aerye PEP nis News Fef splits Republic of China ki Individual Complaints. So far ; Women has consider thee Optional Protocol ca : untries since eae into for ubjetts such as domestic violenc of property, rental Teave. Six complaints were rej ack 1s had not exhausted dom the complainan ae The in Hungary (2005)-—In this case, the Commi d violated numerous Articles of the Convention by fa ‘women against domestic violation It recommended that the mmediately from the abusive former partner and handling of domestic viol media the The recommendation was for a law allowing prot recommendations were implemented by the tin “report to the Committee in 2006 periodic rep Dung Thi Thuy Nguyes v. The Ne Committee expressed concems and aspects of Netherlands. It therefore recommended that the Dut further formation of the number of women combining p employment with self employment and revic law revealed thal significant number of women were disadvantaged AS. v. Hungary (2006)—In A. 8. v. Hungary, the Committee the forced sterilization of a Roman in Hungary violated the Co: recommended compensating the complainant for the breach of her review of legis|{tion-in~cases of sterilization to ensure if com International Human Rights standards and ongoing monitor Medical facilities to ensure that any changes were put into practice Cases of Shide Goekce (deceased) v. Austria and Fatma Y (Deceased) v. Austria (2007)-—In these cases the Committee ruled that Austrian Government was filing to protect women from domestic viclence recommended strengthening the implementation and monitoring of sesh domestic violence laws and greater training for police. <: Y oye °3-—\v0 ( (8 Convention onthe Rights ofthe Child G985)S--viavking owes w chitetthe best it has f0 give”. This was proclaimed by the De Rights of the Child adopted by the General Assembly on Nov The Declaration on the Rights of the Child set forth in the well-being of every child, Earlier the Univers: LAR Rights proclaimed in Article 25 (2) that motherhoos and childhood are +, entitled to special care and assistance. The ten pri ciples of the Declaration Sm Rights of the Child (1959) are following : Citra Yaa Manan vi ROT, BERGA SC MOLL posh h Va a in. Vee bate onan ce Boost he hae, Dene Fg claration on be 10 principles, a code fo: al Declaration of HumanONVENTIONS ON NTIONS ON HUMAN RIGHTS ve rr ¢ em (sive deint \ were coun principie 1.—The child shalt Enjoy ah the rights se crc wighout discrimination ¥ AX tne eights st in ths Dasa ation . a eee entitled to these jon or discrimination on account of race, colowy er fon, political or other opinion, national or social origin aoe estas, whether of himself or of fis amily. _ Principle 2 srtunities and facilitie child shall be the paramount tions of freedom and dignity. In t nis purpose, the best interests of the 3,—The child shall be entitled {from his birth to a name nd Principle 4.—The child shalhenjoy the benefits offsocial security. He shall be entitled to grow and develop in health; to this end-speeial care and be fection shall be provided both, to hi ‘and his mother including adequate rotmtal and post-natal care, The child ‘shall have the right to adequate Tuon, housing, recreation and medical services . principle 5.—The child who is physically, mentally or socially Feadicapped 3hall be given the special treatment, education and care required \ ge his particular condition. Principle 6.—The child; for-the full and harmonious development of his personality feeds love and understanding: ‘fie shall, whenever possible, grow up in the care an se ility of his parents, and in any case, in 2% 5 d-under the Fespo! SProsphere of the affection and of areval and material security, a child of sare years shall not, save in exceptional ‘ircumstances, be separated from his rpother- Society-and_the publi¢ Tuthorities shall have the duty to extend particular care to children without a familyend to those without adequate Penns of support, payment of cee and other assistance towards the aaeentenance of children of lange families 15 desirable. Principle 7—The child is entitled * receive Giucatiow wich shall be free and compulsory, atleast in the preliminary stages. He shal be given an ane sGon which will promote his genera) {ture and enable him, on basis of equal opportunity, to develop his ‘pilities, his individual judgment, and his sense of moral and social responsi ity, and to become a ‘useful member of society. . a the guiding principle of those responsible for his education and guidance that responsibility lies in the first place with his parent. TP eon) ‘ The child shall have full opportunity for play and recreation) which should be directed to the same purposes as