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INDORE INSTITUTE OF LAW
Topic: International Convention on rights of child
Name. Avinash Rai
Class ………………………………
Sub ………………………………
Prof ……………………………….
Date ………….…………………...
Teacher Sign Student Sign
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Certificate Of Supervisor
This is to certify that the project work entitled
“………………………………………………….”
submitted by ………………………………… For the
partial fulfillment of the B.A.LLB Degree (fourth
semester) offered by Indore Institute of Law, Indore
(affiliated to D.A.V.V. and BCI) during the academic year
2013-18is a record of the Student’sown work carried out
by him/her undermy supervision. The matter embodied in
this thesis is original and has not been submitted for the
award of any Degree, Diploma or such other titles.
Date :
Name of Supervisor:
Signatureof Supervisor
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Declaration of Researcher
This is to certify that Thesis/Report entitled
“…………………………”which is submitted by me in
partial fulfillment of the requirement for the award of
degree B.A.LLB. Degree (fourth Semester) offered by
Indore Institute of Law, Indore comprises only my
original work and due acknowledgement has been made
in the text to all other material used.
Date: Name of Student:
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Acknowledgement
I takethis opportunitytoexpressmy profound gratitudeand deep regards
to my guide Assistant Professor Mrs. BijendraKumar for his exemplary
guidance, monitoringand constant encouragement throughout thecourse
of thisthesis. Theblessing, help and guidancegivenby him timeto time
shall carrymea long way in the journeyof life on which I am about to
embark.
I also take thisopportunitytoexpressa deep sense of gratitudetothe
Library staff of IIL for their cordialsupport, valuableinformationand
guidance, which helped me in completing thistaskthrough variousstages.
I am obliged to my Institutionfacultymembersfor providing mewith such
an opportunitytocarryout deep research workon the given topic.
Lastly, I thankalmighty, my parents, brother, sistersand friends for their
constant encouragementwithout which thisassignmentwould not be
possible.
Submitted By:- Submitted To:-
Avinash Rai BrijendraKumar
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TABLE OF CONTENT
 Abstract
 Introduction
 Definitions of ‘child’
 Constitutional provisions
 International conventions
 UDHR
 International convention on economic, social and cultural
rights
 International convention on civil and political rights
 European conventions on human rights
 Convention on rights of child
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INTRODUCTION
“Our youth is the hope of our motherland. This is how our national hero
Dr. Jose Rizal viewed the roles of the youth of this country are.
However, while the youth is viewed as the ―hope‖ of our country, some
of our youth today are being viewed as delinquents, even as criminals.
What is the future of these children? This is the dilemma that our
country is faced from the late 1980’s until this new millennium. As it
was during his time, how come a big percentage of our youths faced or
are still facing cases against delinquent acts now? What are the steps
being taken by the Philippine Government in preventing this kind of
social problem?
The legal definition of child generally refers to a minor, otherwise
known as a person younger than the age of majority. There are many
social issues that affect children, such as childhood
education, bullying, child poverty, dysfunctional families and in
developing countries, hunger. Children can be raised by parents, in
a foster care or similar supervised arrangement, guardians or partially
raised in a day care center.
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WHAT ARE CHILD RIGHTS
Child Rights are “the recognition of the inalienable dignity of Child”
Free of discrimination, inequality, or distinction of any kind, human
dignity is universal, equal and inalienable.
“All human beings are born free and equal in dignity and rights.”
Beyond the concept, Child Rights are expressed and defined in legal
texts, which seek to guarantee the dignity of Child and to make it a
reality.
History of juvenile justice legislation in India
The first legislation on juvenile justice in India came in 1850 with
the Apprentice Act which required that children between the ages of 10-
18 convicted in courts to be provided vocational training as part of their
rehabilitation process. This act was transplanted by theReformatory
Schools Act, 1897, the Indian Jail Committee and later the Children Act
of 1960. The Juvenile Justice Bill was first introduced in the Lok
Sabha on 22 August 1986. This Act was further amended in 2006 and
2011 and is now known as the Juvenile Justice (Care and Protection)
Act, 2000. The State of Jammu and Kashmir has repealed its existing
juvenile law of 1997 and has enacted the Jammu & Kashmir (Care and
Protection of Children) Act 2013. This legislation is very similar to
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India's national juvenile law except that it does not contain any provision
on adoption.
Section 21 of the Juvenile Justice (Care and Protection of Children) Act,
2000 (56 of 2000) as amended by the Juvenile Justice (Care and
Protection of Children) Amendment Act, 2006 (33 of 2006)., states that:
“Prohibition of publication of name, etc., of juvenile or child in need of
care and protection involved in any proceeding under the Act-(1) No
report in any newspaper, magazine, news-sheet or visual media of any
inquiry regarding a juvenile in conflict with law or a child in need of
care and protection under this Act shall disclose the name, address or
school or any other particulars calculated to lead to the identification of
the juvenile or child shall nor shall any picture of any such juvenile or
child shall be published: Provided that for any reason to be recorded in
writing, the authority holding the inquiry may permit such disclosure, if
in its opinion such disclosure is in the interest of the juvenile or the
child. (2) Any person who contravenes the provisions of sub-section (1),
shall be liable to a penalty which may extend to twenty-five thousand
rupees”.
While provisions relating to the Juveniles in conflict with law are very
important from jurisprudence point of view, this Act becomes very
crucial for Children in Need of Care and Protection, as they are very
large in number. Section 29 of the Act provides constituting five
members District (Administrative unit in India) level quasi-judicial body
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"Child Welfare Committee". One of the members is designated as
Chairperson. At least one of the members shall be woman. The
Committee shall have the final authority to dispose of cases for the care,
protection, treatment, development and rehabilitation of the 'Children in
Need of Care and Protection' as well as to provide for their basic needs
and protection of human rights.
The Supreme Court of India vide Judgement in Hari Ram Versus State
of Rajasthan confirmed the retrospective effect of the Juvenile Justice
Act, 2000 in 2009, which was earlier confirmed by some of the High
Courts in India, particularly by Bombay High Court.
