1.

National legal framework

Nepal introduced child welfare activities especially education and health since the beginning of planned
development initiatives in the year 2013. After the ratification of United Nations Convention on the
Rights of the Child (CRC), 1989 in 14th September, 1990 (Bhadra 29, 2047), noticeable positive changes
in policy, legal, institutional and programming measures were made in line with the thrusts of CRC. The
Constitution of Nepal promulgated by the Constitutional Assembly in 20 September, 2015 (Ashoj 3,
2072) has created a reassuring atmosphere for the rights of children.
2.Constitutional Provisions
Constitution of Nepal, 2072
Article 39 of this constitution has provisioned about the child rights where following rights are
guaranteed:
1. Every child shall have the right to name and birth registration along with his or her identity.
2. Every child shall have the right to education, health, maintenance, proper care, sports, entertainment
and overall personality development from the families and the State.
3. Every child shall have the right to elementary child development and child participation.
4. No child shall be employed to work in any factory, mine or engaged in similar other hazardous work.
5. No child shall be subjected to child marriage, transported illegally, abducted/kidnapped or taken in
hostage.
6. No child shall be recruited or used in army, police or any armed group, or be subjected, in the name of
cultural or religious traditions, to abuse, exclusion or physical, mental, sexual or other form of
exploitation or improper use by any means or in any manner.
7. No child shall be subjected to physical, mental or any other form of torture in home, school or other
place and situation whatsoever.
8. Every child shall have the right to juvenile friendly justice.
9. The child who is helpless, orphan, with disabilities, conflict victim, displaced or
10. vulnerable shall have the right to special protection and facilities from the State.
11. Any act contrary to in clauses (4), (5), (6) and (7) shall be punishable by law, and a child who is the
victim of such act shall have the right to obtain compensation from the perpetrator, in accordance with
law.
As per Article 46 there shall be a right to obtain constitutional remedies in the manner set forth in Article
133 or 144 for the enforcement of the rights conferred by this Part.
In addition to the special provisions for children under the Fundamental Rights and Duties of article 39,
other 11 articles are also related directly or indirectly to the child development and protection. Under the
title of 'to be the Citizen of Nepal' in part two of the constitution, article 11(4) has stated that "Every
minor who is found within Nepal and the whereabouts of whose father and mother are not known shall,
until the father or the mother of the child is traced, be a citizen of Nepal by descent".
(B) Article 18. Right to equality The following clauses under 'Right to equality' under article 18 are also
related to children:
1) All citizens shall be equal before law. No person shall be denied the equal protection of law.
2) No discrimination shall be made in the application of general laws on grounds of origin, religion, race,
caste, tribe, sex, physical condition, condition of health, marital status, pregnancy, economic condition,
language or region, ideology or on similar other grounds.
3) The State shall not discriminate citizens on grounds of origin, religion, race, caste, tribe, sex, economic
condition, language, region, ideology or on similar other grounds.
4) All offspring shall have the equal right to the ancestral property without discrimination on the ground
of gender.
The following clause related to 'Right against exploitation' under article 29 also encompasses the issues of
children:
1) Every person shall have the right against exploitation.
2) No person shall be exploited in any manner on the grounds of religion, custom, tradition, usage,
practice or on any other grounds.
3) No one shall be subjected to trafficking nor shall one be held in slavery or servitude.
4) No one shall be forced to work against his or her will.
Act contrary to clauses (3) and (4) shall be punishable by law and the victim shall have the right to obtain
compensation from the perpetrator in accordance with law. Under the 'Right to clean environment’ article
30(1), states “Every citizen shall have the right to live in a clean and healthy environment". This article
may also perceive to be related to children. The following clauses of 'Right to education' under article 31,
'Rights to health" under article 35, and 'Right to Social security' under article 43 are also related to
children.
(C) Article 31. Right Relating to Education
1) Every citizen shall have the right of access to basic education.
2) Every citizen shall have the right to get compulsory and free education up to the basic level and free
education up to the secondary level from the State.
3) The citizens with disabilities and the economically indigent citizens shall have the right to get free
higher education in accordance with law.
