CHILD RIGHTS QUIZ

PREPARA
PREPARATOR
ARAT Y NO
ORY TES
NOTES

T he SIOL Quiz Club

 CHILD RIGHTS QUIZ 2024- PREPARATORY NOTES

Which day is celebrated as child rights day?

November 20

It is celebrated every year on November 20 to promote international togetherness, awareness

among children worldwide, and improving children’s welfare. In 1959, the UN General Assembly
adopted the Declaration of the Rights of the Child on November 20.

World Children’s Day is observed every year on November 20. This is a global celebration
dedicated to the welfare, rights, and future of children.

The day is an opportunity to amplify children’s voices and address issues they face, such as
educational inequality, child labour, and inadequate access to healthcare. It is also a call to
action for governments, organizations, and communities to implement policies that protect and
empower children, ensuring they have a safe and nurturing environment to grow in.

World Children’s Day 2024: History

World Children’s Day was first established in 1954 as Universal Children’s Day. It is celebrated
every year on November 20 to promote international togetherness, awareness among children
worldwide, and improving children’s welfare.

In 1959, the UN General Assembly adopted the Declaration of the Rights of the Child on
November 20. It is also the date in 1989 when the UN General Assembly adopted the
Convention on the Rights of the Child.

Since 1990, World Children’s Day also marks the anniversary of the date that the United
Nations General Assembly adopted both the Declaration and the Convention on Children’s Rights.

World Children’s Day 2024: Significance

World Children’s Day aims to raise awareness about issues like education inequality, child labour,
and healthcare access encouraging global action to address these challenges. It also celebrates
children’s potential and empowers them to voice their perspectives, fostering unity and
commitment to creating a safer, equitable world for every child.

The United Nations emphasises that World Children’s day offers opportunities to support
children’s rights and encourages conversations and actions that help create a better world for
children.

What is the theme for World Children’s Day 2024?

The theme for World Children’s Day 2024 is: “Listen to the Future.―
World Children’s Day 2024: Top 10 quotes
Here are the top 10 quotes of World Children’s Day 2024
"Children are the living messages we send to a time we will not see." John F. Kennedy
"There can be no keener revelation of a society’s soul than the way in which it treats its
children." Nelson Mandela
"Every child you encounter is a divine appointment." Wess Stafford
"Children must be taught how to think, not what to think." Margaret Mead
"A child can teach an adult three things: to be happy for no reason, to always be curious, and to
fight tirelessly for something." Paulo Coelho
"It is easier to build strong children than to repair broken men." Frederick Douglass
"Every child is an artist; the problem is staying an artist when you grow up." Pablo Picasso
"The potential of every child is the most inspiring thing in the world." Maryanne Radmacher
"The soul is healed by being with children." Fyodor Dostoevsky
"Children are not things to be molded but are people to be unfolded." Jess Lair

The Council of Europe (CoE) marked the International Day for the Protection of Children (1
June), which is observed in several countries, by reiterating its commitment to protecting
children’s rights and wellbeing, both in the physical form and online.

International Day for Protection of Children is celebrated on 1 June every year. The day is
marked to honour children globally for their right to survival, to develop, protection from harmful
influences, and to participate in family, cultural and social life. It is, however, observed only in a
few countries across the globe.

A large number of children are engaged in paid or unpaid domestic work, often in dire conditions.
Many of them are vulnerable to exploitation as they work far away from their homes. This
highlights the need to dedicate a day to raise awareness about their protection.

In 1954, the International Day for Protection of Children was established to also protect
children’s rights, end child labour and guarantee them the education they need. Arguably, this
special day is also considered as one of the oldest international holidays of the world.

History and significance:

The International Day for Protection of Children was introduced in the year 1925 during the
World Conference for the Protection of Children in Geneva.

The protection of children’s rights has been listed in many international documents and resolutions
around the world. It is also mentioned in the Convention on the Rights of the Child adopted in
1989 and the UN General Assembly Declaration of the Rights of the Child adopted in 1959.
These listed documents consider children to be one of the most vulnerable social groups in any
society.

The International Day for Protection of Children was celebrated in 1950 for the very first
time. Then, on 20 November 1959, the United Nations General Assembly adopted its own
Declaration of the Rights of the Child. They added ten new principles towards child safety in
place of the original five, hence terming it - Universal Children’s Day.

In 1992, Armenia had approved the Convention on the Rights of the Children after which in
1996, the law was passed in the Armenian Parliament. This is why, this day is celebrated in
almost all post-soviet countries.

Child Rights and You (CRY) is an Indian non-governmental organization (NGO) that works
towards ensuring children’s rights.
The organization was started in 1979 by Rippan Kapur, an Air India purser. CRY works with
99 grassroot projects across 19 states in India and has impacted the lives of over three
million children.

CRY is one of the top NGOs of India and it addresses children’s critical needs by working with
parents, teachers, Anganwadi (Indian rural child care center) workers, communities, district
and state-level governments, as well as the children, themselves.[1] The organization focuses
on changing behaviors and practices at the grassroots level and influencing public policy at a
systemic level, to create an environment where children are the priority.

CRY works on 4 key areas:

Education (Right To Development)
Health & Nutrition (Right To Survival)
Safety & Protection (Right To Protection)
Child Participation (Right To Participation)

CRY has launched the following campaigns:

World Day Against Child Labour (12 June) in 2018 and 2019, helped raise awareness on the
issue of child labour in India, and encouraged citizens to ensure that children are able to go to
school instead of work. Child labour is an important area of focus for the charity.
National Girl Child Day (24 January) 2019 and aimed to break the stereotypes associated
with girls.
International Women’s Day (8 March) 2020 and raised awareness of child marriage issues.
PooriPadhaiDeshKiBhalai, which was held in April 2001, was a national campaign to raise
awareness on the economic and social importance of girls completing their secondary education.

TYCL
Trust for Youth and Child Leadership (TYCL) was founded in 2011 in Puducherry, India, as a
youth-led non-profit organization started and run by college students from Puducherry and
Tamil Nadu. By 2019, TYCL India was being supported by more than 100 local volunteers to
run thirteen different projects and programs. Many of these projects were based on new
innovations that were piloted for the first time in India. TYCL continues to operate in Puducherry
with the aim of bringing positive change in youth, children, and their communities through
safe, inclusive, participative, and innovative leadership models.

Children’s Rights according to the Indian Constitution

India recognizes and acknowledges children as equals to their adult counterparts and deems
them worthy of the nation’s protection and shelter. Children too are given the basic/fundamental
rights of citizenship along with the adults through the Fundamental Rights and Directive
Principles of State Policy. These rights encompass the following:

Right to equality (Article 14).

Right against discrimination (Article 15).
Right to personal liberty and due process of law (Article 21).
Right to being protected from being trafficked and forced into bonded labour (Article 23).
Right of weaker sections of the people to be protected from social injustice and all forms of
exploitation (Article 46).
The Constitution of India also goes on to award certain rights to the children of India in
accordance with the United Nations Conventions on the Rights of the Child.

The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007
under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December
2005). These rights are:
Right to free and compulsory elementary education for all children in the 6-14 year
age group (Article 21 A).
Right to be protected from any hazardous employment till the age 14 (Art. 24).
Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e)).
Right to equal opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and guaranteed protection of childhood and
youth against exploitation and against moral and material abandonment
(Article 39 (f)).

Every child deserves the shield of security of its nation but there are specific classes that are
vulnerable to the exploitation and violence more than the others. These are the victims of
gender discrimination, child marriage, child labour, etc. The Indian Constitution has a number
of provisions in order to protect a child from possible and further exploitation or discrimination.
These include:

Article 24 Prohibition of employment of children in factories, etc. No child below the age of
fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous
employment.

Article 39 Certain principles of policy to be followed by the State. The State shall, in particular,
direct its policy towards securing that the citizen, men and women equally, have the right to
an adequate means of livelihood that the ownership and control of the material resources of
the community are so distributed as best to subserve the common good that the operation of
the economic system does not result in the concentration of wealth and means of production to
the common detriment that there is equal pay for equal work for both men and women that
the health and strength of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material abandonment.

Article 45 Provision for free and compulsory education for children. The State shall endeavor to
provide, within a period of ten years from the commencement of this Constitution, for free and
compulsory education for all children until they complete the age of fourteen years.

Child Rights and the Constitution

Here, we will look into various legislations, other statutes, rules, regulations and laws in place
regarding child rights and also look into the problems faced by children and the solutions to it.
Finally, we will conclude what we can do to have better systems in place after looking at the
schemes and policies implemented by the government. In Conclusion, we will analyse and suggest
some changes to the present legal framework to include many other provisions necessary for
the protection of the rights of children.
Introduction
Children are necessarily entitled to various specific provisions in India and across the world,
but their proper implementation can only lead to their realisation. Violation of rights of children
can be seen in the form of abuse, trafficking, inadequate health facilities, malnutrition, and so
on. The UN Convention on Child Rights led to development plans, strategies and various other
programs to combat the violation of child rights.

A country like India, with the population level requires, needs to pay more attention to enforcing
all the legislations, policies, rules and regulations that come out as notifications, it also needs
assessment from time-to-time. Despite the presence of International and National Standards,
children remain a vulnerable section of the society in need of special care and protection.

The country needs to interpret each section of an Act in its context and overcome its hurdles by
finding means to provide equal access to education to all.

Through affirmative action mandated by the constitution of India, we can hope to achieve all-
round development. India, being a diverse country, improvement has always been unstable, and
some areas have come up well in the development indicators while others are still staggering
behind. More and more children are malnourished today, and these issues need to be addressed
for a more comprehensive framework. As per 2011 census, the growth in the implementation
of child rights in India is stunted, we could hope to grow it with proper implementation of laws.

