Professional Documents
Culture Documents
SUBMITTED BY-
UZAIR ULLAH KHAN
4TH YEAR REGULAR
FACULTY OF LAW
JAMIA MILLIA ISLAMIA
SUBMITTED TO-
DR. NIDA ZAINAB NAQVI
TABLE OF CONTENT
Introduction
Conclusion
ACKNOWLEDGMENT
I also take this opportunity to express a deep sense of gratitude to my friends for
cordial support, valuable information and guidance, which helped me in
completing this task through exhaustive research.
INTRODUCTION
The Department of Women and Child Development, Government of India, came into
existence as a separate Ministry with effect from 30th January, 2006, earlier since
1985 it was a Department under the Ministry of Human Resources Development.
The Ministry was constituted with the prime intention of addressing gaps in State
action for women and children for promoting inter-Ministerial and inter-sectoral
convergence to create gender equitable and child-centred legislation, policies and
programmes.
The Committee on the Rights of the Child (CRC) is the body of 18 Independent
experts that monitors implementation of the Convention on the Rights of the Child by
its State parties. It also monitors implementation of two Optional Protocols to the
Convention, on involvement of children in armed conflict and on sale of children,
child prostitution and child pornography. On 19 December 2011, the UN General
Assembly approved a third Optional Protocol on a communications procedure, which
will allow individual children to submit complaints regarding specific violations of
their rights under the Convention and its first two optional protocols. The Protocol
entered into force in April 2014.
A nation’s children are a “supremely important national asset”, and the future well-
being of a nation depends upon how its children grow and develop. It is the duty of the
state to look after a child to ensuring full development of its personality. To achieve
this goal, a state must grant certain rights to the children. In India, rights of citizens
including that of children have been directly or indirectly provided for by the
Constitution of India.
The most significant of all international laws for children is the UN Convention on the
Rights of the Child, popularly referred to as the CRC. This, together with our Indian
Constitution and Laws, determine what rights all children must have.
Contained in this treaty is a profound idea: that children are not just objects who
belong to their parents and for whom decisions are made, or adults in training. Rather,
they are human beings and individuals with their own rights. The Convention says
childhood is separate from adulthood, and lasts until 18; it is a special, protected time,
in which children must be allowed to grow, learn, play, develop and flourish with
dignity. The Convention went on to become the most widely ratified human rights
treaty in history and has helped transform children’s lives.
The Convention on the Rights of the Child (CRC) applies for children under 18. It
recognises education as a legal right to every child on the basis of equal opportunity.
Its Article 28 guarantees free compulsory primary education for all; progressive free
secondary education that should in any case be available and accessible to all; and
accessibility to higher education on the basis of capacity. It states the obligation of the
State to take measures regarding school attendance and discipline. It encourage
international cooperation in matters related to education, in particular elimination of
ignorance and illiteracy and access to scientific and technical knowledge. Its Article
29 defines the aims of education and recognises also the liberty of parents to choose
the kind of education they want to give to their children and the liberty to establish
and direct educational institutions, in conformity with minimum standards laid down
by the State.
The Convention on the Rights of the Child is the first legally binding international
instrument to incorporate the full range of human rights—civil, cultural, economic,
political and social rights. 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 sets out these rights in 54 articles and two Optional Protocols. 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. Every right spelled out in the Convention is inherent to the human dignity and
harmonious development of every child. The Convention protects children's rights by
setting standards in health care; education; and legal, civil and social services.
The path to the Convention on the Rights of the Child has been long and slow. In
1945, the United Nations Charter laid the groundwork for the Convention by urging
nations to promote and encourage respect for human rights and fundamental freedoms
'for all'. The Universal Declaration of Human Rights followed three years later, further
stressing that "motherhood and childhood are entitled to special care and protection"
and referring to the family as "the natural and fundamental group unit of society."
Several Declarations on the Rights of the Child were agreed during the twentieth
century, the last in 1959 "recognizing that Mankind owes to the child the best that it
has to give."
Declarations are statements of moral and ethical intent but they are not legally binding
instruments. The international human rights framework was therefore built to contain
covenants (or conventions) that carry the weight of international law. In 1976, the first
two covenants—the International Covenants on Civil and Political Rights and on
Economic, Social and Cultural Rights—became binding on States parties. These two
Covenants used the foundation of the rights and principles in the Universal
Declaration of Human Rights, and thus provided a legal as well as a moral obligation
for countries to respect the human rights of each individual.
Children’s rights then followed the same path. In 1978, on the eve of the United
Nations-sponsored International Year of the Child, a draft text was proposed for the
Convention on the Rights of the Child. Drawing heavily from the Universal
Declaration of Human Rights; the International Covenant on Civil and Political
Rights; and the International Covenant on Economic, Social and Cultural Rights, a
working group within the United Nations then collaborated and revised the draft,
finally agreeing what became the articles of the Convention on the Rights of the
Child.
