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Women and Child Law

Submitted to:
Ms. Dakshita Sangwan
Faculty of Law,
Jamia Millia Islamia.

Prepared By:
Anirudh Arora
B.A. LL.B.(Hons.)
Faculty of Law,
Jamia Millia Islamia


At the outset, I would like to thank my Women and Child Law teacher, Ms.
Dakshita Sangwan, for being a guiding force throughout the course of this
submission and being instrumental in the successful completion of this project
report without which my efforts would have been in vain.
I am thankful to the Librarians, Faculty of Law, Jamia Millia Islamia for helping
me in collecting the relevant material for my project report.
I would like to extend my sincere thanks to my friends and family for their
constant review and honest remarks.



P. Bhandhua Mukti Morcha v. M. Case Name 1.N 6. State of T. Gaurav Jain v Union of India 4|Page .Mehta v. Indian Council for Social Welfare v. Union of India 4.C. Uganda v Congo 2. No. Union of India 7. Alba v. 5. Sillerico 3.Table of Cases S. Lakshmi Kant Pandey v. State of A.

which is conducive to his social and physical health. psychological and the social support. Right to education. Besides. it was a very poor substitute to the parental care. Children are expected to be dominated and they are not given importance in various situations. economic empowerment. Right to food. is assured to him. Human Rights begin with Child rights. Right to sanitation. physically and mentally the nation gets deprived of the potential human resources for social progress. 5|Page . peace and order. India has the largest number of children in the world. but it doesn‟t mean that their Rights are curtailed. even where institutional care was available to the children. However. which used to go into the child‟s upbringing. Any person who has not attained maturity is considered as a Child.INTRODUCTION: Children signify eternal optimism in the human being and provide potential for the development. there has been a trend towards the nuclearization undermining the emotional. social stability and good citizenry. In the rural set up too. These children were deprived of Both parental and institutional care. This part of my project deals with few Rights of children and few International Conventions on Child Rights. Without child rights human rights has no value. with the changing socio-economic vertices weakening of the institution of joint family and resulting nuclearization of the families children were deprived of that enabling atmosphere and were propelled into an atmosphere where the parental care to the childhood started being shared with the institutions like school. Neglecting children means loss to the society as a whole. clothing and shelter. India‟s heritage of a stable family life and traditional joint family system helped children grow into an atmosphere of warmth and affection into a secure future. Rights of children includes all rights starting from Right to Life. Children are dependents. in the poorer families the children also started to share the burden of running the households. A child of today cannot develop to be a responsible and productive member of tomorrow‟s society unless an environment. Right to dignity and lot more. If the children are deprived of their childhood-socially. economically. Every nation whether developed or developing links its future with the status of the child.

national or social origin. political or other opinion. cruelty and exploitation.INTERNATIONAL BILL OF RIGHTS: The Declaration on the Right of Child. mental or moral development. shall be entitled to these rights without distinction or discrimination on account of race. color. his individual judgment and his sense of moral and social responsibility and to become useful member of society. mentally. 4. The child shall be protected from practice which may foster racial. All children without any exception whatsoever. The child shall be protected against all forms of neglect. morally. or interfere with his physical. He shall not be the subject of traffic. sex. The child shall enjoy all the rights set forth in this Declaration. The child shall not be admitted to employment before the appropriate minimum age. Peace and universal consciousness that his energy and talents should be directed to the service of his fellow men. to enable him to develop physically. 3. at least in the elementary stages. 6|Page . The child is entitled to receive education. in the enactment of laws for this purpose. The child shall enjoy special protection and shall be given opportunities and facilities by law and other means. He can be given education which promote his general culture and enable him on the basis of equal opportunity to develop his abilities. language. the best interests of the child shall be the paramount consideration. tolerance. and friendship among peoples. He shall be brought up in a spirit of understanding. in any form. He shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education. 1959: The following are few points mention in this convention: 1. spiritually and social in a healthy and normal manner and in the conditions of freedom and dignity. 2. religious and any other form of discrimination. religion. property. 5. which shall be free and compulsory. birth or other status whether of himself or his family.