educat ; soctety and ¢ the public arehcvities shall endeavour to promote the ‘employment of this right. Principle 8—The child shall, in all circumstances, be among the first to i receive protection and relief. anant on EC of and welfai protec es of sons with Children and y mld be age or other conditions. Chi ; s ‘conomic and social discrimination. T c to their morals or health or dangerous © TN c ae ‘velopment should be punishable by law! a mal development a below which the paid employment of Chil 4 punishable by law mavenant on Civil and Political Ri etn for the protection and rights of child in Articles which is mainly concerned with family as the natural ai anit of Society refer to the children in Para 4 of the Article ¢ of dissolution of marriage provision shall be made for th protectarofany children. Article 24, which is fully devote right of the child provides that every child shal ‘crimination as to race, colour, sex, language, religion. >rigin, property or birth, the right to such measures required by his status as a minor, on the part of the fan e. Besides this, every child shall be registered birth and shall have a name. Moreover, every child has t The International Cor nationality. These references in important international conventior international community was well aware of the problems of childre: the world yet these scattered references were considered not adequate tc protection and welfare of the children, It was proposed that there should be separate Convention on the_rights Of the child which should deal exhaustively with all aspects of the problems of children. In 1976, the Ge Assembly proclaimed the year, 1979 as the International Year of the Child an. decided that the year would hav as Tt objective-> a (a) to provide frameworks for advocas cy on behalf of child: for enhancing the awareness of the special needs of ube on the part ofthe decision makers and the public: and aight hat the for the uld be deal eneral d and id for n the be aN agral part of « * CM) Convent article C fed by consensus by the by the Assembly Presid ident, Joseph N. Garba, shat TICE, James P Crant hailed the Co i ‘laren The Convention has defined a child as "eve 1 i ch Te Cvs menage ‘Obligation of the State Parti \der the Convention on the st ion on the Rights of the | respect ind ensure that Fight child 198921). States 8 in th set Convention to each child within their jurisdiction ‘w out BeSmination of any kind, respective of the cis o his ot her pares of eA aal ethnic or social origin, property, disability, birth or other statu es to ensure that the 9. State Parties shall take all appropriate me ‘all forms of discrimination or punishment status, activi ced opinions; or beliels of the child’s pare srdians, or family members. (Article 2) (i). In all actions concerning children ‘whether undertaken by public or prigate social welfare institutions, Courts of law, administrative authorities rvegislative bodies, the best interests of the child shall be a primary child is protected again: xP legal gua onsideration = Shite Parties undertake to ensure the child's such protection and cars ic necessary for his or her well being taking into aecount th rights and vanes of his or her parents, legal guardians or other individuals legally responsible for him or her and to this ends shall take all appropriate legislative and administrative meastres (Article 3) Tai) state Parties shall take all appropriate legisitNts, administrative lementation of the tights recognized in the nth regard to economic, social and cultural rights State Teen measures to the maximum extent of thet he framework of international and other measures for the: present Convention, Parties shall undertake available resources and where needed, within 1 cooperation. (Article 4) x. (Gv) State Parties shall respect the responsibilities, rights and duties of cA’parents, or where applicable, the members of the extradited family or (Smmunity as provided for by local custom Tegal guardians or other persons legally responsible for the child, to provide in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention (Article 5) »\ Sete Pasgrco((v))L. State Parties shall put their best efforts to ensure recognition of the al Pave common responsibilities for the upbringing priteiple that both parents have common TSPON—and developments ofthe child parents or asthe ease may Be lego} Eve sre the peimany responsibility for the upbringing and develor Te. The bat nfrets of the child wil be ther basic concer prevnt Convention Stas Partie shall endet_appropr te antional measures to protect the child from the all forms soi and edveational measures 10 Pro i from he al parents, legal guardians or any other