UNIVERSAL DECLARATION OF HUMAN RIGHTS

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the
Universal Declaration of Human Rights.

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the
highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the rule of
law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal rights
of men and women and have determined to promote social progress and better standards of life
in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United
Nations, the promotion of universal respect for and observance of human rights and fundamental
freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for
the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL

DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples
and all nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to promote respect for
these rights and freedoms and by progressive measures, national and international, to secure their
universal and effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.

Article 1.

 All human beings are born free and equal in dignity and [Link] are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
 Article 2.

 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status. Furthermore, no distinction
shall be made on the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.

Article 3.

 Everyone has the right to life, liberty and security of person.

Article 4.

 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in
all their forms.

Article 5.

 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article 6.

 Everyone has the right to recognition everywhere as a person before the law.

Article 7.

 All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.

Article 8.

 Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.

Article 9.

 No one shall be subjected to arbitrary arrest, detention or exile.

 Article 10.

 Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.

Article 11.

 (1) Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for
his defence.
 (2) No one shall be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the
time the penal offence was committed.

Article 12.

 No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13.

 (1) Everyone has the right to freedom of movement and residence within the borders of each
state.
 (2) Everyone has the right to leave any country, including his own, and to return to his
country.

Article 14.

 (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
 (2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

 (1) Everyone has the right to a nationality.

 (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.

Article 16.
 (1) Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution.
 (2) Marriage shall be entered into only with the free and full consent of the intending
spouses.
 (3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.

Article 17.

 (1) Everyone has the right to own property alone as well as in association with others.
 (2) No one shall be arbitrarily deprived of his property.

Article 18.

 Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief in teaching, practice, worship
and observance.

Article 19.

 Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

Article 20.

 (1) Everyone has the right to freedom of peaceful assembly and association.
 (2) No one may be compelled to belong to an association.

Article 21.

 (1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
 (2) Everyone has the right of equal access to public service in his country.
 (3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

 Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with the
organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
 Article 23.

 (1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
 (2) Everyone, without any discrimination, has the right to equal pay for equal work.
 (3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
 (4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

 Everyone has the right to rest and leisure, including reasonable limitation of working hours
and periodic holidays with pay.

Article 25.

 (1) Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.
 (2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

 (1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible
to all on the basis of merit.
 (2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the maintenance of peace.
 (3) Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27.

 (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy
the arts and to share in scientific advancement and its benefits.
 (2) Everyone has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.
 Article 28.

 Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this Declaration can be fully realized.

Article 29.

 (1) Everyone has duties to the community in which alone the free and full development of his
personality is possible.
 (2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.
 (3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30.

 Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the
rights and freedoms set forth herein.

GENEVA CONVENTION

The Geneva Conventions are international treaties binding on all States which have accepted
them.

HISTORICAL BACKGROUND

In 1859 Henry Dunant, a Swiss citizen, witnessed the aftermath of the Battle of Solferino and
was horrified by the sight of thousands of wounded soldiers lying helpless and abandoned with
no one to care for [Link] experience led him to suggest the setting up of voluntary relief
societies who could be trained, during peacetime, to care for the wounded in time of war.
He also called for an international agreement to be drawn up to protect the wounded, and those
who looked after them, from further [Link] 1863 Henri Dunant arranged an unofficial
international conference at which it was agreed that each country should form a relief
organisation capable of assisting the Army Medical Services in wartime.
This was how the Red Cross began.

In 1864 governments were invited to send representatives to a diplomatic conference. As a result

12 European nations signed a treaty stating that in future wars they would care for all sick and
wounded military personnel, regardless of nationality. They would also recognise the neutrality
of medical personnel, hospitals and ambulances identified by the emblem of a red cross on a
white background. The treaty was called the Geneva Convention. This Convention was
concerned only with soldiers wounded on the battlefield. Over the years, however, it has been
expanded to cover everyone caught up in conflicts but not actually taking an active part in the
fighting.

There are now four Geneva Conventions, which were drawn up in 1949. They cover armed
forces on land and at sea, prisoners of war, and civilians. And all of them have now been
accepted by virtually every State in the world. Britain ratified the four Conventions in 1957.
In addition, two new Protocols (a Protocol is an addition or amendment to a Convention) were
drawn up in 1977 at a diplomatic conference (attended by Britain).

CONTENT

The Conventions are long and complicated, but they are essentially a series of 'do's' and 'don'ts'
to apply during conflict to protect vulnerable and defenceless individuals. Their underlying
principles can be simply [Link] human dignity of all individuals must be respected at all
times. Everything possible must be done, without any kind of discrimination, to reduce the
suffering of people who have been put out of action by sickness, wounds or captivity whether or
not they have taken direct part in the conflict.

The First Protocol extends the Conventions, taking into consideration modern means of warfare
and transport and aiming to give further protection to civilians. The Second Protocol provides a
code of minimum protection for the combatants and the civilian population during civil wars.

Summary of main points

The distinctive emblems defined in the Geneva Conventions are the red cross or the red crescent
on a white background. In order to retain their protective status in wartime, these emblems may
not be used either in peace or war except to indicate or to protect the medical personnel,
establishments and material protected by the Conventions. (National Societies may, in
accordance with their national legislation, make use of the emblem for their other peacetime
activities.) In wartime they must not use the emblem to signify that 'protection' is conferred by it,
unless specifically authorised to do by their governments: in this way the sign of the red cross or
red crescent is itself protected from abuse.

The first Geneva Convention ("for the Amelioration of the Wounded and Sick in Armed Forces
and Field") and the second Geneva Convention ("for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea") are similar, covering land
and sea respectively. They embody the main idea which led to the founding of the Red Cross: if
a member of the armed forces is wounded or sick, and therefore in no condition to take an active
part in the hostilities, he is no longer part of the fighting force and becomes a vulnerable person
in need of protection and care.

The main points of these two Conventions are: The sick, wounded and shipwrecked must be
cared for adequately. Belligerents must treat members of the enemy force who are wounded, sick
or shipwrecked as carefully they would their own. All efforts should be made to collect the dead
quickly; to confirm death by medical examination; to identify bodies and protect them from
robbery. Medical equipment must not be intentionally destroyed and medical establishments and
vehicles must not be attacked, damaged or prevented from operating even if, for the moment,
they do not contain patients.

The third Geneva Convention ("Relative to the Treatment of Prisoners of War") covers members
of the armed forces who fall into enemy hands. They are in the power of the enemy State, not of
the individuals or troops who have captured them

Prisoners of war MUST be:

- Treated humanely with respect for their persons and their honour.

- Enabled to inform their next of kin and the Central Prisoners of War Agency (ICRC, the
International Red Cross) of their capture.

- Allowed to correspond regularly with relatives and to receive relief parcels.

- Allowed to keep their clothes, feeding utensils and personal effects.

-Supplied with adequate food and clothing.

- Provided with quarters not inferior to those of their captor's troops.

- Given the medical care their state of health demands.

-Paid for any work they do.

- Repatriated if certified seriously ill or wounded, (but they must not resume active military
duties afterwards)

- Quickly released and repatriated when hostilities cease.

Prisoners of war must NOT be:

-Compelled to give any information other than their name, age, rank and service number.
- Deprived of money or valuables without a receipt (and these must be returned at the time of
release).
- Given individual privileges other than for reasons of health, sex, age, military rank or
professional qualifications.

- Held in close confinement except for breaches of the law, although their liberty can be
restricted for security reasons.

- Compelled to do military work, nor work which is dangerous, unhealthy or degrading.

The fourth Geneva Convention ("Relative to the Protection of Civilian Persons in Time of War")
covers all individuals "who do not belong to the armed forces, take no part in the hostilities and
find themselves in the hands of the Enemy or an Occupying Power".

Protected civilians MUST be:

- Treated humanely at all times and protected against acts or threats of violence, insults and
public curiosity.

- Entitled to respect for their honour, family rights, religious convictions and practices, and their
manners and customs.

- Specially protected, for example in safety zones, if wounded, sick, old, children under 15,
expectant mothers or mothers of children under 7.

- Enabled to exchange family news of a personal kind. - Helped to secure news of family
members dispersed by the conflict

- Allowed to practise their religion with ministers of their own faith. Civilians who are interned
have the same rights as prisoners of war. They may also ask to have their children interned with
them, and wherever possible families should be housed together and provided with the facilities
to continue normal family life. Wounded or sick civilians, civilian hospitals and staff, and
hospital transport by land, sea or air must be specially respected and may be placed under
protection of the red cross/crescent emblem.

Protected civilians must NOT be:

- Discriminated against because of race, religion or political opinion. - Forced to give

information.
- Used to shield military operations or make an area immune from military operations.
- Punished for an offence he or she has not personally committed. - Women must not be
indecently assaulted, raped, or forced into prostitution.

