HUMAN RIGHTS – CHILD RIGHTS IN INDIA

Child rights are the human rights of children with particular attention to the rights of special protection and care afforded to the young, including their right to association with both biological parents, human identity as well as the basic needs for food, universal state paid education, healthcare and criminal law, appropriate for the age and development of the child. Child Rights are fundamental freedoms and the inherent rights of all human beings below the age of 18.These rights apply to every child, irrespective of the child’s parent’s/legal guardian’s race, colour, sex, creed or other status.

Human Rights are children’s right too. International human rights instruments recognise that children as well as adults have basic human rights. Children also have the right to special protection because of their vulnerability to exploitation and abuse. The most basic needs of children are referred to as ‘right’.

The principles outlined in the international human rights framework apply both to children and adults. Children are mentioned explicitly in many of the human rights instruments; standards are specifically modified or adapted where the needs and concerns surrounding a right are distinct for children. The Convention on the Rights of the Child brings together the children’s human rights articulated in other international instruments. This Convention articulates the rights more completely and provides a set of guiding principles that fundamentally shapes the way in which we view children.

Meaning of a ‘Child’

According to international law, a child means every human being below the age of 18 years. This is a universally accepted definition of a child and comes from the United Nations Convention on the Rights of the Child (UNCRC), an international legal instrument accepted and ratified by most countries.

What makes a person a ‘child’ is the person’s ‘age’. Even if a person under the age of 18 years is married and has children of her/his own, she/he is recognised as a child according to international standards.

While all children need protection, because of their social, economic, or even geographical location, some children are more vulnerable than others and need special attention.

Importance of Child Rights:

Children are citizens of a nation from their birth. They also have rights. Right through history, children have been abused and exploited. They suffer from hunger and homelessness; work in harmful conditions, high infant mortality, and deficient healthcare and limited opportunities for basic education. A child need not live such a life. Childhood can and must be preserved. Children have the right to survive, develop, be protected and participate in decisions that impact their lives.

Children are human beings and require safety and opportunities for development. Their personality formation takes faster during early childhood. Therefore child friendly services and furtherance are of utmost importance. Children are young in age, small in size and low in energy as compared to adults.Therefore,they need much more care and help, than grown ups do. And being young in age, they cannot participate in politics or judicial system despite contributing to the society’s progress. During early years, they are dependent on adults and therefore need extra protection and appropriate guidance. Children should have right because they are vulnerable to exploitation and abuse.

CHILDS RIGHTS IN AMERICA

At the end of 2010, the US Department of Agriculture reported that about one in four children suffered from hunger in the United States. The poverty rate among children under the age of 18 has risen to approximately 20 %, but this number varies based on a child’s ethnic and social background. For example, 43 % of African-American children live in poverty.

Poverty has a wide-ranging impact on children’s lives, as poor children are usually in worse health and have fewer opportunities to attend higher education.

Child Abuse And Mistreatment

Each year in the United States, more than 3 million cases of child abuse are reported. A lot of them have been subject to physical violence, and almost 10 % of these have been sexually abused. An estimated one thousand children per year die as a result of violence or neglect in the US. Most of the time, they are younger than 4 years old.

In addition, the Department of Education reported in 2007 that 200,000 students had suffered corporal punishment at school. Handicapped children are usually the primary victims of such crimes.

Cyber criminals are especially prevalent in the US. The organization “Love Our Children USA” has reported that one in four children has been harassed online. Virtual bullying is often linked to real life at school: violence is regularly recorded on camera phones and posted on the Internet. Many children are also explain pornography on the Internet, and American children’s rights organizations are determined to ensure that the authorities pass more effective measures for protection.

CHILDRENS RIGHTS IN INTERNATIONAL LAWS

It was not until the late nineteenth century that a nascent children’s rights’ protection movement countered the widely held view that children were mainly quasi-property and economic assets.  In the United States, the Progressive movement challenged courts’ reluctance to interfere in family matters, promoted broad child welfare reforms, and was successful in having laws passed to regulate child labor and provide for compulsory education.  It also raised awareness of children’s issues and established a juvenile court system.  Another push for children’s rights occurred in the 1960s and 1970s, when children were viewed by some advocates as victims of discrimination or as an oppressed group.  In the international context, “[t]he growth of children’s rights in international and transnational law has been identified as a striking change in the post-war legal landscape.”[1]  The purpose of this overview is to describe some of the provisions of certain major international legal instruments on children’s rights that form part of that landscape. 

Global International Documentation

Declaration of the Rights of the Child 1959

The U.N. Declaration of the Rights of the Child (DRC) builds upon rights that had been set forth in a League of Nations Declaration of 1924.  The Preamble notes that children need “special safeguards and care, including appropriate legal protection, before as well as after birth,” reiterates the 1924 Declaration’s pledge that “mankind owes to the child the best it has to give,” and specifically calls upon voluntary organizations and local authorities to strive for the observance of children’s rights. One of the key principles in the DRC is that a child is to enjoy “special protection” as well as “opportunities and facilities, by law and by other means,” for healthy and normal physical, mental, moral, spiritual, and social development “in conditions of freedom and dignity.”  The “paramount consideration” in enacting laws for this purpose is “the best interests of the child a standard echoed throughout legal instruments on children’s rights.  Among other DRC principles, a child is entitled to a name and nationality; to adequate nutrition, housing, recreation, and medical services; to an education; and, for the handicapped, to “special treatment, education and care.”Other principles are on protection against neglect, cruelty and exploitation, trafficking, underage labor, and discrimination.