Who is a Child?
Child means any person who has not completed eighteen years of age.[i]

What are Child Rights?

The most basic needs of the children are referred to as rights. The most basic needs of
children are referred to as rights. Child rights are specialised human rights that apply to all
human beings below the age of 18. According to the United Nations Convention on the Rights
of the Child (UNCRC,1989), Child Rights are minimum entitlements and freedoms that should
be afforded to all persons below the age of 18 regardless of race, color, gender, language,
religion, opinions, origins, wealth, birth status or ability and therefore apply to all people
everywhere. The specialised rights found by them are Right to Survival, Protection, Participation
and Development. [ii]

Problems Children In India Face

Children in India go through the following problems for which various legal provisions have
come about

Child Abuse
Children were subjected to exploitation in various forms, and thus the need for provincial legislation
was realised. In several countries like India, intrafamilial child abuse, that is detrimental to
the growth of a child has gained momentum, and this has led to the establishment of National
Institute for Public Cooperation and Child Development (NIPCC), 1988. Consequently, Pande
can argue that "... high pitched campaigns have often yielded concentration on non-issues. Child
abuse is one such case since the problem has been taken up for implementation without having
ascertained the nature and magnitude of the problem.― [iii]

Various provisions in the Directive Principles of State Policy (Constitution of India) and the
Indian Penal Code provides specific provisions if the child rights are violated. The Ministry of
Women and Child Department(MWCD) came out with four indicators to demarcate the extent
of abuse including physical, sexual, emotional and girl-child neglect. Goa Children’s Act, 2003
was the only specific piece of child abuse legislation before the 2012 Act called POCSO(The
Protection of Children from Sexual Offences (POCSO) Act, 2012).

POCSO is the extensive provision relating to child abuse in India and provides for the definition
of a child, offences under the Act and also for the creation of a Child Welfare Committee. Article
15(3) and Article 39 under Part IV of the Indian Constitution, including other legislation
passed by the Indian Parliament delivers the same purpose as UN Convention on the Rights of
the Child(UNCRC), adopted by the UN General Assembly in 1989.

Child Soldier
Children below the age of 18 are recruited by various Military Corps and Armed Forces according
to the capacity, including but not limited to children, boys and girls, used as fighters, cooks,
porters, messengers, spies or for sexual purposes.[iv]

Article 1, 2, 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child [v]
provides legislations in favour of children recruited by Armed Forces and Military Corps. Specifically
in India, Section 83 of the Juvenile Justice Act, 2015 penalises the State or any other such
organisation that recruits children forcefully for labour work. Article 19 and Article 37a of CRC
(The United Nations Convention on the Rights of the Child) confers upon the State the
responsibility to prevent any such abuse and also the duty to protect the rights of Children.

Furthermore, in addition to the Articles enshrined in the Constitution of India for the protection
of rights of children, Article 34 and 36 of CRC and also the POCSO Act provides for the
powers of the State to make rules to protect the child against all forms of exploitation that
he may be subjected to.

In the case of Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of
India, the court issued a directive that North-Eastern States and relevant Central Government
ministries needed to ensure that schools, hospitals and childrenÃ¢â‚¬â―¢s home
complexes currently occupied by armed/security forces are vacated and that school buildings and
hostels are not allowed to be occupied by the armed or security forces in the future for
whatsoever purpose. [vi]

Child Labour
According to Article 1 of CRC, A child means every human below the age of 18 years
unless, under the law applicable to the child, a majority is attained earlier. The Article thus
grants individual countries the discretion to determine by law whether childhood ceases at 12,
14, 16, or whatever age is found appropriate.[vii]

The main object of the Child Labour ( Prohibition and Regulation) Act, 1986, is to address the
concern over the employment of children in hazardous industries when they are below the age
of 14. The Act under Section 13 gives the facilities children are entitled to while they are
employed (in case the child is above the age of 14) and also lists which industries cannot
employ them. Factories Act 1948, The Beedi and Cigar Workers( Condition of Employment)
Act, 1966, Plantation Labor Act, 1951 and Domestic Workers (Registration Social Security and
Welfare) Act, 2008 contains in them relevant provisions under the Sections enacted in the
legislation.[viii]
Changes in the form of Amendments have been made in the Child Labour Act of 1986 with
time when the inclusion of more exclusive provisions was realised. The Act delegates the power
to make rules and regulations to the Central Government and the concerned authority who
have come out with provisions regarding processes and occupation that children can engage in
and also relating to the penalties that the State or the company/authority that employs the
child may have to face if they violate the norms of the Act. The National Policy on Child Labour,
August 1987 contains the action plan for tackling the problem of child labour.

It envisages:
a legislative action plan,
focusing and convergence of general development programmes for benefiting children wherever
possible, and
project-based action plan of action for the launching of projects for the welfare of working
children in areas of high concentration of child labour.[ix]
Moreover, The Right to Education Act, 2009 ensures all children below the age of 14 get to
attend schools and thus preserves the rights of children.

The International Labour Organisation(ILO) is a United Nations(UN) organisation which

was established in 1919, and it has set a legal standard in the form of Recommendations and
Conventions in pursuance of prevention of child labour. Some of the 8 Core Conventions include
Forced Labour Convention (No. 29), Abolition of Forced Labour Convention (No.105), Equal
Remuneration Convention (No.100) among many others.

Child Marriage
Even though the age for marriage has been increased to 18 for girls and 21 for boys, there is
still child marriage prevalent in India due to reasons uncountable, among which is poverty. The
Child Marriage Restraint Act, 1929 mentions that the punishment of imprisonment up to 15
days along with a fine of one thousand rupees. It is the amendment of this Act that raised
the age of marriage on boys and girls in India, the amendment in 1940 also included other
provisions regarding the same.

Prohibition of Child Marriage Act, 2006 was enacted to amend the flaws in the Child Marriage
Restraint Act, and under this Act (not applicable to the territory of Kashmir and Muslims) the
children have the choice to declare their marriage as worthless up to two years of reaching
adulthood. [x]

According to the report Improving ChildrenÃ¢â‚¬â―¢s Lives, Transforming the

Future-25 years of child rights in South Asia by the United NationsÃ¢â‚¬â―¢
children agency, UNICEF, India has the second-highest number of child marriages with 43%
of women aged the age of 18 between 2005-2013 first married 20-24.[xi]

There is a clash between the Central Law and Personal Law. Hindu Remarriage Act, 1956
specifies punishment only if the consent of the Union is not obtained and only if one of the
parties wants to get the marriage annulled. In Muslim Personal Laws[xii] and Indian Christian
Marriage Act (ICMA), 1872 and Under Parsi Marriage and Divorce Act (PMDA), 1936, the
age and other provisions regarding child marriage are different.
In recent years there has been more significant movement at the state level in terms of the
development of state-level action plans. While some states have taken limited action, Rajasthan
launched a Strategy and Action Plan for the Prevention of Child Marriage in March 2017.[xiii]

Child Trafficking
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 (proposed by the
Ministry of Women and Child Development) sets up State and District Anti-Trafficking
Committees for institutionalised, organised and coordinated preventive strategy to ensure the
safety of vulnerable sections of the society like women and children.[xiv] Article 23 of the
Indian Constitution abolishes human trafficking and any forms of forced labour like begar.

Two other essential legislation which was enacted to prevent children trafficking and
prostitution are The Suppression of Immoral Traffic in Women and Girls Act, 1956 and The
Immoral Traffic (Prevention) Act, 1956 both prevent commercialised vice and soliciting.

Further, Sections 370 and 370A were introduced by the Criminal Law (Amendment) Act,
2013. The fundamental changes introduced by these provisions are the specific criminalisation
of recruitment, transfer, transport, harbouring a person for prostitution, forced labour, and so
on.[xv]

The UN Sustainable Development Goal 8.7 asks all nations to ‘Take immediate
and effective measures to eradicate forced labour, end modern slavery and human trafficking
and secure the prohibition and elimination of the worst forms of child labour, including recruitment
and use of child soldiers, and by 2025 end child labour in all its forms .Ã¢â‚¬â―¢[xvi]

Child Victims Of Domestic Violence

Child Victims of Domestic Violence: Domestic violence is the cause which affects the Education
of the children. Pattern of abusive and coercive behaviour of intimate partners by using,
physical, sexual and psychological attacks reduced academic progress and increased disruptive
or unfocused classroom behaviour for children, adolescents, and teenagers. Children from
dysfunctional families are less likely to function successfully at school (Valerie Garnett, 2013).[xvii]

Violation of Educational Rights

In the Global level, Right to Education (RTE) was inculcated in the Universal Declaration of
Human Rights in 1948, and This led to the enactment of Right of Children to Free and
Compulsory Education Act or the RTE Act, 2009. The Act states education as a Fundamental
Right of every child between the age of 6-14 years. To get a historical background, the
Education Commission started working in 1964 and held contentions with many global
organisations, and finally, the responsibility of education was conferred on the Center and the
State(1976).

The 86th amendment to the Indian Constitution in 2002 added Article 21A as a fundamental
right saying- the state shall make available free and necessary education to all children of the
age of 6 to 14 years in such way as the state may, by law, decide.

Apart from this, Article 45 of the Directive Principles of State Policy provides that the State
must ensure every child gets to be educated. Article 30 of Part III of the Constitution of
India is a provision specifically for the minorities to set up and manage educational institutions.
Article 29(1) and Article 350(B) has relevant provisions in regard of language safeguards
(for linguistic minorities). Article 15, 17, 46 safeguards the educational interests of the weaker
sections of Indian society, that is, socially and educationally backward classes of citizens and
listed castes and scheduled tribes. [xviii]

Some of the significant Child Rights in India are Pre-Conception and Pre-Natal Diagnostic
Techniques (PCPNDT) Act, 1994, Goa ChildrenÃ¢â‚¬â―¢s Act, 2003 and The
Indian Majority Act, 1875.

