Module 01 introduction to child rights
- 2. • Know the definition of Child and their Rights • Understand the importance of Child Rights • Comprehend UNCRC and History of Child Rights • Know the types of Child Rights • Understand the stakeholders to ensure Child Rights After completion of the course, students will be able to: LEARNING OBJECTIVES:
- 3. • Children are the futureof ourcountrythus it is logical to invest in a child is to invest our common future. • Children are the most vulnerable group of our society and are often being subjected to abuse, exploitation, neglect, lack of health care and education etc. • Everychild has right to lead a decent life • In India 440 million arechildren which is about 40% of the total population of our country. • As a concerned citizen, it is important toensure their rights and valueand dignity INTRODUCTION
- 4. In simple words, rights are common claims of people which every civilized society recognizes as essential claims for their development. They are therefore enforced by the state irrespective of their age, caste, class, religion or gender etc. Human Rights are Child Rights too. International Human Rights instruments recognizes that Children as well as adults have basic Human Rights. Child Rights are the specialized Human Rights that apply to all human beings below the age of 18 because of their vulnerability to exploitation and abuse WHAT ARE RIGHTS? DO CHILDREN HAVE THE SAME RIGHTS WHICH ADULT HAVE?
- 5. “I want education” and “I have the right to education” “I want education” impresses a desire /wish. This is THE NEED and “I have the right to education” impresses upon a just claim with corresponding obligation on the part of someone to provide education . This is THE RIGHT DIFFERENCE BETWEEN NEEDS AND RIGHTS
- 6. Needs Based Rights Based Focus on resolution of the present problem Concern for underlying root causes Concern for identified few children Universal & concern for all children Needs are usually ranked in some sort of hierarchy, where some needs are more important than others Rights cannot be ranked, they are indivisible and equally important Once Goals for certain needs are met, there is an assumption that need has been eliminated Until a right is full realized, it continues to be violated (80% is not enough) NEEDS AND RIGHTS BASED APPROACH
- 7. Child rights refers to: A set of legally binding norms and standards for the care and protection of children- that apply to all children at all times in all situations Key treaties: • Convention on The Rights of Children (CRC) • The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) • Convention on the Rights of Persons with Disabilities (CRPD) • African Charter on Human and peoples’ Rights • African Charter on the Rights and Welfare of the Child WHAT IS MEANT BY CHILD RIGHTS?
- 8. What is UNCRC and why it is 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. The age of a child has been defined inversely by several legislations in India. However, Juvenile Justice Act 2015, among is the major legislation which claim that a child means every human being below the age of eighteen years. As per United Nations Convention on the Rights of the Child (CRC), 1989, a child means every human being below the age of 18 years. This is a universally accepted definition of a child and ratified by most countries including India in Dec. 1992. DEFINITION OF A CHILD?
- 9. • Children are more vulnerable than adults to the conditions under which they live. • Hence, they are more affected than any other age group by the actions and inaction of governments and society. • In most societies, including ours, views persist that children are their parents’ property, or are adults in the making, or are 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. • 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 DO CHILDREN NEED SPECIAL RIGHTS ?
- 10. India with 1.21 billion people constitutes as the second most populous country in the world. Children represents 39% of total population of the country, thus children are important. Adult 61% Children 39% Child Population Adult Children Data Source: Census of India 2010-11 WHY IS CHILD RIGHT IMPORTANT?
- 11. Over one billion children have been denied their childhood worldwide(UNICEF Report) About 63 per cent of children in India undergo scarcityoffoodand 53 per cent suffer from chronic malnutrition 27 million are severely underweight and 33 million have never been to school National Drop-out Rate at the Elementary Level is over 40% (DISE, 2011- 12) Around 25 to 30 million children in India spend their lives on the streets in a poisonous environment. 6.6 million children have a damaged brain from iodine deficiency The National Family Health Survey has revealed that over 70 per cent of the children in many states suffer from iron deficiency 11.8% children in India are engaged in some form of child labour Nearly 45% girls get married before the age of eighteen years Only 54% children received full immunization (DLHS- III, 2007-08) STATUS OF CHILDREN IN INDIA
- 12. The 19th century marked the start of child rights. The child began to be considered as a being in need of protection. For the first time in Europe, laws were passed governing child labour. Different legal texts progressively encouraged or made education obligatory for young children. Society recognized the fact that the child could not be dealt with in the same way as an adult. 1924 The Geneva Declaration remains the first international Human Rights document in history to specifically address child rights. 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’. EVOLUTION OF CHILD RIGHTS
- 13. 1959 The United Nations General Assembly adopted the Declaration of the Rights of the Child on 20 November, 1959. It was an expansion of Geneva Declaration from five principles 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. Contd..
