POSITION OF CHILD Tulasa

Neupane
 RIGHT TO PRIVACY
 No child shall be subjected to arbitrar y or unlawful inter ference with his or
her privacy, family, home or correspondence, nor to unlawful attacks on
his or her honour and reputation.
 The child has the right to the protection of the law against such
inter ference or attacks.
 The prohibition against unlawful inter ference with a child’s rights under
Comment no. 16 of HRC Repor t (2014) implies that for any inter ference to
be justifed it must not only be non-arbitrar y, it must also be lawful. (ar t.
11 , children’s act 2075)
 With regard to the right to online privacy of children, the provisions of
GDPR states that the processing of personal data of a child shall be legal
where the children are aged 16 . In case children are under 16, the
processing of data shall be lawful only af ter the consent given by the
parent or the authority.
 VIOLENCE
 Violence against children takes many forms. It can be physical,
emotional or sexual. It happens in all countries and any setting
 children living with disabilities, suffering extreme poverty, girls
and boys in institutional care, and children separated from their
families or on the move face the greatest risk
 Children typically experience violence at the hands of the people
they trust most.
 KEY FACTS
 Some 15 million adolescent girls aged 15–19 have experienced
forced sex in their lifetime.
 About 10% of the world's children are not legally protected from
corporal punishment.
 Over 1 in 3 students aged 13–15 experience bullying worldwide.
 Approximately 1 in 4 children under the age of 5 – some 176
million – live with a mother who is a victim of intimate partner
violence.
 Roughly 3 in 4 children between the ages of 2 and 4 – around
300 million – are regularly subjected to violent discipline by their
caregivers.
 VIOLENCE IN SCHOOLS
 Globally, half of students aged 13–15 – some 150 million – report
experiencing peer-to-peer violence in and around school.
 Slightly more than 1 in 3 students between the ages of 13 and 15
experience bullying, and about the same proportion are involved in
physical fights.
 Around 720 million school-aged children live in countries where they
are not fully protected by law from corporal punishment at school.
 Between 2005 and 2020, the United Nations verified more than
13,900 incidents of attacks, including direct attacks or attacks
where there has not been adequate distinction between civilian and
militar y objectives, on educational and medical facilities and
protected persons, including pupils and hospitalised children, and
health and school personnel.
 ONLINE VIOLENCE
 More than a third of young people in 30 countries repor t being
cyberbullied, with 1 in 5 skipping school because of it.
 Some 80% of children in 25 countries repor t feeling in danger of
sexual abuse or exploitation online.
 As children embrace more digital platforms, they too may self-
generate sexually explicit imagery.
 In the digital world, any person from any location can create and
store sexually exploitative content. Child sex offenders may even
livestream sexual abuse from the confines of their homes,
directing on-demand abuse of children far away.
 SEXUAL VIOLENCE
 At least 120 million girls under the age of 20 – about 1 in 10 –
have been forced to engage in sex or perform other sexual acts,
although the actual figure is likely much higher.
 Every year, millions of girls and boys around the world face
sexual abuse and exploitation. Sexual violence occurs everywhere
– in every country and across all segments of society.
 During armed conflict, natural disasters and other humanitarian
emergencies, women and children are especially vulnerable to
sexual violence – including conflict-related sexual violence,
intimate partner violence and trafficking for sexual exploitation –
as well as other forms of gender-based violence.
 PROTECTING CHILDREN FROM SEXUAL
EXPLOITATION AND ABUSE
 In areas af fected by conflict, natural disasters and other emergencies,
people trust aid workers to assist and protect them.
 some aid workers abuse their position of power through the sexual
exploitation and abuse of those who depend on them, including
children.
 Sexual exploitation refers to any actual or attempted abuse of a
position of vulnerability, dif ferential power, or trust, for sexual
purposes, perpetrated by aid workers against the children and families
they ser ve.
 Sexual abuse is the actual or threatened physical intrusion of a sexual
nature, whether by force or under unequal or coercive conditions,
perpetrated by aid workers against the children and families they
ser ve.