It sets out in detail what every child needs to have a safe. political. abilities and talents to the fullest potential  grow up in an environment of happiness. The Convention gives children and young people over 40 substantive rights. All United Nations member states. The UNCRC is presently the most widely ratified international human rights treaty. have ratified the Convention. and where and to whom they were born. including the right to:  special protection measures and assistance  access to services such as education and healthcare  develop their personalities. economic. happy and fulfilled childhood regardless of their sex. religion.OTHER CONVENTIONS: UNITED NATIONS CONVENTIONS ON THE RIGHTS OF CHILDREN (UNCRC): The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty that grants all children and young people (aged 17 and under) a comprehensive set of rights. love and understanding  Be informed about and participate in achieving their rights in an accessible and active manner. 7|Page . The UK signed the Convention on 19 April 1990. social origin. except for the United States and Somalia. ratified it on 16 December 1991 and it came into force on 15 January 1992. It is the only international human rights treaty to include civil. social and cultural rights.

reproductive health. Namibia ratified the CRC on 30 8|Page .  To facilitate and develop multi-country and multi-agency initiatives and responses to effectively reduce HIV transmission and the impact of HIV/AIDS on children. capacity building. To date. The Convention was adopted by Resolution 44/252 of 20 November 1989 at the Forty-fourth Session of the UN General Assembly. and people with high-risk behavior. Specific Objectives:  To assist and facilitate achievement of objectives formulated for UNICEF Country Programs (national-level advocacy. through increasing the effectiveness of national and intercountry responses to the HIV/AIDS epidemic in East Asia and the Pacific and providing practical support at community level. the Convention has 193 parties. and entered into force on 2 September 1990.  To participate and help to coordinate new regional and country initiatives to reduce trafficking in women and children with HIV/AIDS/STD prevention and care activities. technical assistance for behavior development and change. women and families. young people and families. encouraging the full participation of people affected by HIV/AIDS. care and support.UNITED NATIONS INTERNATIONAL CHILDREN’S EMERGENCY FUND (UNICEF): Overall Objective: To reduce HIV transmission and to reduce the impact of the epidemic. youth. as well as facilitate exchange and sharing of information. mainstreaming of HIV/AIDS into UNICEF programming. assist with the development of effective responses to these issues. experiences and resources. on children. in accordance with Article 49(1) of the CRC. and going to scale).  To keep Country Offices and partners informed about emerging issues. Convention on the Rights of the Child: The most prominent UN manifestation to advance children‟s rights is the CRC.

6 and 12. cultural. dignity. the status of general principles. economic. political or other opinion. language. religion. The CRC follows a holistic approach to children‟s rights.The CRC. national or social origin. inter alia.  The right to life and development: Every Member State has to ensure. providing access to health care and education.  The best interest of the child has to prevail: Whenever decisions are being taken which may have an impact on children. freedom. which build the foundation for all children‟s rights:  The right to equality: No child may be discriminated against on the basis of race.September 1990. to the maximum extent possible. colour. tolerance. and they should be involved in decision-making processes according to their age and maturity. property. and that equal importance must be attached to each and every right contained therein. sex. namely Articles 2. Although the Articles of the CRC are interrelated and should be considered together. incorporates the full range of human rights – civil. This applies to the family as well as to state action. which consists of 54 Articles. the survival and development of the child by. therefore. political and social – and creates the international foundation for the protection and promotion of human rights and fundamental freedoms of all persons under the age of 18. equality and solidarity. recognising that the rights anchored in the Convention are indivisible and interrelated. birth or other status. 3.27 The CRC is.  Respect for children‟s own views: Children should be respected and taken seriously. the Committee on the Rights of the Child has accorded four provisions contained in the Convention. 9|Page . and brought up in the spirit of peace.26 The Convention represents widespread recognition that children should be fully prepared to live an individual life in society. the best interest of the child has to be taken into account at all stages. and by protecting the child from economic and social exploitation. founded on the following principles.

