Child Rights

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This article is written by Cinta Johnson, an intern under Legal Vidhiya.

Abstract

Child rights are fundamental human rights that are inherent to all children, regardless of their race, gender, ethnicity, religion, nationality, or any other status. These rights include the right to life, survival and development, the right to education, healthcare, protection from abuse and exploitation, and the right to participate in decisions that affect their lives.

This paper provides a comprehensive overview of child rights, their history, and the legal framework for protecting and promoting child rights. The paper also discusses the challenges in realising child rights and the steps that need to be taken to ensure that children’s rights are protected and fulfilled.

Introduction

The concept of child rights has been recognised throughout history, but it was only in the late 19th and early 20th century that the idea of children’s rights began to gain traction. In 1924, the Geneva Declaration on the Rights of the Child was adopted, which recognised the importance of children’s rights and called for their protection. However, it was not until the adoption of the United Nations Convention on the Rights of the Child (UNCRC) in 1989 that child rights were comprehensively defined and legally recognised on a global scale. The UNCRC is a legally binding international agreement that sets out the civil, political, economic, social, and cultural rights of children. It is the most widely ratified human rights treaty in history, with 196 countries having ratified the convention. The UNCRC recognises children as individuals with rights and not as objects of care or charity. It also recognises the family as the primary unit of society and the best place for the child’s growth and development.

What are Child Rights:

Child rights are based on the principle that every child has the right to a safe and nurturing environment, to be protected from harm, to have access to education and healthcare, and to participate in decisions that affect their lives. The UNCRC identifies four main categories of rights: Survival rights: Every child has the right to life, to be protected from harm and to have access to basic needs such as food, shelter, and healthcare.

Every child has the right to develop to their full potential, including access to education, culture, and information. Protection rights: Every child has the right to be protected from all forms of abuse, neglect, exploitation, and violence. Every child has the right to participate in decisions that affect their lives and to express their opinions freely.

Challenges in Realizing Child Rights

Despite the recognition of child rights in international law, many children around the world still face significant challenges in realising their rights. Children in poverty, conflict, and those belonging to marginalised groups are particularly vulnerable to violations of their rights. Child labour, child trafficking, child marriage, and child soldiers are among the most pressing issues confronting children today. Inadequate legal frameworks, corruption, and a lack of resources also frequently compromise the rights of minors. Measures to Ensure Child Rights To protect and fulfil the rights of children, there must be concerted efforts on the local, national, and international levels. The following are examples of possible actions: Implementation and ratification of the UNCRC by all nations. Enhancing legal frameworks and institutions to safeguard children’s rights. Increasing resources for children’s welfare, including education, health care, and social security. Raising community, parental, and caretaker awareness of the rights of children. Providing children with the ability to participate in decisions affecting their lives.

History of Child rights

The concept of juvenile rights has been acknowledged throughout history, albeit with varying interpretations and applications. The ancient Greek philosopher Plato, for instance, argued that the state should provide education and care for children. In mediaeval Europe, chivalry emphasised the protection of infants and women, particularly those of noble birth. In response to the industrial revolution’s exploitation and maltreatment of children, the modern concept of child rights emerged in the late 19th and early 20th centuries. The severe working conditions in factories and mines, coupled with inadequate protection and care for children, led to an increased awareness of the importance of children’s rights. In 1875, the New York Society for the Prevention of Cruelty to Children was founded, representing one of the earliest initiatives to promote child rights. The mission of the organisation was to safeguard children from maltreatment and neglect and to provide them with education and care. In addition to the United Kingdom, Canada, and Australia, similar organisations were founded in other regions of the globe.

The League of Nations adopted the Geneva Declaration on the Rights of the Child in 1924, which acknowledged the significance of children’s rights and demanded their protection. The declaration emphasised the need for children to have access to education, healthcare, and protection from exploitation and abuse. The Second World War refocused attention on the plight of children, especially those who were abandoned or displaced by the conflict.

The United Nations Relief and Rehabilitation Administration (UNRRA) provided aid and assistance to children in war-torn countries, while the United Nations Commission on Human Rights drafted a declaration on the rights of the child. The United Nations General Assembly adopted the Declaration of the Rights of the Child in 1959, which acknowledged children as individuals with rights and demanded their protection and care. The declaration emphasised the significance of the family in the development of the child, as well as the need to provide children with education, healthcare, and protection from exploitation and abuse. Despite the adoption of the declaration, a significant number of children around the world continued to encounter significant obstacles in achieving their rights. [1]