person who has care of the ch 3} ° .tus1((vi) State Parties that recognise or permit th ensure that the best interests of the child shall be u consideration. (Article 21) o4((viil State Parties shall take appropriate measur Awho-is seeking refugee status or who is considered a re international or domestic law and procedures shall, whet accompanied by his or her parents or by any othe perso protection-and humanitarian assistance in the enjoyment o' cable set forth by this Convention and in other internationa humanitarian instruments to which the said States are Parties. (iii) State Parties agree that the education of ww GAGES EE cree CE Ema personaly, talents and mental and physial ables to thelr fallent potential filgtretereipaen cree ioe ee Se United Nations {c)_ the development of respect for the child's parents, his o cultural identity, la¥guage and values, for n country in which the child is living, the coun she may originate, and for civilizations (4) the preparation of the child for responsible the spirit of understanding, peace, toleranc friendship among all peoples, ethnic, national and persons of indigenous origin: (e) the development of respect for the natural environm. 29) a (ix) State Parties undertake to protect the child from alll form exploifation and sexual abuse. For those purposes, State Parjaw applicable to then t2%°° in theKEY INTERNATIONAL CONVENTIONS ON HUMAN RIGHT (iii) to have the matter determined without delay by a competent independent and impartial authority or judicial body in a fair hearing according to law, in’ the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or e education his or her parents or legal guardians vy) not to be compelled to give testimony or to confess guilt 5 mony or to confess guilt, to examine or Rave examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality v) if considered to have infringed the penal law, to have the decision and any measures imposed in consequence thereof reviewed by @ higher competent independent and impartial authority or judicial body according to law (vi) to have the free assistance of an interpreter if the child cannot and or speak the language used ; under vii) to have his or her privacy fully respected at all stages of the proceedings. [article 10 (Ellas cael Other Main Provisions.—Besides the above-mentioned rights of the child, here are a number of provisions in the Convention seeking the welfare and n of the child. These include the following main provisions Parties shall respect the responsibilities, rights and duties of parents, deal with family reunification “in a positive, humane and Expeditious manner” and combat the ilicit transfer and non-return of children abroad. (ii) A minority or indigenous child shall not be denied the right to his or h&r own culture, religion or language. (iii) A mentally or physically disabled child should enjoy a full and decent life Nantes aoa: liv) A child who is capable of forming his or her own views should have the right to express those views freely in all matters affecting the child including any judicial and administrative proceeding, (v) Capital punishment or life imprisonment shall not be im josed for offerices committed by persons under 18, (vi). State Parties shall establish a minimum age below which children shall be presumed not to have the capacity to infringe the penal law. we eS (vii) State Parties shall take all feasible measures to ensure that children under 15 do not take part in hostilities and shall refrain from recruiting them into their armed forces. sie (viii) The best interests of the child shall be the paramount consideration for adoption. otedTONAL LAW AND INDIAN Law UNDER INTERNATIONAL L 7 HUMAN RIG 1% f the Child was on the Rights of t e Convention on For coming into force, the C is requirement having been sr required t9 be ratified by 20-Sate Parties. This requirement having beer g ie tion came into force on Septemt 2 Februan C 200, the : id, T9BT Fas as many as 193 State 5 an on the Rights of Chil vB 2008, the Conventio se " ts an “s fat u2y the Convention provides aa __ Implementation of the Convention. Aticle 4 forthe Convention proves c that for the purpose of examining the progress made undertaken in_the present pe eee ase a ae peeeseaeen sihe prese ne Rights of th he Committee shall consist of ten experts oF hij i ae Scie ica eae in the field covered by the Cog Cr at Cannio he State Parties have Undertaken to submit to the Committee, throug | erage reports on the measures they have ' AM Secretary General of the United Nations reps one ane adopted which give effect to the rights recognized herein and on the p: made on the enjoyment of those rights (a) within two years of entry