The Convention on the Rights of the Child (CRC) applies for children under 18.

It
recognises education as a legal right to every child on the basis of equal
opportunity. Its Article 28 guarantees free compulsory primary education for all;
progressive free secondary education that should in any case be available and
accessible to all; and accessibility to higher education on the basis of capacity. It
states the obligation of the State to take measures regarding school attendance
and discipline. It encourage international cooperation in matters related to
education, in particular elimination of ignorance and illiteracy and access to
scientific and technical knowledge. Its Article 29 defines the aims of education
and recognises also the liberty of parents to choose the kind of education they
want to give to their children and the liberty to establish and direct educational
institutions, in conformity with minimum standards laid down by the State.

The United Nations Convention on the Rights of the Child protects the economic,
social, cultural, civil and political rights of children. Here are 12 areas of child
rights that everyone should know.

1. Non-discrimination

Every child deserves equal treatment – regardless of their gender identity, sex,
sexual orientation, race, ethnicity, religion, physical appearance, ability, socio-
economic status, nationality, creed, ideology, or other personal identities.

Children with disabilities have the right to receive the accommodations they need
to thrive. Refugees should also receive help and maintain the same rights as
children born in the country they now live in. Children from minority,
disenfranchised, and Indigenous communities have the right to practise their
religion, language, culture, and customs.

2. Family

Every child has the right to live with their family. The family can be of any
structure, but the family should instil a sense of belonging, and provide a loving
and nurturing environment. Children and youth deserve to feel an attachment to
their caregivers, whomever their caregivers might be.
Children should not be separated from their parents unless one or both parents are
abusive or neglectful, or their home environment is unsafe. Children whose parents
do not live together should remain in contact with both parents unless contact
harms the child. If a child lives in a different country from their parents, the child
and parents must be allowed to travel so they can be together.

3. Health

Every child has the right to be alive. Young people deserve the best possible health
care, nutritious food, clothing, clean water, electricity, and safe housing. Children
should learn good health and hygiene habits in their schools and homes.

Children should have their mental, psychological, emotional, and physical health
checked regularly, especially if they are away from home. Governments also have
a responsibility to help families who cannot afford health expenses.

4. Protection From Harm

Every child deserves freedom from abuse. Children should be free from harmful
work, drugs, sexual abuse, human trafficking, corporal punishment, emotional and
psychological abuse, harmful detention, war, and any other forms of exploitation.

Children have the right to seek legal and medical help if they get hurt or abused.
They should be free to make complaints about abuse to a third party, and abusers
of children should receive prosecution to the fullest extent of the law.

5. Identity

Children must be registered when they are born. The national government must
recognize a child’s name and national identity, and children must be informed of
their identity.

Children have a right to receive, access and transmit documents of their own
identity. Official records should include their name, place and date of birth, and
family relations. If documentation gets destroyed or if a child’s national identity is
otherwise compromised, the government must assist the child in getting their
identity back.
6. Education

Every child has the right to an education. Primary education should be free.
Secondary education should be accessible to every child – every child should
receive the highest level of education available to them.

Education should prepare children to participate as active citizens, teaching them

about responsibility and a sense of community. They should also develop their
personalities, talents, skills, rights, and abilities while learning to respect others’
autonomy, rights, cultures and differences.

7. Freedom of Thought

Children have the right to speak, express and share what they learn, think and feel.
They may use any means of creative expression available to them unless their
expression somehow harms others.

Children can determine their thoughts, means of expression, opinions,

sociopolitical ideologies, and religious and spiritual beliefs, provided that their
thoughts do not infringe upon the rights of others. Parents should teach children to
express themselves and respect the opinions of others.

Children have the right to join or create groups and organizations. They have the
right to meet with others and advocate for change, as long as they do not harm
others.

Children have the right to give their opinions on issues that affect them. Adults
should take the concerns and opinions of children seriously.

8. Access to Information

Children have the right to transmit and receive information through the internet,
radio, phone, television, books and other resources. Adults should ensure that the
information children are transmitting and receiving is not harmful. However, they
should encourage and teach ways to access and critically process information.

Governments should make access to information as free as possible. They should

share information from multiple sources and in multiple languages.
9. Privacy

Every child deserves privacy. The law must protect children’s privacy in all areas,
including online. Personal documentation of children should not be published.

A child’s family, home, personal communications and reputation should be

protected. Victims of abuse should not have their names, faces or information
published.

10. The Arts

Every child has the right to engage in cultural and creative activities. Children
from minority populations have the right to participate in activities that the
majority populations of their country do not participate in.

Cultural activities and creative works should represent children of all backgrounds.
Children should be free from art designed to traumatize, provoke or disturb them.
However, they should receive access to and be allowed to create art that is
controversial or unpopular, without fear of censorship.

11. Reparation

If a child is victimized, traumatized, displaced, separated from their parents, or

otherwise subject to harm, they should receive reparation and rehabilitation.
Children have the right to receive help after enduring any type of pain, trauma or
neglect, so they can regain their health, dignity and identity.

Every child has the right to receive legal help and fair treatment. Governments
should provide money and resources to assist children from poor and
disenfranchised communities.