Other laws relating to Child Labour in India include Children (Pledging of Labour) Act, 1933,
The Bonded Labour System (Abolition) Act, 1976, The Factories Act, 1948, The Plantation
Labour Act, 1951, The Mines Act, 1952, The Merchant Shipping Act, 1958, The Apprentices
Act, 1961, The Motor Transport Workers Act, 1961, The Beedi and Cigar Workers (Conditions
of Employment) Act, 1966 and The W.B. Shops & Establishment Act, 1963.

Some of the legislations against Child Trafficking include Indian Penal Code 1860, Andhra
Pradesh DevadasiÃ¢â‚¬â―¢s (Prohibition of Dedication) Act, 1988 or Karnataka
Devadasi (Prohibition of Dedication) Act, 1982, Bombay Prevention of Begging Act, 1959,
Immoral Traffic (Prevention) Act, 1986, Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988, The Suppression of Immoral Traffic in Women and Girls
Act of 1956 (SITA) and, The Immoral Traffic (Prevention) Act of 1986 (ITPA), colloquially
called PITA, an amendment to SITA.

Each State has its legislation Drugs, and Substance Abuse and these laws apply to children as
well.

Laws relating to Child Marriage in India are Hindu Marriage Act, 1956, Muslim Personal Law,
Indian Christian Marriage Act (ICMA), The Child Marriage Restraint Act, 1929, Karnataka
Marriages (Registration and Miscellaneous Provisions) Act, 1976, The Prevention of Child
Marriage Bill, 2004 and Supreme Court Order 252.

Child Rights In India

The child rights in India are mentioned in the constitution, in Acts, legislations, policies and
schemes.

Constitution of India
The Founding Fathers of the Constitution have brought about specific provisions in Chapter
III and IV of the Constitution under Fundamental Rights and Directive Principles of State
Policy respectively, recognising the importance of child welfare and their development.

The Preamble of The Indian Constitution

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;[xix]
The Preamble of the Indian Constitution gives us a birdÃ¢â‚¬â―¢s eye view of
what basic rights the children are entitled to.

The Fundamental Rights

Fundamental rights are those rights which are essential for the development of the individual
and the society and apply to everyone irrespective of caste, creed, sex, birthplace, religion or
race. These are justiciable and enforceable rights.

The Fundamental Rights enshrined in the Constitution of India are as follows:

Right to equality (Articles. 14-18)
Right to freedom (Articles. 19-22)
Right against exploitation (Articles. 23-24)
Right to freedom of religion (Articles. 25-28)
Cultural and Educational Rights (Articles. 29-30), and
Right to constitutional remedies (Articles. 32-35)

Article 14- Equality before Law

The State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India.[xx]

This provision of the Indian Constitution applies to the children as well.

Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex or place of
birth

Article 15(1) specifies that the State shall not discriminate any citizen residing in the territory
of India based on caste, creed, sex, birthplace, religion or race and 15(2) says that no person
can be restricted from using any public property on any of these grounds.

Article 15(3)
Nothing in this article shall prevent the State from making any special provision for women
and children.[xxi]

The above Article is a positive step for the benefit of women and children, and this came
around the time when Article 21 was inculcated in the Constitution of India providing the
right to food, nutrition and health.

Article 17-Abolition of Untouchability

Untouchability is abolished, and its practice in any form is forbidden. The enforcement of any
disability arising out of Untouchability shall be an offence punishable under the law.[xxii]

This Article prevents the practice of Untouchability in any form within the territory of India
and the need for such a right was realised because children were subjected to brutal exploitation
in the past.

Article 19 -Protection of certain rights regarding freedom of speech etc

Article 19(1) of the Indian Constitution provides for the protection of different freedoms of
the citizens of India like the freedom of speech and expression, the freedom to form associations
and assemblies, the freedom to move, reside and settle and the freedom to choose a profession.
The other clauses of the same Article talks of how the State can impose reasonable restrictions
on this Article. Children also, subject to specific conditions are entitled to Article 19 enshrined in
the Constitution of India.

Article 21- Right to Life and Liberty

No person shall be deprived of his life or personal liberty except according to a procedure
established by law.[xxiii]

Article 21 of the Constitution of India states underlies the primary importance of early childhood
developments and the right to food, nutrition and health are part and parcel of this right.

Article 21A- Right to Education

The State shall provide free and compulsory education to all children of 6 to 14 years in such
manner as the State, may by law determine.

A series of decisions, including Mohini Jain v. the State of Karnataka, 1992, Unnikrishnan v.
State of A.P., 1993, etc. culminated in converting a non-enforceable right to education in Directive
Principles of State Policy into an enforceable Fundamental Right, leading to the incorporation of
Article 21-A.[xxiv] In the judgement by the Supreme Court of India, the right to life of an
individual is fully realised only when it is read with right ti education and hence, it was added
after Article 21 and was added to the Fundamental Rights and subsequently removed from
the Directive Principles of State Policy.

Article 23- Prohibition of traffic in human beings and forced labour

Traffic in human beings and begar and other similar forms of forced labour are prohibited, and
any contravention of this provision shall be an offence punishable per law
Nothing in this article shall prevent the State from imposing compulsory service for a public
purpose, and in imposing such service, the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.[xxv]

This right provided under the Fundamental Rights can also be read with the Right against
Exploitation under Article 17 of the Indian Constitution and is a vital provision in protecting
the rights of children.

Article 24-Prohibition of employment of children in factories, etc

No child below the age of fourteen years shall be employed to work in any factory or mine or
engaged in any other hazardous employment Provided that nothing in this sub-clause shall
authorise the detention of any person beyond the maximum period prescribed by any law made
by Parliament under sub-clause (b) of clause ( 7 ); or such person is detained in accordance with
the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause ( 7 )[xxvi]

More often than not, we get to hear the world Child labour, to prevent this from happening, a
Fundamental Right, justiciable and enforceable has been brought about

Other Articles
Children in India are also entitled to other rights like, Right Protection against arrest and
detention (Article 22), Freedom of Conscience and practice of Religion (Article 25), Freedom to
manage religious affairs (Article 26) , Freedom to promote oneÃ¢â‚¬â―¢s religion
(Article 27), Freedom of religious instruction (Article 28), Protection of Rights of Minorities
(Article 29) including the Right to conserve oneÃ¢â‚¬â―¢s language, script and
culture and facilities for instruction in mother-tongue at primary stage under Article 350, and
The Right to move the Supreme Court for enforcement of rights (Article 32) popularly known
as Right to Constitutional Remedies.

Directive Principles of State Policy

Though the Directive Principles of State Policy are supplementary to Fundamental Rights and
provide direction to governance, they are, however, nonjusticiable in themselves and require
legal sanction for realisation. There are some specific provisions under this for children and the
realisation of their rights.

Article 39A- Equal justice and free legal aid

The State shall secure that the operation of the legal system promotes justice, on the basis
of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.[xxvii]

Article 39(e) states that

that the health and strength of workers, men and women, and the tender age of children are
not abused and that citizens are not forced by economic necessity to enter avocations unsuited
to their age or strength;[xxviii]

Clause (e) of Article 39 has provisions relating to the health and well-being of the children.

Article 39(f) states that

those children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against exploitation
and against moral and material abandonment. [xxix]

This provision in the Constitution of India talks specifically about the opportunities and facilities
to be vetted out to them in a manner that protects their freedom and dignity.

Other provisions under the Directive Principles of State Policy include Article 47 and Article 51
that enshrines the raising of nutrition level to meet the standards of people and the need to
respect the International treaties entered upon by India.

Fundamental Duties
Article 51A
Clause (k) of Article 51A states that

It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities
for education to his child or, as the case may be, ward between the age of six and fourteen
years.[xxx]

India adopted a National Policy for Children in 1974, declaring children to be the
nationÃ¢â‚¬â―¢s most precious asset. In the 1990 World Summit for Children,
the Government of India adopted a National Plan of Action for Children in 1992 keeping in
mind some goals and subsequently in the same year ratified Conventions on the Rights of the
Child (CRC).
The 86th Amendment to the Constitution, on the Fundamental Right to Education for the 6
to 14 years age group, has also led to the inclusion of an additional clause under article 51A that
imposes a fundamental duty upon parents or guardians to provide opportunities for education
of their children/wards between the ages of 6 and 14 years.[xxxi]

Constitutional Provisions must be backed by law, policy and programmes and schemes

The following are some Articles and the legislations which came about as the need to enforce
them arose.

Article 21
Right to Education Bill, 2008
Right Against Exploitation (Articles 23, 24 and 39e)

The Immoral Traffic (Prevention) Act, 1956

Bonded Labour System Abolition Act (1976)
Child Labour (Prohibition and Regulation Act), 1986
Children (Pledging of Labour) Act, 1933

Right to equality and equal opportunity; and Right against discrimination (Article 15,39f;)-

The Persons with Disabilities Act, 1995

Laws for Scheduled Caste(SC) and Scheduled Tribe (ST)
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994
Protection against arrest and detention (Article 22)

Juvenile Justice(JJ) Act, 2015[xxxii]

Legislations In India
The Right Of Children To Free And Compulsory Education Act, 2009
The Right to Education is an Act which was enacted on 4 August 2009 in pursuance of Article
21A of the Indian Constitution, and this Act made education compulsory for the children in the
age group of 6-14, also making it a fundamental right.