4) The visually impaired citizens shall have the right to get free education through brail script and the
citizens with hearing or speaking impairment, to get free education through sign language, in accordance
with law.
5) Every Nepalese community residing in Nepal shall have the right to get education in its mother tongue
and, for that purpose, to open and operate schools and educational institutes, in accordance with law.
(D) Article 35. Right to health
1) Every citizen shall have the right to free basic health services from the State, and no one shall be
deprived of emergency health services.
2) Every person shall have the right to get information about his or her medical treatment.
3) Every citizen shall have equal access to health services.
4) Every citizen shall have the right of access to clean drinking water and sanitation
(E) Article 43. Right to social security The indigent citizens, incapacitated and helpless citizens, helpless
single women, citizens with disabilities, children, citizens who cannot take care themselves and citizens
belonging to the tribes on the verge of extinction shall have the right to social security, in accordance with
law.
(F) Article 51, the following policies under this article are also related to children: Article 51(i) Policies
relating to labor and employment: (3) To abolish all forms of labor exploitation including child labor.
Article 51 (j) Policies relating to social justice and inclusion: (4) To evaluate economically the work and
contribution such as maintenance of children and care of families. (5) To take into consideration primarily
of the best interests of the child.
3.Statutory Provisions There are over various Laws and By-laws that are concerned with children. Some
of them are, Children's Act, 2075; Labor Act 2074, Children's Regulation, 2051; Child Labor (Prohibition
and Regulation) Act, 2056; Breast Milk Substitution Act, 2049; Juvenile Justice (Procedures) Regulation,
2063 ; Emergency Child Rescue Fund (Operation) Regulation, 2067 ; Inter-country Adoption
Management Development Committee (Formation Order), 2067 ; Civil Registration Act, 2033; Child
Friendly Local Governance: National Strategy and Implementation Guidelines, 2068, Standards for
Operation and Management of Residential Child Care Homes, 2069. There are many more Acts and
Guidelines that have provisions related to children. Likewise, Legal Aid Act, 2054; Imprison Act, 2019;
Printing Press and Publication Act, 2048; also have some provisions that address the issues related to
children. In addition, there are other acts and rules which have some concern about children namely,
Physical Construction (Nirman Byavasaaya) Act, 2055; Election Offense and Punishment Act 2047;
Human Organ Transplant Regulation and Restriction Act, 2055; Drugs Regulation Act, 2033; Disability
Protection and Welfare Act, 2039 and its rules; Education Act, 2028; Human Trafficking and
Transportation Control Act, 2063 and its rules 2064; also have provisions related to children
4. Act Relating to Children 2018 (2075) The new Children's Act in Nepal is very different. It substantially
differs from the earlier children's act of 1992, as it recognizes that children are entitled to these rights -
and the state has an obligation to uphold their rights. This obligation is three-fold - the need to respect the
rights, protect the rights and fulfill the rights of Nepal’s children. Another new significant addition to the
provision list includes that everything must be done to promote the best interest of the children. This act
has 10 chapter and 87 sections
Section 2(j) describes the term "children" means persons who have not completed the age of eighteen
years. Chapter 2 has provision on "Rights of the Child" where section section 4 has mention about Right
to name, nationality and identity. Section 6 states that Right to live and meet with the parents: (1) No
child shall be split or separated from his or her father or mother without his or her will. Section 11 states
that Right to privacy: (1) Every child shall have the right to privacy regarding the subject of his or her
body, residence, property, document, data, correspondence and character. Chapter 3 has provision
regarding Responsibility towards Children. Section 16 states that Priority to be given for the best interests
of children: (1) The officials of every organization and institution that carries out activities related to
children shall adopt necessary child friendly process by giving priority to the best interests of children,
while doing every activity. Chapter 4 has provision relating to Juvenile Justice. Section 20 states that
"Matters to be considered while dispensing the juvenile justice": A person, official and Juvenile Court
involved in dispensing juvenile justice shall take into account the following matters, in the course of
dispensing justice, in addition to the other matters as provided elsewhere in this Act:
To take opinion of a child before making a decision that affects him or her, 
To provide an opportunity to father, mother, other family member or guardian to put their opinion before
making decision on the subject matter associated with the interests and benefits of the child.
