A CRITICAL STUDY ON THE GLOBAL AND CULTURAL VIEW OF CHILDREN'S

RIGHTS

Aristotle Socrates
1st Year BBA.LLB(Hons)
132202106
Saveetha School of Law
Saveetha Institute of medical and technical sciences (SIMATS)
Chennai-600077
Email id - aristotlesocrates7@gmail.com
Phone no. - 9841229590

Dr. Frederick Ruby Helen

Assistant professor of law
Saveetha School of Law
Saveetha Institute of medical and technical sciences (SIMATS)
Chennai - 600077
Email id - frederickrubyhelen.ssl@saveetha.com
Phone no: 8870430151
 A CRITICAL STUDY ON GLOBAL AND CULTURAL VIEW OF CHILDREN'S
RIGHTS
AUTHOR: Aristotle Socrates
CO AUTHOR: Dr. Frederick Ruby Helen

ABSTRACT
India was a pioneer in recognising the value of children's rights. A number of fundamental
children's rights, including protection against exploitation and dangerous employment, are also
guaranteed under the Indian Constitution. Despite the existence of numerous legal protections, it
is impossible to overstate the vulnerability of Indian children in various respects. This study aims
to pinpoint the position of children on the Indian economy's development ladder at the regional
level and demonstrates how the discrepancy in development indicators actually hastens the
nature of exclusive development. Child abuse is highlighted as the main impediment to a child's
growth. Finally, the Indian Parliament passed the 2011 Protection of Children from Sexual
Offenses Bill.

KEYWORDS
Child abuse, childrens rights, collective goods, materialism, sharing, play.

INTRODUCTION
The most vulnerable members of society—the children—are frequently the focus of social
justice activists from all over the world. From Princess Diana's charitable work on behalf of
children to the efforts of activists like Grace Abbott and Ms. Malala Yousafzai, the youngest
person to win the Nobel Peace Prize, these well-known champions of children's rights have made
admirable contributions to enhancing the lives of the youngest citizens. Malala Yousafzai and
Kailash Satyarthi, the 2014 Nobel Peace Prize laureates, have brought to our attention the
importance of continuing to advance in creating opportunities that have a significant impact on
all children. Opportunities are intended to be significant enough for individuals to acquire and
develop the perspectives and abilities that would enable them to be free. The fight by Mr. Kailash
Satyarthi to end child labour cost him numerous life threats, including bullet wounds from those
who harm children for financial gain. He and his squad stormed numerous illicit mines and
factories wearing flak jackets and with a fierce determination to free the youngsters sold into
slavery. He has been leading his movement for thirty years now. a movement with the
unambiguous goal that no kid shall be a slave. However, when one thinks of Ms. Malala
Yousafzai, education is the first thing that comes to mind. The second is girls' education. When
she was just 11 years old, in 2009, she wrote to the BBC about the custom of forbidding female
education. However, when one thinks of Ms. Malala Yousafzai, education is the first thing that
comes to mind. The second is girls' education. She wrote to the BBC in 2009, at the age of just
11, about the Taliban regime's tradition of forbidding female education in the Swat Valley (her
hometown). Her article picked up a lot of steam internationally. At such a young age, she began
to speak out in public and to the press in support of girls' education, which led to her and her
family receiving frequent death threats.In some cultures, children may be seen as vulnerable
members of society who require protection and support from adults. In other cultures, children
may be expected to take on responsibilities at a young age and contribute to the family or
community. These cultural perspectives can shape the way that children's rights are understood
and implemented. Despite these differences, there is a growing recognition around the world of
the importance of protecting children's rights. This includes efforts to improve access to
education, healthcare, and other basic needs, as well as efforts to protect children from harm,
exploitation, and abuse. As we continue to work towards a more just and equitable world, it is
important to prioritize the rights and well-being of children, both globally and within our own
cultural contexts. The "Convention on the Rights of the Child," a landmark in international
human rights law, had a significant role in putting all child-related concerns on the national and
worldwide agenda. Additionally, it has actively mobilized campaigns for the global achievement
of children's rights and development. The Child Rights were not adopted in a single day thanks
to a campaign. It required several years of activity and movements to incite activities to promote
children's wellbeing as well as to shape favorable, constructive, and positive views towards
children. The success of child well-being outcomes is influenced by the great efforts put out to
implement the Convention, the significant sums of money given to this cause, and the overall
effectiveness of the systems put in place for the execution process.Over the last 20 or so years,
implementation of the Convention and its effect on child well-being varied from country to
country and from one region of the world to the other. Based on analysis, there has been
outstanding progress at a global level in addressing the issues related to children. These include
progress in access to services, reaching their fullest potential through education, enactment of
laws that upholds the principle of the best interests of children, and child survival. Even if
significant progress has been made, there is still a long way to go until children's rights are fully
realized in developing nations, especially India. Despite the existence of all necessary laws and
policies, enforcement efforts are lacking. A number of issues prevent the laws from being
implemented effectively and act as impediments. The situation of disadvantaged children and
young people in India is dire and requires immediate attention due to the country's comparatively
low success rate in reaching concrete child development outcomes. They are not given the
opportunity to enter a school. They are left on the streets to fend for themselves. They experience
various types of violence. Even basic healthcare is unavailable to them. Every day, they endure
brutal and terrible treatment. They are youngsters who are being denied their rights; they are
innocent, youthful, and lovely. The rights of children have been ratified the most times in the
history of human rights. Child Rights are the minimal rights and freedoms that should be granted
to every citizen under the age of 18 regardless of race, national origin, color, gender, language,
religion, opinions, origin, wealth, birth status, disability, or any other factor.

