/98 (ECtHR, 4 December 2003) 164.
104 Also known as Pact of San Jose, Costa Rica, the Convention was adopted by the
Organisation of American States on 22 November 1969 and came into force on 18 July 1978.
105 All persons are equal before the law. Consequently, they are entitled, without
discrimination, to equal protection of the law.
106 Every minor child has the right to the measure of protection required by his condition as
a minor on the part of his family, society, and the state.
107 Suspension of guarantees, Article 27, American Convention of Human Rights 1969.
108 Article 27 (1), (2), American Convention of Human Rights 1969.

States (OAS), rights of the child is akin to jus cogens and must be protected under all
circumstances at all times. The American Convention does not, however, detail right to
development because the convention came before the formal recognition of the right to
development in 1986. While there is the Inter American Childrens Institute109, the American
Convention has set up the Inter-American Court of Human Rights110.
Adjudicating on child rights, the Court in the Case of the Street Children (VillagranMorales et al.) v. Guatemala111, adjudged that the State of Guatemala had violated Article 19
(along with Articles 4, 5 and 7 of the American Convention and Articles 1, 6 and 8 of the
Inter-American Convention against Torture) of the three minor street children who had been
killed amongst others by the National Police Force. The Court also stated to be a proven fact
that at the time the incident occurred it was common practice for the States Police Force to
threaten, abuse, arrest, detain, torture and shoot at random street children. It was their way
of checking vagrancy and juvenile delinquency112. In the matter of Juridical Status and Human
Rights of the Child113, the Court opined that while children are entitled to rights yet it was the
states obligation to ensure the child develops under decent conditions. Therefore, if being in
the family was adverse to the best interest of the child, the state must act in accordance to the
best interest of the child114 even if it means removing the child from the care and comfort of
parents and family.
Africa is the only continent to have a charter specific to child rights in the form of
African Charter on Rights and Welfare of the Child, 1990115. Article 5 (2) obligates the States
Parties to ensure, to the maximum extent possible, the survival, protection and development
of the child and Article 16 protects children from torture and abuse. Article 27 imposes a duty
on the States Parties enforcing them to undertake to protect the child from all forms of sexual
109 Ref. n.29.
110 Vide OAS Resolution 448 (IX-0/79). Established in 1979 it has its seat in San Jose, Costa
Rica. Its primary role is to apply and interpret the American Convention on Human Rights
(Article 1 of the Statute of the Inter-American Court of Human Rights) and in doing so may
exercise its adjudicatory and advisory opinion (Article 2 of the Statute of the Inter-American
Court of Human Rights).
111 Inter-Am. Ct. H.R. (Ser. C) No. 63 (1999). Judgment on 19 November 1999.
112 Ibid. Ref. Para 79 and 253 of the judgment.
113 Advisory Opinion OC-17/02 Inter-Am. Ct. H.R. (Ser. A) No. 17 (2002) given on 28
August 2002. Advisory Opinion was sought by the Inter-American Commission on Human
Rights as regards Article 8 (Right to a fair trial) and Article 25 (Right to judicial protection) of
the American Convention which were coming in conflict with Article 19 (Rights of child).
Many a time furtherance of Articles 8 and 25 meant removing the child from the care and
protection of the family thus violating Article 19.
114 Ibid. Ref. Para 137 of the judgment.
115 Adopted in 1990 by the Organisation of the African Unity and entered into force in 1991.
The Organisation of the African Unity legally became the African Union in 2001.