Pursuant to an order of Delhi High Court, the Act was further amended
in 2011 whereby certain provisions which were discriminatory to the
persons affected by leprosy have been deleted.
A revamped Juvenile Justice Bill was passed in the Lok Sabha on May
7, 2015 in the aftermath of the Delhi Rape Case of December, 2012 in
which a minor was found guilty. The new bill will allow minors in the
age group of 16-18 to be tried as adults if they commit heinous crimes.
The crime will be examined by the Juvenile Justice Board to ascertain if
the crime was committed as a 'child' or an 'adult'.
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DEFINITIONS ON CHILD
A young individual who is under the legal age of majority, or who is the
natural offspring of another. A minor; an individual who is not yet an
adult or who has not reached the age of majority. Most jurisdictions have
defined child in terms of a specified age of majority.
A “Juvenile” or “Child” means a person who has not completed eighteen
years of age.
According to International Law, a ‘Child’ means every human being
below the age of 18 years. Today this is a universally accepted definition
of a child which comes from the United Nations Convention on the
Rights of the Child (UNCRC).
UNDER INDIAN LAWS
CHILD LABOUR (prohibition and regulation act),1986
Section 2 (ii), A ‘child’ means a person who has still not completed the
age of fourteen years.
CONVENTION ON THE RIGHTS OF CHILD
Article 1, For the purposes of the present Convention, a child means
every human being below the age of 18 years unless under the law
applicable to the child, majority is attained earlier.
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JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2000
Section 2 (k), A ‘juvenile’ or ‘child’ means a person who has still not
completed the age of eighteen years.
RIGHT TO FREE AND COMPULSORY EDUCATION ACT,2009
Child means a male or female child of or between the age of six to
fourteen years.
PROHIBITION OF CHILD MARRIAGE ACT,2006
Section 2 (a), ‘Child’ means a person who, if a male has not completed
the age of twenty one years of age and if a female has not completed the
age of eighteen years of age.
THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCE, (POSCO), 2012
‘Child’ mean any children below the age of eighteen years.
IMMORTAL TRAFFICKING AND PREVENTION ACT, 1956
Section 2 (a), ‘Child’ means who has not completed the age of eighteen
years.
PLANTATION LABOUR ACT,1951
Sec 2 (c) "child" means a person who has not completed his fifteenth
years"
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FACTORIES ACT,1968
Juvenile is a person who has not completed the age of fourteen years of
age.
MINES ACT,1952
Juvenile is a person who has not completed the age of eighteen years of
age.
MOTOR TRANSPORT WORKERS ACT, 1961
Juvenile is a person who has not completed the age of fourteen years of
age.
APPRENTICES ACT,1961
Juvenile is a person who has not completed the age of fourteen years of
age.
BIDI AND CIGAR WORKERS ACT, 1966
Juvenile is a person who has not completed the age of fourteen years of
age.
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Definition of the rights of the child
Children’s rights were recognized after the 1st World war, with the
adoption of the Declaration of Geneva, in 1924. The process of
recognition of children’s rights continued thanks to the UN, with the
adoption of the Declaration of children’s rights in 1959.
The recognition of the child’s interest and his rights becomes real on 20
November 1989 with the adoption of the International Convention on
the Rights of the Child which is the first international legally binding
text recognizing all the fundamental rights of the child.
Children’s rights are human rights. They protect the child as a human
being. As human rights, children’s rights are constituted by fundamental
guarantees and essential human rights:
Children’s rights recognize fundamental guarantees to all human
beings : the right to life, the non-discrimination principle, the right to
dignity through the protection of physical and mental integrity
(protection against slavery, torture and bad treatments, etc.)
Children’s rights are civil and political rights, such as the right to
identity, the right to a nationality, etc.
Children’s rights are economic, social and cultural rights, such as the
right to education, the right to a decent standard of living, the right to
health, etc.
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Children’s rights include individual rights: the right to live with his
parents, the right to education, the right to benefit from a protection, etc.
Children’s rights include collective rights: rights of refugee and disabled
childrens, of minority children or from autochthonous groups.
Children’s rights: rights adapted to children
Children’s rights are human rights specifically adapted to the child
because they take into account his fragility, specificities and age-
appropriate needs.
Children’s rights take into account the necessity of development of the
child. The children thus have the right to live and to develop suitably
physically and intellectually.
Children’s rights plan to satisfy the essential needs for a good
development of the child, such as the access to an appropriate
alimentation, to necessary care, to education, etc.
Children’s rights consider the vulnerable character of the child. They
imply the necessity to protect them. It means to grant a particular
assistance to them, and to give a protection adapted to their age and to
their degree of maturity. So, the children have to be helped and
supported and must be protected against labour exploitation, kidnapping,
and ill-treatment, etc.
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Children/Juveniles need care and protection?(CCNP)
According to Section 2 (d) of Juvenile Justice Act, a child in needs of
care and protection means:
Child who is found without any home or settled place or abode and
without any ostensible means of subsistence.
Child who is found begging or who is either a street child or a working
child.
Child who resides with a person, whether a guardian of the child or not,
and such person has threatened to kill or injure the child or abused and
there is a reasonable likelihood of the threat being carried out or has
killed, abused or neglected some other child or children and there is a
reasonable likelihood of the child in question being killed, abused or
neglected by that person.
Child who is mentally or physically challenged or children suffering
from terminal or incurable disease having no one to support or look
after.
Child who has a parent or guardian, such parent or guardian is unfit or
incapacitated to exercise control over the child.
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Child who does not have parents and no one is willing to take care of or
whose parents have abandoned him or who is missing or run away child
and whose parents cannot be found after reasonable inquiry.
Child who is being grossly abused, tortured or exploited for the purpose
of sexual abuse or illegal acts.
Child who is found vulnerable and is likely to be inducted into drug
abuse or trafficking.
Child who is being or is likely to be abused for unconscionable gain.
Child who is a victim of any armed conflict civil commotion or natural
calamity.