Convention on the Elimination of All Forms of Discrimination

against Women

The convention elaborates and puts into the form of a multilateral treaty the substantive
provisions of the DECLARATION ON THE ELIMINATION OF DISCRIMINATION
AGAINST WOMEN. It establishes international machinery for the implementation of its
provisions along the lines of those established for implementation of the INTERNATIONAL
COVENANT ON CIVIL AND POLITICAL RIGHTS, i.e., an l8-member COMMITTEE ON
THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN empowered to settle
disputes between States parties concerning observance of the convention and to receive and
examine information from them on measures taken to achieve its goals. The convention's
underlying philosophy is that discrimination against women is incompatible with human dignity
and constitutes an obstacle to the full realization of the potentialities of women; therefore, the
right of women to share equally in improved conditions of life must be promoted and protected.

The convention was adopted by the UN General Assembly on 18 December 1979 (resolution
34/180) and entered into force on 3 September 1981; the text, annexed to the resolution, is as
follows:

The States Parties to the present Convention,

Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the
dignity and worth of the human person and in the equal rights of men and women,

Noting that the Universal Declaration of Human Rights affirms the principle of the
inadmissibility of discrimination and proclaims that all human beings are born free and equal in
dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein,
without distinction of any kind, including distinction based on sex,

Noting that the States parties to the International Covenants on Human Rights have the
obligation to ensure the equal right of men and women to enjoy all economic, social, cultural,
civil and political rights,

Considering the international conventions concluded under the auspices of the United Nations
and the specialized agencies promoting equality of rights of men and women,

Noting also the resolutions, declarations and recommendations adopted by the United Nations
and the specialized agencies promoting equality of rights of men and women,

Concerned, however, that despite these various instruments extensive discrimination against
women continues to exist,

Recalling that discrimination against women violates the principles of equality of rights and
respect for human dignity, is an obstacle to the participation of women, on equal terms with men,
in the political, social, economic and cultural life of their countries, hampers the growth of the
prosperity of society and the family and makes more difficult the full development of the
potentialities of women in the service of their countries and of humanity,

Concerned that in situations of poverty women have the least access to food, health, education,
training and opportunities for employment and other needs,

Convinced that the establishment of the new international economic order based on equity and
justice will contribute significantly towards the promotion of equality between men and women,

Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination,
colonialism, neocolonialism, aggression, foreign occupation and domination and interference in
the internal affairs of States is essential to the full enjoyment of the rights of men and women
that the strengthening of international peace and security, the relaxation of international tension,
mutual cooperation among all States irrespective of their social and economic systems, general
and complete disarmament, in particular nuclear disarmament under strict and effective
international control, the affirmation of the principles of justice, equality and mutual benefit in
relations among countries and the realization of the right of peoples under alien and colonial
domination and foreign occupation to self- determination and independence, as well as respect
for national sovereignty and territorial integrity, will promote social progress and development
and as a consequence will contribute to the attainment of full equality between men and women,

Convinced that the full and complete development of a country, the welfare of the world and the
cause of peace require the maximum participation of women on equal terms with men in all
fields,

Bearing in mind the great contribution of women to the welfare of the family and to the
development of society, so far not fully recognized, the social significance of maternity and the
role of both parents in the family and in the upbringing of children, and aware that the role of
women in procreation should not be a basis for discrimination but that the upbringing of children
requires a sharing of responsibility between men and women and society as a whole,

Aware that a change in the traditional role of men as well as the role of women in society and in
the family is needed to achieve full equality between men and women,

Determined to implement the principles set forth in the Declaration on the Elimination of
Discrimination against Women and, for that purpose, to adopt the measures required for the
elimination of such discrimination in all its forms and manifestations,

Have agreed on the following:

Part I

Article 1
For the purposes of the present Convention, the term "discrimination against women" shall mean
any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose
of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their
marital status, on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field.

Article 2
States Parties condemn discrimination against women in all its forms, agree to pursue by all
appropriate means and without delay a policy of eliminating discrimination against women and,
to this end, undertake:

(a) To embody the principle of the equality of men and women in their national constitutions or
other appropriate legislation if not yet incorporated therein and to ensure, through law and other
appropriate means, the practical realization of this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where appropriate,
prohibiting all discrimination against women;

(c) To establish legal protection of the rights of women on an equal basis with men and to ensure
through competent national tribunals and other public institutions the effective protection of
women against any act of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women and to
ensure that public authorities and institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person,
organization or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws,
regulations, customs and practices which constitute discrimination against women;

(g) To repeal all national penal provisions which constitute discrimination against women.

Article 3
States Parties shall take in all fields, in particular in the political, social, economic and cultural
fields, all appropriate measures, including legislation, to ensure the full development and
advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of
human rights and fundamental freedoms on a basis of equality with men.

Article 4
1. Adoption by States Parties of temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discrimination as defined in the
present Convention, but shall in no way entail as a consequence the maintenance of unequal or
separate standards, these measures shall be discontinued when the objectives of equality of
opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures, including those measures contained in the
present Convention, aimed at protecting maternity shall not be considered discriminatory.

Article 5 States Parties shall take all appropriate measures:

(a) To modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other practices which are based on
the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men
and women;

(b) To ensure that family education includes a proper understanding of maternity as a social
function and the recognition of the common responsibility of men and women in the upbringing
and development of their children, it being understood that the interest of the children is the
primordial consideration in all cases.
Article 6 States Parties shall take all appropriate measures, including legislation, to suppress all
forms of traffic in women and exploitation of prostitution of women.

Part II

Article 7
States Parties shall take all appropriate measures to eliminate discrimination against women in
the political and public life of the country and, in particular, shall ensure to women, on equal
terms with men, the right:

(a) To vote in all elections and public referenda and to be eligible for election to all publicly
elected bodies;

(b) To participate in the formulation of government policy and the implementation thereof and to
hold public office and perform all public functions at all levels of government;

(c) To participate in non-governmental organizations and associations concerned with the public
and political life of the country.

Article 8
States Parties shall take all appropriate measures to ensure to women, on equal terms with men
and without any discrimination, the opportunity to represent their Governments at the
international level and to participate in the work of international organizations.

Article 9
1. States Parties shall grant women equal rights with men to acquire, change or retain their
nationality. They shall ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically change the nationality of the wife,
render her stateless or force upon her the nationality of the husband.

2. States Parties shall grant women equal rights with men with respect to the nationality of their
children.

Part III

Article 10
States Parties shall take all appropriate measures to eliminate discrimination against women in
order to ensure to them equal rights with men in the field of education and in particular to ensure,
on a basis of equality of men and women:

(a) The same conditions for career and vocational guidance, for access to studies and for the
achievement of diplomas in educational establishments of all categories in rural as well as in
urban areas; this equality shall be ensured in pre-school, general, technical, professional and
higher technical education, as well as in all types of vocational training;
(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the
same standard and school premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in
all forms of education by encouraging coeducation and other types of education which will help
to achieve this aim and, in particular, by the revision of textbooks and school programs and the
adaptation of teaching methods;

(d) The same opportunities to benefit from scholarships and other study grants;

(e) The same opportunities for access to programs of continuing education, including adult and
functional literacy programs, particularly those aimed at reducing, at the earliest possible time,
any gap in education existing between men and women;

(f) The reduction of female student drop-out rates and the organization of programs for girls and
women who have left school prematurely;

(g) The same opportunities to participate actively in sports and physical education;

(h) Access to specific educational information to help to ensure the health and well-being of
families, including information and advice on family planning.

Article 11
1. States Parties shall take all appropriate measures to eliminate discrimination against women in
the field of employment in order to ensure, on a basis of equality of men and women, the same
rights, in particular:

(a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same
criteria for selection in matters of employment;

(c) The right to free choice of profession and employment, the right to promotion, job security
and all benefits and conditions of service and the right to receive vocational training and
retraining, including apprenticeships, advanced vocational training and recurrent training;

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work
of equal value, as well as equality of treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement, unemployment, sickness,
invalidity and old age and other incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction.
2. In order to prevent discrimination against women on the grounds of marriage or maternity and
to ensure their effective right to work, States Parties shall take appropriate measures;

(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or
of maternity leave and discrimination in dismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable social benefits without loss of
former employment, seniority or social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents to
combine family obligations with work responsibilities and participation in public life, in
particular through promoting the establishment and development of a network of child care
facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be
harmful to them.

3. Protective legislation relating to matters covered in this article shall be reviewed periodically
in the light of scientific and technological knowledge and shall be revised, repealed or extended
as necessary.

Article 12
1. States Parties shall take all appropriate measures to eliminate discrimination against women in
the field of health care in order to ensure, on a basis of equality of men and women, access to
health care services, including those related to family planning.

2. Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure to
women appropriate services in connection with pregnancy, confinement and the post-natal
period, granting free services where necessary, as well as adequate nutrition during pregnancy
and lactation.

Article 13
States Parties shall take all appropriate measures to eliminate discrimination against women in
other areas of economic and social life in order to ensure, on a basis of equality of men and
women, the same rights, in particular:

(a) The right to family benefits;

(b) The right to bank loans, mortgages and other forms of financial credit

(c) The right to participate in recreational activities, sports and all aspects of cultural life.

Article 14
1. States Parties shall take into account the particular problems faced by rural women and the
significant roles which rural women play in the economic survival of their families, including
their work in the non-monetized sectors of the economy, and shall take all appropriate measures
to ensure the application of the provisions of the present Convention to women in rural areas.

