Group 2 (Barcillano, Rellora, Turallo, and Villanueva)

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LEGAL AND MORAL OBLIGATION AND THEORY OF RIGHTS - ELOIS

V. KAMANGA

RIGHTS OF ELOIS
● It is the right of Elois to be protected in war in his home country as provided in the
United Nations Convention on the Rights of the Child.
● It is also the right of Elois to recovery and reintegration pursuant to the United Nations
Convention on the Rights of the Child. It states that children have the right to get help if
they have been hurt, neglected, treated badly, or affected by war, so they can get back
their health and dignity.1
● It is the right of Elois to bring a case against Kamanga for violations of the rights of the
child as recognized in the UN Convention on the Rights of the Child and related to the
international legal standards
● It is the right of Elois to demand remedies from Kamanga.
● It is the right of Elois to be given compensation under international law.
● In the United States Convention on the rights of the child Article 32 (1)states the rights of
Elois:

Article 32 (1)

1. States Parties recognize the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or to
interfere with the child's education, or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.

DUTIES OF KAMANGA
● It is the duty of Kamanga to hear and decide on the rights of Elois fairly
● Kamanga ratified the UN Convention on the Rights of the Child
● Kamanga ratified the Optional Protocol of the Convention on the Rights of the Child on a
communications procedure
● The African Charter on the Rights and Welfare of the Child has entered into force in
Kamanga
● In the United States Convention on the rights of the child Article 32 (1)states the duties of
Kamanga:

1
United Nations Convention on Rights of the Child,
https://www.unicef.org/media/60981/file/convention-rights-child-text-child-friendly-version.pdf
last accessed: 19 November 2023
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Article 32 (2)

2. States Parties shall take legislative, administrative, social and educational

measures to ensure the implementation of the present article. To this end, and
having regard to the relevant provisions of other international instruments, States
Parties shall in particular:

(a) Provide for a minimum age or minimum ages for admission to employment;

(b) Provide for appropriate regulation of the hours and conditions of employment;

(c) Provide for appropriate penalties or other sanctions to ensure the effective
enforcement of the present article

APPLICABLE INTERNATIONAL AND FOREIGN LAWS

● Convention on the Rights of the Child (CRC) - this is the cornerstone of children’s rights
globally and is the most ratified human rights treaty in the world. The CRC imposes
legally binding obligations on state parties to respect, protect, and fulfill the rights of the
child.2
○ Article 2 of CRC states that (1) States Parties shall respect and ensure the rights
set forth in the present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child's or his or her parent's or
legal guardian's race, colour, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status. (2)
States Parties shall take all appropriate measures to ensure that the child is
protected against all forms of discrimination or punishment on the basis of the
status, activities, expressed opinions, or 3beliefs of the child's parents, legal
guardians, or family members. 2
3
The International Labor Organization (ILO) Convention No 182 on the Elimination of the
Worst Forms of Child Labour of 1999, which provides in Article 3 Paragraphs (a)(d) ;
Article 3

2
United Nations Human Rights, Convention on the Rights of the Child, available at
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child (last
accessed November 18, 2023)
3
United Nations Office on Drugs and Crime, The Convention on the Rights of the Child and the
International Legal Framework on Children’s Rights, available at
https://www.unodc.org/e4j/zh/crime-prevention-criminal-justice/module-13/key-issues/2---the-co
nvention-on-the-rights-of-the-child-and-the-international-legal-framework-on-childrens-rights.ht
ml#:~:text=The%20CRC%20imposes%20the%20positive,or%20family%20members%E2%80%
9D%20(article%202 (last accessed November 18, 2023)
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For the purposes of this Convention, the term the worst forms of child labour
comprises:

​ (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking
of children, debt bondage and serfdom and forced or compulsory labour, including
forced or compulsory recruitment of children for use in armed conflict;
​ (d) work which, by its nature or the circumstances in which it is carried out, is likely
to harm the health, safety or morals of children.

Which they should have took action as defined in Article 6 and Article 7;

Article 6
​ 1. Each Member shall design and implement programmes of action to eliminate as a
priority the worst forms of child labour.
​ 2. Such programmes of action shall be designed and implemented in consultation with
relevant government institutions and employers' and workers' organizations, taking into
consideration the views of other concerned groups as appropriate.

Article 7
​ 1. Each Member shall take all necessary measures to ensure the effective implementation
and enforcement of the provisions giving effect to this Convention including the
provision and application of penal sanctions or, as appropriate, other sanctions.
​ 2. Each Member shall, taking into account the importance of education in eliminating
child labour, take effective and time-bound measures to:
​ (a) prevent the engagement of children in the worst forms of child labour;
​ (b) provide the necessary and appropriate direct assistance for the removal of
children from the worst forms of child labour and for their rehabilitation and
social integration;
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​ (c) ensure access to free basic education, and, wherever possible and
appropriate, vocational training, for all children removed from the worst forms
of child labour;
​ (d) identify and reach out to children at special risk; and
​ (e) take account of the special situation of girls.
​ 3. Each Member shall designate the competent authority responsible for the
implementation of the provisions giving effect to this Convention.

CALIFORNIA STATE LAW

CALIFORNIA CAL. CIV. CODE § 52.5 (2011). ACTION BY VICTIM OF HUMAN

TRAFFICKING

(a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a
civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any
combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded
attorney's fees and costs.

(b) In addition to the remedies specified herein, in any action under subdivision (a), the plaintiff
may be awarded up to three times his or her actual damages or ten thousand dollars ($10,000),
whichever is greater. In addition, punitive damages may also be awarded upon proof of the
defendant's malice, oppression, fraud, or duress in committing the act of human trafficking.4

4
International Labor Code Convention, Worst Forms of Child Labour Convention, 1999 (No.
182)
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C
182 California Legislative Information, Section Number
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=236.1.&lawCo
de=PEN
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