Child Rights

What are Child Rights?

According to its etymology, the word “child” comes from the Latin word “infans,” which means “the one who does not speak.” As per the 1989 Convention on the Rights of the Child, a child is defined as anyone who is less than eighteen years of age, unless their legal status dictates an earlier age of majority. The Indian Majority Act, 1875, states that a person becomes a major in India when they turn 18, as below 18 years is considered a minor. Since the 20th century, the idea of children’s rights has become apparent. Notably, the emphasis has shifted from the “welfare” to the “rights” approach. The main concerns of the rights approach are empowerment, equity, non-discrimination, and social justice. The United Nations Convention on the Rights of the Child (1989), an important landmark of international human rights law, embodies the rights approach. In December 1992, India became a signatory to the Convention on the Rights of the Child. Children are granted all the fundamental human rights under this treaty, allowing them to realize their full potential. These include political, social, cultural, economic, and civil rights. One of the civic rights is the defense against torture and other cruel treatment....

Child Rights

The children has various rights which includes the following:...

1. Right to Education

Education is the transmission of a society’s ideals and knowledge to children. It guides kids toward their future roles in society, helps them understand their culture, and shapes their behavior in mature ways. One of the essential rights guaranteed by Article 21A of the Indian Constitution (added by the 86th constitutional amendment) is the right to an education. It states that all children between the ages of six and fourteen must receive free, obligatory education from the state (6–14 years). The weaker segments of society, including the Scheduled Castes and Scheduled Tribes, must also have their educational and economic needs met by the state. The Parliament in the year of 2009, passed the Right of Children to Free and Compulsory Education Act. The Act guarantees education for children regardless of their financial situation. All children between the ages of six and fourteen are entitled to free and compulsory education under this program (6–14 years). Based on the central government’s Sarva Shiksha Abhiyan initiative, the state and the federal government will split the implementation’s financial burden. It also stipulates that all private and minority schools must reserve 25% of their space for economically disadvantaged groups. If the private schools break any of the Act’s provisions, they will be held accountable....

2. Right to Health

Health is the condition of total well-being socially, mentally and physically. It is more than just a lack of illness or disability. One of every person’s fundamental rights is to have the best possible level of health, regardless of their color, religion, political beliefs, or social or economic standing. One of a child’s basic requirements is for them to develop healthily, and a prerequisite for this development is their capacity to coexist peacefully in a changing environment. For the most thorough attainment of health, it is imperative that the advantages of medical, psychological, and associated knowledge be extended to everyone. The state is required by the constitution to make sure that children’s young age is not mistreated, nor is the health and strength of laborers, men, and women. It must guarantee that kids are provided with the resources and chances they need to grow up in a healthy way, with freedom and dignity. Additionally, their early years will be shielded from exploitation. Maternity benefits must safeguard the health of both the mother and the child. The state’s main responsibilities are to safeguard justice, promote public health, and provide decent working conditions. It also considers extending benefits for pregnancy, old age, disability, and illness. In addition, the state has a duty to forbid the use of substances that are harmful to one’s health, such as intoxicating alcohol. For the sake of securing citizens’ health, the state is required to maintain and enforce a pollution-free environment....

3. Right to Shelter

Adequate living space, a secure building, sanitary and clean surroundings, enough light, clean air and water, energy, sanitation, and other public utilities like roads are all included in the right to shelter. It’s a place where one may develop intellectually, physically, psychologically, and spiritually. As a result, it encompasses all the resources required to allow a person to exist and grow as a human being. The Supreme Court addresses these elements in the Chameli Singh v. State of U.P. (1996) decision. The Supreme Court in the matter of Shantistar Builders v. Narayan Khimalal Totame (1990) ruled that the right to food, clothes, a respectable atmosphere, and an acceptable place to live would all fall under the purview of the right to life. The needs of animals and humans regarding shelter are not the same. For an animal, it serves only as physical protection, but for a human, it must be an appropriate place to live that promotes growth on all fronts—mental, physical, and intellectual. As a result, the right to shelter is now a crucial component of the right to life....

4. Child Labour

Child labor is defined as work done by a child or work that a kid is forced to perform. Whether a certain type of job qualifies as “child labor” or not depends on a number of criteria. These variables include the age of the kid, the kind and quantity of labor, the hours worked, the environment in which the work is done, etc. “Hazardous work” is defined as labor that endangers a child’s bodily, mental, or moral health. Children who work in such conditions lose their youth, potential, and dignity. In the year of 1919, The International Labour Organization (ILO) was founded. It was the United Nations’ first dedicated organization to address the labor issue. The International Programme for the Elimination of Child Labor (IPEC) was launched by the ILO in 1992. Its primary goal is the progressive abolition of child labor. The Indian Constitution guarantees the fundamental right to be free from exploitation. A minor under the age of fourteen is not permitted to work in a mine, factory, or other dangerous job (Article 24). The state is required to make sure that children who are still young are not molested. The authorities must make sure that these kids aren’t compelled to work in an unsuitable profession due to financial hardships. The Child Labor (Prohibition and Regulation) Act was enacted in 1986. The Act aims to prohibit the hiring of minors in certain professions and procedures who have not reached the age of fourteen. In 2006, the legislature implemented the Child Labour (Prohibition and Regulation) Act, 1986, which placed child domestic workers up to the age of 14 who worked in restaurants, hotels, dhabas, and the entertainment sector under legal protection. This move was another step towards the complete abolition of child labor....

5. Sexual Abuse

Any sexual interaction with a child is considered child sexual abuse. Inappropriate sexual behavior with a kid is known as sexual abuse. It could be kid-adult or older child contact when the youngster is utilized to stimulate the perpetrator’s erroneous sexual desires. It is possible for someone under the age of eighteen to abuse someone sexually. The victim (kid) cannot give permission since there is a large age, development, or size difference. The term “child sexual abuse” is wide enough to cover both inter- and extra-familial (inside a family) abuse. To address this issue, the Parliament approved the Protection of Children from Sexual Offenses Act, 2012, in 2012. (Act POCSO, 2012). This Act protects children from sexual assault, sexual harassment, and the use of children for pornographic purposes. Children’s education programs are designed to raise awareness among a young audience. The primary prevention of abuse (keeping it from happening) and detection (encouraging children to disclose past and present abuse) are the two major objectives of these programs. Parents are crucial in giving their kids the self-defense skills they need. Therefore, preventing child sexual abuse starts with raising societal awareness and teaching kids about the means to avoid it....

6. Juvenile Justice

The word juvenile refers to something that is young. The field of criminal law known as juvenile justice applies to those who are not old enough to be prosecuted for crimes they have not yet committed. The child’s surroundings should be held accountable for igniting their criminal tendencies. If these conditions are met, the young person may develop into a distinguished individual. Juvenile Delinquency means the disapproved behaviour of children where they tend to show criminal behaviour The Juvenile Justice Act of 1986 served as the main legislative foundation for juvenile justice legislation in India. It addressed issues pertaining to the disposition of delinquent juveniles and offered protection, treatment, and rehabilitation for children and young offenders. The Juvenile Justice (Care and Protection) Act of 2015 has replaced all the previous juvenile acts, and it now includes “children in conflict with the law” and “children in need of care and protection” under its purview....

Conclusion

In simple terms, child rights are the important things that children should have and be protected by. These include things like the right to go to school, the right to be healthy, the right to have a safe place to live, and the right to be protected from dangerous work. Laws and rules have been made to make sure that children get these rights. It’s important for everyone to make sure that children are treated fairly and given the things they need to grow up happy and healthy....

Child Rights- FAQs

What are the sources of the legislation on child rights?...