Final approval from United Nations Member States came when the UN General
Assembly unanimously adopted the text of the Convention on the Rights of the Child
on 20 November 1989. The Convention then became legally binding in September
1990, after 20 States had ratified it. Many countries ratified the Convention very soon
after it was adopted and others continued to ratify or accede to it, making it the most
widely ratified human rights treaty. Nearly all States are now parties. Somalia and the
United States have not yet ratified the Convention but have signed it, indicating their
support.
The Convention is the most widely ratified human rights treaty in history. It has
inspired governments to change laws and policies and make investments so that more
children finally get the health care and nutrition they need to survive and develop, and
there are stronger safeguards in place to protect children from violence and
exploitation. It has also enabled more children to have their voices heard and
participate in their societies.
Despite this progress, the Convention is still not fully implemented or widely known
and understood. Millions of children continue to suffer violations of their rights when
they are denied adequate health care, nutrition, education and protection from
violence. Childhoods continue to be cut short when children are forced to leave
school, do hazardous work, get married, fight in wars or are locked up in adult
prisons.
And global changes, like the rise of digital technology, environmental change,
prolonged conflict and mass migration are completely changing childhood. Today’s
children face new threats to their rights, but they also have new opportunities to
realize their rights.
The hope, vision and commitment of world leaders in 1989 led to the Convention. It is
up to today’s generation to demand that world leaders from government, business and
communities end child rights violations now, once and for all. They must commit to
action to make sure every child, has every right.
Protecting and realizing children's rights-
Human rights apply to all age groups; children have the same general human rights as
adults. But children are particularly vulnerable and so they also have particular rights
that recognize their special need for protection.
The Convention on the Rights of the Child sets out the rights that must be realized for
children to develop their full potential, free from hunger and want, neglect and abuse.
It reflects a new vision of the child. Children are neither the property of their parents
nor are they helpless objects of charity. They are human beings and are the subject of
their own rights. The Convention offers a vision of the child as an individual and as a
member of a family and community, with rights and responsibilities appropriate to his
or her age and stage of development. By recognizing children's rights in this way, the
Convention firmly sets the focus on the whole child.
The Convention and its acceptance by so many countries has heightened recognition
of the fundamental human dignity of all children and the urgency of ensuring their
well-being and development. The Convention makes clear the idea that a basic quality
of life should be the right of all children, rather than a privilege enjoyed by a few.
Despite the existence of rights, children suffer from poverty, homelessness, abuse,
neglect, preventable diseases, unequal access to education and justice systems that do
not recognize their special needs. These are problems that occur in both industrialized
and developing countries.
The task, however, must engage not just governments but all members of society. The
standards and principles articulated in the Convention can only become a reality when
they are respected by everyone—within the family, in schools and other institutions
that provide services for children, in communities and at all levels of administration.
Human rights apply to all age groups; children have the same general human rights as
adults. But children are particularly vulnerable and so they also have particular rights
that recognize their special need for protection.
The Convention on the Rights of the Child sets out the rights that must be realized for
children to develop their full potential, free from hunger and want, neglect and abuse.
It reflects a new vision of the child. Children are neither the property of their parents
nor are they helpless objects of charity. They are human beings and are the subject of
their own rights. The Convention offers a vision of the child as an individual and as a
member of a family and community, with rights and responsibilities appropriate to his
or her age and stage of development. By recognizing children's rights in this way, the
Convention firmly sets the focus on the whole child.
The Convention and its acceptance by so many countries has heightened recognition
of the fundamental human dignity of all children and the urgency of ensuring their
well-being and development. The Convention makes clear the idea that a basic quality
of life should be the right of all children, rather than a privilege enjoyed by a few.
Despite the existence of rights, children suffer from poverty, homelessness, abuse,
neglect, preventable diseases, unequal access to education and justice systems that do
not recognize their special needs. These are problems that occur in both industrialized
and developing countries.
The task, however, must engage not just governments but all members of society. The
standards and principles articulated in the Convention can only become a reality when
they are respected by everyone—within the family, in schools and other institutions
that provide services for children, in communities and at all levels of administration.
Governments must be sensitive to the rights of all their citizens—not just to those of
children—but the world community recognizes that priority should be given to
protecting children’s rights. There are many reasons for singling out children's rights
in a separate human rights Convention:
Children are individuals. Children are neither the possessions of parents nor of the
state, nor are they mere people-in-the-making; they have equal status as members of
the human family.
Children start life as totally dependent beings. Children must rely on adults for the
nurture and guidance they need to grow towards independence. Such nurture is ideally
found in adults in children's families, but when primary caregivers cannot meet
children's needs, it is up to society to fill the gap.