2. States Parties shall take all appropriate measures to eliminate discrimination against women in
rural areas in order to ensure, on a basis of equality of men and women, that they participate in
and benefit from rural development and, in particular, shall ensure to such women the right:

(a) To participate in the elaboration and implementation of development planning at all levels;

(b) To have access to adequate health care facilities, including information, counseling and
services in family planning;

(c) To benefit directly from social security programs;

(d) To obtain all types of training and education, formal and non-formal, including that relating
to functional literacy, as well as, inter alia, the benefit of all community and extension services,
in order to increase their technical proficiency;

(e) To organize self-help groups and co-operatives in order to obtain equal access to economic
opportunities through employment or self- employment;

(f) To participate in all community activities;

(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology
and equal treatment in land and agrarian reform as well as in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity
and water supply, transport and communications.

Part IV

Article 15
1. States Parties shall accord to women equality with men before the law.

2. State Parties shall accord to women, in civil matters, a legal capacity identical to that of men
and the same opportunities to exercise that capacity. In particular, they shall give women equal
rights to conclude contracts and to administer property and shall treat them equally in all stages
of procedure in courts and tribunals.

3. States Parties agree that all contracts and all other private instruments of any kind with a legal
effect which is directed at restricting the legal capacity of women shall be deemed null and void.

4. States Parties shall accord to men and women the same rights with regard to the law relating to
the movement of persons and the freedom to choose their residence and domicile.
Article 16
1. States Parties shall take all appropriate measures to eliminate discrimination against women in
all matters relating to marriage and family relations and in particular shall ensure, on a basis of
equality of men and women:

(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with their free and
full consent;

(c) The same rights and responsibilities during marriage and at its dissolution;

(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters
relating to their children; in all cases the interests of the children shall be paramount;

(e) The same rights to decide freely and responsibly on the number and spacing of their children
and to have access to the information, education and means to enable them to exercise these
rights;

(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and
adoption of children, or similar institutions where these concepts exist in national legislation; in
all cases the interests of the children shall be paramount;

(g) The same personal rights as husband and wife, including the right to choose a family name, a
profession and an occupation;

(h) The same rights for both spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free of charge or for a valuable
consideration.

2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action,
including legislation, shall be taken to specify a minimum age for marriage and to make the
registration of marriages in an official registry compulsory.

Convention on the Rights of the Child

U.N. General Assembly

Document A/RES/44/25 (12 December 1989)

with Annex

The General Assembly,

Recalling its previous resolutions, especially resolutions 33/166 of 20 December 1978 and
43/112 of 8 December 1988, and those of the Commission on Human Rights and the Economic
and Social Council related to the question of a convention on the rights of the child,

Taking note, in particular, of Commission on Human Rights resolution 1989/57 of 8 March

1989, by which the Commission decided to transmit the draft convention on the rights of the
child, through the Economic and Social Council, to the General Assembly, and Economic and
Social Council resolution 1989/79 of 24 May 1989,

Reaffirming that children's rights require special protection and call for continuous improvement
of the situation of children all over the world, as well as for their development and education in
conditions of peace and security,

Profoundly concerned that the situation of children in many parts of the world remains critical as
a result of inadequate social conditions, natural disasters, armed conflicts, exploitation, illiteracy,
hunger and disability, and convinced that urgent and effective national and international action is
called for,

Mindful of the important role of the United Nations Children's Fund and of that of the United
Nations in promoting the well-being of children and their development,

Convinced that an international convention on the rights of the child, as a standard-setting

accomplishment of the United Nations in the field of human rights, would make a positive
contribution to protecting children's rights and ensuring their well-being,

Bearing in mind that 1989 marks the thirtieth anniversary of the Declaration of the Rights of the
Child and the tenth anniversary of the International Year of the Child,

1. Expresses its appreciation to the Commission on Human Rights for having concluded
the elaboration of the draft convention on the rights of the child;

2. Adopts and opens for signature, ratification and accession the Convention on the
Rights of the Child contained in the annex to the present resolution;

3. Calls upon all Member States to consider signing and ratifying or acceding to the
Convention as a matter of priority and expresses the hope that it will come into force at
an early date;

4. Requests the Secretary-General to provide all the facilities and assistance necessary for
dissemination of information on the Convention;

5. Invites United Nations agencies and organizations, as well as intergoverrunental and

non-governmental organizations, to intensify their efforts with a view to disseminating
information on the Convention and to promoting its understanding;
 6. Requests the Secretary-General to submit to the General Assembly at its forty-fifth
session a report on the status of the Convention on the Rights of the Child;

7. Decides to consider the report of the Secretary-General at its forty-fifth session under
an item entitled "Implementation of the Convention on the Rights of the Child".

Convention on the Rights of the Child

PREAMBLE

The States Parties to the present Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United
Nations, recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith
in fundamental human rights and in the dignity and worth of the human person, and have
determined to promote social progress and better standards of life in larger freedom,

Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in
the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to
all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth or
other status,

Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed
that childhood is entitled to special care and assistance,

Convinced that the family, as the fundamental group of society and the natural environment for
the growth and well-being of all its members and particularly children, should be afforded the
necessary protection and assistance so that it can fully assume its responsibilities within the
community,

Recognizing that the child, for the full and harmonious development of his or her personality,
should grow up in a family environment, in an atmosphere of happiness, love and understanding,

Considering that the child should be fully prepared to live an individual life in society, and
brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in
particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to extend particular care to the child has been stated in the Geneva
Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child
adopted by the General Assembly on 20 November 1959 and recognized in the Universal
Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in
particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural
Rights (in particular in article 10) and in the statutes and relevant instruments of specialized
agencies and international organizations concerned with the welfare of children,

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by
reason of his physical and mental immaturity, needs special safeguards and care, including
appropriate legal protection, before as well as after birth",

Recalling the provisions of the Declaration on Social and Legal Principles relating to the
Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption
Nationally and Internationally; the United Nations Standard Minimum Rules for the
Administration of Juvenile justice (The Beijing Rules); and the Declaration on the Protection of
Women and Children in Emergency and Armed Conflict,

Recognizing that, in all countries in the world, there are children living in exceptionally difficult
conditions, and that such children need special consideration,

Taking due account of the importance of the traditions and cultural values of each people for the
protection and harmonious development of the child,

Recognizing the importance of international co-operation for improving the living conditions of
children in every country, in particular in the developing countries,

Have agreed as follows:

PART I

Article 1
For the purposes of the present Convention, a child means every human being below the age of
eighteen years unless, under the law applicable to the child, majority is attained earlier.

Article 2
1. States Parties shall respect and ensure the rights set forth in the present Convention to each
child within their jurisdiction without discrimination of any kind, irrespective of the child's or his
or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the child is protected against
all forms of discrimination or punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or family members.
Article 3
1. In all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests of the
child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is necessary for his or
her well-being, taking into account the rights and duties of his or her parents, legal guardians, or
other individuals legally responsible for him or her, and, to this end, shall take all appropriate
legislative and administrative measures.

3. States Parties shall ensure that the institutions, services and facilities responsible for the care
or protection of children shall conform with the standards established by competent authorities,
particularly in the areas of safety, health, in the number and suitability of their staff, as well as
competent supervision.

Article 4
States Parties shall undertake all appropriate legislative, administrative, and other measures for
the implementation of the rights recognized in the present Convention. With regard to economic,
social and cultural rights, States Parties shall undertake such measures to the maximum extent of
their available resources and, where needed, within the framework of international co-operation.

Article 5
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable,
the members of the extended family or community as provided for by local custom, legal
guardians or other persons legally responsible for the child, to provide, in a manner consistent
with the evolving capacities of the child, appropriate direction and guidance in the exercise by
the child of the rights recognized in the present Convention.

Article 6
1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of the
child.

Article 7
1. The child shall be registered immediately after birth and shall have the right from birth to a
name, the right to acquire a nationality and, as far as possible, the right to know and be cared for
by his or her parents.

2. States Parties shall ensure the implementation of these rights in accordance with their national
law and their obligations under the relevant international instruments in this field, in particular
where the child would otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child to preserve his or her identity,
including nationality, name and family relations as recognized by law without unlawful
interference.

2. Where a child is illegally deprived of some or all of the elements of his or her identity, States
Parties shall provide appropriate assistance and protection, with a view to speedily re-
establishing his or her identity.

Article 9
1. States Parties shall ensure that a child shall not be separated from his or her parents against
their will, except when competent authorities subject to judicial review determine, in accordance
with applicable law and procedures, that such separation is necessary for the best interests of the
child. Such determination may be necessary in a particular case such as one involving abuse or
neglect of the child by the parents, or one where the parents are living separately and a decision
must be made as to the child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be
given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to
maintain personal relations and direct contact with both parents on a regular basis, except if it is
contrary to the child's best interests.

4. Where such separation results from any action initiated by a State Party, such as the detention,
imprisonment, exile, deportation or death (including death arising from any cause while the
person is in the custody of the State) of one or both parents or of the child, that State Party shall,
upon request, provide the parents, the child or, if appropriate, another member of the family with
the essential information concerning the whereabouts of the absent member(s) of the family
unless the provision of the information would be detrimental to the well-being of the child. States
Parties shall further ensure that the submission of such a request shall of itself entail no adverse
consequences for the person(s) concerned.