exploitation and sexual abuse116. The Charter establishes a Committee on the Rights and
Welfare of the Child117.
However the effectiveness of the committee is debatable as child sexual abuse is still
extensively rampant in Africa118. The BBC reported in 2013 that children were abused and
forcibly recruited as child soldiers in many African nations where civil wars were
pandemic119. The mandate of the Committee120 does not give suo motu powers to the
Committee thereby restricting its power extent. Moreover, it is often impossible for children
to approach the Committee on their own due to their dependency and vulnerability. Also
children go through immeasurable emotional and mental turmoil because recurrently the
perpetrators are those whom the child trusts.
A decade ago came the Arab Charter on Human Rights, 2004121 providing for equality
to all122 (emphasis supplied). Each regional declaration is an improvement of the ones before
it and the Arab Charter is no exception. It not only guarantees right to life (Article 5) but also
prohibits issuance of death penalty on any person below 18 years of age (Article 7(1).
However this is with a rider: unless otherwise provided by the law in force at the time of the
commission of the crime123. It prohibits torture (Article 8), slavery (Article 10 (1), and the
traffic and sexual and other forms of exploitation of children in armed conflict (Article 10 (2).
Article 17 puts an obligation on the State Parties to ensure special legal system for any child
at risk or in conflict with law and to ensure special treatment such that it takes account of the
childs age, protects his dignity and facilitates his rehabilitation and reintegration enabling
him/her to play a constructive role in the society. As with other international conventions, the
116 The Article uses the word shall making the protection of child from sexual exploitation
and sexual abuse high in priority.
117 Article 32 of the African Charter on Rights and Welfare of the Child 1990.
118 S. N. Madu and K. Peltzer Risk Factors and child sexual abuse among secondary school
students in Northern province (South Africa) Journal of Child Abuse and Neglect, Vol. 24,
No.2 (Elsevier Science Ltd. 2000) 259; Kevin Lalor Child sexual abuse in sub-Saharan
Africa: a literature review Journal of Child Abuse and Neglect, Vol. 28 (Elsevier Ltd. 2004)
439; Kevin Lalor Child sexual abuse in Tanzania and Kenya Journal of Child Abuse and
neglect, Vol. 28 (Elsevier Ltd. 2004) 833; Lois Pierce and Vivienne Bozalek Child abuse in
South Africa: an examination of how child abuse and neglect are defined Journal of Child
Abuse and neglect, Vol. 28 (Elsevier Ltd. 2004) 817.
119 < http://www.bbc.co.uk/news/world-africa-23688625> Accessed on 09 December 2014.
Many African states face unstable or unyielding governments leading to dissent among people
resulting, sometimes, in civil wars.
120 Article 42 of the African Charter 1990.
121 Adopted by the Council of the League of Arab States on 22 May 2004 and came into
force in 2008.
122 Articles 3 (1) and 11 of the Arab Charter 2004.
123 Article 7 (1) of the Arab Charter 2004.

Arab Charter gives rights to all124(emphasis supplied) and establishes an Arab Human Rights
Committee, in accordance with Article 45 of the Arab Charter. However a great drawback of
the Committee is that it has no power to hear individual complaints125. Ubi jus ibi
remedium126: the Arab Charter is a clear violation of this principle. What has been achieved by
just giving rights and not providing a remedy for its breach?
An extremely specific instrument is the Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse, 2007127. Commonly
known as the Lanzarote Convention, it criminalises all kinds of sexual offences against
children. The need for having a specific instrument to address child sexual abuse was felt
because of the crimes growth to worrying proportions128 and hence an exigent need to
address the same. In the words of the Council of Europe Commissioner for Human Rights,
2011: Sexual assault against children is an urgent human rights issue and fighting it should
be a political priority129.

Though flawed130, nonetheless, in 2012 was born the ASEAN Human Rights
Declaration131. It reaffirms the principle of universal applicability of human rights132 stating
however the special needs of women, children, elderly, disabled, migrant workers, vulnerable
124 See all the Articles of the Arab Charter 2004.
125 Mohamed Mattar, The Arab Charter on Human Rights (International Institute of Human
Rights, 45th Annual Study Session, Strasbourg, 22-23 July 2014).
126 Where there is a right, there is a remedy.
127 Adopted by the Council of Europe on 25 October 2007 and Enforced on 01 July 2010.
The need
128 Preamble (Para 4) to the European Convention on Protection of Children 2011.
129 <http://www.coe.int/t/dghl/standardsetting/children/default_en.asp> Accessed on 30
November 2014.
130 According to the International Commission of Jurists <http://www.icj.org/icj-condemnsfatally-flawed-asean-human-rights-declaration/> Accessed on 30 November 2014. Also
criticised by the Amnesty International
<http://www.amnesty.org/en/library/asset/IOR64/005/2012/en/7eacdb53-76a6-49d8-9466dc7fdaeccec7/ior640052012en.pdf>, Human Rights Watch
<http://www.hrw.org/news/2012/11/19/civil-society-denounces-adoption-flawed-aseanhuman-rights-declaration> and the UN High Commissioner of Human Rights
<http://www.un.org/apps/news/story.asp?NewsID=43536#.VHuRjTGsXUV> Accessed on 30
November 2014.
131 Adopted by ASEAN at its November 2012 meeting in Phnom Penh, Cambodia. In 2009,
the Association of South East Asian Nations (ASEAN) established the ASEAN
Intergovernmental Commission on Human Rights which drafted the ASEAN Declaration on
Human Rights
132 General Principles 1-3 and 5 of the ASEAN Declaration use the words all and every
person.