The Act came up with some unexpected provisions like the specification of norms in elementary
schools and also prevented the child from being expelled or held back from writing board
examinations. The observation made by Sam Carlson on the enactment of The Right to Education
Act of 2009 is India was, The RTE Act is the first legislation in the world that puts
the responsibility of ensuring enrolment, attendance and completion on the Government. [xxxiii]

It is Act No.35 of 2019, and the extended title of the Act reads:
An Act to provide for free and compulsory education to all children of the age of six to fourteen
years. S.3 (1) reads the same and S.3(2) states that the child shall not pay any fee that
may prevent him from completing his elementary education. S.16 of the Act has provisions for
holding back the child from going to school and sub-section 4 under S.16 states that, No child
shall be expelled from a school till the completion of elementary education.
The Act under Section 3 further refers to the Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995, which has provisions for the education of children with disabilities.
Under Section 4 of the Act, there are specifications regarding the elementary education of the
child and says that anyone who is above the age of 6 is also entitled to the right to elementary
education. Further provisions under Section 4 talk about the specialised training the child is
entitled to, as the situation may ask for.

This can be seen as an essential improvement in the legislation for the better enforcement of
the rights of children. Section 5 of Chapter II covers the necessary provisions under the
transfer of schools and goes on to state that the delay in producing a transfer certificate shall
not be the reason for the denial of admission.

In addition to Directive Principles of State Policy, under Section 6 of the Act, duties are delegated
by the Parliament to the Central and State governments to establish schools in whichever
areas found necessary within three years of the commencement of the Act. S.7 with the
headnote Sharing of financial and other responsibilities, states the financial responsibilities
conferred upon the Central Government by the Act and how the Central Government may
allocate its budget or establish any authority as may be deemed necessary.

The duty of the appropriate Government to establish schools and maintain the infrastructure
and other facilities like faculty, training facilities, attendance, reservation, and so on are
elaborately discussed under Section 8 of the Act. The other provisions under Chapter III deal
with the responsibilities of the local authority, as the situation may be and Section 10 also
confers upon parents or guardians the duty to admit their children in school. In addition to the
duties and responsibilities of the Government, this section of the Act has significance.

Chapter IV recognises the standards that the school must live by, some rules that it must
abide by, under the Act.

Some of them are:

The school must provide free and compulsory education (Section 12), the school must not collect
a capitation fee or screening procedure for admission (Section 13), the collection of the proof of
the age of the candidate Section 14, the collection of certificate of recognition (Section 17) and
so on. Every school shall have a School Management Committee (Section 20) and must follow
every norm, as stated in Section 19 of the legislation(the Act sets up a committee).

All these sections of the Act have come in the light of protection of the rights of education of
children. Section 16 of the Act, formerly present in the Act prevents any physical punishment
and mental harassment to the child. For the welfare of child enrolled in a school, the school
mandatory should have a Development Plan (Section 22) and various provisions in the same
chapter deal with the teachers, where duties and powers are conferred upon them for the
welfare of the child by every other means. Chapter V sets up a particular system of evaluation
of papers.

Chapter VI, which is the most crucial section of this Act, deals with the protection of the
rights of children. Section 31 talks about how The National Commission for Protection of Child
Rights constituted under section 3, or, as the case may be, the State Commission for Protection
of Child Rights constituted under section 17 must ensure that the childÃ¢â‚¬â―¢s
rights are monitored.[xxxiv]
The Act sets up a National Advisory Council, which shall aid the Central Government in
implementing the provisions of the Act and suggest for changes from time-to-time for the
development of child education (Section 33). Section 34 of the delegates the same powers to
the State Advisory Council. The power to issue directions within the Act is with the Central
Government, which may, with time, delegate the power to some authority. Thus, the passing
of the Right to Education Bill, 2002 was a successful step in pursuance of protection of the
educational rights of the child.

The Prohibition Of Child Marriage Act, 2006

Due to the social effects of child marriage on young children, especially girls, child marriage was
formally abolished in 1929, with the enactment of the Child Marriage Restraint Act (CMRA).
However, as a result of the CMRA’s ineffectiveness, new legislation was enacted 77 years
later, in the form of the Prohibition of Child Marriage Act, 2006 (PCMA, 2006).[xxxv] The
High Court held that provisions of the Prohibition of Child Marriage Act, 2006 are secular,
that they apply to all communities including Muslim, and that these provisions override the
Muslim personal laws.[xxxvi]

Section 375 of the IPC provides for three circumstances relating to rape:

Firstly sexual intercourse with a girl below 18 years of age is rape (statutory rape).
Secondly and by way of an exception, if a woman is between 15 and 18 years of age, then sexual
intercourse with her is not rape if the person having sexual intercourse with her is her
husband. Her willingness or consent is irrelevant under this circumstance.
Thirdly sexual intercourse with a woman above 18 years of age is rape if it is under any of the
seven descriptions given in Section 375 of the IPC (non-consensual sexual intercourse).
Under Article 34 of the CRC, the Government of India is bound to undertake all appropriate
national, bilateral and multilateral measures to prevent the coercion of a child from engaging in
any unlawful sexual activity. [xxxvii]

It is an Act(No.6 of 2007) to provide for the prohibition of solemnisation of child marriages

and matters connected therewith or incidental thereto(Long Title). It extends to the whole of
India except the State of Jammu and Kashmir, and it also applies to all citizens of India
without and beyond India(Section 1(2)).[xxxviii]

Section 3 of the Act deals with the declaration of child marriage as null and says that the
marriage shall be voidable at the option of the contracting party who was a child at the time
of the marriage, provided that a petition for annulling a child marriage by a decree of nullity
may be filed in the district court only by a contracting party to the marriage who was a child at
the time of the marriage. Further, if at the time of filing a petition, the petitioner is a minor,
the petition may be filed through his or her guardian or next friend along with the Child
Marriage Prohibition Officer( Section 3(2)).[xxxix] This is one of the most critical provisions
of the Act and has its importance in many case-laws.

Section 4 has dealt with Provision for maintenance and residence to a female contracting party
to child marriage and states that the male contracting party will have to maintain the female
minor and in cases where he is a minor himself, the female minor must be maintained by the
parents or guardians of the male contracting party. Section 5 and Section 6 of the Act are
significant in the light of child rights because it deals with the children of child marriages,
their custody and legitimacy, respectively.
The punishment (imprisonment and/or fine as the situation may demand) to the male party to
the child marriage who was a major during the solemnisation of the marriage is mentioned in
Section 9 of the legislation. Section 15 makes the offence of child marriage cognizable and non-
bailable and Section 16 sets up a Child Marriage Prohibition Officers.

More often than not, children are kidnapped and forced into child marriage and sometimes even
sold for the same, and the marriages arising out of such situations shall necessarily be null
under Section 12(An appropriate step to prevent forced child marriages in children violating
their rights).

The Child And Adolescent Labour (Prohibition And Regulation) Act, 1986
The Central Government of India brought about this Act called Child and Adolescent Labour
(Prohibition and Regulation) Act, 1986 ("CL Act―) to put an end to the evil practice of child
labour in India. According to the amendment made by the Parliament in the year 2016 in this
regard, the name of the Act has been changed to ‘Child and Adolescent Labour (Prohibition
and Regulation) Act, 1986' and this Act has the provisions for the employment of children in
any hazardous industries.

It is an Act to prohibit the engagement of children in all occupations and to prohibit the
engagement of adolescents in hazardous occupations and processes and the matters connected
therewith or incidental thereto (Long Title). [xl]

This Act extends to the territory of India and Section 2 of the Act with Headnote Definitions
has the meanings of the legal jargons used in the legislation. Part II of the Act is the
essential Part of the Act and states that children in the age-group of 6-14 shall not be
allowed to work in hazardous industries and can work in such establishments which are not
harmful and does not hamper the education of the child. Section 5 sets up a Technical Advisory
Committee which is constituted by the Central Government to help it with the enforcement of
various statutes of this provision and also to advise the Central Government on the same.

Part III regulates the conditions of work of Adolescents and states that no child shall be
required to work beyond the duration, period and curfew of work. They are also entitled to
weekly holidays(Section 8) and can also approach the Magistrate or the police directly if any of
the provisions of this Act are violated.

The health and safety of the adolescent working in an appropriate industry have been laid
down in Section 14 of the Act which must be abided by for the proper working conditions of
children. The Act also lays down the penalties and characterises the offence as cognizable(S.14B).
S.14C constitutes a Child and Adolescent Labour Rehabilitation Fund to which the amount the
employer owes to the child must be credited. Further, to protect the mental health of the
child, the child is entitled to rehabilitation under S.14D. This shows how significant Labour
Laws in India are.

The Juvenile Justice (Care And Protection Of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015(from now on the JJ Act) o
juveniles in conflict with law and children in requirement of care and protection. The law saw its
course and proved to be quite useful with several convicts been held for the commission of
offences under the Act of 2000, which earlier went unnoticed due to absence of a specific law in
this regard.[xli]
It is Act No.2 of 2016 and was enacted in pursuance of Convention on the Rights of the Child,
the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985
(the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty (1990), the Hague Convention on Protection of Children and Co-operation in Respect of
Inter-country Adoption (1993), and other related international instruments.[xlii]

Chapter II of the Act deals with The General Principles of Care and Protection of Children like
Presumption of innocence, dignity and worth, best interest, safety and measures. Section 4 of
this Act constitutes a Juvenile Justice Board, and the Central Government confers upon it the
right to take necessary steps in pursuance of this legislation. Section 8 broadly lays down the
functions of the Board, and it has provisions to adjudication of justice.

Section 10 states that the child in the Juvenile Police Unit must be produced before the
magistrate within 24 hours. Each of these provisions shows how necessary it is to protect
the legitimate rights of the people. Section 12 has the provisions for the child to be released
on bail and the circumstances under which it can happen. Most of the sections of this Act deal
with the redressal of the grievances, duties of the magistrate and penalties and all of these
are more or less related to the rights of children in India.