Article 10
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by
a child or his or her parents to enter or leave a State Party for the purpose of family reunification
shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties
shall further ensure that the submission of such a request shall entail no adverse consequences
for the applicants and for the members of their family.

2. A child whose parents reside in different States shall have the right to maintain on a regular
basis, save in exceptional circumstances personal relations and direct contacts with both parents.
Towards that end and in accordance with the obligation of States Parties under article 9,
paragraph 2, States Parties shall respect the right of the child and his or her parents to leave any
country, including their own, and to enter their own country. The right to leave any country shall
be subject only to such restrictions as are prescribed by law and which are necessary to protect
the national security, public order (ordre public), public health or morals or the rights and
freedoms of others and are consistent with the other rights recognized in the present Convention.

Article 11
1. States Parties shall take measures to combat the illicit transfer and non-return of children
abroad.

2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements
or accession to existing agreements.

Article 12
1. States Parties shall assure to the child who is capable of forming his or her own views the right
to express those views freely in all matters affecting the child, the views of the child being given
due weight in accordance with the age and maturity of the child. 2. For this purpose, the child
shall in particular be provided the opportunity to be heard in any judicial and administrative
proceedings affecting the child, either directly, or through a representative or an appropriate
body, in a manner consistent with the procedural rules of national law.

Article 13
1. The child shall have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing or in print, in the form of art, or through any other media of the child's choice.

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as
are provided by law and are necessary:

(a) For respect of the rights or reputations of others; or

(b) For the protection of national security or of public order (ordre public), or of public health or
morals.

Article 14
1. States Parties shall respect the right of the child to freedom of thought, conscience and
religion.

2. States Parties shall respect the rights and duties of the parents and, when applicable, legal
guardians, to provide direction to the child in the exercise of his or her right in a manner
consistent with the evolving capacities of the child.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health or morals, or the
fundamental rights and freedoms of others.
Article 15
1. States Parties recognize the rights of the child to freedom of association and to freedom of
peaceful assembly.

2. No restrictions may be placed on the exercise of these rights other than those imposed in
conformity with the law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection of public health or
morals or the protection of the rights and freedoms of others.

Article 16
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy,
family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2. The child has the right to the protection of the law against such interference or attacks.

Article 17
States Parties recognize the important function performed by the mass media and shall ensure
that the child has access to information and material from a diversity of national and
international sources, especially those aimed at the promotion of his or her social, spiritual and
moral well-being and physical and mental health. To this end, States Parties shall:

(a) Encourage the mass media to disseminate information and material of social and cultural
benefit to the child and in accordance with the spirit of article 29;

(b) Encourage international co-operation in the production, exchange and dissemination of such
information and material from a diversity of cultural, national and international sources;

(c) Encourage the production and dissemination of children's books;

(d) Encourage the mass media to have particular regard to the linguistic needs of the child who
belongs to a minority group or who is indigenous;

(e) Encourage the development of appropriate guidelines for the protection of the child from
information and material injurious to his or her well-being, bearing in mind the provisions of
articles 13 and 18.

Article 18
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents
have common responsibilities for the upbringing and development of the child. Parents or, as the
case may be, legal guardians, have the primary responsibility for the upbringing and
development of the child. The best interests of the child will be their basic concern.

2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention,
States Parties shall render appropriate assistance to parents and legal guardians in the
performance of their child-rearing responsibilities and shall ensure the development of
institutions, facilities and services for the care of children.

3. States Parties shall take all appropriate measures to ensure that children of working parents
have the right to benefit from child-care services and facilities for which they are eligible.

Article 19
1. States Parties 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.

2. Such protective measures should, as appropriate, include effective procedures for the
establishment of social programmes to provide necessary support for the child and for those who
have the care of the child, as well as for other forms of prevention and for identification,
reporting, referral, investigation, treatment and follow-up of instances of child maltreatment
described heretofore, and, as appropriate, for judicial involvement.

Article 20
1. A child temporarily or permanently deprived of his or her family environment, or in whose
own best interests cannot be allowed to remain in that environment, shall be entitled to special
protection and assistance provided by the State.

2. States Parties shall in accordance with their national laws ensure alternative care for such a
child.

3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if
necessary placement in suitable institutions for the care of children. When considering solutions,
due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's
ethnic, religious, cultural and linguistic background.

Article 21
States Parties that recognize and/or permit the system of adoption shall ensure that the best
interests of the child shall be the paramount consideration and they shall:

(a) Ensure that the adoption of a child is authorized only by competent authorities who
determine, in accordance with applicable law and procedures and on the basis of all pertinent and
reliable information, that the adoption is permissible in view of the child's status concerning
parents, relatives and legal guardians and that, if required, the persons concerned have given
their informed consent to the adoption on the basis of such counselling as may be necessary;

(b) Recognize that inter-country adoption may be considered as an alternative means of child's
care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable
manner be cared for in the child's country of origin;
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards
equivalent to those existing in the case of national adoption;

(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does
not result in improper financial gain for those involved in it;

(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or
multilateral arrangements or agreements, and endeavour, within this framework, to ensure that
the placement of the child in another country is carried out by competent authorities or organs.

Article 22
1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee
status or who is considered a refugee in accordance with applicable international or domestic law
and procedures shall, whether unaccompanied or accompanied by his or her parents or by any
other person, receive appropriate protection and humanitarian assistance in the enjoyment of
applicable rights set forth in the present Convention and in other international human rights or
humanitarian instruments to which the said States are Parties.

2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any
efforts by the United Nations and other competent intergovernmental organizations or non-
governmental organizations co-operating with the United Nations to protect and assist such a
child and to trace the parents or other members of the family of any refugee child in order to
obtain information necessary for reunification with his or her family In cases where no parents or
other members of the family can be found, the child shall be accorded the same protection as any
other child permanently or temporarily deprived of his or her family environment for any reason,
as set forth in the present Convention.

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.

3. Recognizing the special needs of a disabled child, assistance extended in accordance with
paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into
account the financial resources of the parents or others caring for the child, and shall be designed
to ensure that the disabled child has effective access to and receives education, training, health
care services, rehabilitation services, preparation for employment and recreation opportunities in
a manner conducive to the child's achieving the fullest possible social integration and individual
development, including his or her cultural and spiritual development.
4. States Parties shall promote, in the spirit of international co-operation, 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 forth in the present Convention and in other international human rights or
humanitarian instruments to which the said States are Parties.

2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any
efforts by the United Nations and other competent intergovernmental organizations or non-
governmental organizations cooperating with the United Nations to protect and assist such a
child and to trace the parents or other members of the family of any refugee child in order to
obtain information necessary for reunification with his or her family. In cases where no parents
or other members of the family can be found, the child shall be accorded the same protection as
any other child permanently or temporarily deprived of his or her family environment for any
reason, as set forth in the present Convention.

States Parties shall pursue full implementation of this right and, in particular, shall take
appropriate measures:

(a) To diminish infant and child mortality;

(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,
through, iner 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 breast-feeding, 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.

4. States Parties undertake to promote and encourage international co-operation with a view to
achieving progressively the full realization of the right recognized in the present article. In this
regard, particular account shall be taken of the needs of developing countries.

Article 25
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.

Article 26
1. States Parties shall recognize for every child the right to benefit from social security, including
social insurance, and shall take the necessary measures to achieve the full realization of this right
in accordance with their national law.

2. The benefits should, where appropriate, be granted, taking into account the resources and the
circumstances of the child and persons having responsibility for the maintenance of the child, as
well as any other consideration relevant to an application for benefits made by or on behalf of the
child.

Article 27
1. States Parties recognize the right of every child to a standard of living adequate for the child's
physical, mental, spiritual, moral and social development.

2. The parent(s) or others responsible for the child have the primary responsibility to secure,
within their abilities and financial capacities, the conditions of living necessary for the child's
development.

3. States Parties, in accordance with national conditions and within their means, shall take
appropriate measures to assist parents and others responsible for the child to implement this right
and shall in case of need provide material assistance and support programmes, particularly with
regard to nutrition, clothing and housing.

4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the
child from the parents or other persons having financial responsibility for the child, both within
the State Party and from abroad. In particular, where the person having financial responsibility
for the child lives in a State different from that of the child, States Parties shall promote the
accession to international agreements or the conclusion of such agreements, as well as the
making of other appropriate arrangements.
Article 28
1. States Parties recognize the right of the child to education, and with a view to achieving this
right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and
vocational education, make them available and accessible to every child, and take appropriate
measures such as the introduction of free education and offering financial assistance in case of
need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all
children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child's human dignity and in conformity with the
present Convention.

3. States Parties shall promote and encourage international co-operation in matters relating to
education, in particular with a view to contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and technical knowledge and modern
teaching methods. In this regard, particular account shall be taken of the needs of developing
countries.