- 14. Non-discrimination (Article 2). All rights apply to all children without exception. The best interests of thechild (Article 3). “Best interests” covers all decisions affecting boys and girls. In any action involving children, their best interests should be the primary consideration. The right to survival and development Article 6). This article goes further than simply granting children the right to live. It includes the right to survival and development. Participation and respect for the views of thechild (Article 12). In order to determine what is in a child’s best interests it is both logical and necessary that the child should be listened to and have his or her views taken seriously. UN CONVENTION INCLUDES FOUR ARTICLES (GUIDING PRINCIPLES) WITH SPECIAL EMPHASIS ON:
- 15. • Preamble — provides the context for the CRC • Part I — Articles 1 — 41 set out substantive provisions for child rights • Part II — Articles 42 — 45 provide for monitoring and implementation • Part III — Articles 46 — 54 cover the arrangements for entry into force Please follow the link if you want to read more on UNCRC articles. https://www.ohchr.org/en/professionalinterest/pages/crc.aspx UN CONVENTION ON THE RIGHTS IS DIVIDED INTO FOUR PARTS
- 16. The UNCRC consists of 54 articles covering all four major categories of child rights TYPES OF CHILD RIGHTS
- 17. • Right to parental guidance consistent with the child’s evolving capacities (Art. 5) • Right to life, survival, and development (Art. 6) • The child has the right to be a name and nationality. The child has right to know and be cared for his or her parents. (Art.7) • Right to live with his parents and not to be separated from them unless this is necessary for the best interest of the child (Art. 9) • Right to enter or leave a state party for the purpose of family reunification and to maintain relations (Art. 10) • Right to highest standard of health and medical care attainable (Art. 24) • Right to benefit from social security including social insurance (Art. 26) • Right to adequate standard of living (Art. 27) Rights that are necessary for the existence of the child 1. RIGHT TO SURVIVAL
- 18. • 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 of children of minority communities and indigenous populations to enjoy their own culture and practice their own religion and language. (Art.30) • Right to recreation and cultural activities (Art. 31) Rights that ensure that a child is given all opportunities to develop his/her potential and evolve into a well-rounded individual 2. RIGHT TO DEVELOPMENT
- 19. • Right to protection from all forms of maltreatment, abuse and neglect (Art.19) • State has an obligation to provide protection for children without 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) Rights that guarantee that a child is safe from any dangerous influence or situations that may be prejudicial to the child 3. RIGHT TO PROTECTION
- 20. • Right to and for it to be taken into account in any proceeding affecting him/her (Art. 12) express his/her opinion freely • Rightto freedom of expression, receive, and impart information (Art. 13) • Right to freedom of thought, conscience, and religion (Art. 14) • Rightto freedom of association and of peaceful assembly (Art. 15) • Rightto protection if privacy, family, home, or correspondence (Art. 16) Rights that guarantees a child is heard and given a voice in any decision-making process that affect him/her 4. RIGHT TO PARTICIPATION
- 21. 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. CHILD RIGHTS STAKEHOLDERS
- 22. Contd..
- 23. • Child at the centre: The guiding principle is suggestive of keeping children and children’s issue central to any and all actions taken. • Best Interest of the Child: This principle lays down that one must act in the best interest of children. • Child Friendly: The staff must adopt a child friendly behavior when in contact with the children • Gender Sensitive: The principle lays down that the staff must be gender sensitive and treat both girls and boys similarly. • Practice non-discrimination: Children who come in the child care institutions belong to diverse backgrounds KEY PRINCIPLES OF WORKING WITH CHILDREN
- 24. • Empathy and Sympathy: The principle lays down that the staff must empathize and sympathize with a child who comes in contact with them. • Accountability: The principle of accountability lays down that every individual staff who come in contact with the children must take accountability of any action taken for the child. • Choices: Staffs and other functionaries dealing with children have to understand the choices that the child has made within the limits of his/her particular developmental context. • Diversion and restorative justice: We should employ a restorative justice approach which offers guidance and opportunities to further a child’s moral development and encourages them to take responsibility for their actions. Contd..