Module 01 introduction to child rights

INTRODUCTION TO CHILD
RIGHTS
MODULE 01

After completion of the course, students will be able to:
• know the meaning and definition of Child Rights
• understand the importance of Child Rights
• comprehend UNCRC and History of Child Rights
• know the types of Child Rights
• understand Child Rights in Indian Constitution
• know the stakeholders working with children
LEARNING OBJECTIVES

Following are some of the facts under Child Protection context:
• Children are the future of any society thus it is logical to invest in a
child is to invest for the common future of the society.
• Children constitute the most vulnerable group of our society and
this group often subject to abuse, exploitation, neglect, lack of
health care and education etc.
• We must know this fact that child in any society is an
heterogeneous category (Rural, urban, tribal, male, female etc.).
• Every child of any category has right to lead a decent life.
• In India 440 million are children which is about 40% of its total
population. (according to 2011 census)
• As a concerned citizen, it is important to ensure the rights of child,
their values and dignity.
INTRODUCTION

To understand the rights of child, we should know,
who is a child and what are their rights.
There may be different opinions or understanding
about the meaning of a child depending on their
situations and contexts. Such as, a child:
• is a person who have less experience
• is dependent on adult
• needs care and protection
• is not eligible to vote in elections
• has less understanding about do’s and don’ts
related to them and society etc.
According to you, who is a child? Please share
with us. ccpcourseconsultant@gmail.com This photos/illustrations is just for indicative purpose
only
CHILD RIGHTS: MEANING AND DEFINITIONS

As per United Nations Convention on the Rights of the Child
(UNCRC), 1989, a child means every human being below the age of
18 years. This is an universally accepted definition of a child and
ratified by most countries including India in Dec. 1992.
The age of a child has been defined inversely by several legislations
in India. However, Juvenile Justice Act 2015, is the most significant
legislation which claim that a child means every human being below
the age of eighteen years.
What is UNCRC and why is it special?
The United Nation Convention on the Rights of the Child is a comprehensive,
internationally binding agreement on the rights of children, which was adopted by the
United Nations General Assembly in 1989. It is the most widely ratified convention on
human rights treaty in history
DEFINITION OF CHILD

In the previous slide we came to know that who is a child. Now let’s
understand what is Child Rights. But before knowing it let’s discuss
what is Right and why it is important for Human being.
In simple words, rights are the basic needs of a common human
being which leads to their survival, development and protection with
dignity. Rights are common claims which are essential for every
human being to survive and live. Rights are applicable to all people
irrespective of their age, sex, caste, class, race, religion, region etc.
WHAT IS CHILD RIGHTS
Child Rights are the specialized Human Rights for children below the age of 18 years for
their effective care and protection. It is a set of legal binding instrument which is
applicable for all categories of children in all situations.

• Children consider more vulnerable than adults to the
conditions under which they live.
• The life of children more affected than any other age group by
the actions and inaction of governments and society.
• In most of the societies, views persist that children are the
property of their parents or not yet ready to contribute to
society.
• Children are not seen as people who have a mind of their own,
a view to express, the capacity to make a choice and an ability
to decide. Thus they have no roles in decision making process
of family and society.
• Instead of being guided by adults, their life is decided by adults.
• Children have no votes or political influence and little economic
power. Too often, their voices are not heard.
• Children are particularly vulnerable to exploitation and abuse.
WHY CHILDREN NEED SPECIAL RIGHTS ?

India with 1.21 billion people constitutes as the second most populous
country in the world. Children represents at 39% of total population of
the country who consider our next generation thus children are
important.
Adult
61%
Children
39%
Child Population
Adult Children
Data Source: Census of India 2011
WHY CHILD RIGHTS ARE IMPORTANT?