Juvenile Delinquency
The act of participating in a crime by a minor is considered juvenile
delinquency. This criminal act can be punished by an array of means,
designed specifically to deal with those who are under the statutory age
of majority. However, the rise of street gangs makes many people argue
that the severity of the juvenile prosecution system is not high enough to
constitute proper punishment. Thus, the perpetrators must be tried under
adult laws.
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It is hard to argue this position as the crimes committed by gang
members, regardless of their age, are often as serious and heinous as the
ones committed by adults. If one looks at the problem from one point of
view, it is hard to understand why the criminal cannot be punished with
the entire severity of the law. As the number of youngsters who get
arrested for serious offences increases, it is only natural to believe that
the severity of their punishments must be increased as well. This should
make the perpetrators understand the real extent of their actions. A
person who is duly punished for breaking the law will be wearier of
repeating the act. This cannot be said about someone whose punishment
is too light when compared to the crime committed.
Is it fair to punish a minor under the laws designed for adults? The issue
of morals makes answering this question more difficult, as people are
taught that the same rules for adults cannot be applied to children. The
differences in their attitudes and psyche are too big to overlook. Minors’
psyche is less stable by default, and they are easily influenced by those
with stronger personalities. The leaders of juvenile gangs fall into this
category, so it is only logical that they can manipulate those who are
struggling to find their place in the world, while suffering under the
onslaught of hormones triggered by puberty. This unstable psychological
condition is the main reason that explains why minors are perceived as
incapable of taking the blame for their actions. However, teenage angst
can hardly be seen as an excuse to commit a serious crime. This is not a
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matter of not seeing the right from wrong. There are laws that must be
complied with, and not doing so is wrong by default. One’s existential
crisis is not a good enough reason to use as an excuse for breaking the
law.
People who support the idea that juvenile delinquency should be
perceived as a less serious crime, based solely on the age of the
offenders, do not see the whole picture. If the nature of the acts
committed by minors is serious enough to be tried under adult laws, this
is the course of action that should be taken. Even minors are clearly
capable of understanding the law and their obligations to comply with it.
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CONSTITUTIONAL PROVISIONS
These are the provisions which is consistent with or dependent upon the
fundamental law that defines and establishes government in society and
basic principles to which society is to conform.
Article 15: not discriminate against any citizen
Article 21: no person shall be deprived of hislife or personal liberty
Article 23: Traffic in humnan beings, forcedlabour prohibited
Article 24: No child below 14 years to work 7
Article 39: the tender age of children are not abused
Article 42: For securing just and humane conditions of work and for
maternity relief
Article 45: Free and compulsory education to all children till fourteen
years of age.
Article 47: Raising of the level of nutrition and the standard of living of
its people.
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INTERNATIONAL CONVENTIONS
UDHR, 1948
The Universal Declaration of Human Rights (UDHR) is a declaration
adopted by the United Nations General Assembly on 10 December 1948
at the Palais de Chaillot, Paris. The Declaration arose directly from the
experience of the Second World War and represents the first global
expression of rights to which all human beings are inherently entitled.1
In 1948, the United Nations General Assembly adopted the Universal
Declaration of Human Rights, which represents “a common standard of
achievement for all peoples and all nations.”
Article 25. (2) Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least
in the elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made
1 http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights
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generally available and higher education shall be equally accessible to
all on the basis of merit.
(2) Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further
the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall
be given to their children.
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INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS,1966
Article 24
1. Every child shall have, without any discrimination as to race, colour,
sex, language, religion, national or social origin, property or birth, the
right to such measures of protection as are required by his status as a
minor, on the part of his family, society and the State.
2. Every child shall be registered immediately after birth and shall have
a name.
3. Every child has the right to acquire a nationality.
INTERNATIONAL COVENANT ON ECONOMIC
SOCIAL AND CULTURAL RIGHTS,1966
The preamble of ICESCR, insofar as it recognizes the indivisibility of
human rights.
Article 11 recognises the right of everyone to an adequate standard of
living. This includes, but is not limited to, the right to adequate food,
clothing, housing, and "the continuous improvement of living
conditions"
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Article 12 of the Covenant recognises the right of everyone to "the
enjoyment of the highest attainable standard of physical and mental
health". "Health" is understood not just as a right to be healthy, but as a
right to control ones own health and body (including reproduction), and
be free from interference such as torture or medical experimentation.
European Convention on Human Rights (ECHR) , 1950
Article 5 provides that everyone has the right to liberty and security of
person. Article 5 provides the right to liberty, subject only to lawful
arrest or detention under certain other circumstances, such as arrest on
reasonable suspicion of a crime or imprisonment in fulfilment of a
sentence.
Article 6 provides a detailed right to a fair trial, including the right to
a public hearing before an independent and impartial tribunal within
reasonable time, the presumption of innocence, and other minimum
rights for those charged with a criminal.
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Declaration of the Rights of the Child, 1959
In 1959, the United Nations General Assembly adopted the Declaration
of the Rights of the Child. It marked the first major international
consensus on the fundamental principles of children’s rights.
In 1924, the League of Nations (LON) adopted theGeneva 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.
The United Nations (UN) was founded after World War II. It took over
the Geneva Declaration in 1946. However, following the adoption of the
Universal Declaration of Human Rights in 1948, the advancement of
rights revealed the shortcomings of the Geneva Declaration, which
therefore had to be expanded.
The Declaration of the Rights of the Child lays down ten principles:
1. The right to equality, without distinction on account of race, religion
or national origin.
2. The right to special protection for the child’s physical, mental and
social development.
3. The right to a name and a nationality.
4. The right to adequate nutrition, housing and medical services.
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5. The right to special education and treatment when a child is physically
or mentally handicapped.
6. The right to understanding and love by parents and society.
7. The right to recreational activities and free education.
8. The right to be among the first to receive relief in all circumstances.
9. The right to protection against all forms of neglect, cruelty and
exploitation.
10. The right to be brought up in a spirit of understanding, tolerance,
friendship among peoples, and universal brotherhood.
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Convention on the Rights of the Child
The Convention on the Rights of the Child is part of the legally binding
international instruments for the guarantee and the protection of Human
Rights. Adopted in 1989, the Convention’s objective is to protect the
rights of all children in the world.
