Child Rights

Pre-Convention:

Child Rights were given importance in the League of nations in the 1924 when assembly of the league of nations passed
a resolution endorsing the Declaration of Child Rights. In 1948 it served as the basis of slightly expanded Seven Point
Declaration adopted by the UNGA and in 1959 UN gave us a declaration on Rights of Child which acted as a
springboard for the Convention.

The other three documents that were influential in the making of the Convention were:

1. declaration on legal and social principles relating to protection and welfare of Children 1986

2. The Beijing Rules 1985

3. Declaration on the protection of women and Children in emergency and Armed conflict

Due to widespread and ongoing child rights abuse, the need for a coherent and comprehensive statement of law was
needed. The convention was drafted with combined efforts of government officials, working group set by the UN
commission on Human Rights, UNICEF, ILO, WHO and NGO's across the world.

The Convention: substantive Principles

Preamble: affirms "Family" as the fundamental group of society and assumes that the natural environment for the
GROWTH

AND WELL BEING OF ALL OF ITS MEMBERS AND SPECIAL PROTECTION MUST BE AFFORDED TO THE
CHILDREN SO THEY MAY ASSUME THEIR RESPONSIBILITY IN THE COMMMUNITY"

There is a complex argument that by declaring the Family as the natural environment it becomes difficult to understand
that family may be the source of abuse and violation for the child. The convention thus has to protect the Family
environment so that it may nurture a child to see him grow and raise to his/her maximum potential

Similarly, the Universal convention must cater to the cultural specificities of the world, however it demands that all
such practices must be ended that are rooted in culture and are violation of child rights, article 24(3) the convention
also recognizes the global nature of the problem.

Substantive Rights:

article 1: defines the child and declares a child anyone under the age of majority

article 2: places both negative and positive duties to ensure compliance with the convention rights, it also recognizes
that in order to protect the child the family must also be protected.

article 3: governing matters of the child, the guardians, parents and other individuals legally responsible would decide
the best interests since a child is deemed unable to decide the best interests.

article 4: economic, social and cultural rights to the available resources of the states
article 5: location of a child in the family, definition of family and extension to include those beyond parent/guardians,
respect for responsibilities rights and duties of the parent/guardians

article 6: key human rights like right life and similar rights and liberties discussed in articles 7-8

article 9: child and his right to live with his family and to be cared for by the family, qualified rights states under judicial

and administrative powers can decide the best interests of the child against the wishes of parents and guardians

article 10: right to movement between states article 11: prohibits illicit transfer and non return of children abroad articles

13-17: classic civil liberties

article 18: gives both parents and guardians "common responsibility" for the upbringing and development of child and
the best interests of child, states have to accommodate parents and guardians so that they can carry out these duties.

article 19: is at the core of convention, states under a duty to ensure via legislative and administrative measures that a

child is protected from mental and physical abuse and includes sexual abuse while in care of parents(s),guardians(s)

article 20: when state intervenes, foster placement or KAFALH in Islamic shariah law.

Articles 21-23: children in special situations articles

Article 24-28 elaborate social and economic rights

right to highest attainable standard of healthcare, states must take action to end disease, decrease infant mortality, etc.

right to physical mental spiritual moral and social development, needs to be safeguarded by the Parents /guardians
and states must assist the parents in this endeavour. states have duty to provide primary education

article 29: academic extra-academic and personal development must be catered through the education (social, cultural,

moral, development of an individual)

article 30: children of the minority and their rights to enjoy culture and practice of choice of their religion

article 31: right to leisure

article 32: another core right that expects states to prevent economic exploitation of the child from any work that is

hazardous to child's education

article 33: right to healthcare, prevention of use of illicit drugs

article 34: states are under duties to prevent children from sexual exploitation, pornography and prostitution

article 35: prohibits trafficking

article 36: is general provision ensuring that state party’s to prevent child exploitation of all sorts which hinder his
welfare
article 37: due process and rights of children in Criminal justice system

article 38: prevention of child prescription

article 39: rehabilitation of children victim of abuse, violence or armed conflict

Article 43: committed selection

article 44: state report

article 45: unspecialised agencies have a right to representation to the committee and any advice they might give

Enforcement mechanisms:

ICCPR: OP1 individual complaint

CASE STUDY: INDIA

In the third periodic report Indian government showed its willingness in principle and policy to implement or move
towards legislative measures to fight for rights of child in India.

The National health policy 1974: an act that prioritizes mother and child healthcare exist and are in effect since 1974 but
along with these measure other legal remedies protecting the basic freedoms of the child and broad social and economic
rights exist in principle.

But their implementation is where the issue lies and the state seems reluctant to accept that since 1993 the measures the
Gov adopted weren’t effective in poverty alleviation, infant mortality, female child marriages, and most importantly
child labour.

India also had a reservation on article 32 of the convention which expects state to prevent economic exploitation of the
child. Although the Indian gox expressed that such a reservation wouldn’t in any way affect their commitment to the
cause of child rights but it isn’t mentioned in the state report how they have ensured that rights in article 32 would be
looked after its highly unlikely.