The importance of Child Rights begins in early twentieth century
when the concern raised for those children who worked in factories,
industries and other areas due to industrial revolution in Europe
countries like Britain, France, German, England etc. Children used to
worked 10 to 12 hours per day in the factories with very extreme
conditions. In 1836 the first child labour regulation law was passed
by the state of Massachusetts, United State of America. It is consider
the first written law of state for regulating the working hours of
children in the factories. Then almost all the Europe countries had
child labour laws by the year1890.
For more information about child labour laws you can study the
reference book of Mr. James D. Schmidt.
James D. Schmidt’s Industrial Violence and the Legal Origins of Child Labor
(Cambridge Historical Studies in American Law and Society) 2010
EVOLUTION OF CHILD RIGHTS

1924 The Geneva Declaration remains the first international Human Rights
document in history to specifically address child rights, drafted by
Eglantyne Jebb, founder of the Save the Children Fund. The League
of Nations adopts the Declaration in 1924.
The Declaration articulates that all people owe children the right to:
means for their development; special help in times of need; priority for
relief; economic freedom and protection from exploitation; and an
upbringing that instils social consciousness and duty.
1946 The United Nations General Assembly establishes the International
Children’s Emergency Fund, UNICEF, with an emphasis on children
throughout the world.
1948 The United Nations General Assembly passes the Universal
Declaration of Human Rights, in which, Article 25 entitles mother and
child to ‘special care, assistance’ and ‘social protection’.
The efforts which take place 20th century are mentioned below:
Contd..

1959 The United Nations General Assembly adopts the Declaration of the Rights of
the Child on 20th November, 1959. It was an expansion of Geneva Declaration
from five principles (regarding child welfare) to ten basic principles named UN
Declaration of the Rights of the Child.
1966 With the International Covenants on Civil and Political Rights and on
Economic, Social and Cultural Rights, United Nations Member States promises
to uphold equal rights – including education and protection – for all children.
1989 The International Convention on the Rights of the Child is a treaty adopted by
the United Nations General Assembly in 1989. It is a landmark achievement
for human rights, recognizing the roles of children as social, economic,
political, civil and cultural actors.
2000 The United Nations General Assembly adopts two Optional Protocols to the
1989 Convention on the Rights of the Child.
For more information, you can visit the official website of UNICEF that is
https://www.unicef.org
Contd..

United Nations Convention on the Rights of The Child (UNCRC) 1989 is an
important convention in the history of Child Rights. It is mostly ratified international
legal instrument on Child Rights. The government of India has acceded to the
convention on the 11th December 1992. The convention emphasizes the importance
of the family and state to create an environment that is conducive to the healthy
growth and development of children with their full potential. There is 54 articles in
the convention. UNCRC stand on four guiding principles. Following are the
principles:
Guiding Principles of UNCRC:
• Non-Discrimination: All rights apply to all children without exception (Article 2).
• The Best Interests of the Child: Best interests” covers all decisions affecting
boys and girls. In any action involving children, their best interests should be the
primary consideration (Article 3).
• The Right to Survival and Development: This article goes further than simply
granting children the right to live. It includes the right to survival and development
(Article 6).
• Participation and Respect for the Views of the Child: In order to determine
UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHID
(UNCRC) 1989

The UNCRC consists of 54 articles covering all four major categories of child
rights.
This photos/illustrations is just for indicative purpose only
TYPES OF CHILD RIGHTS

Every child has the-
• Right to parental guidance and child’s evolving
capacities (Art. 5).
• Right to life, survival, and development (Art. 6).
• Right to right to be registered at birth, to have a name
and nationality. (Art.7)
• Right to an identity. (Art.8)
• Right to live with his parents. (Art. 9 & 10).
• Right to highest standard of health and medical care as
best possible (Art. 24)
• Right to a regular review of treatment and care
(Art.25). (If the child is place away from home like
foster or Hospital)
• Right to benefit from social security including social
insurance (Art. 26)
Right to Survival means rights that are necessary for the existence of the child.
Right to Survival is covers under the following articles of UNCRC:
This photos/illustrations is just for
indicative purpose only
1. RIGHT TO SURVIVAL