Article 29
1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their
fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the
principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child's parents, his or her own cultural identity, language
and values, for the national values of the country in which the child is living; the country from
which he or she may originate, and for civilizations different from his or her own;

(d) The preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic,
national and religious groups and persons of indigenous origin;

(e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty
of individuals and bodies to establish and direct educational institutions, subject always to the
observance of the principles set forth in paragraph 1 of the present article and to the requirements
that the education given in such institutions shall conform to such minimum standards as may be
laid down by the State.

Article 30
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin
exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in
community with other members of his or her group, to enjoy his or her own culture, to profess
and practise his or her own religion, or to use his or her own language.

Article 31
1. States Parties recognize the right of the child to rest and leisure, to engage in play and
recreational activities appropriate to the age of the child and to participate freely in cultural life
and the arts.

2. States Parties shall respect and promote the right of the child to participate fully in cultural and
artistic life and shall encourage the provision of appropriate and equal opportunities for cultural,
artistic, recreational and leisure activity.

Article 32
1. States Parties recognize 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.

2. States Parties shall take legislative, administrative, social and educational measures to ensure
the implementation of the present article. To this end, and having regard to the relevant
provisions of other international instruments, States Parties shall in particular:

(a) Provide for a minimum age or minimum ages for admission to employment;

(b) Provide for appropriate regulation of the hours and conditions of employment;

(c) Provide for appropriate penalties or other sanctions to ensure the, effective enforcement of
the present article.

Article 33
States Parties shall take all appropriate measures, including legislative, administrative, social and
educational measures, to protect children from the illicit use of narcotic drugs and psychotropic
substances as defined in the relevant international treaties, and to prevent the use of children in
the illicit production and trafficking of such substances.
Article 34
States Parties undertake to protect the child from all forms of sexual exploitation and sexual
abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral
and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c)The exploitative use of children in pornographic performances and materials.

Article 35
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the
abduction of, the sale of or traffic in children for any purpose or in any form.

Article 36
States Parties shall protect the child against all other forms of exploitation prejudicial to any
aspects of the child's welfare.

Article 37
States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention
or imprisonment of a child shall be in conformity with the law and shall be used only as a
measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent
dignity of the human person, and in a manner which takes into account the needs of persons of
his or her age. In particular, every child deprived of liberty shall be separated from adults unless
it is considered in the child's best interest not to do so and shall have the right to maintain contact
with his or her family through correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and
other appropriate assistance, as well as the right to challenge the legality of the deprivation of his
or her liberty before a court or other competent, independent and impartial authority, and to a
prompt decision on any such action.

Article 38
1. States Parties undertake to respect and to ensure respect for rules of international humanitarian
law applicable to them in armed conflicts which are relevant to the child.
2. States Parties shall take all feasible measures to ensure that persons who have not attained the
age of fifteen years do not take a direct part in hostilities.

3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen
years into their armed forces. In recruiting among those persons who have attained the age of
fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour
to give priority to those who are oldest.

4. In accordance with their obligations under international humanitarian law to protect the
civilian population in armed conflicts, States Parties shall take all feasible measures to ensure
protection and care of children who are affected by an armed conflict.

Article 39
States 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 reintegration shall take place in an environment which fosters the health, self-
respect and dignity of the child.

Article 40
1. States 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 reintegration and the child's assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of international instruments, States
Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law
by reason of acts or omissions that were not prohibited by national or international law at the
time they were committed;

(b) Every child alleged as or accused of having infringed the penal law has at least the following
guarantees:

(i) To be presumed innocent until proven guilty according to law;

(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate,
through his or her parents or legal guardians, and to have legal or other appropriate assistance in
the preparation and presentation of his or her defence;

(iii) To have the matter determined without delay by a competent, independent and impartial
authority or judicial body in a fair hearing according to law, in the presence of legal or other
appropriate assistance and, unless it is considered not to be in the best interest of the child, in
particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess quilt; to examine or have examined
adverse witnesses and to obtain the participation and examination of witnesses on his or her
behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any measures
imposed in consequence thereof reviewed by a higher competent, independent and impartial
authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the
language used;

(vii) To have his or her privacy fully respected at all stages of the proceedings.

3. States Parties shall seek to promote the establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged as, accused of, or recognized as having
infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed not to have the
capacity to infringe the penal law;

(b) Whenever appropriate and desirable, measures for dealing with such children without
resorting to judicial proceedings, providing that human rights and legal safeguards are fully
respected.

4. A variety of dispositions, such as care, guidance and supervision orders; counselling;

probation; foster care; education and vocational training programmes and other alternatives to
institutional care shall be available to ensure that children are dealt with in a manner appropriate
to their well-being and proportionate both to their circumstances and the offence.

Article 41
Nothing in the present Convention shall affect any provisions which are more conducive to the
realization of the rights of the child and which may be contained in:

(a) The law of a State Party; or

(b) International law in force for that State.

 Declaration on the Right to Development
Adopted by General Assembly resolution 41/128 of 4 December 1986

The General Assembly,

Bearing in mind the purposes and principles of the Charter of the United Nations relating to the
achievement of international co-operation in solving international problems of an economic,
social, cultural or humanitarian nature, and in promoting and encouraging respect for human
rights and fundamental freedoms for all without distinction as to race, sex, language or religion,
Recognizing that development is a comprehensive economic, social, cultural and political
process, which aims at the constant improvement of the well-being of the entire population and
of all individuals on the basis of their active, free and meaningful participation in development
and in the fair distribution of benefits resulting therefrom, Considering that under the provisions
of the Universal Declaration of Human Rights everyone is entitled to a social and international
order in which the rights and freedoms set forth in that Declaration can be fully realized,
Recalling the provisions of the International Covenant on Economic, Social and Cultural Rights
and of the International Covenant on Civil and Political Rights,
Recalling further the relevant agreements, conventions, resolutions, recommendations and other
instruments of the United Nations and its specialized agencies concerning the integral
development of the human being, economic and social progress and development of all peoples,
including those instruments concerning decolonization, the prevention of discrimination, respect
for and observance of human rights and fundamental freedoms, the maintenance of international
peace and security and the further promotion of friendly relations and co-operation among States
in accordance with the Charter,
Recalling the right of peoples to self-determination, by virtue of which they have the right freely
to determine their political status and to pursue their economic, social and cultural development,
Recalling also the right of peoples to exercise, subject to the relevant provisions of both
International Covenants on Human Rights, full and complete sovereignty over all their natural
wealth and resources, Mindful of the obligation of States under the Charter to promote universal
respect for and observance of human rights and fundamental freedoms for all without distinction
of any kind such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status,
Considering that the elimination of the massive and flagrant violations of the human rights of the
peoples and individuals affected by situations such as those resulting from colonialism,
neocolonialism, apartheid , all forms of racism and racial discrimination, foreign domination and
occupation, aggression and threats against national sovereignty, national unity and territorial
integrity and threats of war would contribute to the establishment of circumstances propitious to
the development of a great part of mankind,
Concerned at the existence of serious obstacles to development, as well as to the complete
fulfillment of human beings and of peoples, constituted, inter alia , by the denial of civil,
political, economic, social and cultural rights, and considering that all human rights and
fundamental freedoms are indivisible and interdependent and that, in order to promote
development, equal attention and urgent consideration should be given to the implementation,
promotion and protection of civil, political, economic, social and cultural rights and that,
accordingly, the promotion of, respect for and enjoyment of certain human rights and
fundamental freedoms cannot justify the denial of other human rights and fundamental freedoms,
Considering that international peace and security are essential elements for the realization of the
right to development,
Reaffirming that there is a close relationship between disarmament and development and that
progress in the field of disarmament would considerably promote progress in the field of
development and that resources released through disarmament measures should be devoted to the
economic and social development and well-being of all peoples and, in particular, those of the
developing countries,
Recognizing that the human person is the central subject of the development process and that
development policy should therefore make the human being the main participant and beneficiary
of development,
Recognizing that the creation of conditions favourable to the development of peoples and
individuals is the primary responsibility of their States,
Aware that efforts at the international level to promote and protect human rights should be
accompanied by efforts to establish a new international economic order,
Confirming that the right to development is an inalienable human right and that equality of
opportunity for development is a prerogative both of nations and of individuals who make up
nations,
Proclaims the following Declaration on the Right to Development:
Article 1
1. The right to development is an inalienable human right by virtue of which every human person
and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural
and political development, in which all human rights and fundamental freedoms can be fully
realized.
2. The human right to development also implies the full realization of the right of peoples to
selfdetermination, which includes, subject to the relevant provisions of both International
Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all
their natural wealth and resources.
Article 2
1. The human person is the central subject of development and should be the active participant
and beneficiary of the right to development.
2. All human beings have a responsibility for development, individually and collectively, taking
into account the need for full respect for their human rights and fundamental freedoms as well as
their duties to the community, which alone can ensure the free and complete fulfilment of the
human being, and they should therefore promote and protect an appropriate political, social and
economic order for development.
3. States have the right and the duty to formulate appropriate national development policies that
aim at the constant improvement of the well-being of the entire population and of all individuals,
on the basis of their active, free and meaningful participation in development and in the fair
distribution of the benefits resulting therefrom.
Article 3
1. States have the primary responsibility for the creation of national and international conditions
favourable to the realization of the right to development.
2. The realization of the right to development requires full respect for the principles of
international law concerning friendly relations and co-operation among States in accordance with
the Charter of the United Nations.
3. States have the duty to co-operate with each other in ensuring development and eliminating
obstacles to development. States should realize their rights and fulfil their duties in such a
manner as to promote a new international economic order based on sovereign equality,
interdependence, mutual interest and co-operation among all States, as well as to encourage the
observance and realization of human rights.
Article 4
1. States have the duty to take steps, individually and collectively, to formulate international
development policies with a view to facilitating the full realization of the right to development.
2. Sustained action is required to promote more rapid development of developing countries. As a
complement to the efforts of developing countries, effective international co-operation is
essential in providing these countries with appropriate means and facilities to foster their
comprehensive development.
Article 5
States shall take resolute steps to eliminate the massive and flagrant violations of the human
rights of peoples and human beings affected by situations such as those resulting from apartheid ,
all forms of racism and racial discrimination, colonialism, foreign domination and occupation,
aggression, foreign interference and threats against national sovereignty, national unity and
territorial integrity, threats of war and refusal to recognize the fundamental right of peoples to
self-determination.
Article 6
1. All States should co-operate with a view to promoting, encouraging and strengthening
universal respect for and observance of all human rights and fundamental freedoms for all
without any distinction as to race, sex, language or religion.
2. All human rights and fundamental freedoms are indivisible and interdependent; equal attention
and urgent consideration should be given to the implementation, promotion and protection of
civil, political, economic, social and cultural rights.
3. States should take steps to eliminate obstacles to development resulting from failure to
observe civil and political rights, as well as economic social and cultural rights.
Article 7
All States should promote the establishment, maintenance and strengthening of international
peace and security and, to that end, should do their utmost to achieve general and complete
disarmament under effective international control, as well as to ensure that the resources released
by effective disarmament measures are used for comprehensive development, in particular that
of the developing countries.
Article 8
1. States should undertake, at the national level, all necessary measures for the realization of the
right to development and shall ensure, inter alia , equality of opportunity for all in their access to
basic resources, education, health services, food, housing, employment and the fair distribution
of income. Effective measures should be undertaken to ensure that women have an active role in
the development process. Appropriate economic and social reforms should be carried out with a
view to eradicating all social injustices.
2. States should encourage popular participation in all spheres as an important factor in
development and in the full realization of all human rights.
Article 9
1. All the aspects of the right to development set forth in the present Declaration are indivisible
and interdependent and each of them should be considered in the context of the whole.
2. Nothing in the present Declaration shall be construed as being contrary to the purposes and
principles of the United Nations, or as implying that any State, group or person has a right to
engage in any activity or to perform any act aimed at the violation of the rights set forth in the
Universal Declaration of Human Rights and in the International Covenants on Human Rights.
Article 10
Steps should be taken to ensure the full exercise and progressive enhancement of the right to
development, including the formulation, adoption and implementation of policy, legislative and
other measures at the national and international levels.

