RIGHTS OF CHILDREN

Ravi RohillaDepartment of Community Medicine

PGIMS Rohtak

CONTENTS• Introduction• Problem statement• Vulnerablity of children• History of child rights• Child rights in world• Child rights in india• Schemes and Institutions• Juvenile justice Act• ICPS• Legislations for children rights• Crimes against children

INTRODUCTION

• Children and childhood across the world, have broadly been construed in terms of a ‘golden age’ that is synonymous with innocence, freedom, joy, play and the like.

• It is the time when one hardly shoulders any kind of responsibility or obligations. But it is also true that children are vulnerable, especially when very young.

• The fact that children are vulnerable, they need to be cared for and protected from ‘the harshness of the world outside’ and around

• This being so, the adult-child relation, parents in particular, is said to provide ‘care and protection’ – serving thereby the ‘best interests of the child’ and meeting their day-to-day ‘needs of survival and development’.

• It is believed that childhood is that period during which children are subjected to a set of rules and regulations unique to them, and one that does not apply to members of other social categories. It is thus not a world of freedom and opportunity but one of confinement and limitation in which children are ‘wholly subservient and dependent’.

• The history of Hebrews, Greeks and Romans, bears testimony to the fact that children, by and large, were taken for granted by their parents and the patriarchal society at large.

• Many labelled them as a ‘problem population’ whereas others reduced them to being seen as property and thus treated them as non-entities.

• The resultant effect of all this was that they were treated as objects of intervention rather than as legal subjects in their own right.

Problem statement• 2.2 billion of the world's people are under 18 years old, with 2

billion from developing countries. 30,500 children under 5 years old die every day of preventable diseases such as diarrhea, pneumonia and malnutrition.

• Every month, 50,000 children under 15 are infected with AIDS. Of all children in developing countries, 20% of those ages 5 to 15 are engaged in child labor in hazardous and harmful conditions.

• 30% under 5 are underweight, nearly 40% suffer from stunted growth, and over 50% are malnourished.

• More children today live in poverty than 10 years ago, and more children find themselves in a more violent and unstable environment

• There are an estimated 200 million children with disabilities in the world, out of a global population of about two billion children. In other words, approximately 10 percent of the total population of children, the majority living in developing countries, are born with a disability or become disabled during childhood.

• Over 72 million primary-school-age children are not enrolled in school.

• Globally, 36 per cent of women aged 20–24 were married or in union before they reached 18 years of age.

• An estimated 14 million adolescents between 15 and 19 give birth each year. Girls in this age group are twice as likely to die during pregnancy or childbirth as women in their twenties.

• Currently there are 350,000 child soldiers engaged in armed conflict throughout the world. Under international human rights law, age 18 is the minimum acceptable age for direct participation in armed conflict.

• It is estimated that more than 8 million children have either been maimed or killed as a direct result of armed conflict in the last decade.

• Additionally, the use of landmines has led to approximately 10,000 deaths or severe injuries every year.

History of child rights

• One of the earliest recognitions of children’s rights perhaps is found in the Massachusetts Body of Liberties of 1641 where parents are told not to choose their children’s mates and not to use unnatural severity against their children.

• Children, furthermore, were given ‘free liberty to complain to the Authorities for redress’. But this was also the law that prescribed the death penalty for children over 16 who disobeyed parents.

• In response to the growing concern in most countries of Europe and North America for the protection of children following the First World War ,the newly formed League of Nations established a Committee on Child Welfare in 1919.

• The private agencies also felt the need to provide broad social standards for the protection of children. Of particular importance was the Save the Children International Union, inspired largely by the work of Eglantyne Jebb, who had founded Save the Children in response to her own experience with child victims of war.

• In 1923, the Save the Children International Union adopted as its charter a five-point declaration which described the basic conditions a society should meet in order to provide adequate protection and care for its children. The next year, the Union persuaded the League of Nations to adopt the same declaration.

• In the year 1924 League of Nations adopted the Declaration of the Rights of the Child which came to be known as the “Declaration of Geneva”.

• Recognising that ‘mankind owes to the child the best that it has to give’, the five simple principles of the Declaration established the basis of child rights in terms of both protection of the weak and vulnerable and promotion of the child’s development.

• The Declaration also made it clear that the care and protection of children was no longer the exclusive responsibility of families or communities or even individual countries; the world as a whole had a legitimate interest in the welfare of all children.

“Declaration of Geneva” Child must be given the means needed for its normal

development, both materially and spiritually. Hungry child should be fed; sick child should be helped;

erring child should be reclaimed; and the orphan and the homeless child should be sheltered and succoured.