into force of the convention for the State RB Party concemed ; Se (P) thereafter every five years the Committee shall submit to the Lx a General Assembly, through the Economic and Social Council, every Ga two Years; reports on its activities, Further, State Parties shail Se make their reports widely available on to the public in their own Bs countries 201 Jarage tonCoste the effective implementation of the Convention and to Cor ee ee IMME Rb vered by the Connon Article 45 of the Convention provides ‘ © (a) the specialized agencies, the United Nations Children’s Fund, and a the cone Nations organs shall be entitled to be resreonsoant Fe tos such proven the Present Convention as fall within the Scope of their mandate = () the committee shall transmit, as it may consider appropriate to ae other eeialized agencies, United Nations Chilarer? Fund and % other competent bodies, any reports fromm stare Parties that contain ee ae tic cr or assistance, a alongwith the Committee's observations arc} Suggestions, if any, of these requests and indications; i the {@) the Committee may recommend tothe Genera Assembly to request = jas Secretary General to undertake on ing behalf studies on specific es issues relating to the rights of the child : as (d)_ the Committee may make suggestions a oe based o1 ee resent Convention, Su i : Proc shall be transmitted to-any Stave ar er Bene : appr the General Asse ther With gos allox Parties ) their Chaldosea *— Ayt AM, bit Labor [rl titan Regalo) Ack 1986 MH > C- olka eerie \KEY INTERNATIONAL CONVENTIONS ON HUMAN RIGHTS The Convention on the Ri: landmark but'the real pr Convention. The implement: ights of the Child has rightly been hailed as a foblem remains is that of implementation of the ‘ation machinery under the Convention is very weak. Thé Committee on the Rights of the Child-has-no-teeth-Tr can’ simply. makesuggestions and recommendations. Therefore, international cooperation and sincere national efforts are required to improve the lot of millions of enna who are the victims of violation of human rights all over the world The Convention on the Rights of the Child (1989) has certain shortcomings and drawback. The Conventions provide only one method of implementation ie, reporting procedure. The other two methods (i) Inter-State Communi- cations and (ii) Individual Communication are conspicuous by their absence in the Convention. If the State Parties to the Convention really mean and intend what they have agreed under the Convention, they should strengthen the implementation machinery. The Committee on the Rights of the Child should be strengthened by giving teeth to it and other two methods of implementation namely, Inter-State Communication and Individual Communication should be the Conven tons \ ie (1) Optional Protocol to the Rights of Child on the Involvement of “Children in Armed Forces, (2000).—This Optional Protocol was adopted by the General Assembly on 25 May, 2000. This Protocol entered into force on 12 February, 2002. This Optional Protocol aims to ensure that the children below the age of 18 are not permitted to take part in armed conflicts. As of February, 2014, 153 countries have become parties to First Optional Protocol to the Convention the Rights of Child. It may be noted that non-State actors and Guerrilla forces are forbidden from recruiting anyone under the age of 18 years for any purposes. Committee on the Rights of the Child (CRC)—Committee on the Rights of the Child (CRC) is the body of 18 independent experts that monitor implementation of the Convention on the Rights of the Child by State Parties. It also monitors implementation of two Optional Protocols to the Convention— (i) on involvement of children in armed conflict and (ii) on sale of children, child prostitution and pornography. The Committee on the Rights of the Child held its 65th Session in Geneva from 13th to 31st January, 2014. (10) (11) Optional Protocol to the Convention on the Rights of the Child or the Sale of ‘Childsen, Chile Britton snd Domnoese Ty sfocol aime to Optional Protocol was adopted on 25 May, 2006. This optional col aims to prohibit sale of children, child prostitution and pornography. By 2 July, 2008, 127 countries have ratified this Optional Protocol. As of January, 2014, II Protocol has been ratified by 166 countries. { (21) (11D Optional Protocol on the Rights of the Child on Communication Procedure.—On 19th December, 2011, the United Nations General Assembly approved Third Optional Protocol on a Communication Procedure which will allow individual children to submit complaints regarding-specific violation, of their rights under the Convention and its first two Protocols. 5 > Cart) te mm Fe\ys