GAY RIGHTS

In 2005, Prince Manvendra Singh Gohil, who hails from Rajkot in the Gujarat state, publicly
came out as gay. He was quickly anointed by the Indian and the world media as the first openly
gay royal. He was disinherited as an immediate reaction by the royal family, though they
eventually reconciled. He has appeared on the Oprah Winfrey show, and is currently appearing
on BBC Three's Undercover Princes.

In 2008, Zoltan Parag, a competitor at the Mr. Gay International contest said that he was "scared"
to return to India fearing discrimination. He said, "Indian media has exposed me so much that
now when I call my friends back home, their parents do not let them talk to me".

On 29 June 2008, four Indian cities (Delhi, Bangalore, Kolkata and Puducherry) celebrated gay
pride parades. These were the first pride parades in Delhi, Bangalore and Puducherry. About
2000 people turned out in these nationwide parades. Mumbai held its pride march on 16 August
2008, with Bollywood actress Celina Jaitley also joining in the festivities.

On 16 April 2009, India's first gay magazine Bombay Dost, was re-launched by Celina Jaitley in
Mumbai.

On 27 June 2009, Bhubaneswar, the capital city of the Orissa state, saw its first gay pride parade.
The same day, Union Law Minister Veerappa Moily announced that the Union Home Minister
has convened a meeting with Union Law Minister, Union Health Minister and Home Ministers
of all states to evolve a consensus on decriminalising homosexuality in India. On 28 June 2009,
Delhi and Bangalore held their second gay pride parades, and Chennai - generally considered to
be a very conservative city - held its first.

The Naz Foundation (India), a New Delhi based NGO is at the forefront of the campaign to
decriminalise homosexuality. The organisation aims to sensitise the community to the prevalence
of HIV, as well as highlight issues related to sexuality and sexual health. The organisation has
strong linkages with human rights groups and agencies such as Lawyers Collective, Human
Right Law Network, Amnesty International, International Gay and Lesbian Human Rights
Commission. Naz India has collaborated with these agencies to address cases of sexual rights
abuse. Naz India’s efforts in sensitising the government to different issues related to the
epidemic include the amendment of Section 377 of the Indian Penal Code commonly known as
the ‘Anti-sodomy Law’. This act criminalises same sex sexual behaviour irrespective of the age
and consent of the people involved, posing one of the most significant challenges in effective
HIV/AIDS interventions with sexual minorities. In December 2002 Naz India filed a Public
Interest Litigation (PIL) to challenge IPC section 377 in the Delhi High Court.

In September 2006, Nobel Laureate Amartya Sen and acclaimed writer Vikram Seth came
together with scores of other prominent Indians in public life to publicly demand this change in
the legal regime. The open letter demands that 'In the name of humanity and of our Constitution,
this cruel and discriminatory law should be struck down.'

On 30 June 2008, Indian labour minister Oscar Fernandes backed calls for decriminalisation of
consensual gay sex, and the Prime Minister Manmohan Singh called for greater tolerance
towards homosexuals.

On 4 July 2008, gay activists fighting for decriminalisation of consensual homosexuality at the
Delhi High Court got a shot in the arm when the court opined that there was nothing unusual in
holding a gay rally, something which is common outside India.

On 23 July 2008, Bombay High Court Judge Bilal Nazki said that India's unnatural sex law
should be reviewed.

Former Indian health minister Anbumani Ramadoss advocated legalising homosexuality in India.
On 9 August 2008, he campaigned for changing "Section 377" of the Indian penal code, which
makes homosexuality an unnatural act and thus illegal. At the International AIDS Conference in
Mexico city, he said, "Section 377 of IPC, which criminalises men who have sex with men, must
go." His ministerial portfolio had put him at odds with the Indian Home ministry in seeking to
scrap Section 377. In late 2008, he changed his argument saying he does not want the
"scrapping" of Section 377 but a mere "modification" of the law treating homosexuality as a
criminal offence punishable up to life imprisonment. He said he wants Prime Minister
Manmohan Singh to resolve the matter, while he wanted to avoid discord with the home
ministry, who said the altered law would then result in an increase in criminal incidences of
sodomy or offences involving sexual abuse of children, particularly boys. In doing so he alleged
that the law even penalises health workers for "abetting," while making this a cognisable and
non-bailable offence. "The entire objective of getting homosexuality decriminalised is primarily
to reach out to an estimated 4.5 million MSMs across the country as about 86 per cent
HIV/AIDS-affected persons in India are ‘Men Having Sex with Men’ (MSM). My concern is
purely on health grounds because Section 377 in its present form interferes with health ministry’s
efforts to tackle HIV/AIDS epidemic, as even the doctors treating gay patients could be
punished. Hence unless we take appropriate steps it would be difficult to contain the spread of
the virus." He added the last comment saying the disease through blood transfusion and
parentage declined while the other methods were hindering tackling the epidemic.
International pressure

The United Nations urged India to decriminalise homosexuality by saying it would help the fight
against HIV/AIDS by allowing intervention programmes, much like the successful ones in China
and Brazil. Jeffrey O'Malley, director of the United Nations Development Programme on
HIV/AIDS, said "countries protecting homosexuals from discrimination had better records of
protecting them from getting infected by the diseases. [But] unfortunately in India, the rates of
new infections among men who have sex with men continue to go up. Until we acknowledge
these behaviours and work with people involved with these behaviours, we are not going to halt
and reverse the HIV epidemic. Countries which protect men who have sex with men... have
double the rate of coverage of HIV prevention services—as much as 60 percent." In talking to
the The Hindu, he added that "The United Progressive Alliance government here is in a difficult
position as far as amending Section 377 of the Constitution is concerned because of the coming
elections as any changes could be misrepresented. We need to change the laws, sensitise the
police and judiciary....But when discriminatory laws have been removed, marginalised people
have got access to treatment and prevention facilities like condoms." Warning of the urgency he
said, "India has achieved success in checking the spread of this dreaded disease through
commercial sex workers but transmission through gay sex, and injectable-drug users is still an
area of concern. Injectable-drug use can also be controlled through targeted interventions but is
difficult to control or change people’s sexual orientation."