 To use parlance, speak and behave according to the child’s age, level of intellectual development,
conscience and cultural norms and values, 
To use language preferred by the child and to take assistance of an interpreter as required while talking to
him or her
Section 22 States that Provision relating to establishment of observation chamber: The Government of
Nepal may establish an observation chamber for the purpose of keeping a child taken under control on the
charge of an offence, throughout the period of investigation. Section 24 states that Provision relating to
trial: (1) No child shall be detained in the course of trial and no bail or guarantee shall be demanded from
him or her. Section 25 states that Rights of child victim: A child victim shall have the right to child
friendly justice in every stage of investigation, prosecution and judicial process. Section 30 states that
Formation of the Juvenile Court: (1) The Government of Nepal may, on recommendation of the Judicial
Council, form the required number of Juvenile Courts to originally proceed, try and settle the offence
committed by the children. The juvenile bench consists of following members: District Judge, Social
service provider and Child psychologist or child specialist. Section 34 states that Provision relating to
trial: (1) The Juvenile Court shall try the case in a child friendly environment by taking into consideration
the age and maturity of the child. Section 35 states that Provision of in camera bench: (1) The trial and
adjudication of the case against achild accused of an offence shall be carried out in camera bench except
as otherwise ordered by the Juvenile Court. Section 36 states that Provisions relating to punishment: (1)
If the child is less than ten years of age at the time of commission of the offence, no case and
punishment of any kind shall be instituted against and imposed on him or her. (2)If a child of ten years of
age or above but below fourteen years of age commits an offence that is punishable by a fine, the child
shall be released after counseling him or her and if such a child commits an offence that is punishable by
imprisonment, the child shall be punished with imprisonment for upto six months or be sent to the child
reform home for a period not exceeding one year without subjecting him or her to imprisonment. (3) If a
child of fourteen years of age or above but below sixteen years of age commits an offence, the child shall
be punished with half the punishment that is imposable on the person having attained majority pursuant to
the prevailing law. (4) If a child of sixteen years of age or above but below eighteen years of age commits
an offence, the child shall be punished with two-thirds of the punishment that is imposable on the person
of legal age pursuant to the prevailing law. (5) The Juvenile Court shall, having regard, inter alia, to the
age, sex, maturity of the child who is held to be subject to punishment pursuant to sub- section (2), (3) or
(4), nature of the offence and also the circumstances of the commission of the offence, postpone his or her
punishment or make any of following appropriate decisions as punishment, with or without specifying the
terms and conditions: (a) To counsel or advise the child about good human behaviours by any family
member or guardian, (b) To give orientation to the child through any institution or person that provides
the service, (c) To provide single, group or family psycho-social counselling service, (d) To keep the
child under the observation of any family member, guardian, school, person or institution that provides
service for a fixed period subject to the observance of the specified terms and conditions, (e) To send the
child for community service that is suitable to his or her age, by specifying the nature and period of
service, (f) To make the child stay in the child reform home for a period not exceeding that of the
punishment imposed on him or her. (6) If any person has caused a child to commit an offence, by
teaching, giving pressure, ordering, luring or in any other manner, that person who has taught so, given
pressure, ordered, lured or made to commit it shall be punished pursuant to law as if that person
committed the offence on his or her own. (7) Notwithstanding anything contained elsewhere in this
Section, while punishing a child who has not completed sixteen years of age, no punishment of
imprisonment shall be imposed on such a child except in cases where he or she has committed a heinous
offence, grave offence or repeated the offence. Section 37 states that Period for disposing of the case:
Notwithstanding anything contained in the prevailing laws, the Juvenile Court shall generally dispose of a
case within one hundred twenty days from the date of filing of the case and the proceeding and
adjudication of such a case shall be made on the basis of continuous hearing. Section 42 states that not to
be handcuffed, shackled or kept in solitary confinement. Section 43 states that Provision relating to child
reform home: (1) The Government of Nepal shall establish the child reform home as required for the
purpose of keeping the children in conflict with law until their reform and rehabilitation. Chapter-9 deals
with Punishment, Compensation and Case Trying Authority.