 PROTECTING CHILDREN IN
HUMANITARIAN ACTION
 In 2020 alone, explosive weapons and explosive remnants of war
were responsible for at least 47 per cent of all child casualties.
 Between 2005 and 2020, more than 104,100 children were
verified as killed or maimed in situations of armed conflict, with
more than two-thirds of these verified since 2014.
 Between 2005 and 2020, more than 93,000 children were
verified as recruited and used by parties to conflict, although the
actual number of cases is believed to be much higher.
 PROTECTING CHILDREN IN
HUMANITARIAN ACTION
 Between 2005 and 2020, at least 25,700 children were verified
as abducted by parties to conflict.
 The United Nations verified at least 14,900 incidents of denial of
humanitarian access for children between 2005 and 2020, with
eighty per cent of those verified cases taking place from 2016 to
2020.
 Between 2005 and 2020, parties to conflict raped, forcibly
married, sexually exploited, and committed other grave forms of
sexual violence against at least 14,200 children.
 Sexual violence disproportionately affects girls, who were victims
in 97 per cent of cases from 2016 to 2020.
 PROTECTING CHILDREN FROM
EXPLOSIVE WEAPONS
 Every year, more than 22,000 civilians are killed or injured by
explosive weapons and remnants of war, including improvised
explosive devices (IEDs), landmines and bombs.
 In 2020 alone, explosive weapons and explosive remnants of war
were responsible for at least 47 per cent of all child casualties.
 Between 2005 and 2020, more than 104,100 children were
verified as killed or maimed in situations of armed conflict, with
more than two-thirds of these verified since 2014.
 Children account for over half of those killed or injured by
landmines and other explosive remnants of war.
 MENTAL HEALTH AND PSYCHOSOCIAL
SUPPORT IN EMERGENCIES
 Millions of children around the world suffer unthinkable distress
due to armed conflict, natural disasters and other humanitarian
emergencies.
 Through it all, children often lack access to mental health and
psychosocial support, with potentially devastating long-term
effects
 Anxiety, depression and other stress-related problems threaten
their ability to grow up healthy and happy.
 Violence can take a lifelong toll on their emotional health,
physical health and social development.
 If exposed in early childhood, the experience can even hamper a
child's brain development
 GENDER-BASED VIOLENCE IN
EMERGENCIES
 Gender-based violence (GBV) is the most per vasive yet least visible human
rights violation in the world.
 Forms: Intimate par tner violence, sexual violence, child marriage, female
genital mutilation, traf f icking for sexual exploitation, female infanticide, and
‘honour’ crimes are common
 Globally, girls who marr y before 18 are considered child brides, yet close to
40% girls under the age of 18 are married in Nepal, making the countr y one
of the wor st examples in Asia.
 Approximately one in three women and girls worldwide will experience
physical or sexual violence in her lifetime.
 Between 2005 and 2020, par ties to conf lict raped, forcibly married, sexually
exploited, and committed other grave forms of sexual violence against at
least 14,200 children.
 This sexual violence dispropor tionately af fects girls, who were 97 per cent of
 GENDER-BASED VIOLENCE IN
EMERGENCIES
 All children have the right to grow up with their families.
 Some children are separated from their families during the chaos
of a humanitarian emergency
 Separated children suffer indescribable stress when split from
their loved ones. Separation undermines children’s mental
health, physical health and development. What’s more, it leaves
them vulnerable to violence, exploitation and abuse.
 GENDER-BASED VIOLENCE IN
EMERGENCIES
 All children have the right to grow up with their families.
 Some children are separated from their families during the chaos
of a humanitarian emergency
 Separated children suffer indescribable stress when split from
their loved ones. Separation undermines children’s mental
health, physical health and development. What’s more, it leaves
them vulnerable to violence, exploitation and abuse.
 CHILDREN RECRUITED BY ARMED
FORCES OR ARMED GROUPS
 Between 2005 and 2020, more than 93,000 children were
verified as recruited and used by parties to conflict, although the
actual number of cases is believed to be much higher.
 abducted, threatened, coerced or manipulated by armed actors.
 the recruitment and use of children by armed forces is a grave
violation of child rights and international humanitarian law.