The actions, or inactions, of government impact children more strongly than any
other group in society. Practically every area of government policy (for example,
education, public health and so on) affects children to some degree. Short-sighted
policymaking that fails to take children into account has a negative impact on the
future of all members of society by giving rise to policies that cannot work.
Children's views are rarely heard and rarely considered in the political
process. Children generally do not vote and do not otherwise take part in political
processes. Without special attention to the opinions of children—as expressed at home
and in schools, in local communities and even in governments—children's views go
unheard on the many important issues that affect them now or will affect them in the
future.
malnutrition and poverty threaten the future of children and therefore the future of the
societies in which they live.
The costs to society of failing its children are huge. Social research findings show
that children's earliest experiences significantly influence their future development.
The course of their development determines their contribution, or cost, to society over
the course of their lives.
Governments are obliged to recognize the full spectrum of human rights for all
children and consider children in legislative and policy decisions. While many States
are beginning to listen seriously to children's views on many important issues, the
process of change is still in its earliest stages.
Children have a right to express their opinions and to have their views taken seriously
and given due weight. But children also have a responsibility to respect the rights of
others, especially those of their parents.
The Convention specifically refers to the family as the fundamental group of society
and the natural environment for the growth and well-being of its members,
particularly children. Under the Convention, States are obliged to respect parents'
primary responsibility for providing care and guidance for their children and to
support parents in this regard, providing material assistance and support programmes.
States are also obliged to prevent children from being separated from their families
unless the separation is necessary for the child's best interests.
Under the Convention, State Parties have an obligation to amend and create laws and
policies to fully implement the Convention. As a result, the Convention has inspired a
process of national legal implementation and social change in all regions of the world.
Local and national governments have amended laws to take into consideration the best
interests of the child and adopted social policies that promote realization of children’s
rights. Individuals, including children, and communities have actively voiced their
views and called for change.
For more information on how the rights and principles in the Convention are put into
practice, see the ‘Implementation’ page in the ‘Using the Convention and Protocols’
section on the left menu.
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.
This compilation and clarification of children’s human rights sets out the necessary
environment and means to enable every human being to develop to their full potential.
The articles of the Convention, in addition to laying the foundational principles from
which all rights must be achieved, call for the provision of specific resources, skills
and contributions necessary to ensure the survival and development of children to
their maximum capability. The articles also require the creation of means to protect
children from neglect, exploitation and abuse.
All children have the same rights. All rights are interconnected and of equal
importance. The Convention stresses these principles and refers to the responsibility
of children to respect the rights of others, especially their parents. By the same token,
children's understanding of the issues raised in the Convention will vary depending on
the age of the child. Helping children to understand their rights does not mean parents
should push them to make choices with consequences they are too young to handle.
The Convention expressly recognizes that parents have the most important role in the
bringing up children. The text encourages parents to deal with rights issues with their
children "in a manner consistent with the evolving capacities of the child" (article 5).
Parents, who are intuitively aware of their child's level of development, will do this
naturally. The issues they discuss, the way in which they answer questions, or the
discipline methods they use will differ depending on whether the child is 3, 9 or 16
years of age.
The Convention on the Rights of the Child was the first instrument to incorporate the
complete range of international human rights— including civil, cultural, economic,
political and social rights as well as aspects of humanitarian law.
The articles of the Convention may be grouped into four categories of rights and a set
of guiding principles. By clicking on any of the categories below, you can link to a
plain-language explanation of the applicable articles in the Convention. Additional
provisions of the Convention (articles 43 to 54) discuss implementation measures for
the Convention, explaining how governments and international organizations like
UNICEF will work to ensure children are protected in their rights. You can see the full
text of the Convention by clicking on the link in the box on the right.
Survival and development rights : These are rights to the resources, skills and
contributions 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.
These rights require not only the existence of the means to fulfil the rights but also
access to them. Specific articles address the needs of child refugees, children with
disabilities and children of minority or indigenous groups.
Protection rights : These rights include protection from all forms of child abuse,
neglect, exploitation and cruelty, including the right to special protection in times of
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. Engaging these rights as they mature helps
children bring about the realization of all their rights and prepares them for an active
role in society.
The equality and interconnection of rights are stressed in the Convention. In addition
to governments’ obligations, children and parents are responsible for respecting the
rights of others—particularly each other. Children’s understanding of rights will vary
depending on age and parents in particular should tailor the issues they discuss, the
way in which they answer questions and discipline methods to the age and maturity of
the individual child.
Besides these they also have rights as equal citizens of India, just as any other
adult male or female:
Right to equality (Article 14).
Right against discrimination (Article 15).