5. Criminal and Civil Codes:
New criminal and civil codes come into force from August 17, 2018. These codes are a replacement for
the existing Muluki Ain (National Code), 2020 BS. The Muluki Ain has put both criminal and civil codes
together, whereas the new version treats them separately. Based on the motto of ‘prompt justice and
justice for all’, the new legal codes will be implemented in a simplified manner. The new codes are
required to make improvements in the legal system of the country, which has been governed by the
Muluki Ain introduced over half a century ago. There is no gain saying that the legal system, like any
other system, needs to be modified keeping abreast with the changing times. Over the last fifty years, both
civil and criminal issues have changed a lot, prompting the need for adopting a new legal system. The
criminal code has provided for sentencing children on the basis of age.
As per the provision, no child aged up to ten will be sentenced for any offence. Children aged eleven to
fourteen will be sentenced up to six months for their offences. They may also be put in a reformatory for
one year. Similarly, children in the 14-16 age group will be handed down up to 50 per cent sentence for
their offences, whereas children in the 16-18 age group will get up to two thirds of the sentence. Section
173 of Criminal Code has provision regarding the child marriage. The minimum age of marriage under
Nepali law is 20 years of age to both girls and boys.
6. Juvenile Justice (Procedure) Rules, 2063
Juvenile Justice (Procedure) Rules, 2063 have been introduced as an important addition in the juvenile
justice system of Nepal. It has 27 rules. Some of the provisions regarding this Juvenile Justice
(Procedure) Rules, 2063 are as follows: Rule 3 provides for the establishment of a separate police unit in
every police office for the investigation of offence committed by children. Pursuant to the rule 5,
questioning must be made either by a psychologist or a person who is able converse comfortably with the
child. Rule 6 relates to the constitution of the juvenile bench in district courts. Rule 6 relates to the
constitution of a Juvenile Bench in District Courts. One copy of the chargesheet filed against the child
and other related documents should be given to the father, mother or guardian of the child by the Juvenile
Bench pursuant to Rule (7). If it is not possible to contact the guardian or in case the guardian refuses to
receive it, such notification can be made available to the lawyer of the child or the child may receive the
notice during the court appearance. Rule 8 prescribes the qualification of social workers, psychologists,
child specialists to be appointed as members of juvenile bench. Rule 9 mentions about the procedures to
be followed for the appointment of the members of Juvenile Bench and Rule 10 mentions about the bases
and circumstances under which members can be discharged from Juvenile Bench.25 Rule 11 relates to the
application of jurisdiction of the bench under which generally the judge and other members jointly
conduct the hearing but in absence of other members a judge can also hear the case alone. The judge can
give decision after receiving written opinion from the social worker, psychologist or child specialist
member of the Juvenile Bench. In course of hearing, appropriate and understandable language should be
used that corresponds to the age, physical and mental development of children. Notice about the nature of
offences, witnesses and evidence must be given to the child and childfriendly environment must be
created by arranging separate room for questioning. Rule 13 prescribes the procedures of testifying and
verifying evidences. If social study report of the child was not submitted with the charge-sheet, the court
may issue an order to the concerned service providing institution to submit it to the court. The court may
permit a child if he/she wants to produce witness on his/ her own behalf. Rule 15 provides grounds for the
settlement of the dispute relating to the age of the child. Rule 16 prescribes time limit of 120 days to
dispose cases relating to children. A copy of the decision should be made available free of cost to the
child. Investigating officer, Juvenile Bench or court may take help of local body, Police, administration,
social organization or INGOs, and it is the duty of those institutions to extend help to the Court pursuant
to Rule 20. Pursuant to Rule 21, District Child Welfare Board is responsible for keeping a separate roster
of service providing persons or institutions. Rule 22 constitutes a Juvenile Justice Coordination Board
under the Chairmanship of a sitting judge of the Supreme Court comprising 9 members from among child
experts and high-level officials.