In the facts and figures mentioned by DWCD of the Indian Gov, detailed actions plans were announced for alleviating
the condition of child national health policy, national health scheme. the SSA (sarva shiksha abhiyaan) which is there
to provide elementary education at state expense.

Shadow report 2003:

the evaluation of this state report could be done in Light of the Human rights Watch report of 2003 about child rights
in India the effect of Gujarat incident and communal violence on the rights of child.

the report has broad themes

violence against children, according to the report children were made to drink petrol and then burnt, they were
unlawfully detained and imprisoned and then subsequently killed.

33000 Muslim children were forced to evacuate the area and later on gov closed the Relief camps.
Discrimination against children:

evidence is there that the planned governmental action of communal violence executed by organizations like VHP, BJP
and rapid action force are in control of national and provincial legislatures and are changing the curriculum to breed
religious intolerance in Hindu children against other faiths predominantly Muslim faith

Sexual violence and destruction of families:

since although overwhelming evidence existed as to the perpetrators of rape violence detention, majority were police
officers, gov officers, political workers little or no prosecutions were done. the rapists are allowed to roam free and
according to HRWatch report brutality which is incomprehensible was committed 3year olds raped, mutilated the
female victims have been forced to be married to unsuitable partners in order to hide the shame of Rape.

Education of children:

Muslim children feel afraid of going back to old schools insecurity, fear, schools were threatened by VHP to expel
Muslim students, after the Gujrat incident an approximate 200 children were forced to become child labourers.

The Issue of Bonded Labour: what is bonded labour?

an advance payment of money is made and a child or children are leased as labourers until the debts are given back by
the family to the lender, the work arrangement is so that the debt circle continues and the child cannot repay it back
hence a perpetual cycle of labour is started.

it is a self sustaining social and economic phenomenon

Reasons for bonded labour?

poverty, economic destitution, cultural practice of using children as bait for loans lack of enforcement of constitutional
rights.

64 percent of such child labour is in agriculture the rest is in local domestic industries.

although India has ratified ILO which prohibits Child labour and has domestic law the Bonded Labour Act 1976 lack

of political will and corruption on Governmental value

the government prefers economic development over the implementation of these rights thus India wants to maintain
the status quo. "laws don’t matter economics do" a high ranked Indian official in Ministry of Labour said this.

overt poverty and class systems is another reason that child labour persists example of Dalits low caste people, they are
forced into this hierarchical order, according to HRW the bond masters are Gov officials themselves.

the 2004 Indian report certifies the ineffectiveness of the measures taken by the Government

Child Soldiers:

The problem of child soldiers:

forced and abducted to fight or voluntarily fight due to poverty. girls are sex slaves to commanders and boys may

be abused as well but the extent is not known. the Contextual appraisal of the problem:
The conflict between Rawanda, uganda and Congo has sparked the Use of child soldiers all factions use child soldiers,
and some are readily supported by the government as militia groups like mai-mai and RCD-ML, funded and trained
to fight. There exist international law that prohibits child conscription (ILO, rome statute, CRC)

similarly, in west Africa the dispute between sierra lione, liberia and ivory coast raised issues of child soldiers. use of
small boys unit by Taylor (president of liberia) is currently being charged in hague for war crimes.

2003 war ended the UN is trying to rehabilitate children by demobilization of child soldiers etc.

Children, heathcare and AIDS:

the aids is a disease that is an international problem it affects the child directly as a victim of the disease of indirectly
when child's parents and guardians are affected by it. there is apparently a stigma attached to the disease.

Hiv aids is a punishment of promiscuous sexual behaviour and the children of such victims are seen with disrespect
and in KENYA disinheritance is practiced, deprivation from property.

Case study of South Africa:

the children under the age of 14 cannot consent to treatment there consent if required can be given by minister, guardian
,hospital superintendent and over 14 child can consent ,but sever barriers are existent when it comes to a child’s needs
of treatment.\ governments failure to provide adequate drugs and medical facilities apart from legal mechanisms is
alarming in S.A according to 2004 children's act ..a care giver can give consent for a child if parents and guardians are
unavailable.

children in the criminal justice System:

children under the convention have basic guarantees to due process and procedural fairness in trial and punishment.
since child rights stress upon rehabilitation of child rather than his/her punishment. The Beijing rules specify standards
as to juvenile justice and the requisite proportionality of the offence offender and punishment. Juvenile justice is a
distinct but important part of any justice system. The RHIYADH GUIDLINES Are the best expression of enforcement
standards for juvenile justice. psychological and social rehabilitation to minimize anti social trends in society is what
should be aimed in a juvenile justice system.

United states and Latin America.

---->killing of children extra judicial execution in Honduras ---> holding children in the same prisons as adults

in united states any child could be prosecuted in an adult court, in a similar vein there are inconsistencies in different
sates as to juvenile justice. problems regarding sentencing, death penalty and imprisonment remain.

India: gujrat incident in detail