Section 19 of the Act empowers the Central Government to constitute a

ChildrenÃ¢â‚¬â―¢s Court which will broadly deal with cases under this Act. Section
27, perhaps the significant Section 27 of the Act sets up a Child Welfare Committee for
discharging the duties on behalf of the Central Government and also for the sensitisation of it
and the provisions relating to the power and functions of the Committee has been put forth in
the same chapter in the further provisions.

The final sections of the Act deal with the care and protection of children in conflict with the
law and the registration of childcare institutions. Following the Act, there shall be a constitution
of Observation Homes(S.47), Special Homes(S.48), Place of Safety(S.49),
ChildrenÃ¢â‚¬â―¢s Home(S.50) and Fit Facility(S.51). The concept of Adoption,
which has debates going around it even in the modern days, has relations with Child Rights,
and it has been covered under S.56 of the Act.

It has provisions for adoption within India and outside India and the Act also talks about the
setting up of various Agencies to keep a check upon it. This shows the extent to which Child
Rights has been brought to the mainstream. Chapter IX talks in length about the punishments
to those who violate other rights of children specified under this Chapter which include
kidnapping, abduction, sale of children, using a child for peddling, and so on. The State Governments
shall constitute a Juvenile Justice Fund(S.105) and District Child Protection Unit(S.106) all in
the interest of protecting the rights of the children.

The Protection Of Children From Sexual Offences Act, 2012

This Act was enacted to discourage the wide-ranging child sexual abuse and to protect the
legitimate rights of the vulnerable sections of the society. India has signed the UN Convention
ratified this Act and hence had to implement it for the physical, emotional, intellectual and
social development of the child.

The punishments in violations of this Act varies according to its criminal degree. It is an Act
to protect children from offences of sexual assault, sexual harassment and pornography and
provide for the establishment of Special Courts for the trial of such offences and matters
connected therewith or incidental thereto.[xliii]
Chapter II deals with the various sexual abuses that are common in
todayÃ¢â‚¬â―¢s world; the sub-sections also include its definitions and the
punishment in its regard. Chapter II also deals with sexual assault, aggravated sexual assault,
sexual harassment and the punishment thereon. Chapter III has all offences commitment
against children concerning pornography.

Further provisions of the Act deal with the procedure of redressal for vetting out justice to
the aggrieved party. All these show that it is necessary to properly implement these Acts to
bring about all-round development in child rights in India. Chapter VI has an essential piece of
information in recording the statements of the child and makes sure he has every right to
speech and expression. Chapter VII of the Act constitutes a Special Court for proper
implementation of the provisions of the Act and for the speedy trial of cases that come under
the Act.

Section 39 of the Act makes sure the mental health of the child is not affected by a bad
experience and offers assistance for rehabilitation. The child has the right to take assistance
of legal practitioner.â€―subject to the proviso to Section 301 of the Code of
Criminal Procedure, 1973 (2 of 1974){and Section 40 of this Act} and the family or the
guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any
offence under this Act.[xliv]

The modification in the law will address the need for stringent measures against the rising
trend of child sex abuse in the country and combat the menace of relatively new kind of crimes,
the government said, stressing that the strong penal provisions will act as a deterrent. [xlv]

The Commissions For Protection Of Child Rights Act, 2005

It is An Act to provide for the constitution of a National Commission and State Commissions
for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against
children or of violation of child rights and for matters connected in addition to that or incidental
thereto.

This Act enacted in pursuance of Declaration on Survival, Protection and Development of Children
adopted at United Nations (UN) General Assembly Summit in 1990, Convention on the Rights
of the Child (CRC), National Charter for Children, 2003 and UN General Assembly Special
Session on Children held in May, 2002 adopted an Outcome Document titled A World Fit for
Children.[xlvi]

Section 3, Chapter II of the Act talks about the establishment of a National Commission for
Protection of Child Rights its duties, powers and responsibilities. The rest of the sections of
the chapter talks of the constitutions and the protection of child rights children are entitled
to. Chapter IV sets up a State Commission for Protection of Child Rights. Chapter V talks
about the setting up of ChildrenÃ¢â‚¬â―¢s Courts, wherever necessary for the
proper implementation of the provisions of this Act.

This Act was enacted in the establishment of commissions but is as essential as the other
Acts that provide for the protection for specific rights of the children.

The Children Act, 1960

In the light of the protection of the rights of children in the Union Territories, this Act was
enacted. The Long Title of the Act reads, An Act to provide for the care, protection, maintenance,
welfare, training, education and rehabilitation of neglected or delinquent children and for the
trial of delinquent children in the Union territories.[xlvii] Child Welfare Boards and Children
Courts are established under Section 4 and 5 of this Act, respectively(Chapter II). Chapter
IV of the Act talks in detail about Delinquent Children, their bail and assumptions relating to
it. It is a vital Act enacted in respect of Juvenile Delinquency.

Judicial Response
M.C. Mehta Vs. State of Tamil Nadu and Others-
The Court found that children under the age of 14 could not be engaged in hazardous employment,
and ordered the government to establish and maintain a child labour rehabilitation welfare
fund.[xlviii]

Mohini Jain vs. State of Karnataka

In this case, the Supreme Court was called upon to deal with the question of right to education
under Article 41 and once again the Court emphasized the importance of Directive Principles by
holding that the right to education is concomitant to the Fundamental Rights and made the
following observation:
The directive principles which are fundamental in the governance of the country cannot be
isolated from the Fundamental Rights guaranteed under Part III. These principles have to
be sent into the Fundamental Rights. Both are supplementary to each other. The State is
under a constitutional mandate to each other.

The State is under a constitutional mandate to create conditions in which all could enjoy the
Fundamental Rights guaranteed to the individuals under Part III. Without making Right to
education under Article 41 of the Constitution a reality, the Fundamental Rights under Chapter
III shall remain beyond the reach of the vast majority which is illiterate.

The Fundamental Rights guaranteed under Part III of the Constitution of India including
the right to freedom of speech and expression and other rights under Article 19 cannot be
appreciated and thoroughly enjoyed unless a citizen is education and is conscious of his
individualistic dignity.[xlix]

Vishal Jeet vs. Union of India

Hon’ble Supreme Court issued directions to the State Government for setting up rehabilitate
homes for children found begging in streets, and also the minor girls pushed into ‘flesh
trade’ to protective homes.―[l]

Other Committees And Organisations

National Human Rights Commission (NHRC)

The National Human Rights Commission started making legislations for the protection of the
rights of children from October 1993 with the advent of Child Labour (Prohibition and
Regulation) Act, 1986. Constitution also has provisions for protecting children from hazardous
industries in Article 45. The Chairperson, Members and Special Rapporteurs of the Commission
have toured rigorously to monitor States where child labour is prevalent.[li]

Right to Education, RTE became a fundamental right after the 86th amendment to the
constitution of India due to the efforts of NHRC. In the year 2004, the Commission asked
the Central Government to enact and enforce legislation to prevent children living with HIV/
AIDS from being discriminated against, including being barred from school (Right to Health).

In terms of the Provisions of Section 5 of the Child Labour (Prohibition & Regulation) Act,
1986, further occupations and processes may be added to the Schedule of the Act as per the
recommendations of the Child Labour Technical Advisory Committee (CLTAC). Besides, a Central
Advisory Board on Child Labour has also been constituted to review the implementation of the
existing legislations and suggest measures for the welfare of working children.[lii]

In addition to this, various legislations enacted by the Parliament of India has sections by
which an exclusive committee authority and a court could be established in the exercise of that
particular provision of the Act.

The Ministry Of Women And Child Development

The Ministry of Women and Child Development, a branch of the Government of India, is an
apex body for the administration of the rules and regulations and laws relating to women and
child development in India. [liii] The Ministry has been implementing various schemes for the
upliftment of children in society, and some of them have proved to be immensely successful.
They are listed below:

Institutions

National Institute of Public Cooperation and Child Development (NIPCCD)

National Commission for Women (NCW)
National Commission for Protection of Child Rights (NCPCR)
Central Adoption Resource Agency (CARA)
Central Social Welfare Board (CSWB)
Rashtriya Mahila Kosh (RMK)

National Institute of Public Cooperation and Child Development (NIPCCD)

National Institute of Public Cooperation and Child Development, popularly known as NIPCCD, is
an apex organisation for the promotion of the development of women and children. Established
in New Delhi in the year 1966 under Societies Registration Act of 1860, it functions under the
aegis of the Ministry of Women and Child Development.[liv]

National Commission for Women (NCW)

The National Commission for Women (NCW) is a statutory body of the Government of India,
generally concerned with advising the government on all policy matters affecting women. It
was established on 31 January 1992 under the provisions of the Indian Constitution, as
defined in the 1990 National Commission for Women Act.[lv]

Child Rights Commissions

National Commission for the Protection of Child Rights (NCPCR)

The Protection of Child Rights Act, 2005 delegated the power to set up a National Commission
for Child Rights to the Central Executive (Section 3), which notified the setting up of NCPCR
on 20th Jan 2006. [lvi]It was established by the Government under this Act to implement
all the provisions properly and to suggest changes to the present legal framework.
According to the Act, the Commission also has the responsibility to protect the child from
discrimination based on class, creed, race, gender, place of birth or religion. It shall also give
special attention to matters regarding child rights protection and care, review then and come
up with an alternative development plan.

State Commission for the Protection of Children Rights (SCPCR)

The Protection of Child Rights Act 2005 delegates the power to set up a State Commission
for Child Rights to the State Executive (Section 17), which implements the provisions of this
Act, reviews it and suggests a different method for its working after implementation. In
Kerala, we have the Kerala State Commission for the Protection of Child Rights, which
concentrates mainly on ending the child rights problems in Kerala.