and marginalised groups133. Moreover, it declares that no child or any young person shall be
subjected to economic and social exploitation134.
Conclusion
The very purpose of according a special status to child and providing for various
safeguards is because children by nature are vulnerable. They are not in a position to raise
voice for themselves demanding their rights. That is why almost all over the world we have
children-centred institutions be it Inter-Governmental Organisations (IGOs), NonGovernmental Organisations (NGOs), or purely governmental organisations. But the role
played by these infinite organisations is really contentious. Coming from a country where
rights of the child is lushly abused, and having worked in the field, I know these organisations
do get funds and have resources. Yet they act poor demanding more and more from the
government and general public. But the street child is still there. The child continues to get
abused at the hands of law enforcement agencies as well as general public. What difference
has come in the life of that child?
States (and by extension its various organs and agencies) are duty bound to respect the
international conventions they have ratified. But are states seemingly protecting the right to
social development of the child only because of this? Do not states have any moral obligation
towards children?
As is evident, the right of social development of child has been recognised more and
more with time, but what of its protection, respect and fulfilment? And here I question
ourselves. As adults constituting mankind are we willing to ensure full protection, respect and
fulfilment of childs right to social development? Perhaps it is time to pledge: until every
child is free, we are all slaves.
BIBLIOGRAPHY
I.

UN Legislations and Reports:

The Declaration on the Right to Development, 1986
The Geneva Declaration of the Rights of the Child, 1924
The International Covenant on Economic Social and Cultural Rights 1966
Optional Protocol to the International Covenant on Economic Social and

Cultural Rights, 2008

The Universal Declaration of Human Rights, 1945
The United Nations Charter, 1945.

133 General Principle 4 of the ASEAN Declaration 2012.

134 Article 27 (3) of the ASEAN Declaration 2012.

The United Nations Convention on the Rights of the Child, 1989

The United Nations Declaration of the Rights of the Child 1959
UNDP, Human Development Report (Oxford University Press 1990) 9
The United Nations General Assembly Resolution 217A (III)
The United Nations General Assembly Resolution 1161 (XII)
The United Nations General Assembly Resolution 1386 (XIV)
The United Nations General Assembly Resolution 2542 (XXIV)
The United Nations General Assembly Resolution 41/128
The United Nations General Assembly Resolution 44/25
The United Nations General Assembly Resolution 63/117
The United Nations Millennium Declaration 2000
The World Conference on Human Rights (Vienna Declaration) 1993
The World Summit for Social Development (Copenhagen) 1995
An overview of child well-being in rich countries: A comprehensive
assessment of the lives and well-being of children and adolescents in the
economically advanced nations (Report 7 Innocenti Report Cards, UNICEF
2007)

II.

EU Legislation:
European Convention of Human Rights (ECHR), 1950
Council of Europe Convention on the Protection of Children against Sexual
Exploitation and Sexual Abuse, 2007

III.

Cases of European Court of Human Rights:

X and Y v. The Netherlands App No. 8978/80 (ECtHR, 26 March 1985) 23.
M.C. v. Bulgaria App No. 39272/98 (ECtHR, 4 December 2003) 164.

IV.

Cases and Legislation from other jurisdictions:

a. America
Case of the Street Children (Villagran-Morales et al.) v. Guatemala, Inter

Am. Ct. H.R. (Ser. C) No. 63 (1999)]

Juridical Status and Human Rights of the Child, Advisory Opinion OC-17/02

Inter-Am. Ct. H.R. (Ser. A) No. 17 (2002)

The American Convention on Human Rights, 1969
The Organisation of American States Resolution 448 (IX-0/79)

b. Africa
African Charter on Rights and Welfare of the Child, 1990
c. Arab

Arab Charter on Human Rights, 2004

d. ASEAN
ASEAN Human Rights Declaration 2012

V.