 While living among armed actors, children experience
unconscionable forms of violence.
 They may be required to participate in harrowing training or
initiation ceremonies, to undergo hazardous labour or to engage
in combat – with great risk of death, chronic injury and disability.
 CHILD MARRIAGE
 While the prevalence of child marriage has decreased worldwide –
from one in four girls married a decade ago to approximately one in
five today
 Globally around 21% of young women were married before their
18th bir thday.
 650 million girls and women alive today were married as children.
12 million girls under 18 are married each year.
 Now, up to 10 million more girls will be at risk of becoming child
brides as a result of the pandemic.
 Child marriage is often the result of entrenched gender inequality,
making girls dispropor tionately affected by the practice. Globally,
the prevalence of child marriage among boys is just one sixth that
 FEMALE GENITAL MUTILATION
 Despite being internationally recognized as a human rights
violation, FGM has been performed on at least 200 million girls
and women in 31 countries across three continents, with more
than half of those subjected living in Egypt, Ethiopia and
Indonesia.
 Over 4 million girls are at risk of undergoing FGM annually.
 Some communities endorse it as a means of controlling girls’
sexuality or safeguarding their chastity. Others force girls to
undergo FGM as a prerequisite for marriage or inheritance
 CHILD PROTECTION SYSTEM
 Almost 73 million children are performing hazardous work that
puts their health, safety, moral development and, in extreme
cases, their lives at risk.
 Some 237 million children under 5 do not have a birth certificate.
 Globally, the births of about 166 million children under 5 have
never been recorded.
 Over 79 million people worldwide have been forced to flee their
homes. Among them are nearly 26 million refugees, around half
of whom are under the age of 18.
 At the end of 2019, an estimated 19 million children were
internally displaced by conflict and violence.
 BIRTH REGISTRATION
 Every child has the right to a legal identity, but a quarter of
children born today do not “officially” exist
 Some 237 million children under 5 do not have a birth certificate.
 One in four children under age 5 – about 166 million – do not
officially exist.
 Of the 166 million children without a legal identity, half live in
just five countries: the Democratic Republic of the Congo,
Ethiopia, India, Nigeria and Pakistan.
 Without a bir th cer tificate, children are invisible to their
governments. This means they may miss out on essential
programmes – like child protection, health care and education –
that help secure their most fundamental rights.
 CHILD LABOUR
 Nearly 1 in 10 children are subjected to child labour worldwide, with
some forced into hazardous work through trafficking.
 The number of children in child labour has risen to 160 million
worldwide – an increase of 8.4 million children in the last four years
– with 9 million additional children at risk due to the impact of
COVID-19.
 Progress to end child labour has stalled for the first time in 20 years,
reversing the previous downward trend that saw child labour fall by
94 million between 2000 and 2016.
 The incidence of hazardous work in countries af fected by armed
conflict is 50% higher than the global average.
 30 million children live outside their countr y of bir th, increasing their
risk of being traf ficked for sexual exploitation and other work.
 CHILDREN IN ALTERNATIVE CARE
 Worldwide, an estimated 2.7 million children live in residential
care – and the actual figure is likely much higher.
 Reasons- Armed conflict, natural disaster and migration tear
many families apart. Other children end up in residential care
because of discrimination.
 The vast majority of children without parental care have living
family members, including at least one parent or other relative.
 JUSTICE FOR CHILDREN
 Across the world, millions of children interact with justice
systems every year. They could be victims or witnesses to a
crime.
 Justice professionals – police, prosecutors, lawyers and judges –
often lack the specialized training to support child survivors,
victims, witnesses or alleged offenders
 UNICEF estimates that more than one million children worldwide
are deprived of their liber ty by law enforcement officials.
 In too many countries, children who are sexually exploited or
trafficked end up not only arrested, but also detained. Rather
than being recognized as victims, they are treated as offenders.