The 1st legally binding text that protects the rights of children
The most comprehensive text for the protection of children’s rights
This Convention represents the most comprehensive international text
that exists in terms of children’s rights protection. Even though other
international instruments, such as the International Pacts, the ILO
Conventions, and the international adoption Convention guarantee
children’s rights, the Convention is the only text to address all aspects of
children’s rights.
The Convention comprises 54 articles that establish the body of all
children’s civil and political rights, as well as their economic, social and
cultural rights.
The CRC is primarily concerned with four aspects of children’s rights
(the four P's): 1) Participation by children in decisions affecting them;
2) Protection of children against discrimination and all forms of neglect
and exploitation;
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3) Prevention of harm to them; and
4) Provision of assistance to children for their basic needs.
Although this wording sounds good on its face, when the feel good
language is peeled away it is quite an attack on parental rights.
The United Nations Convention on the Rights of the Child (commonly
abbreviated as the CRC, CROC, 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 a state's own domestic legislation.
Nations that ratify this convention are bound to it by international law.
Compliance is monitored by the UN Committee on the Rights of the
Child, which is composed of members from countries around the world.
Once a year, the Committee submits a report to the Third Committee of
the United Nations General Assembly, which also hears a statement
from the CRC Chair, and the Assembly adopts a Resolution on the
Rights of the Child.
The UN General Assembly adopted the Convention and opened it for
signature on 20 November 1989 (the 30th anniversary of its Declaration
of the Rights of the Child).It came into force on 2 September 1990, after
it was ratified by the required number of nations. Currently, 194
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countries are party to it, including every member of the United Nations
except Somalia and the United States. In Somalia, parliamentary
approval and presidential assent of the ratification act was obtained
"without the articles of 14, 20 and 21 due to Somali culture, religion and
the provisional constitution." On 20 January 2015, Somalia ratified the
convention and the process will be finalized once the Government of
Somalia deposits the instrument of ratification at UN Headquarters in
New York.
Two optional protocols were adopted on 25 May 2000. The First
Optional Protocol restricts the involvement of children in military
conflicts, and the Second Optional Protocol prohibits the sale of
children, child prostitution and child pornography. Both protocols have
been ratified by more than 150 states.
A third optional protocol relating to communication of complaints was
adopted in December 2011 and opened for signature on 28 February
2012. It came into effect on 14 April 2014.2
PROVISIONS:
Article 1
For the purposes of the present Convention, a child means every human
being below the age of eighteen years unless under the law applicable to
the child, majority is attained earlier.
2 http://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child
29
1) Article 7 (1) - Every child shall be registered by the government
immediately after birth. This means that government tracking will be
required.
2) Article 24 - Every child shall receive the highest attainable level of
health care services. The American Bar Association determined that this
provision indicates a mandatory federal health insurance plan would be
necessary to comply with the treaty.
3) Article 28 (2) states that all schools must be prohibited from using
corporal punishment.
Article 19(1) and Article 37(a) not only prohibit school authorities from
administering corporal punishment but it also applies to parents, legal
guardians or any other person who has care of the child. This section
will essentially outlaw spanking.
4) Article 13 (1) - Under this article the United States will be required to
“ensure” that children are vested with “freedom of expression”. The
article states, "The child shall have the right to freedom of expression:
this right shall include freedom to seek, receive, and impart information
and ideas of all kinds, regardless of frontiers, either orally, in writing or
in print, in the form of art or through any other media of the child’s
choice." This essentially gives children the right to
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listen to any form of music (rock, gang rap, etc.) watch any channels on
the television and even have access to pornography!
5) Article 14 (1) - "States Parties shall respect the rights of the child to
freedom of thought, conscience and religion." This will give children the
right to object to their parents’ religious training and participate instead
in religious services that their parents consider to be cults.
6) Article 15 (1) - Under this article children would have the right to
freedom of association. It reads, "States Parties recognize the rights of
the child to freedom of association and to freedom of peaceful
assembly." Parents could not prohibit their children from associating
with certain other children, gangs or cults.
7) Article 16 (1) - "No child shall be subjected to arbitrary or unlawful
interference with his or her privacy, family, home or correspondence,
nor to unlawful attacks on his or her honour and reputation." A child will
be given a “right to privacy”. This would make it easy for children to get
abortions over their parents’ objections. The parents would not even
know. This would virtually negate all parental notification laws
concerning abortion and any other laws or policies that require parental
notification.
8) Article 28 (1) - "States Parties recognize the right of the child to
education..." Under the U.N. Treaty public education would be a “right”
to all children of the United States. Parents interfering with the child’s
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right to choose public education would be violating his rights and could
be subject to prosecution. Can you say bye-bye homeschooling?
9) Article 43 - "States parties shall undertake all appropriate legislative
administrative, and other measures for the implementation of the rights
recognized in the present Convention. With regard to economic, social
and cultural rights, States Parties shall undertake such measures to the
maximum extent of their available resources and, where needed, within
the framework of international cooperation." This article makes it clear
that signatory nations would be bound to expend considerable financial
resources for implementation of the CRC Treaty.
10) Article 43 (2) - This article establishes an international committee of
ten experts elected by secret ballot to oversee the progress of the
implementation of the treaty. America will have its domestic policy
subjected to foreign control, and the sovereignty of our nation will be
under threat.
These are but a few of the numerous examples of how this treaty can
affect our rights to homeschool let alone our rights to have parental
control over our children. We do not need this treaty! We already have
a massive child welfare system in place, and the havoc that would be
caused by the litigation-gone-wild would be immeasurable. We must
stay informed on the status of this and any other treaty as they do not go
away. It appears that a constitutional amendment is what is needed to
32
remove the Achilles’ heel” and protect parental rights from the courts
and international law.