OBJECTIVES

● To study about children's rights

● To analyze and understand the necessity of children's rights.
● To observe the status of execution of those rights.
● To examine the effectiveness of these rights

REVIEW OF LITERATURE
Ursula Kilkeli (2001) conducted a study on The Best of Both Worlds for Children’s Rights
Interpreting the European Convention on Human Rights in the Light of the UN Convention on
the Rights of the Child. Their research method was longitudinal, even data collected through
demographic means. As a regional instrument for the protection of human rights, the European
Convention on Human Rights (ECHR) has always worked effectively. However, in the fields of
private and public family law, the protection of human rights, and the European Court of Human
Rights, the European Commission for Human Rights and the European Court of Human Rights
have significantly contributed to European law and practice.

Freeman(2015) This study expresses that the UN Convention on the Rights of the Child forms
part of a broader, utopian vision of the "best interests of the child" favored by UN institutions.
Their research method was literature survey or doctrinal research. This view is rooted in theories
of natural law and legal positivism going back to the Age of Enlightenment, and is a more recent
arrival into the extended family of "universal" rights.

Hanson , et.al.,(2013) This study examines that the original "rights of man" was very much a
creation of a privileged land-owning class in America inspired by their republican counterparts
among the French and English. Their research method was longitudinal. Emancipation has been
a work in progress however unevenly expanding its reach over the last 200 hundred years.
Notwithstanding minor acknowledgements of cultural and regional pluralism- for example, the
statement that the definition of childhood may differ in countries that legalize adulthood prior to
age 18-the values reflected in the declaration correspond to ideals anchored in Western history.

Milteer,et.al.,(2012) This study examines the necessity of the right to play, however, it is
grounded in scientific scholarship that simultaneously uses the right to play to advance its own
scholarly agenda. The analysis of qualitative data from interviews conducted using a semi
structured format. A child's right to play is argued for by pediatricians who claim that play is an
aspect of the "optimal developmental milieu"

Goneo,et.al( 2015) This study expresses about the necessity of play for optimal developmental
outcomes has been established as a credible scientific finding, but there remains a general lack of
consensus on what constitutes play, concern over the privileged status of Western notions of
pretend play, and a lack of critical perspectives on children and childhood that posit children as
participants in families, communities, and cultures. They used a literature review method. This
analytical chasm makes play vulnerable. We would argue, further, that the elevation of play into
a fundamental human right without both a clear definition of aspects that may be universal and a
sense of the variability of play in relation to culture and context may render the overall edifice of
children's rights more vulnerable as well.

Habermas (2001) This study expresses that "This does not mean that the answer found in the
West is the only one or the best one, but it does mean that the space for dialogue between
universal and contextual perspectives must enable both critique and reconstruction of human
rights discourse. They used literature. The research method is qualitative study. It also means
that we must recognize plural conditions for and modes of dialogue, as well as see how those,
too, may be constrained by Western perspectives.