6. Prison Act 1962 and Regulation 1963
Article 8 (1) of the Prison Act has provided that any woman prisoner giving birth to a baby while
imprisoned and wanting to care her child under the age of two can do so in the prison itself and after the
baby reaches two years of age, the child will have to be taken away by his or her custodian for further
care. Article 8 (2) has provided that the government has to take the responsibility for care of babies, their
education and upbringing if women prisoners have no one to take care of the babies outside the prison.
According to Prison Regulation 1963, tenth amendment, has increased the duration until which a child
can be kept in correction homes. Under the law of the land a child can be kept in the correction homes
until the age of 16 but if the correction homes recommend some more time in the homes so that his
character can be corrected, them the jailor and prolong the stay of such child in the correction home
7. Other Laws
The Ten Year National Plan of Action for Children, 2004\2005 – 2014\15; the Naional Policy Relating to
Children, 2069 (2012), the Second Five Year Strategic Plan of the Nepali Judiciary, 2009\10 -2013\14
and the Third Five year Strategic Plan of the Nepali judiciary, 2014\15- 2018\19 are seen significant for
the promotion of juvenile justice system in Nepal. Country Program Action Plan 2018-2022. (The
Government of Nepal and The United Nations Children's Fund (UNICEF).
International efforts
1948
The UN General Assembly passes the Universal Declaration of Human Rights which refers in Article 25
and 26 specific to the children. Article 25 on special care and assistance and social protection, and Article
26 on education
1989
In November 20, 1989, UN General Assembly adopted the Convention on the Rights of the Child with
unanimously approves from member States. The CRC is concerned with the four ‘P’s: the participation of
children in decisions affecting their own destiny; the protection of children against discrimination and all
form os neglect and exploitation; the prevention of harm to children and the provision of assistance for
their basic needs.
1990
The World Summit for Children is held in New York. It includes 71 Heads of State and Government. The
leaders sign the World Declaration of the Survival, Protection and Development of Children as well as a
Plan of Action for implementing the Declaration, setting goals to be achieved by the year 2000
2000
The UN General Assembly adopts two Optional Protocols to CRC: on the involvement of children in
armed conflict, and on the sale of children, child prostitution and child pornography.
The landmark departure in the right of the child is the Convention on the Rights of the Child adopted by
UN General Assembly, which unanimously approves the convention on 20 November 1989. As of June
2006, nearly all States are parties except Somalia and the United States have ratified the Convention.

Definition of a child Article 1 of the Convention defines the child as every human being below the age of
18 years unless, under the law applicable to the child, majority is attained earlier.
Right to nondiscrimination
Article 2 states that every member state should implement the rights of the child within her jurisdiction
without any form of discrimination; must not violate any right; and must take positive action to promote
them all.
Right to actions taken in their best interests
the principle of best interest of the child has been recognized in the Article 3. The Article emphasis on all
action concerning the child should take full account of the best interest of the child; and the role of family
and the state for protection and care of children for their wellbeing. Implementation of rights The
directive to the state to undertake all appropriate legislative, administrative and other measures for the
implementation of the rights recognized in the Convention has been articulated in Article 4. Such effort
should be in the optimal extent.
Right to parental guidance & responsibilities and family relations
Article 5 states the parental guidance and the child’s evolving capacities. The State has duty to respect the
rights and responsibilities of parents to provide guidance appropriate to the child’s evolving capacities.
Article 9 has recognized the inherent right of child to stay with her/his parents/family and State can not
separate the child from her/his parent(s) until and unless it is deemed incompatible with her/his best
interest. Under Article 10, the CRC recognizes the right of children and their parents to leave any country
and to enter their own in order to be reunited or to maintain the child-parent relationship. Furthermore, the
parental responsibilities have beenr ecognized under the Article 18. The parents have the primary
responsibility for the upbringing and development of the child and the best interests of the child will be
their prime concern and the State should support to parents to fulfill their parental responsibilities. Article
25 states that States parties recognize the right of a child who has been placed by the competent
authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a
periodic review of the treatment provided to the child and all other circumstances relevant to his or her
placement.
