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The most significant of all international laws for children is the UN Convention on the Rights of the Child, popularly referred to as the CRC. This, together with our Indian Constitution and Laws, determine what rights all children must have.
What is the UN Convention on the Rights of the Child? Human rights belong to all people, regardless of their age, including children. However, because of their special status - whereby children need extra protection and guidance from adults - children also have some special rights of their own. These are called children’s rights and they are laid out in the UN Convention on the Rights of the Child (CRC).
Significant features of the UN Convention on the Rights of the Child (CRC)
It draws attention to four sets of civil, political, social, economic and cultural rights:
Right to Survival includes
Right to Development includes
Right to Protection includes freedom from all forms of
Right to Participation includes
All rights are dependent on each other and are indivisible. However, because of their nature all rights are divided into:
Immediate Rights (Civil and Political Rights) which include such things as discrimination, punishment, right to a fair hearing in criminal cases and a separate system of juvenile justice, right to life, right to nationality, right to re-unification with the family.
Most protection rights fall within the category of immediate rights and therefore demand immediate attention and intervention.
Progressive Rights (Economic, Social and Cultural Rights), which include health and education and the rights that are not covered by the first category.
They are recognised in the CRC under Article 4, which states: “With regard to economic, social and cultural rights, State Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.”
The Convention on the Rights of the Child, which India has ratified, defines children as persons below the age of 18.
However, in India there are several different definitions of the child.
The Census of India defines children as those below the age of 14.
According to the Constitution of India (Article 23), “no child below the age of 14 ……
The legal conception of a child varies, however. The age of majority is 18 years for girls and 21 years for boys under the Indian Majority Act.
On the other hand, under the Indian Penal Code, the age of sexual consent for girls is 16 years.
The Juvenile Justice (Care and Protection of Children) Act, 2000 prescribes a uniform age of 18 years, below which both boys and girls are to be treated as children.
Child abuse is a state of emotional, physical, economic and sexual maltreatment meted out to a person below the age of eighteen and is a globally prevalent phenomenon.
Child abuse is a violation of the basic human rights of a child and is an outcome of a set of inter-related familial, social, psychological and economic factors. The problem of child abuse and human rights violations is one of the most critical matters on the international human rights agenda. In the Indian context, acceptance of child rights as primary inviolable rights is fairly recent, as is the universal understanding of it.
A study on Child Abuse: India 2007, conducted by Ministry of Women and Child development (GOI) revealed that across different kinds of abuse, it is young children in the 5-12 year group are most at risk of abuse and exploitation. This involves physical, sexual as well as emotional abuse.
The study throws light on the following facts:
By: Parveen Bansal ProfileResourcesReport error
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