• Right to life, survival, and development (Art. 6).
• Right to access to information and material from
diverse sources and media (Art. 17).
• Right to Development through Parental
responsibility (Art. 18).
• Right to access standard healthcare and medical
services (Art.24.)
• Right to education which aims at developing the
child’s personality, talents, and mental and
physical abilities to the fullest extent (Art. 28
and 29).
• Right to learn and use the language, customs
and religion of their family (Art.30).
• Right relax, play and take part in a wide range of
Right to Development means rights that ensure that a child is given all opportunities to
develop his/her potential and evolve into a well-rounded individual. Right to Development
covers under the following articles of UNCRC:
This photos/illustrations is just for indicative
purpose only
2. RIGHT TO DEVELOPMENT

• Right to protection from all forms of violence,
abuse and neglect (Art.19).
• Right to be provide special assistance &
protection to children who have no family. (Art. 20
& 21)
• Right to protection of refugee children and
children with a disability (Art. 22 & 23)
• Right to protection from Child labour, Drug abuse,
Sexual exploitation, Sale, trafficking, abduction,
torture, deprivation, Arm conflicts or any other
exploitations (Art. 32 to 39)
• Right of children in conflict with the law to
treatment which promotes his/her dignity and
worth (Art. 40)
Right to Protection means rights that guarantee that a child is safe from any dangerous
influence or situations that may be prejudicial to the child. Right to Protection coveres
the following articles of UNCRC:
This photos/illustrations is just for indicative
purpose only
3. RIGHT TO PROTECTION

Rights that guarantees a child is heard and given a voice in any decision-making
process that affect him/her constitute Rights to Participation. It covers following
article of UNCRC:
• Right to express their views, feelings and wishes
in all matters affecting them, and to have their
views considered and taken seriously (Art. 12).
• Rightto freedom of expression, opinions and to
access all kinds of information (Art. 13).
• Right to think and believe what they choose and
also to practice their religion(Art. 14).
• Right to meet with other children and to join
groups and organisations, as long as this does
not stop other people from enjoying their rights
(Art.15).
• Right to access to information and material from
diverse sources and media (Art. 17).This photos/illustrations is just for indicative
purpose only
4. RIGHT TO PARTICIPATION

The Constitution of India guarantees rights to all citizen including children in the
forms of special rights, fundamental rights, fundamental duty and Directive
Principles of State Policy. Following are the provisions laid down in the
constitution of India for children.
Specially guaranteed certain rights to all children. These rights include:
• Right to free and compulsory elementary education for all children of the 6-14
year age group (Article 21 A).
• Prohibits trafficking of human beings including children (Article 23).
• Right to be protected from any hazardous employment till the age of 14 years
(Article 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 guarantees protection of childhood and
youth against exploitation and abandonment (Article 39 (f)).
• Right to early childhood care and education to all children until they complete
the age of six years (Article 45)
CHILD RIGHTS IN THE CONSTITUTION OF INDIA

Fundamental Rights
All rights those are basic to every human being called Fundamental
Rights. As a citizen of India, children are also eligible to enjoy some
Fundamental Rights which have been describe from articles 14 to 35 in
part III of Indian Constitution. Following are the articles of fundamental
rights related to children:
Right to equality:
• Right to Equality Before Law (Article 14)
• Right against Discrimination (Article 15)
• The State must make special provisions for women and children (Art.
15 (3))
• Right to be protected from Untouchability (Article 17)
Contd..

Right to Freedom:
• Right to freedom of speech and expression (Art. 19); All citizens
shall have the right –
• to assemble peaceably and without arms;
• to form associations or unions;
• to move freely throughout the territory of India;
• to reside and settle in any part of the territory of India; and
• to practice any profession, or to carry on any occupation, trade or
business.
• Right to life and personal liberty (Article 21) (Right to a life with
dignity)
• Right to education (Article 21A)
• The State shall provide free and compulsory education to all
children of the age of six to fourteen years age group.
• Protection against arrest and detention (Article 22)
Contd..