Holzscheiter (2010) This study expresses that In the nineteenth century, the construction of the
image of an ideal childhood as we know it today started. Their research method was qualitative
and data collected through interviews. The idea acknowledged children as vulnerable and
helpless, and thus, needed special assistance. In the twentieth century, through
institutionalization and politicization of childhood, children became a subject of national and
international politics. The aim is to protect children universally from certain 'realities' and
miseries.

Reynaert et al. (2009) This study is the Research relating to the CRC have three predominant
themes. Autonomy and participation rights as the new norm in children's rights practice and
policy, children's rights , parental rights and the global children's rights industry. Their research
Method was qualitative and data collected through interviews. They concluded the research by
saying the results are discussed in the context of recent developments in the study of children's
rights.
Kallio (2012) This study expresses that the CRC has led childhood discourses and represents an
idea of childhood on a global level. Thus, children's voices tend only to be heard if they confirm
the CRC's discourse of childhood. Their research method was a literature survey.The image of
childhood is not diverse enough to include children's views based on the 'wrong childhood'
continues to state that UNICEF does not acknowledge children's voices if they do not follow a
normative childhood. An example of this is that UNICEF portrays all children married before the
age of 18 as oppressed and underprivileged. Nevertheless, marriage and childbirth at a young age
in some socio-cultural and geo-economic places can be crucial for providing these children with
good living standards and wellbeing.

Konstantoni et.al (2017) hegemonic status of the CRC can lead to situations where particular
children's voices are ignored. Their research method was longitudinal. However, human rights
practice might become more sensitive to the complexity of childhood by applying an
intersectional approach. Hence, relating childhood to dynamics such as race, class, gender, and
specific places in the world one could dismantle the idea of a hegemonic conception of
childhood .

Hill Collins et.al (2020) This study expresses that children's rights is a complicated task, and
there is a need to be aware of the diversity among children. Their research method was
longitudinal. When working within social work, these hegemonic structures need to be
acknowledged and encountered. Because of social inequality, these structures affect children
differently depending on, such as, their race, class, gender, sexuality, and where in the world they
live.

Alana Lentin (2004) This study expresses the importance of acknowledging social structures in
society when fighting racism. Their research method was literature survey or doctrinal research.
According to the author, acknowledging it solely as an individual issue is an inaccurate
theorization of 'race.' Thus, states will fail to cope with institutionalized racism in political and
social structures.
Laird (2016) This study expresses the CRC creates a context that excludes children in some
parts of Africa. The CRC is used to describe how children should be cared for and what is a good
childhood. Their research method was longitudinal. However, these values are based in the
western world and not necessarily applicable in an African context. Hence, it can be harmful to
apply practices based on these views in all places, because it might end up trying to "fix"
something that is not a problem in a particular context. The author talks about child protection
services and that if these are applied with CRC's western views in Africa, many parents will be
questioned just because they live in another way.

Carbado et al. (2013) This study expresses the limitation and exclusion of children's diversity
could be understood as the absence of an intersectional perspective. The analysis of qualitative
data from interviews conducted using a semi structured format. It acknowledges the diversity of
people and people's multiple identities The problem representation does not include more social
categories than age and sex. Thus, it excludes particular groups of children. Intersectionality can
provide an understanding of subordinated groups, and it can dismantle the dominant systems that
limit the discourses around the problem representation.

Crenshaw (1991) This Study expresses the Discursive and subjectification effect could then
include alternative ideas and views of the issue and the subjects. The analysis of qualitative data
from interviews conducted using a semi structured format. The approach could also make more
children feel heard and seen, and professionals might be able to have a more inclusive
understanding of children's changing identities. For example, the intersectional perspective could
provide an understanding for children without citizenship. These children might belong to other
subordinated groups too, but because of their citizen status, the problem representation excludes
them.

Ingram (2008) This study expresses the right to have rights and how rights often get connected
to the right to citizenship . The analysis of qualitative data from interviews conducted using a
semi structured format. Children without citizenship do not have their civil rights fulfilled and
might not have the right to legal and social protection and support in the country where they live.
Hence, with an intersectional perspective, one could see how structures affect and help children
differently depending on their identities. A structural perspective could explain and help the
needs of a more significant variety of children.