IN INDIA
India ratified UNCRC on 11 December 1992, agreeing in principles all
articles except with certain reservations on issues relating to 'child
labour'. In India there is law that children under the age of 18 should not
work, but there is no outright ban on child labor, and the practice is
generally permitted in most industries except those deemed
"hazardous". Although a law in October 2006 banned child labor in
hotels, restaurants, and as domestic servants, there continues to be high
demand for children as hired help in the home. Current estimates as to
the number of child laborers in the country range from the government's
conservative estimate of 12 million children under 13 years of age to the
much higher estimates of children's rights activists, which hover around
60 million. Little is being done to address the problem since the
economy is booming and the nuclear family is spreading, thereby
increasing demand for child laborers. In India many people are still
suffering from non-nutritious food, many parents are still leaving their
children on riverside, in trains etc. Under the auspices of
the Unicef financed Odisha initiative the Government of India is
specifying the outline of a means of change and improvement in child
33
care, and many trusts such as childLine, Plan India and savethechildren
too are taking efforts to outdate child labour from India. A few of the
organisations who work with children's rights in India are Plan India,
CRY (Child Rights and You), Save the Children, Bal Vikas Dhara-New
Delhi, Bachpan Bachao Andolan, CHORD-Hyderabad.3
3 http://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child
34
CONCLUSION
The Convention on the Rights of the Child is the most rapidly and
widely ratified international human rights treaty in history. The
Convention changed the way children are viewed and treated – 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.
In every region of the world, from Brazil to Burkina Faso, Finland to
Fiji, Madagascar to Mexico, the Convention has inspired changes in
laws and practice that have improved the lives of millions of children.
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BIBLIOGRAPHY
Dr. Krishna Pal Malik Administration of Juvenile Justice in India
Paras Diwan Children and Legal Protection
36
WEBLIOGRAPHY
www.Wikipedia.com
www.Yourarticle.com
www.Humanium.com

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Juvenile assingment

  • 1. 1 INDORE INSTITUTE OF LAW Topic: International Convention on rights of child Name. Avinash Rai Class ……………………………… Sub ……………………………… Prof ………………………………. Date ………….…………………... Teacher Sign Student Sign
  • 2. 2 Certificate Of Supervisor This is to certify that the project work entitled “………………………………………………….” submitted by ………………………………… For the partial fulfillment of the B.A.LLB Degree (fourth semester) offered by Indore Institute of Law, Indore (affiliated to D.A.V.V. and BCI) during the academic year 2013-18is a record of the Student’sown work carried out by him/her undermy supervision. The matter embodied in this thesis is original and has not been submitted for the award of any Degree, Diploma or such other titles. Date : Name of Supervisor: Signatureof Supervisor
  • 3. 3 Declaration of Researcher This is to certify that Thesis/Report entitled “…………………………”which is submitted by me in partial fulfillment of the requirement for the award of degree B.A.LLB. Degree (fourth Semester) offered by Indore Institute of Law, Indore comprises only my original work and due acknowledgement has been made in the text to all other material used. Date: Name of Student:
  • 4. 4 Acknowledgement I takethis opportunitytoexpressmy profound gratitudeand deep regards to my guide Assistant Professor Mrs. BijendraKumar for his exemplary guidance, monitoringand constant encouragement throughout thecourse of thisthesis. Theblessing, help and guidancegivenby him timeto time shall carrymea long way in the journeyof life on which I am about to embark. I also take thisopportunitytoexpressa deep sense of gratitudetothe Library staff of IIL for their cordialsupport, valuableinformationand guidance, which helped me in completing thistaskthrough variousstages. I am obliged to my Institutionfacultymembersfor providing mewith such an opportunitytocarryout deep research workon the given topic. Lastly, I thankalmighty, my parents, brother, sistersand friends for their constant encouragementwithout which thisassignmentwould not be possible. Submitted By:- Submitted To:- Avinash Rai BrijendraKumar
  • 5. 5 TABLE OF CONTENT  Abstract  Introduction  Definitions of ‘child’  Constitutional provisions  International conventions  UDHR  International convention on economic, social and cultural rights  International convention on civil and political rights  European conventions on human rights  Convention on rights of child
  • 6. 6 INTRODUCTION “Our youth is the hope of our motherland. This is how our national hero Dr. Jose Rizal viewed the roles of the youth of this country are. However, while the youth is viewed as the ―hope‖ of our country, some of our youth today are being viewed as delinquents, even as criminals. What is the future of these children? This is the dilemma that our country is faced from the late 1980’s until this new millennium. As it was during his time, how come a big percentage of our youths faced or are still facing cases against delinquent acts now? What are the steps being taken by the Philippine Government in preventing this kind of social problem? The legal definition of child generally refers to a minor, otherwise known as a person younger than the age of majority. There are many social issues that affect children, such as childhood education, bullying, child poverty, dysfunctional families and in developing countries, hunger. Children can be raised by parents, in a foster care or similar supervised arrangement, guardians or partially raised in a day care center.