The Court determined that child‟s request to be separated from his father should prevail over his father's right to custody JAPANESE Decision on the share in the inheritance of an illegitimate child This is the Case concerning inheritance rights of children born out of wedlock in Japan. for which the child is in no way responsible. Inheritance. exceeds the purpose of the law (i. Furthermore. Sillerico This is the Case concerning the placement of a child in an orphanage following allegations of abuse.CASES DECIDED BY INTERNATION JUDICIAL ORGANS: Uganda v Congo This is the Case prosecuting Uganda's recruitment of child soldiers and other human rights abuses during its invasion and occupation of parts of the Democratic Republic of Congo. discrimination based on parents' marital status. laws should be enacted upon the basis of the dignity of individuals and the essential equality of men and women. 10 | P a g e .e. the protection of marriage). It was decided that States parties to the Convention must take all feasible measures to ensure that persons who have not attained the age of 15 years do not take part in direct hostilities Alba v. The Court upheld the provision of the Civil Code which states that the share of inheritance of a child who is born outside of wedlock is half that of a child born within marriage. The Provision unreasonably discriminates against children born out of wedlock in violation of Article 14 of the Constitution and should be null and void. Article 13 of the Constitution requires that "all people are respected as individuals" and Article 24 provides that "on matters concerning inheritance and family.. Discrimination on the grounds of the parents' marital status at birth.

child spacing. We will work to strengthen the role and status of women. 3. COMMISIONS. We will work for optimal growth and development in childhood. to promote pre-natal care and to lower infant and child mortality in all countries and among all peoples. 5. We will work for respect for the role of the family in providing for children and will support the efforts of parents. through measures to eradicate hunger. 2. as well as in our respective countries. 11 | P a g e . taking into account the distinct cultural and social values in different countries. from the earliest stages of childhood through adolescence. i. that prepare children for productive employment and lifelong learning opportunities. We also recognize the special needs of children who are separated from their families. We will work for a solid effort of national and international action to enhance children's health. as well as universal access to sanitation. malnutrition and famine. breastfeeding and safe motherhood. irrespective of their background and gender. 6. We will work for programmers that reduce illiteracy and provide educational opportunities for all children. We will promote the provision of clean water in all communities for all their children. through vocational training. Protection and Development of Children: The commitment: We have agreed that we will act together. and thus to relieve millions of children of tragic sufferings in a world that has the means to feed all its citizens. in international co-operation. Programmers to encourage information about children's rights should be launched world-wide. other care-givers and communities to nurture and care for children.DECLARATIONS. 4. SIMMITS AND REPORTS: World Declaration on the Survival.e. We now commit ourselves to the following 10-point programmed to protect the rights of children and to improve their lives: 1. We will work to promote earliest possible ratification and implementation of the Convention on the Rights of the Child. We will promote responsible planning of family size. and that enable children to grow to adulthood within a supportive and nurturing cultural and social context.

where war and violence are still taking place. the socially disadvantaged and the exploited. understanding and dialogue in the education of children. orphans and street children and children of migrant workers. while ensuring the well-being of the most vulnerable sectors of the populations. We will work for special protection of the working child and for the abolition of illegal child labour. Refugee children must be helped to find new roots in life. We will work to ameliorate the plight of millions of children who live under especially difficult circumstances . in order to give children everywhere a peaceful and secure future. We will do our best to ensure that children are not drawn into becoming victims of the scourge of illicit drugs. That calls for transfers of appropriate additional resources to developing countries as well as improved terms of trade. 9. It also implies structural adjustments that promote world economic growth. We will promote the values of peace. 12 | P a g e . 10. the displaced children and victims of natural and man-made disasters. The essential needs of children and families must be protected even in times of war and in violence. particularly in developing victims of apartheid and foreign occupation. in particular the children. further trade liberalization and measures for debt relief.7. We will work carefully to protect children from the scourge of war and to take measures to prevent further armed conflicts. so that all children can enjoy a safer and healthier future. 8. We will work for a global attack on poverty. But growth and development need promotion in all States. the disabled and the abused. which would have immediate benefits for children's welfare. We will work for common measures for the protection of the environment. at all levels. We ask that periods of tranquility and special relief corridors be observed for the benefit of children. The vulnerability and special needs of the children of the developing countries. through national action and international cooperation.ridden areas. and in particular the least developed ones. deserve priority.