Right Against Exploitation:
• Traffic in human beings and beggar and other similar forms of forced
labor are prohibited (Article 23)
• Prohibition of Employment of children below the age of fourteen
years in any factories or mine or engaged in any other hazardous
employment. (Article24)
Right to Freedom of Religion
• Freedom of Conscience and practice of Religion (Article 25)
• Freedom to manage religious affairs (this includes the right to
establish and maintain institutions and administer property in
accordance with law (Article 26)
• Freedom to promote one’s religion (Article 27)
• Freedom of religious instruction (Article 28). (However, no religious
instruction shall be provided in any institution maintained by State
Contd..

Cultural and Educational Rights:
• Protection of Rights of Minorities (Article 29)
• Right to conserve one’s language, script and culture
• Right to admission to any educational institution without any
discrimination
• Right of minorities to establish and administer educational institutions
(Article 30)
Right to Constitutional Remedies
• The Right to move the Supreme Court for enforcement of
Fundamental rights (Article 32) (A person can directly approach to
Supreme Court for violation of fundamental rights)
Contd..

Fundamental Duties that related to Children:
Fundamental Duties are the obligation of Indian citizens to perform their
duties towards nation building through observing certain basic norms of
democratic conduct and democratic behavior. Presently citizen of India
have 11 fundamental duties in India's constitution under article 51-A, which
are statutory duties and are enforceable by law.
The 86th constitutional amendment in 2002 added that;
(k) 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.
Contd..

Directive Principles of State Policy which are directly related to children:
The Part IV of the Constitution popularly known as the Directive Principles of
State Policy (from Articles 36-51 of the Constitution) are the set of guidelines or
principles for the federal institutes governing the state of India. Following are the
provisions laid down relating to children.
• Article 39A mandates the state shall provide Equal Justice and Free Legal
Aid by suitable legislation or schemes or in any other way.
• Article 39(e) right to be protected form being abused and forced by economic
necessity to enter occupations unsuited to their age or strength.
• Article 39(f) direct that children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom and dignity and
childhood and youth are protected against exploitation and against moral and
material abandonment.
• Article 45 states that the state shall endeavor to provide early childhood care
and education for all children until they complete the age of six years.
• Article 46 right of weaker sections of the people to be protected from social
injustice and all forms of exploitation.
• Article 47 envisages that the state shall raise the level of nutrition and
Contd..

Those with an obligation to respect,
promote and realize child rights are called
‘duty bearers’ or Child Rights
Stakeholders. The State is the main duty
bearer, including everyone who works for
the State, like police officers, lawyers,
teachers and social workers. The State
maintains ultimate responsibility, but it may
delegate some responsibilities to others
(such as private companies or civil society
groups). The international community also
has obligations to support the State in
fulfilling its child rights responsibilities.
Parents and other caregivers may be
described as secondary duty bearers.
This photos/illustrations is just for indicative purpose
CHILD RIGHTS STAKEHOLDERS

Q-1. As per UNCRC, who is a child?
a) A person below the age of 14
b) A person below the age of 16
c) A person below the age of
18
d) A person below the age of 19
a) Non discrimination
b) Best Interest of Child
c) The right to life, survival
and development
d) Participation and respect
for the view of the child
1. Article 2
2. Article 6
3. Article 12
4. Article 3
Q-2. Match the following Choose the answer
A) a-1, b-4, c-2, d-3,
B) a-2, b-3, c-4, d-1
C) a-3, b-4, c-1, d-2
D) a-4, b-1, c-2, d-3
CHECK YOUR PROGRESS

Q-3. Right to life comes under
which category of child rights?
a) Development Rights
b) Participation Rights
c) Survival Rights
d) Protection Rights
Q-4. Which of the following coming under
Right to Development?
a) To access standard
healthcare.
b) To develop through parental
responsibility
c) Right to education
d) All the above
Q-5. Right to Protection is not a part of Child rights
Category?
a) True
b) False
CHECK YOUR PROGRESS

Module 01 introduction to child rights

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Module 01 introduction to child rights