The United Nations Convention on the Rights of the Child (UNCRC) was ratified in 1989, establishing a comprehensive legal framework for the protection and promotion of child rights. The UNCRC recognises children as individuals with rights and advocates for their protection and care, highlighting the importance of providing children with education, healthcare, and protection from exploitation and abuse. 196 nations have ratified the UNCRC, making it the most ratified human rights convention in history. Significant progress has been made in the preservation and promotion of children’s rights since the adoption of the UN Convention on the Rights of the Child, but there are still many obstacles to overcome, especially for children living in poverty, conflict zones, and marginalised groups. The UNCRC has been instrumental in promoting global child rights and has led to the development of legal frameworks and policies designed to safeguard children from abuse, exploitation, and violence. The convention recognises children as individuals with rights, including the right to life, survival, and development; the right to education; the right to health; the right to participate in decisions affecting their lives; and the right to be protected from all forms of abuse, neglect, exploitation, and violence. Since the adoption of the UNCRC, substantial progress has been made in the protection and promotion of child rights. For instance, child labour has decreased by almost half since 2000, and the number of out-of-school children has decreased by more than 50%. The number of child soldiers has also decreased substantially, although some armed groups continue to use children in armed conflict. Nevertheless, despite these successes, numerous obstacles remain. Millions of children around the world continue to confront significant obstacles to achieving their rights, especially those living in poverty, conflict, and marginalised communities. Child marriage, child trafficking, and the exploitation of children in the context of labour, sex work, and armed conflict are still prevalent in many regions of the globe. Governments, civil society organisations, and international organisations must work together to protect and promote the rights of children in order to address these issues. The provision of resources for the welfare of children, such as education, healthcare, and social protection, is essential, as is the strengthening of legal frameworks and institutions to protect children from abuse, exploitation, and violence. Educating communities, parents, and carers about the rights of children is also crucial. This can be accomplished through public awareness campaigns, seminars, and training initiatives. Empowering children to participate in decisions that affect their lives is an additional crucial step in protecting and promoting child rights, as it ensures that their voices are heard and their rights are respected. In conclusion, the history of child rights is a lengthy and complicated one, marked by significant progress and obstacles. Adoption of the UNCRC was a major milestone in the global promotion of children’s rights, but much work remains to ensure that all children can appreciate their rights and live with dignity and respect. Protecting and advancing the rights of children is essential for constructing a just and equitable society that recognises the dignity and worth of every child. All individuals, including children, are entitled to human rights, regardless of age. Children have special privileges due to their unique status, which necessitates additional protection and guidance from adults.

The United Nations Convention on the Rights of the Child outlines these as children’s liberties (CRC). Important characteristics of the United Nations Convention on the Rights of the Child (CRC)Applies equally to both girls and boys up to the age of 18, even if they are married or have children of their own. The convention is guided by the guiding principles of ‘Best Interest of the Child,’ ‘Non-discrimination,’ and ‘Respect for the Child’s Opinions.’ It emphasises the significance of the family and the necessity of creating an environment conducive to the healthy development and growth of children. It obligates the state to revere children and ensure they receive a fair and equitable treatment in society. In 1992, India ratified the convention, agreeing in principle to all articles with the exception of those pertaining to child labour, for which it made certain reservations. There is a law in India stating that children under the age of 18 may not work, but there is no outright prohibition on child labour, and the practise is permitted in the majority of industries, excluding those deemed hazardous. he International Covenant on Civil and Political Rights (ICCPR) was ratified by the United Nations in 1966. The ICCPR is a multilateral international covenant that has been ratified or acceded to by the vast majority of the world’s nations. States that have ratified the Covenant are obligated to respect and implement its rights. On March 23, 1976, the treaty became effective. The rights enshrined in the ICCPR are universal, meaning that they are applicable to everyone without exception, including minors. Some rights, such as the right to marry and the right to vote, do not become effective until the infant attains adulthood. [19] The right to life is one of the fundamental rights that apply to children. the entitlement to individual safety liberation from torture as a human right the right not to be subjected to cruel, inhuman, or degrading treatment or punishment the right to be separated from adults when accused of a crime, the right to prompt adjudication, and the right to be accorded treatment he Section II, paragraph 47 of the Vienna Declaration and Programme of Action urges all nations to take action to the fullest extent of their available resources and with the aid of international cooperation in order to realise the objectives of the World Summit Plan of Action. And encourages states to incorporate the Convention on the Rights of the Child into national action plans. Priority should be placed on reducing infant and maternal mortality rates, malnutrition and illiteracy rates, and providing access to potable water and fundamental education by means of these national action plans and international efforts. When necessary, national action plans should be developed to combat devastation caused by natural disasters and armed conflicts, as well as the equally severe issue of children living in extreme poverty. In addition, paragraph 48 urges all states, with the assistance of international cooperation, to address the vexing issue of children living in particularly difficult circumstances. Exploitation and abuse of minors should be actively fought against, including by addressing their root causes. Effective measures are required to combat female infanticide, hazardous child labour, the sale of children and organs, child prostitution, child pornography, and other forms of sexual abuse. This had an effect on the adoption of the Optional Protocol on the Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography. Child rights are fundamental human liberties that are indispensable for the well-being and development of children. The UNCRC provides a comprehensive legal framework for the protection and promotion of the rights of children, but there is still much to be done.[2]

Child Rights in India

Freedom to equality Article 14 of the Indian Constitution states that everyone is treated equally before the law and is afforded equal protection under the law. Consequently, this privilege also applies to Indian children, as they are also citizens of this nation.