Child must be first to receive relief in times of distress. Child must be put in a position to earn a livelihood and

must be protected against every form of exploitation. Child must be brought up in the consciousness that its

best qualities are to be used in the service of its fellow men.

Child rights in world • In 1945, the United Nations Organisation replaced the

League of Nations . In 1946, the Economic and Social Council of the United Nations recommended that the Geneva Declaration be reaffirmed as a sign of commitment to the cause of children.

• The Universal Declaration of Human Rights was adopted by the United Nations General Assembly in 1948.

• The United Nations General Assembly adopted the Declaration of the Rights of the Child on 20 November, 1959 which was expansion of Geneva Declaration from five principles to ten basic principles

UN Declaration of the Rightsof the Child

• Non-discrimination.• Special protection, opportunities and facilities to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity.• The right to a name and nationality.• The right to social security, adequate nutrition, housing, recreation and medical services.• The differently-abled child to be given special treatment education and care.

• The need for love and understanding so that the child grows in the care and responsibility of his/her parents, and in an atmosphere of affection and moral and material security.• Entitlement to education, which should be free and compulsory, at least in the elementary stages.• The child should be among the first to receive protection and relief in all circumstances.• Protection against all forms of neglect, cruelty and exploitation, including that associated with employment.• Protection from practices that may foster racial, religious and other forms of discrimination.

Convention on the Right of Children

• In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not.

• The leaders also wanted to make sure that the world recognized that children have human rights too The Convention on the Rights of the Child(CRC) is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights.

• The Convention sets out these rights in 54 articles. It spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life.

• The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child.

• The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services.

• The CRC is the first legally binding international instrument to incorporate the full range of children’s human rights—civil, cultural, economic, political and social rights---in a single text. The Convention sets out these rights in 54 articles which can be grouped into three broad categories:

• Survival and development rights: These are rights to the resources necessary for the survival and full development of the child. They include rights to adequate food, shelter, clean water, formal education, primary health care, leisure and recreation, cultural activities and information about their rights.

• Protection rights: It include protection from all forms of child abuse, neglect, exploitation and cruelty, including the right to special protection in war and protection from abuse in the criminal justice system.

• Participation rights: Children are entitled to the freedom to express opinions and to have a say in matters affecting their social, economic, religious, cultural and political life. Participation rights include the right to express opinions and be heard, the right to information and freedom of association.

OTHER INTERNATIONAL INSTRUMENTS

UN standard minimum rules 1985 (Beijing rule) UN rules for the protection of juveniles deprived of

their liberty 1990

These set the minimum standard to be adhered to in the administration of juvenile justice in respect of juveniles in conflict with law.

The United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and all other relevant international instruments focus on the prevention of juvenile delinquency and provide guidelines for it

Child Rights in India

• The Constitution of India recognizes the vulnerable position of children and their right to protection.

• Article 15 in the Constitution guarantees special attention to children through necessary and special laws and policies that safeguard their rights.

• The Right to equality, protection of life and personal liberty and the right against exploitation are enshrined in Articles 14, 15, 16, 17, 21, 23 and 24.

• The Government of India ratified the UN Convention on the Rights of the Child (UNCRC) in 1992. The Convention prescribes standards to be adhered to by all State parties in securing the best interest of the child.

• India has adopted a number of laws and formulated a range of policies to ensure children’s protection and improvement in their situation including,

• The Guardian and Wards Act 1890,• Factories Act 1948, • Hindu Adoption and Maintenance Act 1956,• Probation of Offenders Act 1958,• Bombay Prevention of Begging Act 1959, • Orphanages and Other Charitable Homes (Supervision

and Control) Act 1960

• National Policy for Children 1974, • Bonded Labour System (Abolition) Act 1976,• Child Marriage and Restraint Act 1979,• Immoral Traffic Prevention Act 1986,• Child Labour (Prohibition and Regulation) Act 1986,• National Policy on Education 1986, • Prevention of Illicit Traffic in Narcotic Drugs and

Psychotropic Substances Act 1987, • National Policy on Child Labour 1987

• Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992,

• National Nutrition Policy 1993, • Pre-natal Diagnostic Techniques (Regulation and

Prevention of Misuse) Act 1994, • Persons with Disabilities (Equal Protection of Rights

and Full Participation) Act 2000, • Juvenile Justice (Care and Protection of Children) Act

2000,• National Health Policy 2002

• National Charter for Children 2004,

• National Plan of Action for Children 2005 and

• Commission for Protection of the Rights of the Child, 2005.

