Vinay Sharma , BA.

LLB 3 Year
(Regular).
Status Of Women And Children
The United Nations has a long history of addressing women’s human rights and much progress
has been made in securing women’s rights across the world in recent decades. However,
important gaps remain and women’s realities are constantly changing, with new manifestations
of discrimination against them regularly emerging. Some groups of women face additional forms
of discrimination based on their age, ethnicity, nationality, religion, health status, marital status,
education, disability and socioeconomic status, among other grounds. These intersecting forms
of discrimination must be taken into account when developing measures and responses to combat
discrimination against women. Similarly in the context of the protection of rights of children and
elimination of discrimination against them, various measures have been adopted by the United
Nations in safeguarding their wellbeing for their better growth and realization of their potential,
still in many fields they are being exploited for various purposes around the globe. The world
made an extraordinary commitment to all children through its adoption of the Convention on the
Rights of the Child. But today, many of those commitments have not been acted upon, and the
rights of too many children are violated daily. Finally, selected areas of human rights women and
children are examined together with information on the main works of United Nations human
rights mechanisms and others pertaining to these topics.

STATUS OF WOMEN IN INDIA

India has given equal status to women under its Constitution under Article 14 which provides
that “The State shall not deny to any person equality before the law or the equal protection of
laws within the territory of India .” the Constitution also provides under Article 15 that every
female citizen has a right to access to shops, pubic restaurants , hotels and places of public
entertainment and no restriction can be imposed on female citizens with regard to the use of
wells, tanks and bathing ghats, roads and places of public resort maintained wholly or partly by
State funds. Article 16 of the Constitution provides that there shall be equality of opportunity for
all citizens (including women) in matters relating to employment or appointment to any office
under the State.
Indian courts on the basis of above constitutional provisions have regarded a number of rules and
regulations as discrimination against women, and consequently, unconstitutional. In the case of
C.B. Muthamma v. Union of India,1 validity of the Indian Foreign Service (Conduct and
Discipline) Rules of 1961 was challenged. The Supreme Court held that the provisions in Service
Rules requiring a female employee to obtain the permission of the Government in writing before
her marriage is solemnized and denying right to be appointed on ground that the candidate is a
married woman are discriminatory against women. In Air India v. Nargesh Meerza,2 the
Supreme Court struck down the provisions of the Rules which stipulated the condtion that
services shall be terminated on her pregnancy as unconstitutional. In Maya Devi v.State of
Maharashtra,3 the requirement that a married woman should obtain her husband’s consent before
applying for public employment was held invalid and unconstitutional. In Pratibha Rani v. Suraj
Kumar,4 it was held by the Supreme Court that it cannot be said that upon entering into
matrimony the Stridhan property of the married woman has to be placed in the custody of her
husband.

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

The Beijing Declaration and the programe of action had regarded domestic violence as a human
right issue and a serious deterrent to development. In order to provide effective protection of the
rights of women who are victims of violence of any kind occurring within the family, the
Protection of Women from Domestic Violence Act, 2005 was enacted by the Parliament.
Domestic violence has been defined by the Act under section 3. Any person who has reason to
believe that an act of domestic violence has been, or is likely to be committed, may give
information about it to the concerned Protection Officer. 5 An aggrieved person or a Protection
Officer or any other person on behalf of the aggrieved person may present an application to the
Magistrate seeking one or more reliefs under the Act.6

1
A.I.R. Supreme Court 1979.
2
A.I.R. 1981 Supreme Court.
3
ISCR (1986) .
4
A.I.R. (1985) Supreme Court.
5
Section 4(1). The State Government shall such member of Protection Officers in each District as it may consider
necessary. [Section 8(1)].
6
Section 12(1).

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Children’s rights in the human rights framework

The Convention on the Rights of the Child sets out the rights that must be realized for children to
develop their full potential, free from hunger and want, neglect and abuse. It reflects a new
vision of the child. Children are neither the property of their parents nor are they helpless objects
of charity. They are human beings and are the subject of their own rights. The Convention offers
a vision of the child as an individual and as a member of a family and community, with rights
and responsibilities appropriate to his or her age and stage of development. By recognizing
children's rights in this way, the Convention firmly sets the focus on the whole child.

The Convention and its acceptance by so many countries has heightened recognition of the
fundamental human dignity of all children and the urgency of ensuring their well-being and
development. The Convention makes clear the idea that a basic quality of life should be the right
of all children, rather than a privilege enjoyed by a few. 

Despite the existence of rights, children suffer from poverty, homelessness, abuse, neglect,
preventable diseases, unequal access to education and justice systems that do not recognize their
special needs. These are problems that occur in both industrialized and developing countries. The
near-universal ratification of the Convention reflects a global commitment to the principles of
children's rights. By ratifying the Convention, governments state their intention to put this
commitment into practice. State parties are obligated to amend and create laws and policies to
fully implement the Convention; they must consider all actions taken in light of the best interests
of the child.

Rights under the Convention on the Rights of the Child

The Convention on the Rights of the Child was the first instrument to incorporate the complete
range of international human rights— including civil, cultural, economic, political and social
rights as well as aspects of humanitarian law. The articles of the Convention may be grouped
into four categories of rights and a set of guiding principles. By clicking on any of the categories
below, you can link to a plain-language explanation of the applicable articles in the Convention.
Additional provisions of the Convention (articles 43 to 54) discuss implementation measures for
the Convention, explaining how governments and international organizations like UNICEF will
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work to ensure children are protected in their rights. You can see the full text of the Convention
by clicking on the link in the box on the right.