12. Government Responsibility

Governments must do everything possible to ensure that children enjoy all their
inalienable rights and develop in a safe and free society. Governments should
prioritize child rights when considering any major policy.
If the laws of a country protect child rights better than the UN Convention on the
Rights of the Child, those laws take higher priority. Governments should make
active efforts to inform children about their rights.

INTERNATIONAL CONCERN FOR THE WELARE OF

CHILDREN:-
Role of International Agencies in Child Welfare

A large number of International agencies are engaged in the field of

social development mainly the United Nations Agencies are activity
engaged in programmes which concern directly the welfare activities
of the UN Agencies. There are a number of other nongovernmental
agencies based abroad which assist in child welfare/development
programmes.

Some of these are mentioned below:

United Nations Agencies:
(i) World Health Organisation (Who):
The purpose of WHO is to assist the govt. to raise the standard of
public health, dissemination of information on medical research. The
headquarter of WHO in Geneva. The WHO assists number of
developing countries to strengthen maternal and child health services,
prevention of communicable diseases, improvement of environmental
sanitation, rural health services, health education etc. WHO had
assisted Indian in establishing primary health centres and sub centers
in rural areas.

(ii) International Labour Organisation (ILO):

It aims at improving labour conditions raising living standards and
promoting economic and social stability. ILO also assists state for
prevention, treatment and rehabilitation of working children through
the child welfare programme. Social security measures and anti-child
labour measures etc.

(iii) United Nations International Children Emergency Fund

(UNICEF):
It consists of donation and contribution for the welfare and
development of children. The donations are received from the
developed countries to be utilized for the children in developing
Countries. Since 1949 the UNICEF has been assisting the govt. of
India for a variety of child survival and development programmes.

The main programmes assisted by the UNICEF in Indian are

as follows:
(i) Applied Nutritional programme (ANP)

(ii) Integrated child development services (ICDS)

(iii)Social inputs in Area Development.

(iv) Children in specially difficult circumstances including working &

strut children.

(v) Urban basic services.

(vii) Safe drinking water and environmental sanitation.

(iv) Food and Agricultural Organisation (FAO):

It was founded on 1945 with its headquarters at Rome. It plays an
important part in increasing food production and taking measures
aiming at development of rural families with particular references to
women & children. It also helps the people of the world in their
continuing fight against hunger and malnutrition.

(v) World Food Programme (WFP):

It is a recent venture of this FAO through which efforts are made to
provide assistance in terms of food to the developing Countries. One of
the major components of the programmes is making available
donations of food from developed countries for feeding children in the
programme of combating malnutrition and under nutrition in the
developing Countries. In India the WEP has invested in a vast feeding
programme for millions of Children and pregnant women and nursing
mother’s particularly through ICDS (Integrated Child Development
Scheme) net-work.

(vi) The United Nations Educational, Scientific and Cultural

Organisation [UNESCO]:
UNESCO helps to develop text books and promotion and teaching of
national languages to the children of the migrant workers, training of
the staff for pre-school children and assists projects to set up
production of children’s book and libraries. UNESCO’s action is
concentrated on the most destitute children. Being interested in
international human rights UNESCO helped to promote long term and
short term children’s programme within the countries.

Other International Non-Governmental Agencies:

(i) Association of Montessori International (AMI):
The AMI has headquartered in England. It aims at propagating the
Montessori methods of spreading Knowledge concerning the physical
intellectual, moral, social and mental development of the child. In
India it gives technical assistance of Dr. Montessori, manufactures of
apparatus, training of teachers, study seminars etc. The organisations
functions through. Indian Organisation Concerned with-pre-school
child.

(ii) Catholic Relief Services (CRS):

It has been functioning in India as an officially recognized American
voluntary agency. Since 1957 when the Indo-US agreement was first
signed. This agreement confirmed on the organisation the privilege to
import duty free American agricultural Commodities, medicines,
medical equipment and their items for relief and development of the
poor and the needy. Food imports are utilized for programmes such as
mother and child health programme, School feeding programmes.
Food for work programmes etc.

(iii) Co-operative for American Relief Everywhere (CARE):

Its main programme in India is School and preschool feeding, which is
implemented through the receptive State govt. duly approved by the
govt. of India. Presently care’s feeding programmes are spread over in
14 States feeding approximately 8 million School and 55 million pre-
school children.

(iv) International Union for Child Welfare (IUCW):

The union has headquarters in Geneva. The Indian Council for child
welfare is its member. The union organizes conferences and seminars
assists in innovative child welfare. Projects, training of child welfare
personnel and in emergency relief programmes.

(v) Meals for millions Foundation (MMF):

MMF is a US Organisation engaged in provision, relief and prevention
of malnutrition through multi-purpose food to be supplied trough
established institutions and agencies. The organisation has assisted
school lunch programmes, rural medical programme etc.

(vi) Save the Children Fund (SCF):

The Fund operates from UK and Canada and assists in the
establishment of Children’s houses, feeding of children and providing
assistance and relief measures to children etc.