Article 15 of the Constitution prohibits discrimination based on race, caste, and other characteristics. Article 15(1) prohibits discrimination based on religion, ethnicity, caste, gender, place of birth, or any combination thereof. In addition, Article 15.3 states that the State is not prohibited from establishing special provisions for women and children.

Article 19(1)(a) of the Indian Constitution guarantees all Indian citizens the right to freedom of speech and expression. This privilege applies to all individuals, including Indian children. Children have freedom of speech so long as their opinions and knowledge do not cause injury to others. According to Article 21 of the Indian Constitution, every individual has the right to life, liberty, and security. It also states that no person may be deprived of his or her life or liberty except in accordance with established legal procedures. Likewise, every child in India is entitled to personal liberty and legal due process.

Under Article 21 of the Indian Constitution, albeit indirectly, every child has the right to live a healthy existence. Concerns such as HIV infections, lack of secure drinking water, insufficient sanitation, and malnutrition fall under the protection of life. Article 21A of the Indian Constitution guarantees every child between the ages of 6 and 14 the right to a free and mandatory elementary education. In addition, Article 45 requires the State to provide early childhood care and education for all children under the age of six. Important information.

The Eighty-sixth Amendment of 2002 introduced this provision. Prior to that, this provision stipulated that children under 14 must receive a free and mandatory education. However, as a result of the Amendment, the right to education for all minors aged 6 to 14 is now a fundamental right. In addition, the current position is that early childhood care and education for children under the age of 6 is a Directive Principle, whereas free and mandatory education for all children between the ages of 6 and 14 is a Fundamental Right. Right to protection against trafficking and coerced labour Article 23 of the Indian Constitution stipulates that every individual (including children) has the right to be protected from human trafficking, begging, and other forms of forced labour. Right to protection from hazardous working conditions.

According to Article 24 of the Indian Constitution, every child under the age of 14 has the right to be protected from employment in factories or mines, as well as other precarious employment conditions. right to protection against exploitation Article 39(e) of the Constitution of India states that the health and strength of workers and the age of children are not violated, and that there is a right to be protected from abuse and not forced by economic necessity to engage in avocations or minor occupations that do not match their age or strength.

The Constitution of India, the Juvenile Justice (Care and Protection of Children) Act of 2015, the Protection of Children from Sexual Offences Act of 2012, and the Right of Children to Free and Compulsory Education Act of 2009 all protect child rights in India. Key aspects of juvenile rights in India include: The right to an education: Up until the age of 14, every individual in India has the right to a free and mandatory education.

The Right of Children to Free and Compulsory Education Act of 2009 guarantees that all children have equal access to a quality education. Children have the right to the highest possible standard of health, which includes access to medical care, nourishing food, pure water, and sanitation facilities. The National Health Mission, launched in 2013, seeks to ensure that all children in India have access to healthcare services. Children have the right to be safeguarded from all forms of maltreatment and exploitation.

The Juvenile Justice (Care and Protection of Children) Act, 2015, provides for the care, protection, and rehabilitation of children requiring care and protection, as well as children in conflict with the law. Children have the right to participate in the making of decisions that affect them. The Indian Constitution protects freedom of speech and expression, which includes the right to participate in public debates and convey one’s opinions.

Children have a right to a secure and healthy environment devoid of pollution and environmental degradation. The National Green Tribunal was established in 2010 to provide a venue for the efficient and prompt disposition of environmental protection-related cases. Despite these laws and regulations, many children in India continue to confront a variety of rights violations, such as child labour, child marriage, and trafficking. The government and civil society organisations are collaborating to resolve these issues and ensure that all children in India can fully exercise their rights.