VI.

Books:
Bantekas and Oette, International Human Rights Law and Practice

(Cambridge University Press 2013)

Concise Oxford English Dictionary, (12th edn. Oxford University Press 2011)
Gregg P. A Social and Economic History of Britain (1760-1960) (3rd edn.,

George G Harrap & Co. Ltd. 1962)

Hammound J,L and Hammound B. The Age of the Chartists, 1823-1854: A

Study of Discontent (Longmans, Green & Co. 1930)

Midgley J. Social Development: The Developmental Perspective in Social

Welfare (Sage 1995)]

UNDP, Human Development Report (Oxford University Press 1990)

Journal Articles:
Lalor K Child sexual abuse in sub-Saharan Africa: a literature review Journal

of Child Abuse and Neglect, Vol. 28 (Elsevier Ltd. 2004)

Lalor K Child sexual abuse in Tanzania and Kenya Journal of Child Abuse

and neglect, Vol. 28 (Elsevier Ltd. 2004)

Madu S, N and Peltzer K Risk Factors and child sexual abuse among
secondary school students in Northern province (South Africa) Journal of

Child Abuse and Neglect, Vol. 24, No.2 (Elsevier Science Ltd. 2000)
Pierce L and Bozalek V Child abuse in South Africa: an examination of how
child abuse and neglect are defined Journal of Child Abuse and neglect, Vol.
28 (Elsevier Ltd. 2004)

VII.

Conference Papers:
Mattar M The Arab Charter on Human Rights (International Institute of

Human Rights, 45th Annual Study Session, Strasbourg, 22-23 July 2014)
Vasak K "Human Rights: A Thirty-Year Struggle: the Sustained Efforts to give
Force of law to the Universal Declaration of Human Rights" (Paris, November
1977)

VIII.

Websites:
< www.indsocdev.org/defining-social-development.html> Accessed on 15

November 2014.
<https://treaties.un.org/pages/viewdetails.aspx?
chapter=4&lang=en&mtdsg_no=iv-3&src=treaty> Accessed on 25 November
2014

<http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/421(V)
>Accessed on 26 November 2014.

<http://legal.un.org/avl/pdf/ha/fatchr/Final_Act_of_TehranConf.pdf >Accessed

on 26 November 2014.
<http://undesadspd.org/commissionforsocialdevelopment.aspx> Accessed on

30 November 2014
<http://www.coe.int/t/dghl/standardsetting/children/default_en.asp> Accessed

on 30 November 2014
<http://www.icj.org/icj-condemns-fatally-flawed-asean-human-rights-

declaration/> Accessed on 30 November 2014.

<http://www.amnesty.org/en/library/asset/IOR64/005/2012/en/7eacdb53-76a649d8-9466-dc7fdaeccec7/ior640052012en.pdf> Accessed on 30 November

2014
<http://www.hrw.org/news/2012/11/19/civil-society-denounces-adoption-

flawed-asean-human-rights-declaration> Accessed on 30 November 2014.

<http://www.un.org/apps/news/story.asp?NewsID=43536#.VHuRjTGsXUV>

Accessed on 30 November 2014

<http://www.winthropsociety.com/liberties.php> Accessed on 01 December

2014
<http://www.bl.uk/magna-carta/articles/magna-carta-english-translation>

Accessed on 01 December 2014

<http://www.bbc.co.uk/bitesize/standard/history/1830_1930/public_health/revi

sion/3/> Accessed on 02 December 2014

< http://www.un-documents.net/gdrc1924.htm> Accessed on 02 December

2014
<http://www.iinadmin.com/public/uploads/files/EN_Presentacion_Institucional

_2012.pdf> Accessed on 02 December 2014

<http://www.fdrlibrary.marist.edu/pdfs/fftext.pdf> Accessed on 06 December

2014
<www.unicef.org> Accessed on 07 December 2014
< http://www.bbc.co.uk/news/world-africa-23688625> Accessed on 09
December 2014