Survival and development rights : These are rights to the resources, skills and contributions
necessary for the survival and full development of the child. They include rights to adequate
food, shelter, clean water, formal education, primary health care, leisure and recreation, cultural
activities and information about their rights. These rights require not only the existence of the
means to fulfil the rights but also access to them. Specific articles address the needs of child
refugees, children with disabilities and children of minority or indigenous groups.

Protection rights : These rights include protection from all forms of child abuse, neglect,
exploitation and cruelty, including the right to special protection in times of war and protection
from abuse in the criminal justice system.

Participation rights : Children are entitled to the freedom to express opinions and to have a say
in matters affecting their social, economic, religious, cultural and political life. Participation
rights include the right to express opinions and be heard, the right to information and freedom of
association.  Engaging these rights as they mature helps children bring about the realization of all
their rights and prepares them for an active role in society. The equality and interconnection of
rights are stressed in the Convention

Human rights provisions

Children and young people have the same basic general human rights as adults and also specific
rights that recognise their special needs. Because the Convention on the Rights of the Child
(CRC) brings together rights articulated in other international treaties there are many parallels
between the Convention and other treaties.

The five other core human rights instruments are: the International Covenant on Civil and
Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights
(ICESCR); the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (Torture Convention); the International Convention on the Elimination of All Forms
of Racial Discrimination (Race Discrimination Convention); and the Convention on the

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Elimination of All Forms of Discrimination against Women (Women’s Convention). Among
other rights found in the Convention on the Rights of the Child and shared with one or more of
these instruments are:

Non-discrimination (Article 2): All human rights instruments prohibit any discrimination—
distinction, exclusion, restriction or preference—in the provision, protection and promotion of
rights. In other words, everyone has the human rights in these treaties, irrespective of their race,
sex, religion, national origin or any other trait. Right to life (Article 6): also found in Article 6 of
the ICCPR; 

 Right to freedom from torture or cruel, inhuman or degrading treatment (Article 37).
 Right of detained persons to be treated with dignity (Article 37): Article 10 of the ICCPR
broadly states this right and the Convention on the Rights of the Child specifies that children
in this situation must be treated in a way that takes their age into account;
 Right to freedom of thought, conscience and religion (Article 14): found in Article 18 of
the ICCPR;
 Right to freedom of opinion and of expression (Article 13): found in Article 19 of the
ICCPR;
 Right to adequate standard of living (Article 27): found in article 11 of the ICESCR; 
 Right to health and health services (Article 24): found in Article 12 of the ICESCR; and
 Right to education (Article 28): found in Article 13 of the ICESCR.
UNICEF's role in the monitoring process

The Convention on the Rights of the Child is the first human rights treaty that grants a role in its
implementation to a specialized United Nations agency—UNICEF. Under the Convention,
UNICEF has a legal obligation to promote and protect child rights by supporting the work of the
Committee on the Rights of the Child. In addition to contributing advice and assistance to the
Committee, UNICEF facilitates broad consultations within States to maximize the accuracy and
impact of reports to the Committee.

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Protecting children from commercial sexual exploitation

The Optional Protocol on the sale of children, child prostitution and child pornography draws
special attention to the criminalization of these serious violations of children's rights and
emphasizes the importance of increased public awareness and international cooperation in efforts
to combat them. It supplements the Convention by providing States with detailed requirements to
end the sexual exploitation and abuse of children and also protects children from being sold for
non-sexual purposes—such as other forms of forced labour, illegal adoption and organ donation.

Allowing children to submit complaints, appeals and petitions

This Protocol allows the Committee on the Rights of the Child to hear complaints that a child’s
rights have been violated. Children from countries that ratify the Protocol can use the treaty to
seek justice if the national legal system has not been able to provide a remedy for the violation.
The Committee is able to hear complaints from children, groups of children or their
representatives against any State that has ratified the Protocol. The Committee is also able to
launch investigations into grave or systematic violations of children’s rights and States are able
to bring complaints against each other, if they accepted this procedure.

UNICEF and the CRC

The fundamental mission of UNICEF is to promote the rights of every child, everywhere, in
everything the organization does. Thanks to its global presence in nearly every country in the
world, UNICEF is able to reach places others cannot, and thus is uniquely positioned to make a
difference in the lives of children. UNICEF has more than 60 years' experience working for
children and is the only organization specifically named in the Convention on the Rights of the
Child as a source of expert assistance and advice. In advocating to protect children's rights, to
help meet their basic needs, and to expand their opportunities to reach their full potential,
UNICEF helps to strengthen laws and policies and to improve understanding of the Convention
at all levels of society.

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CONCLUSION

The women’s human right is a very broad and elaborate subject As it is an international subject,
it includes every right of women in a global manner. The relationship between international law
and municipal law is very complex one, and this relationship in regards to women’s human right
cannot be explained in one single line. Women had to face the violation of women’s human
rights from generation after generation either in the form of violence or suppression in the name
of religion. It is an endless effort of women from prehistoric period till date to recognize the
rights of women and their violation. Unconscionable violence is perpetuated against children in
every part of the world. Children are at risk of life-threatening abuses on the streets, in schools,
where they work, and in institutions. In too many cases, children are betrayed by the very
individuals responsible for their protection and well-being: their teachers, their employers, their
guardians, the police and members of the armed forces. Violence against children—including
torture, beatings, sexual violence and murder—is so horrific that even concerned individuals may
be tempted to assume it is a distant phenomenon and tuck the issue away for lack of immediacy.
These accounts, however, demonstrate how widespread this deadly epidemic is and how close to
home.