Legal status

Indian law does not recognise same-sex marriages, nor does it provide for civil unions. Until July
2009, homosexual intercourse was a criminal offence under Section 377 of the Indian Penal
Code, 1860, which made it an offence for a person to voluntarily have "carnal intercourse against
the order of nature." Whilst convictions under this section were extremely rare, with no
convictions at all for homosexual intercourse in the twenty years to 2009, Human Rights Watch
have said that the law has been used to harass HIV/AIDS prevention activists, as well as sex
workers, men who have sex with men, and other LGBT groups. The group documents arrests in
Lucknow of 4 men in 2006 and another 4 in 2001. The People's Union for Civil Liberties has
published two reports of the rights violations faced by sexual minorities and, in particular,
transsexuals (hijras and kothis) in India.

In recent years, the continued existence of this section had become controversial. The Law
Commission of India had historically favoured that the retention of this section, but in its 172nd
report, delivered in 2000 it recommended its repeal, as did the then Health minister, Anbumani
Ramadoss, in 2008. On 2 July 2009, in the case of Naz Foundation v National Capital Territory
of Delhi, the High Court of Delhi struck down much of S. 377 of the IPC as being
unconstitutional. The Court held that to the extent S. 377 criminalised consensual non-vaginal
sexual acts between adults, it violated an individual's fundamental rights to equality before the
law, freedom from discrimination and to life and personal liberty under Articles 14, 15 and 21 of
the Constitution of India. The High Court did not strike down S. 377 completely - it held the
section was valid to the extent it related to non-consensual non-vaginal intercourse or to
intercourse with minors - and it expressed the hope that Parliament would soon legislatively
address the issue.

Decisions of a High Court on the constitutionality of a law apply throughout India, and not just
to the territory of the state over which the High Court in question has jurisdiction. As a result, the
decision of the Delhi High Court has the effect of striking down S. 377 throughout the territory
of India, with the exception of the State of Jammu and Kashmir which has its own penal law.
However, the decision does not bind courts outside Delhi, although it has persuasive value,
which means that the High Court of any other state could in theory dissent from the decision of
the High Court of Delhi and hold the section to be valid.

Recognition of same-sex couples

There is no legal recognition of same-sex couples under Indian law. During a recent visit to India
by the Canadian Prime Minister Paul Martin, the Indian Prime Minister Manmohan Singh was
asked by a journalist what he thought of the new law allowing gay marriage in Canada. His reply
was that "there would not be much appreciation for a law like that in India," and he went on to
talk about how they were culturally very different societies.

The supreme Sikh religious body, the Akal Takht, has issued an edict condemning gay marriage
and has told Sikhs living in Canada not to support or allow gay marriages in gurudwaras. In
2005, two unnamed women in Hyderabad asked the Darul Qaza, an Islamic court, for a fatwa
allowing them to marry, but permission was denied with a rebuke from the chief qazi. None of
the principal Christian denominations in India allow same-sex marriage.

However, since 1987, when the national press carried the story of two policewomen who married
each other by Hindu rites in central India, the press has reported many same-sex marriages, all
over the country, mostly between lower middle class young women in small towns and rural
areas, who have no contact with any gay movement. Family reactions range from support to
disapproval to violent persecution. While police generally harass such couples, Indian courts
have uniformly upheld their right, as adults, to live with whomever they wish. In recent years,
some of these couples have appeared on television as well. There have also been numerous joint
suicides by same-sex couples, mostly female (male-female couples also resort to suicide or to
elopement and religious marriage when their families oppose their unions). In "Same-Sex Love
in India : Readings from Literature and History", author Ruth Vanita analyses dozens of such
marriages and suicides that have taken place over the last three decades, and explores their legal,
religious, and historical aspects. She argues that many of the marriages can arguably be
considered legally valid, as under the Hindu Marriage Act, 1955, any marriage between two
Hindus performed according to the customs prevalent in the community of one of the two
partners is legally valid. No license is required to marry, and most heterosexual Hindu marriages
in India today are performed by religious rites alone, without a marriage license and are never
registered with the state. State recognition is not sought by most couples because it confers few
benefits. Most couples seek the validation of family and community, and several female couples
in rural areas and small towns have received this validation.
 Human Rights for Women in India

Woman, the very creation of God that makes living beautiful is often at the receiving end of
trauma. Not necessarily do criminals live around rural thatched roofs only. They are found in sky
rises and posh suites too. In 2009 rape cases have reached 2,497, domestic violence has crossed
the 10,000 mark. In short women are still treated as a lesser person. But of course the
government is doing all its best to improvise the situation. Around 2.8 million social workers
have been employed by the government to reach into villages and homes across the country, to
make women aware of their rights.

Much to their surprise women are not even aware that they have any rights in a man’s world.
While some are treated as slaves in their adulthood, most don’t even enjoy a childhood. To this
purpose the National Commission for Women is set up and located at 4, Deen Dayal,
Upadhayaya Marg, New Delhi 110 002, phone: 11 23237166. It is the apex organisation for
protecting women. Besides this there are Commissions set up in each state of the country to
protect and uplift women.

These organizations implicit that there should be equality of rights for women as given to men.
Article 14 of the Constitution in India says that no person will be denied equality before the law.
Article 42 states that women should be provided just and human work atmosphere and maternity
relief. Sati laws have been abolished, child marriages are legally punishable. The girl now has to
be of 18 years when she is married and her consent has to be taken. Using force is punishable. To
her relief eve teasing too is considered a crime. It can be reported and offenders will be put
behind bars immediately.

Women's Rights Movement in India : There are many committed organizations and non-
governmental organisations (Ngos) in India working for the advancement of women's rights in
addition to government appointed agencies. The Indian government has a National Commission
for Women, which is dedicated to the welfare of Indian women.

DOMESTIC VIOLENCE

Domestic Violence isn't just hitting, or fighting, or an occasional argument. It's an abuse of
power. The abuser tortures and controls the victim by calculated threats, intimidation, and
physical violence. . Although both men and women can be abused, in most cases, the victims are
women. Children in homes where there is domestic violence are also abused or neglected.
Although the woman is usually the primary target, violence is sometimes directed toward
children, and sometimes toward family members and friends.

Many women in India are the victims of domestic abuse. Domestic violence is a CRIME and you
must seek help.

Forms of Domestic Violence:

Domestic violence can take many forms and variations and can happen once in a while or all at
the same time. Domestic violence can be Psychological Abuse, Social Abuse, Financial Abuse,
Physical Assault or Sexual Assault. Violence can be criminal and includes physical assault or
injury (hitting, beating, shoving, etc.), sexual abuse ( forced sexual activity), or stalking.

Common Forms of violence against Indian women include:

Female feticide (selective abortion based on the fetus gender or sex selection of child), Domestic
violence, Dowry death or harassment , Mental and physical torture, Sexual trafficking, and
Public humiliation.

The law is so liberal and forward-looking that it recognises a woman’s right to reside in the
shared household with her husband or a partner even when a dispute is on .Thus, it legislates
against husbands who throw their wives out of the house when there is a dispute. Such an action
by a husband will now be deemed illegal, not merely unethical.

Even if she is a victim of domestic violence, she retains right to live in ’shared homes’ that is, a
home she shares with the abusive partner. Section 17 of the law, which gives all married women
or female partners in a domestic relationship the right to reside in a home that is known in legal
terms as the shared household, applies whether or not she has any right, title or beneficial interest
in the same.

The law provides that if an abused woman requires, she has to be provided alternate
accommodation and in such situations, the accommodation and her maintenance has to be paid
for by her husband or partner.

The law, significantly, recognises the need of the abused woman for emergency relief, which
will have to be provided by the husband. A woman cannot be stopped from making a
complaint/application alleging domestic violence. She has the right to the services and assistance
of the Protection Officer and Service Providers, stipulated under the provisions of the law.

A woman who is the victim of domestic violence will have the right to the services of the police,
shelter homes and medical establishments. She also has the right to simultaneously file her own
complaint under Section 498A of the Indian Penal Code.

Sections 18-23 provide a large number of options for legal redressal. She can claim through the
courts Protection Orders, Residence Orders, Monetary Relief, Custody Order for her children,
Compensation Order and Interim/ Ex parte Orders.

If a husband violates any of the above rights of the aggrieved woman, it will be deemed a
punishable offence. Charges under Section 498A can be framed by the magistrate, in addition to
the charges under this Act. Further, the offences are cognisable and non-bailable. Punishment for
violation of the rights enumerated above could extend to one year’s imprisonment and/or a
maximum fine of Rs 20,000.
DOWRY ACT
Definition of dowry: As per the Dowry Prohibition Act (originally passed in 1961 and amended
twice in the 1980s), dowry is defined as 'any property or valuable security given or agreed to be
given either directly or indirectly by one party to a marriage to the other party to the marriage or
by the parents of either party to a marriage or by any other person, to either party to the marriage
or to any other person at or before [or any other time after the marriage] in connection with the
marriage of the said parties'. As per this definition, gifts of jewelry, clothes and cash traditionally
given by the groom's family would also be covered by the anti-dowry law and hence declared
illegal.