Regional Documentation

African Charter on the Rights and Welfare of the Child 1990

The African Charter on the Rights and Welfare of the Child (ACRWC), the first regional treaty on children’s rights, builds on the 1979 Declaration on the Rights and Welfare of the African Child,[19] but most of its provisions are modeled after those of the CRC.  “The main difference lies in the existence of provisions concerning children’s duties [in article 31], in line with the African Human Rights Charter” . The Preamble states that “the child occupies a unique and privileged position in the African society” and requires legal protection as well as “particular care with regard to health, physical, mental, moral and social development.”  A child is defined as “every human being below the age of 18 years” (article 2).  The ACRWC sets forth the principles of non-discrimination and the best interests of the child and also provides that children have an inherent right to life, protected by law. The death sentence is not to be applied to crimes committed by children (articles 3-5). Children have a right to a name and nationality as well as to freedom of expression, association and peaceful assembly; thought, religion, and conscience; privacy; education; and rest and leisure (articles 6-12). Special measures of protection are to be taken for handicapped children and children should enjoy physical, mental, and spiritual health (articles 13-14).  Children should also be protected against all forms of economic exploitation and from performing work likely to be hazardous (article 15) and against all forms of torture, maltreatment, and abuse (article 16); harmful social and cultural practices (article 21); all forms of sexual exploitation or abuse (article 27); the use of narcotics and illicit drugs (article 28); and abduction, sale, trafficking, and use in begging (article 29).

CHILD RIGHTS IN EUROPE

As laid down in the UN Convention on the Rights of the Child (UNCRC), a child is any human being below the age of 18. Children make up one third of the world's population and one fifth of the population of the EU.
Children's rights form part of the human rights that the EU and EU countries must respect.
The Treaty of Lisbon introduced an objective for the EU to promote children's rights. Moreover the Charter of Fundamental Rights of the EU guarantees the protection of children's rights by EU institutions, as well as by EU countries when they implement EU law.
Within this framework the Commission helps to protect, promote and fulfil the rights of the child in all internal and external EU actions and policies with an impact on them.
The Commission is also guided by the principles set out in the UN Convention on the Rights of the Child, ratified by all EU countries.

Vulnerable citizens

Despite European, national and international efforts to protect and promote the rights of the child, the situation of children in Europe and around the worldis far from satisfactory.

For example, 19% of children in the EU are at risk of poverty.

Children involved in justice systems along with other children in vulnerable situations, such as those living in institutions for people with disabilities, can face numerous restrictions or violations to their rights.

Each day, children are trafficked or fall victim to sexual abuse. Those coming to the EU from third countries can face many threats to their well-being.

Rights of the child: the Commission in action

DG Justice has a coordination role on the rights of the child among the Commission's services.
Through the children's rights coordinator and an inter-service group, it cooperates with other services of the Commission to make sure that the rights of the child take a prominent role in all relevant policies and actions.

Below you will find information about the actions of other Commission services to protect and promote the rights of the child.

CHILD RIGHTS 3

CONSTITUTION OF INDIA

Children on account of their tender age and immature mind need special care and protection. They have certain special rights and legal entitlements that are being acknowledged nationally and internationally. The constitution of India recognized the rights of children for the first time and included several articles dealing with their liberty, livelihood, and development of childhood, non-discrimination in educational spheres, compulsory and free education and prohibition of their employment in factories, mines and hazardous industries. Socially and physically children are the weakest element of the society. They are not responsible for many of the cases and do not deserve to suffer. They have no say in any of the matters of evils like war or external debt. It has been rightly stated in the 1924 declaration of rights of the child (declaration of Geneva) that has now been used for all child causes “mankind owes to the chills the best it has to give”. Children are the future. By investing in them societies will have a bright future?

Right to education
Article 21-A of the constitution states that “right to education-the state shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the state may, by law determine.

The Supreme Court in its liberal interpretation of life and liberty as under Article 21 held that the term liberty not only includes liberty but also includes livelihood but also the right of human beings to live with dignity and that also includes the right to education, and therefore, right to education is a fundamental right under the constitution. The case of Mohini Jain case came to be fortified by the supreme courts subsequent constitution bench of Unnikrishnan’s case, which held that right to education can be restricted to primary educational level and not to higher secondary level.

Article 45 Provision for early childhood care and education to children below the age of six years-
The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.

CHILD RIGHTS 2

Child rights helps children to get attention to rights of special protection and care. A child is any human being below the age of eighteen years,unless under the law applicable to the child. Now a days there are many NGO’s taking place in India . These NGO’s performs many activities for poor childrens.