Right to survival and development
Article 6 recognizes the child’s right to survival and development. The State recognizes that every child
has the inherent right to life. It is the State’s responsibility that the State has done maximum effort in this
regard.
Right to name and nationality
Article 7 is about the child’s right to her/his name and nationality immediately after the birth. Under the
Article 8, the CRC recognizes the child right to preservation of identity of the child and the State is
obligated to protect and re-establish the basis aspect of the child’s identity like name, nationality and
family ties, if necessary.
Right to protection from illicit transfer and illegal adoption
Article 11 states that the State shall take measures to combat the illicit transfer and non-return of children
aboard and to end this the State shall promote the conclusion of bilateral or multilateral agreements or
accession to existing agreements. Aligning with Article11, the Article 21 emphases on legal and
systematic process of adoption considering the best interest of the child. In countries where adoption is
recognized and/or allowed, it shall only be carried out in the best interests of the child, with all necessary
safeguards for a given child and authorization by the competent authorities.
Right to freedom of expression, thought, conscience and religion
with all necessary safeguards for a given child and authorization by the competent authorities.
Article 12 is about the child’s right to express an opinion and to have that opinion taken into account. The
State shall give due weight in accordance with the age and maturity of child for her/his
view/opinion/expression. Article 13 recognizes the child’s right to freedom of expression. The child has
the right to freedom of expression; this right includes freedom to seek, receive and impart information and
ideas of all kinds. In other words, the child has the right to obtain and make known information and to
express her /his views until and unless it violates the rules or the others rights. Article 14 recognizes the
child’s right to freedom of though, conscience and religion. Every child has right to freedom of thought,
conscience and religion which is subject to appropriate parental guidance and national law. About the
children of minorities or indigenous populations, Article 30 makes some provisions about the children of
minorities or indigenous populations. The Article states the right of children of minority communities and
indigenous populations to enjoy their own culture and to practice their own religion and language.
Right to freedom of association and peaceful assembly
Article 15 has the provision of child’s right to freedom of association and freedom of peaceful assembly
and there is no restriction to be placed by the State until and unless it is against the law and violates the
others rights.
Right to State protection of privacy, home, family and correspondence
Article 16 clearly states that no child shall be subjected to arbitrary or unlawful interference with his or
her privacy, family, home or correspondence, no to unlawful attacks on this or her honour and reputation
and the child has the right to the protection of the law against such interference or attacks.
Right to access to appropriate information
Article 17 is about child’s right to the access of appropriate information. The role of the media in
disseminating information to children that is consistent with moral well-being and knowledge and
understanding among peoples, and respects the child’s cultural background. The State is to take measures
to encourage this and to protect children from harmful materials
Right to protection from abuse and neglect
Article 19 is about child’s right to protection from abuse and neglect. The Article states that the State
shall take all appropriate legislative, administrative, social and educational measures to protect the child
from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or
any other person who has the care of the child. And furthermore, the State has the obligation to prevent
such abuse and neglect and initiating the appropriate actions in this regard.
Right to special protection and assistance
Article 20 is about special protection of the child without families. The State has the obligation to provide
special protection for children deprived of their family environment and to ensure that appropriate
alternative family are or institutional placement is made available to them, taking into account the child’s
cultural background.
Right to refugee child to special protection and assistance
Article 22 deals with refugee children. The State shall have given special protection to the children who
are refugees or seeking refugee status. It is the State’s obligation to cooperate with competent
organizations providing such protection and assistance.
Right to special care if disabled
Article 23 is about special consideration to the handicapped children. It is recognized the right of
handicapped children to special care, education and training designed to help them to achieve greatest
possible self-reliance and to lead a full and active life in society.
Right to hearth and access to health-care services
Article 24 recognizes 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. The State has to strive to ensure
that no child is deprived of his or her right of access to such health care services. The State has the
obligation to work towards the abolition of harmful traditional practices. Emphasis is laid on the need for
international cooperation to ensure this right.