which enabled authorized persons to remove children deemed to be „in need of care and protection‟. With the assistance of human rights lawyers. during which time the social workers were required to investigate and compile a report. C‟s child be returned to his care. C. the Children’s Act was held to be inconsistent with section 28 (rights of the child) and section 34 (access to justice) of South Africa‟s Bill of Rights The first applicant. Pursuant to the Children’s Act. The High Court ordered that Mr. Ms M. who usually cared for the child. Social workers removed these children from their parents‟ care in accordance the Children’s Act. the High Court also held that provisions of the Children’s Act authorizing the removals were unconstitutional. Therefore. was accompanied by her two daughters. The majority of the Constitutional Court held that prompt judicial review of decisions to remove children from their families is in the „best interests‟ of children and is necessary to safeguard the right to access to justice. a blind woman. He had his three year old daughter with him because his partner. Mrs.Removal of children without automatic judicial review held to be a breach of children’s rights: South Africa‟s Constitutional Court has overturned legislation that enabled state officials to remove children from family care without requiring prompt and automatic judicial review. while begging. was repairing shoes on a street corner. aged one and four. the parents challenged these decisions in the High Court. the removal decisions were to be reviewed by a children‟s court after 90 days. In reaching its decision. although Ms M‟s daughters were ordered to remain in state care. The Constitutional Court was called on to confirm the High Court‟s declaration of unconstitutionality. 13 | P a g e . The legislation did not require automatic judicial review before the end of the 90-day period. had been hospitalized.

Reaffirming their commitment to the Colombo Plan of Action and the Rawalpindi Declaration and recalling the declaration of 2001 to 2010 as the SAARC Decade of the Rights of the Child. They need protection and provisions to develop in complete beings capable to steer the nation. 21 A (vide 86th Amendment) provide the fundamental right to primary education to the children in the age group of 6-14 14 | P a g e . the Heads of State or Government noted with appreciation the South Asia High-level Meeting on Children held in Kathmandu in May 2001. development and welfare of children. it was envisioned that children are the assets of the country. 39 (e) & (f) in DPSP lay down that the state shall direct its policy in such a manner that the tender age of the children is not abused and children are given opportunities and facilities to develop in a healthy manner and the childhood is protected against exploitation and against moral and material abandonment. Art. Art. CONSTITUTIONAL PROVISIONS: Though the concept of the rights of the child was not very lucid at the time of making of the Constitution. The Expert Group Meeting to finalize the In-depth Assessment Report of the implementation of the SAARC Decade of the Rights Rights of Child (2001-2010) which was held at the SAARC Secretariat on 2 April 2010. The Indian Constitution contains certain provisions specifically aimed for protection. Art. During the Eleventh SAARC Summit (Kathmandu. 4-6 January 2002.SAARC Decade of the Rights of Child (2001-2010) Third Ministerial Conference on the Children of South Asia held in August 1996.24 prohibits the employment of children in any factory or mine or in any other hazardous occupation. at Rawalpindi recommended the observance of the SAARC Decade of the Rights of the Child (2001-2010). the Leaders directed the Council of Ministers to take concrete steps to give priority to investing in children as an effective means for poverty reduction in the long run.

The Child Labour (Prohibition and Regulation) Act. 1986 8. 1961 5. Protection of Rights and Full Participation) Act. 1956 11. 1890 10. 1994 17. The Apprentices Act. 1958 13. 1995 18. 2000 1 (Source: India Country Report to the UN CRC. The Orphanages and Other Charitable Homes (Supervision And Control) Act. The Persons With Disabilities (Equal Opportunities. which guarantee to a substantial extent the rights and entitlements as provided in the Constitution and in the UN CRC1 1. The Guardian and Wards Act. 1933 3. The Prenatal Diagnostic Technique (Regulation. 45 in the DPSP creates provision for the early childhood care and education of children. 1986 9. 1956 The Hindu Adoption and Maintenance Act. The Immoral Traffic (Prevention) Act. 196 12. The Factories Act. The Mine‟s Amendment Act. 1956 6. The Hindu Minority and Guardianship Act. The Young Persons Harmful Publications Act. The Child Marriage Restraint Act. 1997) 15 | P a g e . The Juvenile Justice Act. OTHER LEGISLATIVE SUPPORT TO THE CHILD RIGHTS There are a host of other legislations. Feeding Bottles and Infant Foods (Regulation of Production. The Women‟s and Children‟s Institutions (Licensing) Act. The Probation of Offenders Act. The Reformatory Schools Act. Supply and Distribution Act. 1948 4. 1956 15. Prevention and Misuse) Act. Art. 1897 14. The Children (Pledging of Labour) Act. 1992 16.years. The Infant Milks Substitutes. 1929 2. 1983 7.