        Child rights includes  their right to association with both parents,human identity as wellas the basic need for food,healthcare and criminal laws. The child should get freedom from discrimination , gender, sexual orientation, gender identity religion or other characteristics.

        Child rights allows the children to be free from abuse,physically and mentlally enforcement. The term child does not mean only minor children but also incudes adult children and non dependent children.

Structures such as government policy have been held by some commentators to mask the ways adults abuse and exploit children, resulting in child poverty.

Caste discrimination is the biggest issue in our country. Admissions in school and colleges are taken on the basis of caste. Researchers have identified that children should be recognized asparticipants in society whose rights and responsibilitie need to be recognized at all ages. 

CHILD RIGHTS IN RURAL AREAS

While the urban girl child is still at a disadvantage, her rural counterpart has some ray of hope. Nearly 19.70% rural mothers favour education for their daughters than 7.22 % in cities. This survey was conducted by the Woman and Child Welfare Department in north India.

Underprivileged girl child education in India : Even 86% of the rural fathers felt education would help girls to gain knowledge but only 72.22% of urban fathers felt that education would be good, to get a good life partner! Another startling fact discovered was while 37.25% urban girls felt their parents were against their education only 7.14% of rural parents were against education for girls.

Obviously the urban parents seem to be more orthodox in their views. They have a mindset that does not allow the girl child the freedom. This survey was done between the years 2005-06. The urban girls who felt difference in upbringing with her brother was 15.4% and in rural areas it was 8.85%.

The urban girls felt they were cursed more than rural ones for their gender. The only time the urban girls has any advantage is when they opt for love marriage. They have more freedom than the rural girls.
In rural areas the women are more hopeful that education will help their daughters to earn better. The National Plan of Action for the Girl Child has been devised to eradiate gender discrimination, female foeticide and infanticide, protect and rehabilitate the girls, shelter from abuse, violence assault and exploitation.

In 1970 when the contraception was introduced, nearly 90 % of all sterilization was female! In rural areas where there is poverty, there is a thrust on cleanliness and healthcare.
Most women were prone to breast their girls for shorter times than boys. They are eager to get pregnant again. After a boy is born, the thrust is more on looking after the male child. There was a study done in 20 villages of Maharastra by Swayam Shikshan Prayog (SSP).

All women were trying to survive with insufficient incomes, hard work and lived without basic necessities like food, water and shelter. Nearly 85% of the women workforce was finding it difficult to sustain the family with bare minimum care. For them surviving to see the next day is the biggest challenge.

Status of girl child in india :If a girl child gets sick in the village, the parents expect the illness to pass off naturally. In a rich state like Punjab, medical facilities for boys are 2.3 times higher than girls.  If a girl does grow up there are fewer healthcares facilities for her. India has the highest maternal mortality rates in rural areas worldwide.

If a woman goes through many pregnancies and falls ill, she resorts to home remedies rather than go to a gynaecologist. In Maharastra, about 92% of women suffer from some gynaecological disorder making it difficult for them to have healthy children. The NGOs and government organisations may do their best to educate and take out programs. The parents themselves are making life hell for their little girls.

CHILD RIGHTS TO EDUCATION

Education is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. Yet millions of children and adults remain deprived of educational opportunities, many as a result of poverty.

Normative instruments of the United Nations and UNESCO lay down international legal obligations for the right to education. These instruments promote and develop the right of every person to enjoy access to education of good quality, without discrimination or exclusion. These instruments bear witness to the great importance that Member States and the international community attach to normative action for realizing the right to education. It is for governments to fulfil their obligations both legal and political in regard to providing education for all of good quality and to implement and monitor more effectively education strategies.

Education is a powerful tool by which economically and socially marginalized adults and children can lift themselves out of poverty and participate fully as citizens.

Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

·         Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.

·         It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

·         It makes provisions for a non-admitted child to be admitted to an age appropriate class.

·         It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.

·         It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours.

·         It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.

·         It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.

·         It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,

·         It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

CHILD RIGHTS

The child right is abandoned. Government has taken a meaningful step. The child right has brought India’s future on a good track. Poor childrens do not get chance to get in school for proper education. They do not get proper food that’s why they go through malnutrition.

        They suffer from many forms of violence. They are treated with inhumanity. They do not get proper medical heathcare that leads them to suffer from many forms of diseases. In the history of human rights, the rights of children are the most ratified.

        Government should provide facilities such as healthy food,medical healthcare,education etc to these childrens. The united nations convention on the rights of the child(UNCRC) defines child rights as the minimum entitlememts and freedoms that should be afforded to every citizen below the age of 18. These rights provide children to live in freedom, in family environment, provides necessary healthcare and welfare and education. These rights are classified in four categories.

1) Right to survival

Right to born

Right to live with dignity

2) Right to protection

Right to protected from all sorts of violence

Right to be protected from neglect

3) Right to participation

Right to freedom of opinion

Right to information

4) Right to development

Right to education

Right to learn