Right to personal liberty and due process of law (Article 21).
Right to being protected from being trafficked and forced into bonded labour
(Article 23).
Right of weaker sections of the people to be protected from social injustice and
all forms of exploitation (Article 46).
Right to free and compulsory elementary education for all children in the 6-14
year age group (Article 21 A)
Right to be protected from any hazardous employment till the age of 14 years
(Article 24)
Right to be protected from being abused and forced by economic necessity to
enter occupations unsuited to their age or strength (Article 39(e))
Right to equal opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and guaranteed protection of childhood and
youth against exploitation and against moral and material abandonment (Article 39
(f))
Right to early childhood care and education to all children until they complete
the age of six years (Article 45)
Besides, Children also have rights as equal citizens of India, just as any other
adult male or female:
The Convention on the Rights of the Child has been used around the world to promote
and protect children’s rights.In the years since its adoption the world has seen
significant advances in the fulfilment of children’s rights to survival, health and
education through the provision of essential goods and services, and a growing
recognition of the need to create a protective environment to shield children from
exploitation, abuse and violence.
However, there is still much to be done to create a world fit for children. Progress has
been uneven, with some countries lagging considerably behind others in giving child
rights its deserved prominence on national agendas. And in several regions and
countries some of the gains appear in danger of reversal from threats like poverty,
armed conflict and HIV/AIDS.
Every one of us has a role to play in ensuring that every child enjoys a childhood. If
you are a parent, teacher, social worker or other professional working with children,
raise awareness of the Convention on the Rights of the Child among children. If you
are a member or employee of an organization working for children’s rights, raise
awareness of the Convention and its Optional Protocols, research and document
Everyone can participate in respecting, protecting and fulfilling children’s rights. And
UNICEF can help. Whoever you are and wherever you are, contact your local
UNICEF office or National Committee to see what you can do.
Article 23
1. States Parties recognize that a mentally or physically disabled child should enjoy a
full and decent life, in conditions which ensure dignity, promote self-reliance and
facilitate the child's active participation in the community.
2. States Parties recognize the right of the disabled child to special care and shall
encourage and ensure the extension, subject to available resources, to the eligible child
and those responsible for his or her care, of assistance for which application is made
and which is appropriate to the child's condition and to the circumstances of the
parents or others caring for the child.
4. States Parties shall promote, in the spirit of international cooperation, the exchange
of appropriate information in the field of preventive health care and of medical,
psychological and functional treatment of disabled children, including dissemination
of and access to information concerning methods of rehabilitation, education and
vocational services, with the aim of enabling States Parties to improve their
capabilities and skills and to widen their experience in these areas. In this regard,
particular account shall be taken of the needs of developing countries.
Article 24
1. States Parties recognize the right of the child to the enjoyment of the highest
attainable standard of health and to facilities for the treatment of illness and
rehabilitation of health. States Parties shall strive to ensure that no child is deprived of
his or her right of access to such health care services.
2. States Parties shall pursue full implementation of this right and, in particular, shall
take appropriate measures:
(b) To ensure the provision of necessary medical assistance and health care to all
children with emphasis on the development of primary health care;
(c) To combat disease and malnutrition, including within the framework of primary
health care, though, inter alia, the application of readily available technology and
through the provision of adequate nutritious foods and clean drinking-water, taking
into consideration the dangers and risks of environmental pollution;
(d) To ensure appropriate pre-natal and post-natal health care for mothers;
(e) To ensure that all segments of society, in particular parents and children, are
informed, have access to education and are supported in the use of basic knowledge of
child health and nutrition, the advantages of breastfeeding, hygiene and environmental
sanitation and the prevention of accidents;
(f) To develop preventive health care, guidance for parents and family planning
education and services.
3. States Parties shall take all effective and appropriate measures with a view to
abolishing traditional practices prejudicial to the health of children.
CONCLUSION
A disabled child has the right to special care, education and training to help him or her
enjoy a full and decent life in dignity and achieve the greatest degree of self-reliance
and social integration possible. Children with a mental or physical disability have the
right to special care, education and training designed to help them to achieve the
greatest possible self-reliance and to lead a full active life in society. A child with a
disability has the right to live a full and decent life with dignity and, as far as possible,
independence and to play an active part in the community. Governments must do all
they can to support disabled children and their families.
The child has a right to the highest standard of health and medical care attainable.
States shall place special emphasis on the reduction of infant and child mortality and
on the provision of primary and preventive health care and of public health education.
They shall encourage international cooperation in this regard and strive to see that no
child is deprived of access to effective health services. Every child has the right to the
best possible health. Governments must provide good quality health care, clean water,
nutritious food, and a clean environment and education on health and well-being so
that children can stay healthy. Richer countries must help poorer countries achieve
this.