Central Adoption Research Authority (CARA)

It is a nodal body of the Ministry of Women and Child development, and it monitors and regulates
in-country and inter-country adoptions. It was constituted because India was a party to the
multilateral Hague Convention and the authority also conducts orientation programs and training.

Central Social Welfare Board (CSWB) and Rashtriya Mahila Kosh (RMK) are similarly two
bodies set up by the same Ministry to ensure the protection of the social welfare of women and
children.

Programs And Schemes

The below mentioned are some schemes and programs brought about to protect different child
rights as the situation may seem.

Integrated Child Development Service(ICDS) Scheme

The Integrated Child Development Service (ICDS) Scheme was implemented to provide for
nutrition, immunisation, vaccination and other health-related provisions. It is one of the
WorldÃ¢â‚¬â―¢s most prominent programmes and has been renamed as Anganwadi
Services. Their objectives are to protect the mental, physical, psychological health of the child.

Integrated Child Protection Scheme (ICPS)

Is a governmental program implemented by the Government Of India to help secure the
safety of children, with a particular emphasis on children in need of care and protection, juveniles
in conflict or contact with the law and other vulnerable children. Its primary purpose is to
create a central structure to provide oversight and standardisation for pre-existing and evolving
child protection schemes in India. Proposed in 2006 and implemented in 2009, the ICPS is
administered at the state level by state child protection committees and societies and at the
district level by district child protection societies, among other institutions.[lvii]

National Child Labour Project (NCLP) Scheme

The Central Government has initiated the National Child Labour Project (NCLP) Scheme to
prevent child labour in the country, and the scheme focuses on protecting children working in
hazardous industries.[lviii]

Beti Bachao Beti Padhao

The Department of School Education and Literacy has supported The Ministry of Women and
Child Development to roll out this program to enhance the sex ratio and the status of girl
children in schools.
Swachh Vidyalaya
This campaign has been rolled pout in schools by The Ministry of Women and Child Welfare to
endure that there is a toilet in each school.

Udaan
Another education scheme brought about by CBSE(Central Board of Secondary Education) to
help people from below poverty line to attend school. PRAGATHI is an initiative by the same
Ministry to enhance technical education in children.

All the schemes mentioned above have been enacted regarding the education of children.

Saksham is a project initiated to help the differently-abled children to education.

Various other schemes like Atal Mission, Udisha and much ICT(Information and Communication
Technologies) enhanced schemes have been rolled out in India.

National Plan of Action for Children includes goals, objectives, strategies and activities for
improving the nutritional status of children, reducing Infant Mortality Rate, increasing enrolment
ratio, reducing drop out rates, universalisation of primary education and increasing coverage for
immunisation.

Other Schemes Include:

Balika Samriddhi Yojana (BSY)

Kishori Shakti Yojana (KSY)
Early Childhood Education for 3-6 Age Group Children Under the Programme of Universalization
of Elementary Education
Scheme for the welfare of Working Children in Need of Care and Protection
An Integrated Programme for Street Children
Childline Services
Central Adoption Resource Agency (CARA)
Rajiv Gandhi National Crèche Scheme for the Children of Working Mothers
Programme for Juvenile Justice
General Grant-in-Aid Scheme
Pilot Project to Combat the Trafficking of Women and Children for Commercial Sexual Exploitation
in Destination Areas
National Crèche Fund[lix]
All these are not included in the direct legal framework of Child Rights in India, but they are
established as a result of some legislations or by some Government Ministry in pursuance of its
duties

Policies
National Policy for Children, 1974

Underlying the National Charter for Children 2004, is one of the sources for the peace and
prosperity of a child and some other policies for the overall development of child include National
Policy for Children, 2013 and National Policy on Child Labour in 1987 are two other policies.

International Conventions
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC
or UNCRC) is a human rights treaty which sets out the civil, political, economic, social, health
and cultural rights of children. The Convention defines a child as any human being under the
age of eighteen unless the age of majority is attained earlier under national legislation. [lx]

Conclusion
In India, children cannot be separated from their families, parents and children exist together
as an institution, and so the development in child rights and a better childhood for every child
can be reached only with sufficient awareness in the family and with the introduction of new
schemes and programs.

Apart from the government, authorities and other organisations, the way the society is shaped
must also depend on childrenÃ¢â‚¬â―¢s points of view. If the policies come about
based on the rational values, norms and customs that they believe in, it is as if their voices
were heard for their development. If the present legislation turns out to be insufficient based
on the statistical data that comes out, India can perhaps borrow some policies from foreign
countries which have records of success.

I wish that India would become a country to impose its punishments and decisions strictly and
also more open-minded in ratifying International Conventions and Treaties. Concerning the
privacy of children, India should become more stringent in monitoring, enforcing and adjudicating
the legislations. It is undeniable that children in India face innumerable problems and child
rights violation are have increased manifold since time immemorial, the reason being the
unawareness for what rights are available to them and what is not. Apart from the proper
enforcement of the Act, that includes the establishment of proper authorities or courts for
the same, or any other necessary institution, a right call to provide incentives for the economically
backward sections is the need of the hour.

Small scale movements by NGOs like Child Rights and You(CRY), Smile Foundation and Make a
Difference(MAD) and proper budget allocation are some other significant steps towards the
improvement of child rights in India.

Since each legislation takes time to come into operation, and since some of them require a more
comprehensive and detailed laying down of rules, the powers can be delegated to authorities
already existing, or which can be newly established. This ensures that there is timely
implementation and notification of rules and regulations, and it is a much faster way of going
about it without hastiness. Collaborating with other organisations to ensure proper record
keeping and tracking ensures that resources are allocated proportionately.

The Media should cover the critical issues of nutrition and recreation and other problems
relating to child rights to reach to a broader audience. Coordinating with civil societies and
realisation of Corporate Social Responsibility(CSR) is essential to fulfilling the Sustainable
Development Goals(SDG). Even though there are legislations in pursuance of protection of the
rights of children, something in addition to that(suggestions as mentioned above) need to be
brought about for their realisation.
UN GENERAL LAWS RELATED TO CHILDREN

Millions of children die every year from malnutrition and disease. Countless others become victims
of war, natural disasters, HIV/AIDS, and extreme forms of violence, exploitation, and abuse.
Millions of children, especially girls, do not have access to quality education. The United Nations
Children’s Fund (UNICEF), as well as UN Human Rights (OHCHR) and other UN agencies,
strive to sustain global commitment to the Convention on the Rights of the Child, which
embodies universal ethical principles and international legal standards of behavior towards
children. UNICEF supports programs providing education, counseling, and care to children working
in very hazardous or abusive conditions and vigorously advocates against the violation of their
rights.

Declaration of the Rights of the Child

In 1959, the UN General Assembly adopted the Declaration of the Rights of the Child, which
defines children’s rights to protection, education, health care, shelter, and good nutrition.

The Declaration served as a foundational document in the development of international law

related to children’s rights. It has influenced national legislation and policies around the world,
guiding efforts to protect and promote the rights of children in diverse contexts. It is considered
a precursor to the Convention on the Rights of the Child.

Convention on the Rights of the Child

In 1989, world leaders made a historic commitment to the world’s children by adopting the
United Nations Convention on the Rights of the Child. The Convention explains who children
are, all their rights, and the responsibilities of governments. All the rights are connected, they
are all equally important and they cannot be taken away from children.

The Convention is the most rapidly and widely ratified international human rights treaty in
history. The Convention changed the way children are viewed and treated â€" i.e., as human
beings with a distinct set of rights instead of as passive objects of care and charity. The
unprecedented acceptance of the Convention clearly shows a wide global commitment to advancing
children’s rights.

Much has been accomplished since the adoption of the Convention, from declining infant mortality
to rising school enrolment, but much remains to be done.

The General Assembly in 2000 adopted two Optional Protocols to the Convention: one prohibits
the recruitment of children under 18 into armed forces or their participation in hostilities; the
other strengthens prohibitions and penalties concerning the sale of children, child prostitution,
and child pornography. A third Optional Protocol, adopted by the Assembly in 2011, entered into
force in 2014. It provides a communications procedure that allows individual children to submit
complaints regarding violations of their rights under the Convention and the first two Protocols.

The Committee on the Rights of the Child

The Committee on the Rights of the Child, established under the Convention, is a body of 18
independent experts that meets regularly to monitor the progress made by states parties in
fulfilling their obligations under the Convention and its first two Optional Protocols. It makes
recommendations to governments on ways to meet those obligations. The Committee also
issues its interpretation of the Convention’s provisions in the form of general comments.
Children and armed conflict
More than twenty years ago, the world united to condemn and mobilize against the use of
children in armed conflict. Since then, thousands of children have been released as a result of
Action Plans mandated by the UN Security Council and other actions aimed at ending and
preventing recruitment and use of children by armed forces and groups. However, serious challenges
for the protection of children affected by armed conflict remain.

In 2022, more than two thirds of the world’s children were living in a conflict-ridden country.
More than one in six were living less than 50 km away from where the actual fighting took
place, a 2.8% increase from the year before. Millions of children, many of whom are unaccompanied
or separated from their families are being displaced by armed conflict. These children are at a
high risk of grave violations in and around camps, and other areas of refuge. Action is urgently
required to alleviate the plight of children displaced by armed conflict and the Secretary-General
encourages Member States to respect the rights of displaced and refugee children and to
provide them with necessary support services.

The recruitment and use of children by armed forces and armed groups remains one of the most
prevalent grave violations against children during armed conflict. In 2022, 7,622 children
were found to have been recruited and used by parties to conflict. In 2023, children continued
to be recruited and used, whether as spies or cooks, in combat roles, or as human shields.
Whatever their roles, children used by parties to conflict are exposed to unspeakable cruelty,
with serious implications for their physical and psychological well-being.

