Child Rights

Children are the most vulnerable

section of our society.
 History
• 1924 – Geneva Declaration of the Rights of the Child
• 1948 – UDHR Article25(2) provides Motherhood and
Childhood are entitled to special care and assistance.
All children, whether born IN or OUT of the wedlock ,
shall enjoy the same social protection.
• 1959 – Declaration on the Rights of the Child…. Legal
protection before as well as after birth.
• 1966 – ICCPR. Article 24 Each child shall be registered
immediately after birth and shall have a name and
nationality
 History
• 1966- ICESCR Article 10(3) Children and young
persons should be protected from and social
exploitation…
• 1974- Declaration on the Protection of
Women and Children in Emergency and
Armed Conflict.
• 1989 – Convention on the rights of the Child.
Convention on the Rights of the Child, 1989

• Adopted on 20th November 1989

• Entered into force on 2nd September 1990
• 196 - state parties (except the United States)
• Two optional protocols ,2000
• Third optional protocol, 2011
• Article 1 – 54 .
• Part III- Signature ,Accession ,Amendment ,
Reservation (46-54)
• Part II- Committee on the Rights of Child (42 -45)
 CRC, 1989
• Part I ( 1 – 41)
• Article 1 – 4 . General Provisions of the
Convention.
• Article 1 – A child means every human being
below the age of 18 years.
 Civil Rights of the Child

• Right to Life
• Right to name and nationality
• Right to identity
• Right to expression
• Right to freedom of expression and information
• Right to freedom of thought, conscience and religion
• Right to freedom of association and peaceful assembly
• Right to privacy
• Right to access to information
• Cultural rights of minority group Children
 Right to Family Environment
• 5- 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
• 9- a child shall not be separated from his or her
parents against their will.
• 10- A child whose parents reside in different
states shall have the right to maintain on a regular
basis
 Right to Family Environment
• 11- take measures to combat the illicit transfer and
non-return of children abroad
• 18 – all appropriate measures to ensure that children
of working parents have the right to benefit from child-
care service and facilities for which they are eligible.
• 19- all appropriate Legislative, Administrative, Social
and Educational measures to protect the child from all
forms of Physical and Mental violence, Injury or Abuse,
Neglect or Negligent treatment, Maltreatment or
Exploitation, including Sexual Abuse
 Right to Family Environment
• 20- a child temporarily or permanently
deprived of his or her family environment shall
be entitled to special protection and assistance
provided by the State. Eg foster placement,
kafalah of Islamic law, adoption,etc
• 21- State parties that recognise and permit the
system of adoption shall ensure that the Best
Interests of the Child
 Right to health and special care
• 6(2)- the child’s survival and development must be
ensured to the maximum possible extent
• 23- mentally or physically Disabled child should enjoy
a full and decent life
• 24- to diminish infant and child mortality, abolishing
traditional practices prejudicial to the health of
children. Eg Female circumcism
• 27- to secure the recovery of maintenance for the
child from the parents or other persons having
financial responsibility for the child
 Right to social security
• 26- the right to benefit from social security,
including social insurance and shall take the
necessary measures to achieve the full
realization of this right in accordance with the
national law.
 Right to Education
• 28-31: make primary education compulsory
and available free to all.
• Encourage different forms of secondary
education,
• Make higher education accessible to all
• Encourage regular attendance at schools and
reduction of drop-out rates.
 Rights against exploitation

• 32, 36 : protected from economic exploitation.

• Provide minimum age for employment.
• Hours of employment and conditions
• Provides penalties to ensure the effective
enforcement
 CRC
• 33: Right to protection against drug abuse. To
protect children from the illicit use of narcotic
and psychotropic substances. Prevent use of
children in the illicit production and trafficking
of such substances.
• 34: Right against sexual exploitation and sexual
abuse. Protect children from – unlawful sexual
activity, prostitution, pornographic
performances and materials.
 Right against traffic in Children

Article 35: State Parties shall take all

appropriate national, bilateral and
multinational measures to prevent - the
abduction, the sale of or traffic in children for
any purpose or in any form.
Right of a child who is seeking refugee status

• 22. to ensure that a child who is seeking

refugee status or who is considered a refugee
– whether unaccompanied or accompanied by
parents or any other person, shall receive
appropriate protection and humanitarian
assistance .
 Rights in administration of justice
• 37,40,41: no child shall be subjected to torture
or other cruel inhuman or degrading treatment
or punishment.
• The arrest, detention or imprisonment of a child
shall be in conformity with the law.
• Care,guidance, counselling, foster
care,education,etc shall be available to ensure
that children are dealt with in a manner
appropriate to their well-being.
Right to special protection in Emergency

• Article 38: (1) ensure respect for rules of

international humanitarian law applicable to
them in armed conflicts which are relevant to
the child.(2) who are not attained 15 yrs not to
take direct part in hostilities.(3)State parties
shall refrain from recruiting any person who
has not attained the age of 15yrs.
Right to social integration of a child victim

• 39: A child victim of any form of – neglect,

exploitation, abuse, torture or any other form
of cruel, inhuman or degrading treatment or
punishment or armed conflicts shall be given
physical and psychological recovery.
Right of a child of a migrant worker

• 30: Each child of a migrant worker shall have

the basic right of access to education.
• 40: The state shall take appropriate measures
to ensure the protection of the unity of the
families of migrant workers.
 Committee on the Rights of Child
• 42,43,45: Committee shall consist of 18
experts of high moral standing and recognized
competence in the field covered by this
Convention. Shall be elected by secret ballot
from a list of persons nominated by States
Parties. Each party may nominate one person
from among its own nationals. Elected for a
term of 4yrs, eligible for re-election.
 Signature,Accession,
Amendment,Reservations
• Article 46 : deal with signature
• 47: Ratification
• 48: Accession
• 49: Enter into force
• 50: Amendment
• 51: Reservation
• 52: Denunciation
• 53: Deposition
• 54: Languages of texts.
 Optional Protocol
• Optional Protocol on the involvement of children
in armed conflicts, 2000
• Article1. To ensure that members of armed
forces who have not attained the age of 18 years
do not take a direct part in hostilities.
• Part II, III
• IV (1) Armed groups that are distinct from the
armed forces of a State should not, under any
circumstances, recruit under 18yrs.
 Optional Protocol
• Optional Protocol on the Sale of Children,
Child Prostitution and Child Pornography,2000