long before the international community started recognizing the rights of the child. 16 | P a g e . an Act of Parliament (December 2005). taking care of specificities and strengths of each region.It is note worthy that among these legislations 4 belong to the pre independence era. it seeks a deeper penetration to communities and households and expects that the ground experiences inform the support the field receives from all the authorities at the higher level. THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS: The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act. respect for decentralization at the level of the local bodies at the community level and larger societal concern for children and their well-being. Thus the Commission sees an indispensable role for the State. 2005. Policies. The Commission visualises a rights-based perspective flowing into National Policies and Programmes. District and Block levels. sound institution-building processes. The Child is defined as a person in the 0 to 18 years age group. the welfare approach is all-pervasive. Even in the legislations carried out after India became a signatory to the CRC (only 3). In order to touch every child. 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. along with nuanced responses at the State. They aim at welfare of the children rather than according them any justiciable rights. At best they can seem to be invested with protectionist welfare approach. Obviously these legislations are meant for the benefit of children but are divorced with the rights approach. The Commission's Mandate is to ensure that all Laws.

State of T. Also Bhandhua Mukti Morcha v. AIR 1984 SC 469] [(1999) 6 SCC 365] 4 [(1996) 6 SCC 756. The Supreme Court held that any adoption in violation of or non-compliance with may lead adoption to be declared invalid and expose person concerned with to strict action including prosecution. dignity. legal regulation of such adoptions was essential. In the absence of legislation. Union of India2: This is an extremely important case relating to the adoption of Indian children by persons inside and outside India. the Supreme Court framed elaborate guidelines in the matter. care.Mehta v.CASES DECIDED BY JUDICIAL ORGANS: Lakshmi Kant Pandey v.5 Gaurav Jain v Union of India6: The Supreme Court held that the children of the prostitutes have the right to equality of opportunity. protection and rehabilitation so as to be part of the mainstream of social life without any pre-stigma attached on them. There was no law to regulate intercountry adoptions and such lack of legal regulation could cause incalculable harm to Indian children. social activists have used these directions to protect children and promote desirable adoptions.3 M. employment of their parents / guardians and their education. The Government of India framed a national policy in this regard. For years. State of A. AIR 1997 SC 699] 5 [(1997) 10 SCC 549. Union of India.N. The Court directed for the constitution of a committee to formulate a scheme for the rehabilitation of such children and child prostitutes and for its implementation and submission of periodical report of its Registry. AIR 1997 SC 2218] 6 [(1997) 8 SCC 114.P.4: The Supreme Court directed that the employers of children below 14 years must comply with the provisions of the Child Labour (Prohibition and Regulation) Act providing for compensation. Therefore. Considering the possibility of child trade for prostitution as well as slave labor.C. Justice Bhagwati created a scheme for regulating both inter-country and intra-country adoptions. AIR 1997 SC 3021] 3 17 | P a g e . Also Indian Council for Social Welfare v. 2 [(1984) 2 SCC 244.