OHCHR (2020) This study states that Our perceptions of ourselves and others change when we
experience new things and as we develop. Thus, the social groups I mention in this thesis might
not represent all children around the world. Nevertheless, it highlights the need for understanding
children in different ways concerning their identities.The analysis of qualitative data from
interviews conducted using a semi structured format. As mentioned in the analysis, the lack of
acknowledgment for other social groups in the world can have affected the report's choice to
only focus on age and sex. Thus, the international sphere has accepted those concepts by
adopting or ratifying these documents .

Crenshaw (1989) This study included experiences of children identifying as LGBTQ+, countries
that criminalize homosexuality might not have accepted the campaign. The analysis of
qualitative data from interviews conducted using a semi structured format. However, by not
acknowledging the subordinated groups, UNICEF strengthens the idea that these groups do not
exist, or their needs are not essential for the fight against violence. Hence, if there is specific
violence against these children that is not acknowledged, the children will continue to be hurt,
and the discrimination against the subordinated groups can continue.

Collins et.al, (2014); This study expresses that Children's rights, like human rights, are inherent,
inalienable, and universal. This declaration advanced the idea that all human beings regardless of
age, gender, ethnicity, and other differences are of equal value and ought to be treated equally.
After decades of discussion, the move from an ethical declaration to a legal convention enabled
the UNCRC to become legally binding in 1990. The analysis of qualitative data from interviews
conducted using a semi structured format. Set within a framework of human rights legislation,
the rights advanced are positioned as indivisible, interrelated, and interdependent, and offer a
clear and binding guideline for the treatment of children: defined as individuals under the age of
18, unless a country has laws setting the legal age of adulthood at a younger age. The framework,
however, both facilitates and constrains the conceptualization and implementation of the
UNCRC.
Thurlow (2009) This study defines and delineates key concepts between stakeholder groups,
intermediality directs its analysis towards the intersection and connection of ideologies and
practices expressed through concepts used by stakeholders involved in the processes of meaning
and sense-making of children's rights.

METHODOLOGY
The analysis of qualitative data from interviews conducted using a semi structured format.The
research method used here is descriptive in nature. The research sampling has been conducted
using convenience sampling and the total number of samples used for analysis is 218. The
research collected information from relevant samples through a questionnaire. The sample frame
taken in Poonamallee depot, chennai. The Independent variables utilized in this study are age,
gender and income of the respondent. The dependent variables are the worst challenges faced by
the children nowadays in this society, the existing government schemes given to protect the
rights of children is effectively executed in our country.
Legend: Fig. 1 Shows the distribution of age of the respondents.
Legend: Fig. 2 Shows the distribution of the gender of the respondents.
Legend: Fig. 3 Shows the educational qualification of the respondents.
Legend: Fig. 4 Shows the occupation of the respondents.
Legend: Fig. 5 Shows the distribution of income of the respondents.
Legend: Fig. 6 Shows the opinion on the worst challenges faced by the children nowadays in this
society.
Legend: Fig 7 Shows the opinion on proper securities and protection to the children in the
society.
Legend: Fig. 8 Shows the respondents opinion on government schemes given to protect the
rights of children in our country.
Legend: Fig. 9 Shows the respondents opinion on article 21A in the constitution of india to
provide free and compulsory education of all children in the age group of six to fourteen years.
Legend: Fig. 10 Shows the respondents opinion on measures proposed by the government for
protection of child rights.
Legend: Fig. 11 Shows the graphs representing the opinion of respondents of various gender
stating about the worst challenges faced by the children nowadays in this society.
Legend: Fig. 12 Shows the graph representing the opinion of respondents of various gender
stating about the securities and protection to the children in the society.
Legend: Fig. 13 Shows the graph on the opinion of the respondents of various age groups on
government schemes given to protect the rights of children is effectively executed in our country.
Legend: Fig. 14 Shows the graph on the opinion of respondents with different educational
qualifications on government schemes given to protect the rights of children is effectively
executed in our country.
Legend: Fig. 15 Shows the graph on the opinion of respondents with different educational
qualifications stating about the scale of measures proposed by the government for ensuring the
protection of child rights.
Legend: Fig. 16 Shows the graph on the opinion of respondents with different occupations
stating about the proper securities and protection to the children's rights.
Legend: Fig. 17 Shows the graph on the opinion of respondents with different occupations
stating that the government schemes given to protect the rights of children are effectively
executed in our country.
Legend: Fig. 18 Shows the graph on the opinion of respondents with different occupations
stating about the worst challenges faced by the children nowadays in the society.
RESULT