Since the establishment of the Children and Armed Conflict mandate 28 years ago, more than
200,000 children have been released from armed groups and armed forces, including through
the work of the United Nations.

Violence against children

The right of children to protection from violence is enshrined in the Convention on the Rights
of the Child and yet still one billion children experience some form of emotional, physical or sexual
violence every year; and one child dies from violence every seven minutes.

Violence against children knows no boundaries of culture, class or education. It takes place
against children in institutions, in schools, and at home. Peer violence is also a concern, as is the
growth in cyberbullying. Children exposed to violence live in isolation, loneliness and fear, not
knowing where to turn for help, especially when the perpetrator is someone close. Children’s
gender, disability, poverty, nationality or religious origin may all increase the risk of violence
with the youngest being especially vulnerable as they are less able to speak up and seek
support.

In 2006, the UN Study provided a set of recommendations on how to end violence against
children; and the Secretary-General appointed a Special Representative to ensure their effective
follow-up and to monitor implementation.

There has been some real progress: many states now have legislation to prohibit physical,
mental and sexual violence and support victims; campaigns are raising awareness of the negative
impact of violence; and bullying, sexual violence and harmful practices against children are being
tackled. We also have more data on the scale and nature of violence against children.
These are significant developments but much more needs to be done. The inclusion of a specific
target (16.2) in the 2030 Agenda has shown the world’s commitment to end to all forms of
violence against children. We must work urgently to ensure that noble vision becomes a reality
for every child.

Children and the Sustainable Development Goals

For 15 years, the Millennium Development Goals (MDGs) were a guiding force on many issues
affecting the lives of children, young people and their families. Over this time, tremendous
progress was made in reducing preventable child deaths, getting more children into schools,
reducing extreme poverty and ensuring more people have access to safe water and nutritious
food.

However, progress has been uneven and many of the most pressing issues for the world —
including addressing inequalities, promoting inclusive economic growth, protecting children from
violence and combating climate change — were not adequately covered in the MDGs.

With the adoption of the new Sustainable Development Goals (SDGs) in September of 2015,
world leaders have committed to ending poverty by 2030. But unless accelerated efforts are
made:

Almost 52 million children may die before reaching their fifth birthday between 2019 and
2030.
Children in sub-Saharan Africa will be 16 times more likely to die before their fifth birthday
than children in high-income countries.
Nine out of 10 children living in extreme poverty will live in sub-Saharan Africa.
More than 60 million primary school-aged children will be out of school â€" roughly the same
number as are out of school today. More than half will be from sub-Saharan Africa.
More than 150 million additional girls will marry before their 18th birthday by 2030.
These vast inequities and dangers do more than violate the rights and imperil the futures of
individual children. They perpetuate intergenerational cycles of disadvantage and inequality
that undermine the stability of societies and even the security of nations everywhere.

United Nations Conferences on Children

The year 1990 was historic in the life of the United Nations and its commitment to the well-
being of children, as the first UN conference on children, the World Summit for Children, took
place in New York. The Summit, convened by UNICEF, brought together an unprecedented
number of heads of state to rally around the cause of children and adopt the Declaration on the
Survival, Protection and Development of Children.

Five years later, at the Fourth World Conference on Women, held in Beijing, China, world leaders
renewed their commitment to the rights of women and girls.

In 2002, a special session of the United Nations General Assembly â€" the first dedicated
exclusively to children â€" reviewed progress on the goals set by the 1990 World Summit for
Children.

Children and the UN system

From the focus on education of the United Nations Educational, Scientific and Cultural
Organization (UNESCO), to the efforts of the International Labour Organisation (ILO) to
abolish child labor, to the Children and Youth Programme of the UN Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA), to the school feeding and health initiatives
supported by the World Food Programme (WFP), to disease-eradication campaigns by the World
Health Organization (WHO), the UN system is there for children.

Resources
World Children’s Day
International Day of Innocent Children Victims of Aggression
World Day for the Prevention of and Healing from Child Sexual Exploitation, Abuse
and Violence
World Day Against Child Labour
International Day of the Girl Child
Major UN Conferences on Children
The State of the World’s Children
Annual Reports of the Secretary-General’s Special Representative on Violence against Children

United Nations Convention on the Rights of the Child (UNCRC)

United Nations conventions are important for the UPSC exam. It is important to know the
significance of these conventions, whether India has ratified it or not, etc. In this article, you
can read all about the very important United Nations Convention on the Rights of the Child,
also known simply as the CRC

The UNCRC is a human rights treaty that sets the political, civil, economic, social, health and
cultural rights of children.

It is an international agreement that is legally binding on the members.

It consists of 54 articles that spell out various children’s rights and also the measures
governments should take in order to make these rights available to children.
The CRC was adopted by the United Nations in 1989. It entered into force in 1990 after
receiving the minimum of 20 ratifications.
It has been ratified by all members of the UN except for the United States. It is the most
widely ratified human rights treaty in the history of the world.
Under the articles of the convention, all parties to it are required to ensure that children’s
basic needs are fulfilled and they are able to reach their full potential.
Rights of the Child

The convention identifies a child as a human being below the age of 18. The CRC acknowledges
that every child is entitled to fundamental rights, and some of the most important rights are
as follows:

Right to life, survival and development.

Right to education that facilitates them to reach their full potential.
Right to protection from abuse, violence or neglect.
Right to express opinions and be heard.
Right to be raised by or have a relationship with their parents.
What are the 4 core principles of the Convention on the Rights of the Child?
Non-discrimination
Right to life, survival and development
Best interests of the child
Respect for the child’s views
Brief Timeline of Child Rights Movement
The first time in modern history children’s rights was given importance was when the League
of Nations adopted the Geneva Declaration on the Rights of the Child in 1924. This was
drafted by the Eglantyne Jebb, who founded the Save the Children Fund.

UNICEF was founded in 1946.

The Universal Declaration of Human Rights passed in 1948 by the UNGA in which an article
mentions mothers and children.
The Declaration of the Rights of the Child adopted by the UNGA in 1959.
The ILO adopts a convention that sets out 18 as the minimum age for people to undertake
hazardous work.
The Declaration on the Protection of Women and Children in Emergency and Armed Conflict
adopted in 1974.
The UNGA declares 1979 as the International Year of the Child.
In 1989, the UNCRC is adopted.
CRC enters into force in 1990.
As of 2015, all members have ratified the convention excepting for the US.
Also read about Reports Published by International Organizations.

UNCRC Optional Protocols

Three optional protocols have been added to the convention. They are mentioned below:

Protocol asking governments not to enlist children below the age of 18 into the armed forces
(2000).
Protocol asking governments to prohibit child pornography, child prostitution, and the sale of
children into slavery (2000).
Protocol that enables children who faced violation of their rights to complain directly to the UN
Committee on the Rights of the Child (2011).
It is this Committee that monitors the implementation of the convention. Additionally, UNICEF
plays an important role in the working of the UNCRC.

India and CRC

India ratified the convention in 1992 agreeing in principle, all articles except with certain
reservations on issues relating to child labour. In India, there is a law that children under the
age of 18 should not work, but there is no outright ban on child labour, and the practice is
generally permitted in most industries except those deemed hazardous.

Frequently Asked Questions about United Nations Convention on the Rights of the Child
Q1
What are 4 principles of the United Nations Convention on the Rights of the Child?
The four core principles of the Convention are: non-discrimination. devotion to the best interests
of the child. the right to life, survival and development.
Q2
Why is the Convention on the Rights of the Child important?
The Convention on the Rights of the Child sets out the rights that must be realized for
children to develop to their full potential. The Convention recognizes the fundamental human
dignity of all children and the urgency of ensuring their well-being and development.
Also read: Child Labour (Prohibition and Regulation) Act
POCSO Act
Juvenile Justice Act

Convention on the Rights of the Child: The children’s version

1. Definition of a child
A child is any person under the age of 18.

2. No discrimination
All children have all these rights, no matter who they are, where they live, what language
they speak, what their religion is, what they think, what they look like, if they are a boy or
girl, if they have a disability, if they are rich or poor, and no matter who their parents or
families are or what their parents or families believe or do. No child should be treated unfairly
for any reason.

3. Best interests of the child

When adults make decisions, they should think about how their decisions will affect children. All
adults should do what is best for children. Governments should make sure children are protected
and looked after by their parents, or by other people when this is needed. Governments should
make sure that people and places responsible for looking after children are doing a good job.

4. Making rights real

Governments must do all they can to make sure that every child in their countries can enjoy all
the rights in this Convention.

5. Family guidance as children develop

Governments should let families and communities guide their children so that, as they grow up,
they learn to use their rights in the best way. The more children grow, the less guidance they
will need.

6. Life survival and development

Every child has the right to be alive. Governments must make sure that children survive and
develop in the best possible way.

7. Name and nationality

Children must be registered when they are born and given a name which is officially recognized
by the government. Children must have a nationality (belong to a country). Whenever possible,
children should know their parents and be looked after by them.

8. Identity
Children have the right to their own identity â€" an official record of who they are which
includes their name, nationality and family relations. No one should take this away from them,
but if this happens, governments must help children to quickly get their identity back.
9. Keeping families together
Children should not be separated from their parents unless they are not being properly looked
after â€" for example, if a parent hurts or does not take care of a child. Children whose
parents don’t live together should stay in contact with both parents unless this might harm
the child.

10. Contact with parents across countries

If a child lives in a different country than their parents, governments must let the child and
parents travel so that they can stay in contact and be together.