. a comprehensive health programme. This Policy lies down that the State shall provide adequate services towards children. free and compulsory education for all children up to the age of 14 years. . 1992 to reiterate its commitment to the cause of children. etc. The children without homes 18 | P a g e . supplementary nutrition for mothers and children. The objective of the Convention is to give every child the right to survival and development in a healthy and congenial environment. The measures suggested include amongst others. emergency medicines and contingency. The Government of India adopted the National Charter for Children which has been prepared after obtaining the views/comments and suggestions of the State Governments/UT Administrations.POLICIES: The National Policy for Children was adopted on 22nd Aug. SCHEMES: Several Ministries and Departments of the Government of India are implementing various schemes and programmes for the benefit of children.. The Scheme provides crèche services to the children of age group of 0 to 6 year. The Scheme aims at providing full and wholesome development of children without homes and family ties. Programme for Street Children is being implemented by the Ministry of An Integrated Women and Child Development specifically for those children who are on streets and homeless and include the rag picking and vagabond children. 1974. both before and after birth and during the growing stages for their full physical. promotion of physical education and recreational activities. which includes supplementary nutrition. prevention of exploitation of children. Some of the Schemes and Programmes being implemented by the Ministry of Women and Child Development are as under: Integrated Child Development Services (ICDS) Scheme: The Ministry of Women and Child Development has launched. mental and social development. concerned Ministries and Departments and experts in the field India acceded to the UN Convention on the Rights of the Child on 11th Dec. The Scheme has been named as Rajiv Gandhi National Crèche Scheme for the Children of Working Mothers. special consideration for children of weaker sections like SCs and STs.

19 | P a g e . Financial assistance is provided to the NGOs who are eligible and working for the welfare of the street children.and family ties and children especially vulnerable to abuse and exploitation such as children of sex workers and children of pavement dwellers are the target group for this Programme. safe drinking water.  Institutional care shall be used but only as a last measure by enlarging the range of suitable alternatives. It has prescribed minimum quality standards for the services to be provided by its partner organizations that are implementing Child line programmers in various cities of the country. education and recreational facilities and protection against abuse and exploitation. CIF is also involved in awareness and advocacy in order to strengthen the efforts relating to child welfare. sanitation and hygiene. Vocational Training to Children. Shelter Home. NGOs: Child line India Foundation (CIF): It has been set up as a nodal organization. supported by Government of India. Child line is a toll free telephone service (1098) which anyone can call for assistance in the interest of children.  Training. to monitor and ensure the qualitative development of the Child line service across the country. Nutrition. orientation and sensitization of Judicial.  Financial assistance to bring about a qualitative improvement in the existing infrastructure. administrative police and NGOs responsible for implementation of JJ Act. for Formal & Non-formal Education. Integrated Programme For Juvenile Justice: Some special features of the scheme areas:  Establishment of a National Advisory Board on Juvenile Justice  Creation of a Juvenile Justice Fund. health care.

who were explained why girl child education is important not only for the overall development of the girl. the importance of education in the overall development of a girl. whose parents have been tried to made understand . It has been actively involved in the organizing Sahariya Tribal communities to assert their rights of equality. The next step was to do IPC with the parents of Suman. Suman said that she does want to come to the school. but now since the organizations. to look after the household tasks. On the completion of the counseling session. government and schools are themselves making efforts to ensure education for all they must now participate in this global campaign. except for Suman. but more of an institution for distribution for mid-day meal. but also how education contributes to the health. Today Suman is in 10th standard and has secured 86% marks in her examinations. On contacting the school in himmatgarh.Sambhav Social Service Organization is a voluntary agency working in the areas of rural and urban development. food and secured livelihood and a respectful place in the society. the teacher shared that most of the girls have been attending school . Sumans parents shared that they wanted suman to stay home. 20 | P a g e . but her parents are of an opinion that school is not about education anymore. Education is A Basic Child Right: Case Study Suman comes from himmatgarh. child education and women empowerment through advocacy. Suman is one of those girls who have been facing a barrier in attending schools due to lack of interest of parents in girl child education and assuming homely responsibilites to be only of the girls. Health. Suman is one of those who serves as an example for the entire community on how education transforms lives. a village 40 km north from the District headquarter of Shivpuri District of Madhya Pradesh. direct program interventions and capacity building of the community to access the benefits of State Programs. why she was not attending school. Sambhav has a deeply rooted goal to bring about a change in the lives of deprived communities through peoples organization and capacity building. while they were out for work. education and poverty reduction of the family. Following the meeting with the children Ramsevak visited suman and asked her .