  • 7. 7 WHAT ARE CHILD RIGHTS Child Rights are “the recognition of the inalienable dignity of Child” Free of discrimination, inequality, or distinction of any kind, human dignity is universal, equal and inalienable. “All human beings are born free and equal in dignity and rights.” Beyond the concept, Child Rights are expressed and defined in legal texts, which seek to guarantee the dignity of Child and to make it a reality. History of juvenile justice legislation in India The first legislation on juvenile justice in India came in 1850 with the Apprentice Act which required that children between the ages of 10- 18 convicted in courts to be provided vocational training as part of their rehabilitation process. This act was transplanted by theReformatory Schools Act, 1897, the Indian Jail Committee and later the Children Act of 1960. The Juvenile Justice Bill was first introduced in the Lok Sabha on 22 August 1986. This Act was further amended in 2006 and 2011 and is now known as the Juvenile Justice (Care and Protection) Act, 2000. The State of Jammu and Kashmir has repealed its existing juvenile law of 1997 and has enacted the Jammu & Kashmir (Care and Protection of Children) Act 2013. This legislation is very similar to
  • 8. 8 India's national juvenile law except that it does not contain any provision on adoption. Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) as amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (33 of 2006)., states that: “Prohibition of publication of name, etc., of juvenile or child in need of care and protection involved in any proceeding under the Act-(1) No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child shall nor shall any picture of any such juvenile or child shall be published: Provided that for any reason to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. (2) Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees”. While provisions relating to the Juveniles in conflict with law are very important from jurisprudence point of view, this Act becomes very crucial for Children in Need of Care and Protection, as they are very large in number. Section 29 of the Act provides constituting five members District (Administrative unit in India) level quasi-judicial body
  • 9. 9 "Child Welfare Committee". One of the members is designated as Chairperson. At least one of the members shall be woman. The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the 'Children in Need of Care and Protection' as well as to provide for their basic needs and protection of human rights. The Supreme Court of India vide Judgement in Hari Ram Versus State of Rajasthan confirmed the retrospective effect of the Juvenile Justice Act, 2000 in 2009, which was earlier confirmed by some of the High Courts in India, particularly by Bombay High Court. Pursuant to an order of Delhi High Court, the Act was further amended in 2011 whereby certain provisions which were discriminatory to the persons affected by leprosy have been deleted. A revamped Juvenile Justice Bill was passed in the Lok Sabha on May 7, 2015 in the aftermath of the Delhi Rape Case of December, 2012 in which a minor was found guilty. The new bill will allow minors in the age group of 16-18 to be tried as adults if they commit heinous crimes. The crime will be examined by the Juvenile Justice Board to ascertain if the crime was committed as a 'child' or an 'adult'.
  • 10. 10 DEFINITIONS ON CHILD A young individual who is under the legal age of majority, or who is the natural offspring of another. A minor; an individual who is not yet an adult or who has not reached the age of majority. Most jurisdictions have defined child in terms of a specified age of majority. A “Juvenile” or “Child” means a person who has not completed eighteen years of age. According to International Law, a ‘Child’ means every human being below the age of 18 years. Today this is a universally accepted definition of a child which comes from the United Nations Convention on the Rights of the Child (UNCRC). UNDER INDIAN LAWS CHILD LABOUR (prohibition and regulation act),1986 Section 2 (ii), A ‘child’ means a person who has still not completed the age of fourteen years. CONVENTION ON THE RIGHTS OF CHILD Article 1, For the purposes of the present Convention, a child means every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier.
  • 11. 11 JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2000 Section 2 (k), A ‘juvenile’ or ‘child’ means a person who has still not completed the age of eighteen years. RIGHT TO FREE AND COMPULSORY EDUCATION ACT,2009 Child means a male or female child of or between the age of six to fourteen years. PROHIBITION OF CHILD MARRIAGE ACT,2006 Section 2 (a), ‘Child’ means a person who, if a male has not completed the age of twenty one years of age and if a female has not completed the age of eighteen years of age. THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCE, (POSCO), 2012 ‘Child’ mean any children below the age of eighteen years. IMMORTAL TRAFFICKING AND PREVENTION ACT, 1956 Section 2 (a), ‘Child’ means who has not completed the age of eighteen years. PLANTATION LABOUR ACT,1951 Sec 2 (c) "child" means a person who has not completed his fifteenth years"
  • 12. 12 FACTORIES ACT,1968 Juvenile is a person who has not completed the age of fourteen years of age. MINES ACT,1952 Juvenile is a person who has not completed the age of eighteen years of age. MOTOR TRANSPORT WORKERS ACT, 1961 Juvenile is a person who has not completed the age of fourteen years of age. APPRENTICES ACT,1961 Juvenile is a person who has not completed the age of fourteen years of age. BIDI AND CIGAR WORKERS ACT, 1966 Juvenile is a person who has not completed the age of fourteen years of age.
  • 13. 13 Definition of the rights of the child Children’s rights were recognized after the 1st World war, with the adoption of the Declaration of Geneva, in 1924. The process of recognition of children’s rights continued thanks to the UN, with the adoption of the Declaration of children’s rights in 1959. The recognition of the child’s interest and his rights becomes real on 20 November 1989 with the adoption of the International Convention on the Rights of the Child which is the first international legally binding text recognizing all the fundamental rights of the child. Children’s rights are human rights. They protect the child as a human being. As human rights, children’s rights are constituted by fundamental guarantees and essential human rights: Children’s rights recognize fundamental guarantees to all human beings : the right to life, the non-discrimination principle, the right to dignity through the protection of physical and mental integrity (protection against slavery, torture and bad treatments, etc.) Children’s rights are civil and political rights, such as the right to identity, the right to a nationality, etc. Children’s rights are economic, social and cultural rights, such as the right to education, the right to a decent standard of living, the right to health, etc.
  • 14. 14 Children’s rights include individual rights: the right to live with his parents, the right to education, the right to benefit from a protection, etc. Children’s rights include collective rights: rights of refugee and disabled childrens, of minority children or from autochthonous groups. Children’s rights: rights adapted to children Children’s rights are human rights specifically adapted to the child because they take into account his fragility, specificities and age- appropriate needs. Children’s rights take into account the necessity of development of the child. The children thus have the right to live and to develop suitably physically and intellectually. Children’s rights plan to satisfy the essential needs for a good development of the child, such as the access to an appropriate alimentation, to necessary care, to education, etc. Children’s rights consider the vulnerable character of the child. They imply the necessity to protect them. It means to grant a particular assistance to them, and to give a protection adapted to their age and to their degree of maturity. So, the children have to be helped and supported and must be protected against labour exploitation, kidnapping, and ill-treatment, etc.
  • 15. 15 Children/Juveniles need care and protection?(CCNP) According to Section 2 (d) of Juvenile Justice Act, a child in needs of care and protection means: Child who is found without any home or settled place or abode and without any ostensible means of subsistence. Child who is found begging or who is either a street child or a working child. Child who resides with a person, whether a guardian of the child or not, and such person has threatened to kill or injure the child or abused and there is a reasonable likelihood of the threat being carried out or has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person. Child who is mentally or physically challenged or children suffering from terminal or incurable disease having no one to support or look after. Child who has a parent or guardian, such parent or guardian is unfit or incapacitated to exercise control over the child.