(vii) USAID:
The USAID’s interest lies in child and nutrition. It is assisting for
running though govt. of Gujarat. Its own model of ICDS projects which
includes food subsidy and special training modus. A Chinese proverb
says – “If you are planning for year, plant a seed. If you are planning
for 10 years plant trees. If you are planning for 100 years plant men.

This has laid emphasis on child welfare and nourishment. The child
welfare programmes aims at the all round development Physical,
mental, emotional and social of the child. These programmes should
be given top priority in the national planning. Co-operation and
support of all agencies private and Govt. and voluntary should be
made available for such activities of national importance. Since
children are the most valuable resources of the society. Child welfare
has assured a significant place in the national planning.

CONSTITUTIONAL PROVISIONS IN INDIA FOR THE

PROTECTION OF CHILDREN:-

Constitutional provisions which protect the rights of children in India

The constitution ensures the rights and protection of children through its various
provisions. Children on the account of their sensitive age and immature age
need special care and protection. They have specific rights and legal
entitlements that are being recognized nationally and internationally. The
constitution has recognized the rights of children to a great extent and included
many articles dealing with the compulsory and free education, liberty and
development in childhood, non-discrimination in educational spheres and
prohibition of their employment in factories, mines and hazardous conditions.

The legal provisions are:-

ARTICLE 14 – RIGHT TO EQUALITY

According to this article, the State shall not deny to any person the equality
before the law or the equal protection of laws within the territory of India.

Citizen of India including children must be treated equally before the law and
must be given equal protection by law without any discrimination or
arbitrariness. This right which is provided in the Indian Constitution protects the
rights of children so that their dignity and integrity as a child is not exploited.
Children being vulnerable have more chance to be treated unequally in the
Indian society. Article 15 of the Indian Constitution prohibits discrimination. In
Article 15(3), nothing in this Article shall prevent the State from making any
special provision for women and children. It is very clear from Article 15(3) that
“special provision” does not mean unequal treatment but it is established for the
well being and development of the children in India.

ARTICLE 21A –RIGHT TO EDUCATION  

According to this article, The State shall provide free and compulsory education
to all the children of the age of six to fourteen years in such manner as the
State may by law, determine

The Constitution (Eighty-sixth Amendment) Act,2002 inserted Article 21A in the

Constitution to provide free and compulsory education of all the children in the
age group six to fourteen years as a Fundamental  Right. There have been
many backlashes in providing education to all the children in the state. There
are many reasons for the same.  The right to education is reflected in
international law in Article 26 of the Universal Declaration of Human Rights and
Article 13 and 14 International Covenant on Economic, Social and Cultural
Rights.

Most importantly these articles ensure education to all the children irrespective
of religion, caste, gender and financial condition. This article makes sure that no
child is deprived of his/her basic education. Everyone shall be provided with
elementary education. 

ARTICLE 24 –PROHIBITION OF EMPLOYMENT OF CHILDREN IN

FACTORIES 

According to this Article, No child below the age of fourteen shall be employed
to work in any factory or mine or engaged in any other hazardous employment.

Hazardous conditions may include construction work or railway. This article does
not prohibit and harmless work. This Article provides the regulation and
prohibition of child labour in India. Child Labour is defined as the work which
deprives children of their childhood, potential and their dignity; it is something
which causes a threat to their physical and mental development.  UNICEF
estimates India with such a high population has a high rate of child labourers.
India, after its independence from the colonial rule, has passed many
constitutional protections and laws on child labour.

DIRECTIVE PRINCIPLES OF STATE POLICES

There have been many provisions in the Directive Principles of state policies
which specify how the state is responsible for the protection of rights of
children.

ARTICLE-39 – Certain principles of the policy to be followed by the state.

Article 39(e) states that the health and strength of workers, men and women,
and the tender age of children are not forced by economic necessity to enter
avocation unsuited to their age or strength.

Child Labour is one of the social evil that is forced by economic necessity; it is
the responsibility of the state to ensure that no child is subjected to any
physical or mental abuse.

Article39 [1](f) states that children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against moral and
material abandonment.

This provision also protects childhood and provides opportunities and facilities to
grow with the safe explosion.

ARTICLE 45 This provision is for early childhood care and education children
below the age of six years.

According to this provision, the State shall Endeavour to provide early childhood
care and education for all the children until they complete the age of six years.
According to this Act of the Indian Constitution, the state shall protect the child
and is responsible for the development within them. The state shall ensure the
safe growing environment, where their childhood can be experienced by
themselves without any external threat. After that, it is the responsibility of the
state to provide them with free and compulsory education 

No matter how the condition of the child is, even if they are not protected by
their own parents or they are denied with their rights by their own parents. The
State has to take strict measures for the well being of the child.

FUNDAMENTAL DUTIES

Fundamental duties refer to the basic obligations of a citizen in India. It

contains about 11 duties which are to be followed by the citizen of India.

It is defined as the moral obligation of all citizens to help promote a spirit of

patriotism and to uphold the unity of India.

I ARTICLE-51A(k) It shall be the duty of every citizen of India who is a parent

or guardian to provide opportunities to provide education for his child or, as the
case may be, ward between the age of six and fourteen years. Through this
provision, the Constitution strictly mentions the providing of education as the
duty of the parent as it is for the future and development of the country.