it paves the way to a Universal Declaration of Children Rights. This kind of protection starts first in France and spreads across Europe afterwards. nobody thought to give special protection to children. In five chapters it gives specific rights to the children and responsibilities to the adults. taking care mainly of European children. World War II and its casualties leave thousands of children in a dire situation. French laws include the right for the children to be educated. UNICEF then puts in place several programs for helping children in their education. From its inception. children were considered as “small adults”. following the creation of The League of Nations (later to become the UN). which is the first international treaty concerning children‟s rights. children‟s protection starts to be put in place. In the Middle-Age. In the middle of the 19th century. the international community. Since December 10. The Geneva Declaration is based on the work of the Polish physician Janusz Korczak. Since 1919. the Universal Declaration of Human Rights recognizes that “motherhood and childhood are entitled to special care and assistance. the UN Fund for Urgency for the Children is created in 1947. health. including protection in the medical.Summarizing Historical overview of the Children’s rights evolution In the Antiquity. Consequently. 1924. 21 | P a g e . UNICEF focuses particularly on helping young victims of WW2. Since 1881.” In 1959 the General Assembly of the UN adopts the Declaration of the Rights of the Child. and their access to water and food. But in 1953 its mandate is enlarged to a truly international scope and its actions expanded to developing countries. 1948. enabling the progressive development of “minors‟ rights”. Since 1841. the idea appears in France to give children special protection. starts to give some kind of importance to that concept and elaborates a Committee for child protection. The League of Nations adopts the Declaration of the Rights of the Child on September 16. social and judicial fields. Whereas this text has not been signed by all the countries and its principles have only an indicative value. laws start to protect children in their workplace. which became UNICEF and was granted the status of a permanent international organization in 1953. which describes in 10 principles the children‟s rights. At the beginning of the 20th century.

In May 2000. the UN wanted to introduce a Charter of Human Rights which would be enforceable and would oblige the states to respect it. This text prohibits minors taking part in armed conflicts. Today. even though there are a few reservations concerning certain parts of the text. This text becomes an international treaty and enters in force on September 2. two texts complementary to the Universal Declaration of Human Rights were adopted by the General Assembly of the UN in New York: The International Charter for Economical. 1990. social and cultural rights of the children. where a child dies of hunger every 5 seconds. the optional protocol to the International Charter of the Child Rights regarding the participation of children in armed conflicts is ratified. Its 54 articles describe the economic. its idea and its forceful character are almost universally accepted. The Convention on the Rights of the Child is the text in relation to human rights which has been the most rapidly adopted. 1990.After the adoption of the Universal Declaration of Human Rights. Thus. after being ratified by 20 states. the right to be educated and the right to healthcare The Charter related to Civil Rights establishes the right to have a name and a nationality. The year 1979 is declared International Year of the Child by the UN. As of today. That year saw a real change of spirit. 1989. In the midst of the Cold War and after hard negotiations. as Poland makes the proposal to create a working group within the Human Rights Commission. In a world where the urgency is the master. Social and Cultural Rights recognizes the right to the protection against economical exploitation.maybe it should have started with that ? 22 | P a g e . The Convention on the Rights of the Child is adopted unanimously by the UN General Assembly on November 20. However. The Worst Forms of Child Labour Convention is adopted on June 17. the International Charter of the Child Rights has been signed by 190 states of 192. The Organization for African Unity adopts the African Charter for the Rights and Welfare of the Child on July 11. Only the US and Somalia have signed but not ratified. 1999. a Commission on Human Rights was set up to write this text. It entered into force in 2002. it is time to join theory together with its application…. which is in charge of writing an international charter. its application could still be improved and the transformation of words into acts remains to be done.

Today‟s children are tomorrows youth. Not just in human rights concept or under law we have the moral obligation to protect the rights of children. There are so many legislations passed to protect the child rights. The importance of children‟s right must be felt in each and every individuals mind. youths are the future of the nation.CONCLUSION: Children are the gift of god. 23 | P a g e .

org/safrica/childrens_rights/ http://www.cry.asp?InstID=1626 http://smilefoundationindia.BIBLIOGRAPHY http://america.un.html 24 | P a g e .h tml http://www.html http://www.asp?InstID=1422 http://www.hrcr.