Right to benefit from social security
Article 26 has the provision of child’s right to social security. The Article indicates the State’s obligation
to provide social security to the children. Every child has the right to benefit from social security,
including social insurance and it’s State’s obligation to take necessary measures to provide such rights.
Right to a decent standard of living
Article 27 declares the right of every child to a standard of living for her/his physical, mental, spiritual,
moral and social development. And it is the duty of State to ensure that such responsibilities are first
fulfillable and then fulfilled, where necessary thorough the recovery of maintenance. Right to education
Article 28 recognizes child’s right to education. The main provision of this Article is the child’s right to
educationand the duty of State to ensure that primary education at least is made free and compulsory.
Administration of school discipline is to reflect the child’s human dignity. Emphasis is laid on the need
for international cooperation to ensure this right. And Article 29 is about aims of education to children.
The summary of the provisions in this Article is – the State’s recognition that education should be
directed at developing the child’s personality and talents, preparing the child for active life as an adult,
fostering respect for basic human rights and developing respect for the child’s own cultural and national
values and those others.
Right to rest and leisure, play and recreation, culture and the arts
Article 31 recognizes the right of the child to leisure, recreation and cultural activities. And it is State’s
responsibility to respect and promote the right of the child to fully participate in cultural and artistic life
and shall encourage the provision of appropriate and equal opportunity for cultural, artistic, recreational
and leisure activity. Child labor right Article 32 holds the major provision of child labor. The Article
entitles the right of the child to be protected from economic exploitation and from performing any work
that is likely to be hazardous or to interfere with the child’s education or to be harmful to the child’s
health or physical, mental, spiritual, moral or social development. It is the obligation to the State to
protect children from engaging in work that constitute a threat to their health, education or development,
to set minimum ages for employment and to regulate conditions of employment.
Right to protection from any form of exploitation and abuse
Article 33 is about drug abuse. The child has right to protection from the use of narcotic and psychotropic
drugs and from being involved in their production or distribution. Article 34 has the provision about
sexual exploitation. The State must undertake to protect the child from all forms of sexual exploitation
and sexual abuse. For these purposes the State shall in particular take all appropriate national, bilateral
and multilateral measures to prevent: the inducement or coercion of a child to engage in any unlawful
sexual activity; the exploitative use of children in prostitution or other unlawful sexual practices, and;
exploitative use of children in pornographic performances and materials. Article 35 has the provision of
sale, trafficking and abduction of child. It is the obligation of the State that it must make every effort to
prevent the sale trafficking and abduction of children. Article 36 has the provision of other forms of
exploitation. The Article states that States Parties shall protect the child against all other forms of
exploitation prejudicial to any aspect of the child’s welfare. Furthermore, Article 39 has the provision of
rehabilitative care. It states that State parties shall take all appropriate measures to promote physical and
psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or
abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed
conflicts. Such recovery and re-integration shall take place in an environment which fosters the health,
self-respect and dignity of the child.
Right to protect from torture and deprivation of liberty
Article 37 provides the right to child to protection from torture and deprivation of liberty. The Article
clearly express the prohibition of torture, cruel treatment or punishment, capital punishment, life
imprisonment, and unlawful arrest or deprivation of liberty; the principles of appropriate treatment,
separation from detained adults, contact with family and access to legal and other assistance.
Right to protection from armed conflict
Article 38 has the provision abut children in armed conflicts. It further restricts the government to respect
the rules of international humanitarian law applicable to children in armed conflict. This Article states the
obligation of State to respect and ensure respect for humanitarian law as it applies to children. The
principle that no child under 15 take a direct part in hostilities or be recruited into the armed forces and
that all children affected by armed conflict benefit from protection and care. Right to juvenile justice
Article 40 has the provision of administration of juvenile justice. The Article states that State Parties
recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law
to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which
reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes
into account the child’s age and the desirability of promoting the child’s re-integration and the child’s
assuming a constructive role in society. The right of children alleged or recognized as having committed
an offence to respect for their human rights and in particular, to benefit from all aspects of the due process
of law, including legal or other assistance in preparing and presenting their defense. The principle that
recourses to judicial proceedings and institutional placements should be avoided wherever possible and
appropriate