  • 16. 16 Child who does not have parents and no one is willing to take care of or whose parents have abandoned him or who is missing or run away child and whose parents cannot be found after reasonable inquiry. Child who is being grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts. Child who is found vulnerable and is likely to be inducted into drug abuse or trafficking. Child who is being or is likely to be abused for unconscionable gain. Child who is a victim of any armed conflict civil commotion or natural calamity. Juvenile Delinquency The act of participating in a crime by a minor is considered juvenile delinquency. This criminal act can be punished by an array of means, designed specifically to deal with those who are under the statutory age of majority. However, the rise of street gangs makes many people argue that the severity of the juvenile prosecution system is not high enough to constitute proper punishment. Thus, the perpetrators must be tried under adult laws.
  • 17. 17 It is hard to argue this position as the crimes committed by gang members, regardless of their age, are often as serious and heinous as the ones committed by adults. If one looks at the problem from one point of view, it is hard to understand why the criminal cannot be punished with the entire severity of the law. As the number of youngsters who get arrested for serious offences increases, it is only natural to believe that the severity of their punishments must be increased as well. This should make the perpetrators understand the real extent of their actions. A person who is duly punished for breaking the law will be wearier of repeating the act. This cannot be said about someone whose punishment is too light when compared to the crime committed. Is it fair to punish a minor under the laws designed for adults? The issue of morals makes answering this question more difficult, as people are taught that the same rules for adults cannot be applied to children. The differences in their attitudes and psyche are too big to overlook. Minors’ psyche is less stable by default, and they are easily influenced by those with stronger personalities. The leaders of juvenile gangs fall into this category, so it is only logical that they can manipulate those who are struggling to find their place in the world, while suffering under the onslaught of hormones triggered by puberty. This unstable psychological condition is the main reason that explains why minors are perceived as incapable of taking the blame for their actions. However, teenage angst can hardly be seen as an excuse to commit a serious crime. This is not a
  • 18. 18 matter of not seeing the right from wrong. There are laws that must be complied with, and not doing so is wrong by default. One’s existential crisis is not a good enough reason to use as an excuse for breaking the law. People who support the idea that juvenile delinquency should be perceived as a less serious crime, based solely on the age of the offenders, do not see the whole picture. If the nature of the acts committed by minors is serious enough to be tried under adult laws, this is the course of action that should be taken. Even minors are clearly capable of understanding the law and their obligations to comply with it.
  • 19. 19 CONSTITUTIONAL PROVISIONS These are the provisions which is consistent with or dependent upon the fundamental law that defines and establishes government in society and basic principles to which society is to conform. Article 15: not discriminate against any citizen Article 21: no person shall be deprived of hislife or personal liberty Article 23: Traffic in humnan beings, forcedlabour prohibited Article 24: No child below 14 years to work 7 Article 39: the tender age of children are not abused Article 42: For securing just and humane conditions of work and for maternity relief Article 45: Free and compulsory education to all children till fourteen years of age. Article 47: Raising of the level of nutrition and the standard of living of its people.
  • 20. 20 INTERNATIONAL CONVENTIONS UDHR, 1948 The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled.1 In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, which represents “a common standard of achievement for all peoples and all nations.” Article 25. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26. (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made 1 http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights
  • 21. 21 generally available and higher education shall be equally accessible to all on the basis of merit. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (3) Parents have a prior right to choose the kind of education that shall be given to their children.
  • 22. 22 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS,1966 Article 24 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name. 3. Every child has the right to acquire a nationality. INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS,1966 The preamble of ICESCR, insofar as it recognizes the indivisibility of human rights. Article 11 recognises the right of everyone to an adequate standard of living. This includes, but is not limited to, the right to adequate food, clothing, housing, and "the continuous improvement of living conditions"
  • 23. 23 Article 12 of the Covenant recognises the right of everyone to "the enjoyment of the highest attainable standard of physical and mental health". "Health" is understood not just as a right to be healthy, but as a right to control ones own health and body (including reproduction), and be free from interference such as torture or medical experimentation. European Convention on Human Rights (ECHR) , 1950 Article 5 provides that everyone has the right to liberty and security of person. Article 5 provides the right to liberty, subject only to lawful arrest or detention under certain other circumstances, such as arrest on reasonable suspicion of a crime or imprisonment in fulfilment of a sentence. Article 6 provides a detailed right to a fair trial, including the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, and other minimum rights for those charged with a criminal.
  • 24. 24 Declaration of the Rights of the Child, 1959 In 1959, the United Nations General Assembly adopted the Declaration of the Rights of the Child. It marked the first major international consensus on the fundamental principles of children’s rights. In 1924, the League of Nations (LON) adopted theGeneva 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. The United Nations (UN) was founded after World War II. It took over the Geneva Declaration in 1946. However, following the adoption of the Universal Declaration of Human Rights in 1948, the advancement of rights revealed the shortcomings of the Geneva Declaration, which therefore had to be expanded. The Declaration of the Rights of the Child lays down ten principles: 1. The right to equality, without distinction on account of race, religion or national origin. 2. The right to special protection for the child’s physical, mental and social development. 3. The right to a name and a nationality. 4. The right to adequate nutrition, housing and medical services.
  • 25. 25 5. The right to special education and treatment when a child is physically or mentally handicapped. 6. The right to understanding and love by parents and society. 7. The right to recreational activities and free education. 8. The right to be among the first to receive relief in all circumstances. 9. The right to protection against all forms of neglect, cruelty and exploitation. 10. The right to be brought up in a spirit of understanding, tolerance, friendship among peoples, and universal brotherhood.