It is revealed that 79.36% of the respondents are between the ages of 19 to 29 years, 8.72% of
the respondents are between the age of 30 to 40 years, and 11.93% of the respondents are above
41. (Fig 1)

It is revealed that the percentage of male respondents are 70.18%, the percentage of female
respondents are 22.94%, and the 6.88% of respondents prefer not to say the gender. (Fig 2)

It is revealed that the educational qualification. With 10.09% being higher secondary school,
58.26% being undergraduates, and 31.65% being postgraduates. (Fig 3)

It is revealed that the occupation of respondents with 10.09% in the government sector, 62.39%
in the private sector, 18.81% undergoing self employment, and 8.72% are unemployed. (Fig 4)

It is revealed that 10.09% of the respondents were earning less than 10000 per month, 19.72% of
the respondents earned between 10001 to 20000, 29.36% of the respondents earned between
20001 to 30000, 26.61% of the respondents earning above 30000, 14.22% are with no income.
(Fig 5)

It is revealed that the worst challenges faced by the children nowadays in the society, were
15.60% of the respondents agreed to health issues, 5.05% of the respondents agreed to lack of
education, 7.80% agreed to survival issue, 31.19% agreed to exploitation in the form of child
labour, and 40.37% agreed to violence and abuse. (Fig 6)

It is revealed that the respondents of 19.72% voted for yes, 80.26% for no for the given
statement. (Fig 7)

It is revealed that 8.72% of the respondents agreed to the statement given. Another 13.76% of the
respondents have taken a neutral stance, 65.60% of the respondents disagreed with the statement,
11.93% of the respondents strongly disagreed with the statement. (Fig 8)
It is revealed that 57.34% of the respondents voted for yes, 42.66% of the respondents voted for
no for the given statement. (Fig 9)

It is revealed that the respondents agreed to the statement with a rating of 8.72% as 1, 25.69% as
3, 27.06% as 4 and 38.53% as 5 for the given statement. (Fig 10)

It is revealed that 15.60% of female respondents agree that worst challenges faced by the
children nowadays in the society is health issues, 5.05% of male respondents agrees to the
statement as lack of education, 7.80% of male for survival issue, 16.97% of male and 6.88% of
female agrees to the statement as exploitation in the form of child labour, 40.37% of male agrees
to the statement as violence and abuse. (Fig 11)

It is revealed that 19.72% of male voted for yes, 50.46% of male voted for no, 22.94% of female
for no, and 6.88% of respondents who prefer not to say the gender voted for no to the statement.
(Fig 12)

It is revealed that 8.72% of respondents with age group between 30 to 40 years agrees to the
statement, 13.76% of respondents with age group of 19 to 29 years have taken a neutral stance,
65.60% with age group of 19 to 29 disagrees to the statement, 11.93% of respondents with age
group above 41 strongly disagrees to the statement for the given statement. (Fig 13)

It is revealed that 8.72% of undergraduates agree to the statement, 13.76% of undergraduates

have taken a neutral chance, 10.09% of higher secondary school, 35.78% of undergraduates,
19.72% of postgraduate disagrees to the statement, 11.93% of postgraduate strongly disagrees to
the given statement. (Fig 14)

It is revealed that 8.72% of undergraduate rated for 1, 10.09% of higher secondary school and
undergraduate rated for 3, 15.14% of undergraduate and 11.93% postgraduate rated for 4,
19.72% of undergraduate and postgraduate rated for 5 for the given statement. (Fig 15)
It is revealed that 19.72% of respondents working in the private sector voted for yes, 10.09% of
respondents of government sector, 42.66% of private sector, 18.81% of self employment, 8.72%
of unemployed voted for no for the given statement. (Fig 16)

It is revealed that 8.72% of unemployed agrees to the statement, 6.88% private sector voted for
neutral stance, 55.50% of private, 10.09% of government sector voted for disagree, 11.93% of
self employed respondents strongly disagreed to the statement. (Fig 17)