11. Protection from kidnapping

Governments must stop children being taken out of the country when this is against the law
â€" for example, being kidnapped by someone or held abroad by a parent when the other
parent does not agree.

12. Respect for children’s views

Children have the right to give their opinions freely on issues that affect them. Adults should
listen and take children seriously.

13. Sharing thoughts freely

Children have the right to share freely with others what they learn, think and feel, by
talking, drawing, writing or in any other way unless it harms other people.

14. Freedom of thought and religion

Children can choose their own thoughts, opinions and religion, but this should not stop other
people from enjoying their rights. Parents can guide children so that as they grow up, they
learn to properly use this right.

15. Setting up or joining groups

Children can join or set up groups or organisations, and they can meet with others, as long as
this does not harm other people.

16. Protection of privacy

Every child has the right to privacy. The law must protect children’s privacy, family, home,
communications and reputation (or good name) from any attack.

17. Access to information

Children have the right to get information from the Internet, radio, television, newspapers,
books and other sources. Adults should make sure the information they are getting is not
harmful. Governments should encourage the media to share information from lots of different
sources, in languages that all children can understand.
18. Responsibility of parents
Parents are the main people responsible for bringing up a child. When the child does not have
any parents, another adult will have this responsibility and they are called a: “guardian―.
Parents and guardians should always consider what is best for that child. Governments should
help them. Where a child has both parents, both of them should be responsible for bringing up
the child.

19. Protection from violence

Governments must protect children from violence, abuse and being neglected by anyone who
looks after them.

20. Children without families

Every child who cannot be looked after by their own family has the right to be looked after
properly by people who respect the child’s religion, culture, language and other aspects of their
life.

21. Children who are adopted

When children are adopted, the most important thing is to do what is best for them. If a child
cannot be properly looked after in their own country â€" for example by living with another
family â€" then they might be adopted in another country.

22. Refugee children

Children who move from their home country to another country as refugees (because it was not
safe for them to stay there) should get help and protection and have the same rights as
children born in that country.

23. Children with disabilities

Every child with a disability should enjoy the best possible life in society. Governments should
remove all obstacles for children with disabilities to become independent and to participate
actively in the community.

24. Health, water, food, environment

Children have the right to the best health care possible, clean water to drink, healthy food
and a clean and safe environment to live in. All adults and children should have information
about how to stay safe and healthy.

25. Review of a child’s placement

Every child who has been placed somewhere away from home - for their care, protection or
health â€" should have their situation checked regularly to see if everything is going well
and if this is still the best place for the child to be.
26. Social and economic help
Governments should provide money or other support to help children from poor families.

27. Food, clothing, a safe home

Children have the right to food, clothing and a safe place to live so they can develop in the best
possible way. The government should help families and children who cannot afford this.

28. Access to education

Every child has the right to an education. Primary education should be free. Secondary and
higher education should be available to every child. Children should be encouraged to go to school
to the highest level possible. Discipline in schools should respect children’s rights and never use
violence.

29. Aims of education

Children’s education should help them fully develop their personalities, talents and abilities. It
should teach them to understand their own rights, and to respect other people’s rights,
cultures and differences. It should help them to live peacefully and protect the environment.

30. Minority culture, language and religion

Children have the right to use their own language, culture and religion - even if these are not
shared by most people in the country where they live.

31. Rest, play, culture, arts

Every child has the right to rest, relax, play and to take part in cultural and creative activities.

32. Protection from harmful work

Children have the right to be protected from doing work that is dangerous or bad for their
education, health or development. If children work, they have the right to be safe and paid
fairly.

33. Protection from harmful drugs

Governments must protect children from taking, making, carrying or selling harmful drugs.

34. Protection from sexual abuse

The government should protect children from sexual exploitation (being taken advantage of)
and sexual abuse, including by people forcing children to have sex for money, or making sexual
pictures or films of them.

35. Prevention of sale and trafficking

Governments must make sure that children are not kidnapped or sold, or taken to other countries
or places to be exploited (taken advantage of).

36. Protection from exploitation

Children have the right to be protected from all other kinds of exploitation (being taken
advantage of), even if these are not specifically mentioned in this Convention.

37. Children in detention

Children who are accused of breaking the law should not be killed, tortured, treated cruelly, put
in prison forever, or put in prison with adults. Prison should always be the last choice and only
for the shortest possible time. Children in prison should have legal help and be able to stay in
contact with their family.
38. Protection in war
Children have the right to be protected during war. No child under 15 can join the army or take
part in war.

39. Recovery and reintegration

Children have the right to get help if they have been hurt, neglected, treated badly or affected
by war, so they can get back their health and dignity.

40. Children who break the law

Children accused of breaking the law have the right to legal help and fair treatment. There
should be lots of solutions to help these children become good members of their communities.
Prison should only be the last choice.

41. Best law for children applies

If the laws of a country protect children’s rights better than this Convention, then those
laws should be used.

42. Everyone must know children’s rights

Governments should actively tell children and adults about this Convention so that everyone
knows about children’s rights.

43 to 54. How the Convention works

These articles explain how governments, the United Nations â€" including the Committee on
the Rights of the Child and UNICEF - and other organisations work to make sure all children
enjoy all their rights.

Geneva Declaration of the Rights of the Child, 1924

About the Declaration
In 1924, the League of Nations (LON) adopted the Geneva Declaration, a historic document
that recognised and affirmed for the first time the existence of rights specific to children and
the responsibility of adults towards children.

Origin of the first Declaration of the Rights of the Child

After witnessing the horror of World War I, Eglantyne Jebb realised that children need special
protection.

In 1919, with the help of her sister, Dorothy Buxton, Jebb founded the Save the Children
Fund in London to provide assistance to and protect children who have experienced war.

In 1920, with the support of the International Committee of the Red Cross (ICRC), the
Save the Children Fund was organised and structured around the International Save the
Children Union.

On 23 February 1923, the International Save the Children Union adopted the first version of
the Declaration of the Rights of the Child during its fourth general assembly. The draft was
later ratified during the fifth general assembly, on 28 February 1924. Jebb sent this document
to the League of Nations, saying that she believed: “we should claim certain Rights for the
children and labour for their universal recognition.
On 26 September 1924, the League of Nations adopted the declaration and titled it the
Geneva Declaration. It was a historic dayâ€―the first time specific rights for children
were recognised.

Content of the Geneva Declaration

The 1924 Geneva Declaration stated that humanity: “owes to the Child the best that it has
to give. “In simple terms, (there is in fact no reference to rights as such) the Declaration
points out adults’ obligations to children.―(1)

The fundamental needs of children were summarised in five points. The document discussed
the well-being of children and recognised their right to development, assistance, relief and
protection.

However, although the document addressed certain fundamental rights, it was not legally
binding.

In 1934, the General Assembly of the League of Nations again approved the Geneva
Declaration. The signatories promised to incorporate the principles of the document into their
national laws, but they were not legally bound to do so.

Nonetheless, the Geneva Declaration remains the first international Human Rights document
in history to specifically address children’s rights.

SWITZERLAND & CHILD RIGHTS

Children have rights
All children, regardless of where they grow up, have the same rights. In addition to general
human rights, they also have their own children’s rights. This is because children and young
people need special protection. Their needs are different to those of adults and they are not
always able to assert their rights themselves.
Children’s rights are enshrined in the United Nations Convention on the Rights of the Child.
This was ratified unanimously by the UNO on 20 November 1989 and consists of 54 articles.
Among others, the Convention states that every child has the right to grow up in a safe and
healthy environment, to develop their abilities to their fullest potential, to be heard, and to be
taken seriously. All members who signed the Convention on the Rights of the Child are obliged
to ensure children’s rights are implemented in their countries.

Icon Dokument
The Convention on the Rights of the Child
All member countries â€" with the exception of the USA â€" have ratified the Convention
on the Rights of the Child. It is therefore the UNO treaty with the greatest acceptance
globally

Children’s rights form the foundation of our work

Although almost all countries have pledged to implement the UN Convention on the Rights of
the Child, the rights of children and young people are violated on a daily basis around the world.
Millions of children and young people are growing up in poverty, in conflict zones or without
access to basic needs such as food or protection. This can be due to the climate crisis, which
leads to countless children and young people going hungry, or wars that force entire families to
flee. We therefore work every day and in times of crisis so that the rights of children are fully
implemented.
160 million children are still forced to work.

72 million children affected by crises cannot go to school.

An estimated 12 million girls are forced into child marriage each year.

Children’s rights in Switzerland

The UN Convention on the Rights of the Child has been in force in Switzerland since 1997.
Although Switzerland has made efforts to realise children’s rights since then, implementation
has been fragmented.

This is why we are committed to improving the situation with our offerings for disadvantaged
children in Switzerland. The focus here is on our projects for refugee children and young people
and children of incarcerated parents.

Together with other organisations, we also give children a voice on a political level. With
educational material for teachers, we make children and adults aware of the rights of children
in everyday life. Last but not least, we also discuss children’s rights together with other
specialist organisations from Switzerland.

Our work in Switzerland

100 years of children’s rights

1919: The world lies in ruins and millions of people suffer from hunger and poverty. Children in
particular are left to the mercy of the consequences of the First World War.

This injustice was something the then 42-year-old Eglantyne Jebb was not prepared to accept:
She wrote the message «Every war is a war against children» on leaflets and distributed
these to passers-by on the streets of London. In the same year, the British woman founded
the organisation Save the Children with her sister.

Eglantyne Jebb’s ideas were well ahead of their time: «I am convinced that we should
assert a claim to certain rights of the child and should work towards the recognition of these
rights.» Her conviction that all children should be entitled to their own rights led her to
draw up the first declaration on the rights of the child three years later in 1922. In doing so,
she laid the foundation for children’s rights.