  • 26. 26 Convention on the Rights of the Child The Convention on the Rights of the Child is part of the legally binding international instruments for the guarantee and the protection of Human Rights. Adopted in 1989, the Convention’s objective is to protect the rights of all children in the world. The 1st legally binding text that protects the rights of children The most comprehensive text for the protection of children’s rights This Convention represents the most comprehensive international text that exists in terms of children’s rights protection. Even though other international instruments, such as the International Pacts, the ILO Conventions, and the international adoption Convention guarantee children’s rights, the Convention is the only text to address all aspects of children’s rights. The Convention comprises 54 articles that establish the body of all children’s civil and political rights, as well as their economic, social and cultural rights. The CRC is primarily concerned with four aspects of children’s rights (the four P's): 1) Participation by children in decisions affecting them; 2) Protection of children against discrimination and all forms of neglect and exploitation;
  • 27. 27 3) Prevention of harm to them; and 4) Provision of assistance to children for their basic needs. Although this wording sounds good on its face, when the feel good language is peeled away it is quite an attack on parental rights. The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, 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 a state's own domestic legislation. Nations that ratify this convention are bound to it by international law. Compliance is monitored by the UN Committee on the Rights of the Child, which is composed of members from countries around the world. Once a year, the Committee submits a report to the Third Committee of the United Nations General Assembly, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child. The UN General Assembly adopted the Convention and opened it for signature on 20 November 1989 (the 30th anniversary of its Declaration of the Rights of the Child).It came into force on 2 September 1990, after it was ratified by the required number of nations. Currently, 194
  • 28. 28 countries are party to it, including every member of the United Nations except Somalia and the United States. In Somalia, parliamentary approval and presidential assent of the ratification act was obtained "without the articles of 14, 20 and 21 due to Somali culture, religion and the provisional constitution." On 20 January 2015, Somalia ratified the convention and the process will be finalized once the Government of Somalia deposits the instrument of ratification at UN Headquarters in New York. Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of children, child prostitution and child pornography. Both protocols have been ratified by more than 150 states. A third optional protocol relating to communication of complaints was adopted in December 2011 and opened for signature on 28 February 2012. It came into effect on 14 April 2014.2 PROVISIONS: Article 1 For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. 2 http://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child
  • 29. 29 1) Article 7 (1) - Every child shall be registered by the government immediately after birth. This means that government tracking will be required. 2) Article 24 - Every child shall receive the highest attainable level of health care services. The American Bar Association determined that this provision indicates a mandatory federal health insurance plan would be necessary to comply with the treaty. 3) Article 28 (2) states that all schools must be prohibited from using corporal punishment. Article 19(1) and Article 37(a) not only prohibit school authorities from administering corporal punishment but it also applies to parents, legal guardians or any other person who has care of the child. This section will essentially outlaw spanking. 4) Article 13 (1) - Under this article the United States will be required to “ensure” that children are vested with “freedom of expression”. The article states, "The child shall have the right to freedom of expression: this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of the child’s choice." This essentially gives children the right to
  • 30. 30 listen to any form of music (rock, gang rap, etc.) watch any channels on the television and even have access to pornography! 5) Article 14 (1) - "States Parties shall respect the rights of the child to freedom of thought, conscience and religion." This will give children the right to object to their parents’ religious training and participate instead in religious services that their parents consider to be cults. 6) Article 15 (1) - Under this article children would have the right to freedom of association. It reads, "States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly." Parents could not prohibit their children from associating with certain other children, gangs or cults. 7) Article 16 (1) - "No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation." A child will be given a “right to privacy”. This would make it easy for children to get abortions over their parents’ objections. The parents would not even know. This would virtually negate all parental notification laws concerning abortion and any other laws or policies that require parental notification. 8) Article 28 (1) - "States Parties recognize the right of the child to education..." Under the U.N. Treaty public education would be a “right” to all children of the United States. Parents interfering with the child’s
  • 31. 31 right to choose public education would be violating his rights and could be subject to prosecution. Can you say bye-bye homeschooling? 9) Article 43 - "States parties shall undertake all appropriate legislative administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation." This article makes it clear that signatory nations would be bound to expend considerable financial resources for implementation of the CRC Treaty. 10) Article 43 (2) - This article establishes an international committee of ten experts elected by secret ballot to oversee the progress of the implementation of the treaty. America will have its domestic policy subjected to foreign control, and the sovereignty of our nation will be under threat. These are but a few of the numerous examples of how this treaty can affect our rights to homeschool let alone our rights to have parental control over our children. We do not need this treaty! We already have a massive child welfare system in place, and the havoc that would be caused by the litigation-gone-wild would be immeasurable. We must stay informed on the status of this and any other treaty as they do not go away. It appears that a constitutional amendment is what is needed to
  • 32. 32 remove the Achilles’ heel” and protect parental rights from the courts and international law. IN INDIA India ratified UNCRC on 11 December 1992, agreeing in principles all articles except with certain reservations on issues relating to 'child labour'. In India there is law that children under the age of 18 should not work, but there is no outright ban on child labor, and the practice is generally permitted in most industries except those deemed "hazardous". Although a law in October 2006 banned child labor in hotels, restaurants, and as domestic servants, there continues to be high demand for children as hired help in the home. Current estimates as to the number of child laborers in the country range from the government's conservative estimate of 12 million children under 13 years of age to the much higher estimates of children's rights activists, which hover around 60 million. Little is being done to address the problem since the economy is booming and the nuclear family is spreading, thereby increasing demand for child laborers. In India many people are still suffering from non-nutritious food, many parents are still leaving their children on riverside, in trains etc. Under the auspices of the Unicef financed Odisha initiative the Government of India is specifying the outline of a means of change and improvement in child
  • 33. 33 care, and many trusts such as childLine, Plan India and savethechildren too are taking efforts to outdate child labour from India. A few of the organisations who work with children's rights in India are Plan India, CRY (Child Rights and You), Save the Children, Bal Vikas Dhara-New Delhi, Bachpan Bachao Andolan, CHORD-Hyderabad.3 3 http://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child
  • 34. 34 CONCLUSION The Convention on the Rights of the Child is the most rapidly and widely ratified international human rights treaty in history. The Convention changed the way children are viewed and treated – 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. In every region of the world, from Brazil to Burkina Faso, Finland to Fiji, Madagascar to Mexico, the Convention has inspired changes in laws and practice that have improved the lives of millions of children.
  • 35. 35 BIBLIOGRAPHY Dr. Krishna Pal Malik Administration of Juvenile Justice in India Paras Diwan Children and Legal Protection