It is revealed that 15.60% of private sector, agrees to health issues, 5.05% of private sector for
lack of education, 7.80% of private sector respondents voted for survival issue, 10.09% of
government, 14.22% of private, 6,88% of self employed respondents voted for exploitation in the
form of child labour, 19.72% of private, 11.93% of self employed, 8.72% of unemployed voted
for violence and abuse. (Fig 18)

DISCUSSION

In figure 9, the majority of the respondents voted for yes for the statement that article 21A in the
constitution of india to provide free and compulsory education to all children in the age group of
six to fourteen years as a fundamental right is effectively executed in the country, because Article
21A, a fundamental right that is subject to judicial review, was added as a result of the
Constitution (Eighty-sixth Amendment) Act of 2002. One of the aspects of this amendment,
which is the exclusion of early childhood care and education (for children younger than six years
old) from the scope of the justifiable right, attracted a substantial amount of criticism. It is crucial
to recognise that there was no mistake on the side of Parliament in this. The fact that the right to
primary education is now an absolute right while the state still has some latitude in terms of its
obligation to provide early childhood care and education, shows that the Parliament’s intention
was to move the goalposts in terms of enforceability. In addition to this, education was slowly
gaining momentum in terms of budgetary allocations and program execution.

In figure 11, the majority of the male respondents , 40.37%, voted for violence and abuse for the
statement of the worst challenges faced by the children nowadays in the society, because
Violence and abuse can cause physical harm to a child, which can have long-lasting physical and
emotional consequences. Children who experience violence and abuse can suffer from emotional
trauma that can affect their mental health, self-esteem, and ability to form healthy relationships
in the future. Interferes with education and future success. Overall, violence and abuse can have
a devastating impact on a child's physical and emotional well-being, as well as their ability to
thrive in the future. It is important to protect and support children who are at risk of experiencing
violence or abuse, and to provide them with the resources they need to heal and recover from
their experiences.

In figure 12, the majority of the male respondents voted for no for the statement about the
securities and protection to the children in the society. Because the lack of protection and
security for children in society is a serious issue that can have devastating consequences for their
physical, emotional, and psychological well being. This includes implementing laws and policies
that protect children from abuse and exploitation, providing education and support for parents
and caregivers, and creating safe and supportive environments for children to grow and thrive.

In figure 13, the majority of the respondents of the age group of 19 to 29, disagreed with the
statement that the government schemes are not effectively executed to protect children’s rights.
Government schemes must be well-funded and designed with a clear plan of action for
implementation. They must also be monitored and evaluated regularly to ensure that they are
achieving their intended goals. However, it is important to note that even with effective
implementation, government schemes may not always be enough to fully protect children's
rights. It is also the responsibility of individuals, families, communities, and civil society
organizations to work together to create a safe and supportive environment for children to grow
and thrive.

In figure 18, the majority of the respondents of the private occupation voted for violence and
abuse for the statement, the worst challenges faced by the childrens in the society. Violence and
abuse can cause physical harm to a child, which can have long-lasting physical and emotional
consequences. Children who experience violence and abuse can suffer from emotional trauma
that can affect their mental health, self-esteem, and ability to form healthy relationships in the
future. Interferes with education and future success.

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Management, 22(5), 459-579. ISSN 2357 7588

LIMITATION
The limitation of this study is that it is one time research conducted over a period of time .
Another limitation is that the research data collected was from a small size population of 218
samples. The respondents were from the age group of 19 to 25. Convenient sampling method has
been used in this study.

CONCLUSION
In conclusion, the global and cultural view of children's rights is essential for understanding how
children's rights are perceived, protected, and promoted in different parts of the world and within
various cultural contexts. It is crucial to explore the similarities and differences in how children's
rights are defined and understood across different societies, cultures, and legal systems, as this
can provide insights into the challenges and opportunities involved in promoting and protecting
the rights of children worldwide. The research can identify the most pressing challenges facing
children's rights globally and culturally and effective strategies for ensuring that children's rights
are respected and upheld in all cultures and societies. By working together, international
organizations and governments can ensure that children's rights are protected and promoted
globally, regardless of cultural differences. Ultimately, ensuring that all children have access to
their fundamental rights is essential for creating a fair and just world for future generations.