NCPCR

• 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.

Schemes developed…• Integrated child

development Scheme (ICDS)

• Rajiv Gandhi National Creche Scheme

• Nutrition Component of Prime Minister Gramodya Yojana

• Nutrition Programme for Adolescent Girls

• Reproductive and Child Health Programme

• Pulse Polio Immunization Programme

• Sarva Shiksha Abhiyan • National Programme for

education of girls at elementary level

• Kasturba Gandhi Balika Vidyalaya

• Mid - day meal scheme• Shishu greha• Juvenile justice

programme• Scheme for working

children• Grant-in-aid scheme for

voluntary organisations • An Integrated

Programme for Street Children – Childline Services

• The National Rural Health Mission (2005-12)

• National Child Labour Project.(NCLP)

• Integrated Child Protection Scheme (ICPS) - proposed

And Institutions created…• National Institute for Public Cooperation and Child

Development (NIPCCD) – to research and build capacities around Child Development and Protection of all concerned stakeholders

• National Commission for Protection of Child Rights (NCPCR) – to study and monitor all matters related to legal and constitutional rights of children; to review existing laws and suggest amendments; and ensure protection of Child rights in India

• Central Adoption Resource Agency (CARA) – premier agency in the country related to intra and out of country adoption

Children everywhere are vulnerable to abuse and exploitation by those in positions of power and

trust…

EDUCATION

• The 86th Amendment to the Constitution, on the Fundamental Right to Education for the 6 to 14 years age group, has also led to the inclusion of an additional clause under article 51A that imposes a fundamental duty upon parents or guardians to provide opportunities for education of their children/wards between the ages of 6 and 14 years.

CHILD MARRIAGE

• There is legal recognition of the fact that children must not be married before they are physically and mentally ready for it. The Child Marriage Restraint Act, 1929 (CMRA) prescribes a minimum age of 21 years for males and 18 years for females.

The Juvenile Justice Act seeks…

• To provide care/protection to children by: Catering to a child’s development needsAdopting a child friendly atmosphere and

approach, for adjudication of cases related to juveniles/children

Keeping the child’s “best interest” in mindKeeping rehabilitation of the child as a goal

Juvenile Justice Act

• The Act places children/juveniles in two categories –

1. Juvenile in ‘conflict with the law’ handled by State Governments/ ‘Juvenile Boards’

2. Child in need of ‘care and protection’ to be looked after by State Governments/ ‘Child Welfare Committees’

Act to be implemented by the respective State Governments

A Vision for the future…Integrated Child Protection Scheme (ICPS)

• Objective: To provide an environment for safe and wholesome development of the children who are in need of care and protection as well as children in conflict with law. To overcome the shortcomings and gaps in the implementation of the existing child protection schemes with some additional components.

• The Programme for Juvenile Justice, Shishu Greh Scheme and Street Children Scheme will be merged under the ICPS.

ICPS: a glimpse…CARE, SUPPORT AND REHABILITATION SERVICES -

1. Emergency outreach service through Childline2. Transitional shelters for children in need in

urban and semi-urban areas 3. Family based non institutional care through:

Sponsorship; Foster Care; Adoption; and After Care Programme

4. Institutional Services: Shelter Homes; Children’s Homes; Observation Homes; Special Homes; and Specialized services for children with special needs

5. General grant-in-aid for need based/ innovative interventions

Crimes Against Children

• Punishment for cruelty – imprisonment for a term of six months or fine, or both.

• Employment for begging – imprisonment may extend up to three years and also fine

• Penalty for giving psychotropic substance – imprisonment may extend up to three years and also fine

• Exploitation of child employees - imprisonment may extend up to three years and also fine (except upon the advice of a duly qualified medical practitioner)

• Crime against children are cognizable offencesOn receipt of compliant, the police must arrest the

perpetratorPolice must file an FIRPolice will release the child on bail.

Protection• Handling by special juvenile police• Handcuffing of juvenile/child prohibited.• Police should not be in uniform• Child / juvenile cannot be kept in jail or lock-up• No death penalty or life imprisonment• Proceeding are informal, participatory and private.• Deletion of record of juvenile after 7 years• Parents to be involved in juvenile processes• Right to free legal aid• No joint trial of a juvenile with an adult• Information about a juvenile cannot be released to

media.

I am the childYou hold in your Hand my destiny

You determineWhether I shall Succeed or failGive me, I pray

Those things thatMake for happiness

Train me, I begThat I may be aBlessing to the

world