Cognizable offence: Two amendments enacted in 1984 and 1986 made dowry giving and
receiving a cognizable offence. This means, a court can initiate proceedings upon its own
knowledge or on the basis of a police report, even if the aggrieved person has lodged no such
complaint. Gifts allowed : As per this law 'dowry' is forbidden but 'gifts' are allowed. The anti-
dowry law cannot be invoked against the giving of presents at the time of marriage to the bride
without any demand having been made 'provided that such presents are entered in a list
maintained in accordance with the rules' as defined under the Anti- Dowry Act.

Presents to the groom allowed: Presents given to the groom are also exempted, provided no
demand has been made and they are entered in a list and provided that 'such presents are of a
customary nature and the value thereof is not excessive' in relation to the 'financial status of the
person by whom, or on whose behalf, such presents are given.'

Prescribed punishment: A person found guilty of taking or abetting the giving or taking of
dowry, invites imprisonment for a term not less than five years and with a fine which shall not be
less than Rs 15000 or the amount of the value of such dowry, whichever is more.

Legalising the illegal: After declaring that giving or taking of dowry is illegal, the Act adds a
curious rider that 'where any dowry is received by any person other than the woman in
connection with whose marriage it is given, that person will transfer the dowry to the woman
within three months after the date of marriage or within three months after the date of receipt.
Failure to transfer a woman's dowry invites imprisonment for not less than six months and a fine
of Rs.10,000. If the dowry was received when the woman was a minor, it should be transferred
to her within three months after she has attained the age of 18 years.

In most other crimes, including murder, Indian jurisprudence puts the burden of proof on the
complainant and the accused is considered innocent till proven guilty. However, in the case of
dowry related offences, a husband and his family have to prove that they did not make dowry
demands and what was given by the bride's parents were voluntary gifts.

Dowry return : Section 406 prescribes imprisonment of up to three years for criminal breach of
trust for not returning a woman's dowry, if a woman demands it after her marriage breaks down.
Section 406 is one of the few clauses in the law that has proven useful for women with a genuine
case because it helps in the retrieval of dowry where the husband or in-laws are unwilling to
return the goods that came as dowry. If a person fails to comply with the court's direction to
transfer a woman's dowry within the specified period, an amount equal to the value of the
property may be recovered from him.

Draconian anti-cruelty law: In 1983, Section 498A of the IPC defined a new cognizable offence,
namely, 'cruelty by husband or relatives of husband'. This means that once such a complaint is
registered by the victim or any of her relatives, the police have no option but to take action. It
prescribes imprisonment for a term, which may extend to three years, and also includes a fine.
The definition of cruelty is not just confined to causing grave injury, bodily harm, or danger to
life, limb or physical health, but also includes harming mental health by harassment and
emotional torture through verbal abuse. This law takes particular cognizance of harassment,
where it occurs with a view to coercing the wife, or any person related to her, to meet any
unlawful demand regarding any property or valuable security, or occurs on account of failure by
her, or any person related to her, to meet such a demand.

Punishment for 'dowry death': Women's organizations also pushed to get a new category of crime
included on the statute book via an amendment to the Indian Penal Code. This crime - named
'dowry murder' or 'dowry death' is covered by Section 304B. This section states that if the death
of a woman is caused by burns or bodily injury, or occurs under abnormal circumstances, within
seven years of her marriage and it is shown that just prior to death she was subject to cruelty by
her husband or his relatives, in connection with demands for dowry, such a death would be called
'dowry death' and the husband or relative would be deemed to have caused her death. The person
held guilty of a 'dowry death' shall be punished with imprisonment for a term which shall not be
less than seven years but which may extend to imprisonment for life.

Assumption of guilt: By inserting a new section 113B in the Indian Evidence Act, the lawmakers
stipulated that in cases that are registered by the police as those of 'dowry death', the court shall
presume that the accused is guilty unless he can prove otherwise.

Bail provisions for 'dowry crimes': Under section 304B, in the case of a 'dowry death', where
allegations of demand of dowry or non-return of dowry are made, the accused are frequently
denied anticipatory, or even regular bail. This is understandable in cases of death because the
unnatural demise of a woman is in itself likely evidence that something was seriously wrong in
the marriage. But it has also meant that in all cases of a married woman's death, lawyers tend to
advise the woman's family that they must build a case of dowry demands even if the murder or
suicide was due to other reasons.

RIGHTS OF GIRL CHILD IN INDIA

The fact that girls are being murdered quietly after sex determination tests, what can one say of
rights of girl child in India? As per UNICEF guidelines the girl child must get equal
opportunities to education, medicine, healthcare facilities and workplace.

Although the democratic constitution and laws state there have to be equal and full opportunities,
the girl child, if she survives barley gets to see her 15th birthday. Out of the 15 million baby girls
born in the country, every year nearly 25% of them do not reach their 15th birthday.
India has been one of the first countries to introduce family planning in 1952. The tragedy lies in
the misconception that a male heir is all that is needed. But how many people realise that to have
the male heir, a woman is needed to reproduce. Biologically she is the carrier of the child.

In many homes across the country, girls are treated with indifference. Daughters are considered
as liabilities. Outside one sex determination clinic in Haryana, it was written, pay Rs. 50 now
rather than pay Rs. 50, 000 later (as dowry).

Women have no power themselves even though they have legal recourse. It takes guts for a
woman to stand up against her husband, in-laws or parents if she meets with dowry problems or
sexual violence. Child marriages restrict the girls and their rights.

There is malnutrition, poverty, high illiteracy and infant mortality ailing the society today in
India. Only 40-50 percent women get antenatal care. In Bihar, Madhya Pradesh, Uttar Pradesh,
Maharastra, Orrisa and Gujarat the registration for health services for mother and child are low
(5-22% in rural) and (21-51% in urban) areas.

A pregnant woman is dependent on the mother-in-law and husband for any treatment that she
needs. Atrocities against women has risen. Every 26 minutes a woman is molested. Every 34
minutes a rape takes place. Every 42 minutes a sexual harassment incident occurs. Every 43
minutes a woman is kidnapped. And every 93 minutes a woman is burnt to death over dowry.
One-quarter of the reported rapes involve girls under the age of 16 but they are never reported.

The government’s initiative of saving the girl child has started with a ‘palna’ (rocking cradle). It
is not a rocking scheme. The NGOs and other agencies working to save the girls from becoming
victims of infanticide feel this could be a way that parents who give birth to the girl and leave it
in the government’s care! The scheme has sent wrong signals to poor parents! In Tamil Nadu
where the scheme started off has not been so successful.

Girl child education in India : The constitution guarantees free primary school education for boys
and girls up to 14 years of age. But till today, only 39% of girls and 64% of boys get education in
Bihar, Rajasthan, Uttar Pradesh and Madhya Pradesh. If women teachers were increased chances
are that girls in rural areas would continue to study. As girls get enlightened, they will raise
better families.

CHILD LABOUR IN INDIA

Poor children in India begin working at a very young and tender age. Many children have to
work to help their families and some families expect their children to continue the family
business at a young age.

India has all along followed a proactive policy in the matter of tackling the problem of child
labour. India has always stood for constitutional, statutory and developmental measures that are
required to eliminate child laborr in India. Indian Constitution consciously incorporated relevant
provisions in the Constitution to secure compulsory universal elementary education as well as
labor protection for children.

Though most children begin working at a young age due to economic reasons, doing so allows
them to break from some social constraints.

Indian Government policies on Child Labor in India

India's policy on child labour has evolved over the years against this backdrop. The present
regime of laws relating to Child Labor in India have a pragmatic foundation and are consistent
with the International Labour Conference resolution of 1979.

The policy of the government is to ban employment of children below the age of fourteen years
in factories, mines and hazardous employment and to regulate the working conditions of children
in other employment. The Child Labour (Prohibition and Regulation) Act, 1986 seeks to achieve
this basic objective.

Child labour laws in India

Through a notification dated May 26, 1993, the working conditions of children have been
regulated in all employment which are not prohibited under the Child Labour (Prohibition and
Regulation) Act. Following up on a preliminary notification issued on October 5, 1993, the
government has also prohibited employment of children in occupation processes like abattoirs
/slaughter houses, printing, cashewnut descaling and processing, and soldering.

Children perform a variety of jobs: some work in factories, making products such as carpets
and matches; others work on plantations, or in the home.

For boys the type of work is very different because they often work long hours doing hard
physical labor outside of the home for very small wages.

The government has made efforts to prohibit child labor by enacting Child labor laws in India
including the 1986 Child Labor (Prohibition and Regulation) Act that stated that children under
fourteen years of age could not be employed in hazardous occupations.

This act also attempted to regulate working conditions in the jobs that it permitted, and put
greater emphasis on health and safety standards.

However, due to cultural and economic factors, these goals remain difficult to meet. For
instance, the act does nothing to protect children who perform domestic or unreported labor,
which is very common in India. In almost all Indian industries girls are unrecognized laborers
because they are seen as helpers and not workers. Therefore, girls are therefore not protected by
the law. Children are often exploited and deprived of their rights in India, and until further
measures are taken, many Indian children will continue to live in poverty.