Even though it is illegal, child labour is still prevalent in many regions of India, especially in the informal sector. Frequently, children are forced to work in hazardous conditions for little or no compensation, and their right to an education and a healthy childhood is denied. The government has taken several measures to eradicate child labour, including the passage of the Child Labor (Prohibition and Regulation) Amendment Act of 2016 and the establishment of the National Child Labor Project (NCLP), which seeks to rehabilitate and educate child labourers. Another prevalent issue in India, particularly in rural areas, is child marriage. It denies children, particularly females, the right to an education, good health, and a life of their choosing. The Prohibition of Child Marriage Act of 2006 criminalises child marriage and allows for its dissolution. The government has also introduced several awareness-raising and child marriage-prevention programmes. In India, child trafficking, especially for forced labour and sexual exploitation, is a significant issue. Frequently, children are abducted, enticed with fraudulent promises, or sold into slavery by their families. The government has passed the Trafficking of Persons (Prevention, Protection, and Rehabilitation) Act of 2021, which provides for the prevention, rescue, and rehabilitation of victims of human trafficking.

In India, child labour is a serious problem, and the government has enacted numerous laws and regulations to prevent and eradicate it. The Child Labor (Prohibition and Regulation) Act of 1986 is the principal Indian statute governing child labour. The Act prohibits the employment of minors in certain occupations and processes, such as factories, mines, and hazardous industries, if they are younger than fourteen years of age. In addition, it governs the working conditions of minors in non-hazardous occupations such as shops, restaurants, and small businesses. The Act was amended in 2016 to prohibit the employment of minors under 14 in all occupations, with the exception of certain non-hazardous family businesses and the entertainment industry. In addition, the amendment increased the penalties for Act violations and made provisions for the rehabilitation of rescued juvenile labourers. In addition, the government has created the National Child Labor Project (NCLP), which seeks to rehabilitate and educate child labourers. The initiative facilitates the identification and rescue of child labourers, as well as their education and vocational training and family support. Abuse of children is a significant issue in India, with reports of sexual abuse, physical abuse, and emotional abuse across the country.

Children from marginalised groups, such as those living in poverty, with disabilities, or from lower castes or tribes, are especially susceptible to maltreatment. The Indian government has enacted a number of laws and policies to prevent and combat child maltreatment. The Protection of Children from Sexual Offences (POCSO) Act of 2012 is the primary law governing sexual exploitation of children in India. The Act defines sexual offences against minors and establishes penalties for perpetrators. In addition, it stipulates the establishment of special courts for the prosecution of such crimes, as well as the protection of minor victims and witnesses. In addition to these laws, the government has implemented a number of programmes and initiatives to prevent and address child abuse, including the Integrated Child Protection Scheme (ICPS) and the National Commission for the Protection of Child Rights (NCPCR). These initiatives provide for the identification and rescue of juvenile victims, as well as their rehabilitation and reintegration, as well as the prevention of future abuse. Despite these efforts, child abuse remains a prevalent problem in India, and many cases go unreported due to social stigma, fear of retaliation, and insufficient victim support. It is crucial that the government, civil society organisations, and the general public collaborate to raise awareness about child abuse, promote child rights, and safeguard every child in India from abuse and exploitation.

Children who are victims of abuse or exploitation frequently encounter multiple obstacles in gaining access to justice, such as lack of legal representation, fear of retaliation, and insufficient child-friendly procedures. To address these issues, the government has established special children’s courts and child-friendly police stations, but more must be done to assure the full realisation of children’s rights to justice. In India, children with disabilities encounter multiple obstacles when attempting to access education, health care, and other services. The Rights of Persons with Disabilities Act, 2016, protects the rights of individuals with disabilities, including minors, and the government has launched a number of schemes and programmes to promote their inclusion and empowerment.[3]

Conclusion

Child rights are fundamental human liberties that are essential for children’s well-being and development. The UNCRC provides a comprehensive legal framework for the protection and promotion of child rights, but there is still much work to be done to establish a just and equitable society that recognises the dignity and worth of every child. Governments, civil society organisations, and international organisations must collaborate to guarantee the full realisation of children’s rights and protection from all forms of abuse.neglect, exploitation, and violence.

Reference

CHILD RIGHTS IN INDIA ,Asha Bajpai (Author),Third Edition
CHILD RIGHTS: LAWS, POLICIES AND PRACTICES ,Prof. (Dr.) Vijender Kumar, Prof. (Dr) Naresh Kumar Vats, Dr. Himanshu Pandey, Dr. Shailendra Kumar, Kishor Kumar Mishra, Aditya Mishra, First Edition
Constitutional Law of India, Dr.J.N. Pandey, 58th Edition
Constitution Of India, Mehendra Pal Singh V.N. Shukla's,14 edition
Constitutional Law II, Dr Mynenine, 3rd edition
THE CONSTITUTION OF INDIA 1950
https://www.unicef.org/child-rights-convention

[1] CHILD RIGHTS: LAWS, POLICIES AND PRACTICES ,Prof. (Dr.) Vijender Kumar, Prof. (Dr) Naresh Kumar Vats, Dr. Himanshu Pandey, Dr. Shailendra Kumar, Kishor Kumar Mishra, Aditya Mishra, First Edition