Transcript Presentation on Human Rights of Children A Journey from Law to

Human rights of Children
 A journey from law to love
 Kavita Sharma,
 B.Sc,LL.b LL.M, Masters In Human Rights
 Assistant professor
 PravinGandhi College Of Law
What is a Human Right?
Human rights are "commonly understood as inalienable
fundamental rights to which a person is inherently entitled
simply because she or he is a human being.”
These rights may exist as natural rights or as legal
rights, in local, regional, national, and international
law.
Human rights are thus
conceived as universal
(applicable everywhere)
and egalitarian (the
same for everyone).
Human rights are thus
conceived as universal
(applicable everywhere)
and egalitarian (the
same for everyone).
Who is a Child?
Legal age of the child in Indian law
the Constitution of India impose on the State the
primary responsibility of ensuring that all the needs of
children are met and that their basic human rights are
fully protected.
• Article 21 A free and compulsory education to all
children within the ages of 6 and 14 in such
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to provide early childhood care and
education for all children until they complete the age of
6.
• Article 51 (k) lays down a duty that parents or
guardians provide opportunities for education to their
child/ward between the age of 6 and 14 years.
The age at which a person ceases to be a child varies under
different laws in India.
Child Labour Prohibition and Regulation Act, 1986,
a child is a person who has not completed 14 years of age.
The Constitution of India protects children below the age
of 14 from working in factories and hazardous jobs.
But below 14, they can work in non-hazardous industries.
An area of concern is that no minimum age for child labour has
been specified.
criminal responsibility, the age limit is 7 and 12 under the
Indian Penal Code, 1860.
For purposes of protection against kidnapping, abduction and
related offences, it’s 16 years for boys and 18 for girls.
The Juvenile Justice (Care and Protection of Children)
Act 2000, the age is 18 for both boys and girls.
Protection of Women from Domestic Violence Act 2005 defines a
child as any person below the age of 18, and includes an adopted
step- or foster child
The History of Child Rights in India
The Indian Constitution has a framework within which ample provisions exist for
the protection, development and welfare of children.
There are a wide range of laws that guarantee children their rights and
entitlements as provided in
the Constitution and in the UN Convention.
1950 UN Declaration of the Rights of the Child -- adopted by the UN General
Assembly.
This Declaration was accepted by the Government of India.
As part of the various Five Year Plans, numerous programmes have been
launched by the Government aimed at providing services to children in the
areas of health, nutrition and education.
In 1974, the Government of India adopted a National Policy for Children,
declaring the nation's children as `supremely important assets'.
The policy provided for a
National Children's Board to act
as a forum to plan, review and
coordinate the various services
directed toward children. The
Board was first set up in 1974.
The Department of Women and Child
Development was set up in the Ministry of
Human Resource Development in 1985.
This policy lays down
•recommendations for a comprehensive health programme,
•supplementary nutrition for mothers and children,
• nutrition education for mothers,
free and compulsory education for all children up to the age of 14,
• non-formal preschool education, promotion of physical education
and recreational activities,
•special consideration for the children of weaker sections of the population
like the scheduled castes and the schedule tribes,
• prevention of exploitation of children
and special facilities for children with handicaps.
Laws Relating to Rights OF
children
 Universal Declaration Of Human Rights.
 International Convention on Rights OF Child
 The Constitution OF India
 Juvenile Justice(Care And protection rules) 2000
Universal Declaration Of
Human Rights
 Article 1.
 All human beings are born free and equal in dignity and rights.
 T hey are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood.
 Article 2. Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race, colour, sex,
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language, religion, political or other opinion, national or social origin,
property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a
person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall
be prohibited in all their forms.
Universal declaration of
human rights
 Article 5.
 No one shall be subjected to torture or to cruel,
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inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as
a person before the law.
Article 7.
All are equal before the law and are entitled without
any discrimination to equal protection of the law. All
are entitled to equal protection against any
discrimination in violation of this Declaration and
against any incitement to such discrimination
Universal Declaration Of
Human Rights
Article 25.
(1) Everyone has the right to a standard of
living adequate for the health and wellbeing of himself and of his family,
including food, clothing, housing and
medical care and necessary social services,
and the right to security in the event of
unemployment, sickness, disability,
widowhood, old age or other lack of
livelihood in circumstances beyond his
control.
(2) Motherhood and childhood are entitled
to special care and assistance. All children,
whether born in or out of wedlock, shall
enjoy the same social protection.
Convention on rights Of
Child
 UNICEF’s mission is to advocate for the protection of children’s rights, to
help meet their basic needs and to expand their opportunities to reach their
full potential. UNICEF is guided in doing this by the provisions and
principles of the Convention on the Rights of the Child.
 Built on varied legal systems and cultural traditions, the Convention is a
universally agreed set of non-negotiable standards and obligations. These
basic standards—also called human rights—set minimum entitlements and
freedoms that should be respected by governments. They are founded on
respect for the dignity and worth of each individual, regardless of race,
colour, gender, language, religion, opinions, origins, wealth, birth status or
ability and therefore apply to every human being everywhere. With these
rights comes the obligation on both governments and individuals not to
infringe on the parallel rights of others. These standards are both
interdependent and indivisible; we cannot ensure some rights without—or
at the expense of—other rights.
Constitutional Provisions
The Constitution Amendment Act (86 the Amendment )
Act,2002 .
Art 21- A added to the constitution for facilitating the
children with the right to education as a Fundamental Right
Juvenile Justice (care and
protection ) Act 2000
 An Act to consolidate and amend the law relating to
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juveniles in conflict with law
and children in need of care and protection, by providing
for proper care, protection and treatment
by catering to their development needs,
and by adopting a child-friendly approach in the
adjudication and disposition of matters in the best interest
of children
and for their ultimate rehabilitation through various
institutions established under this enactment
What do you think You see????
Role of Teachers
Who is A teacher
 imparts knowledge
 is a mentor
 is a guide
 Is a friend
 A confidante
Is a teacher one
 Who sails you through
 Who lets you dream
 Who makes you an achiever
 Who brings out the hidden virtues in you
 Who pulls you out of difficult situations
A teacher is the one
who makes you a
better human being.
Do we understand our
Children?
APPLICATION OF LOGIC
What do you see ?
How well do we know our
students
Do we tell our students?
"Every truth has four
corners: as a teacher I
give you one corner,
and it is for you to
find the other three."
--Confucius
How Well do we handle
our students?
Do we stretch our hands
towards the students?
The principal aim of the service is to increase pupils’
emotional well-being in order to improve their learning
potential.
Who is it for?
Counseling is aimed at children aged 4 to 11 years.
Children have often experienced: family problems,
such as separation and divorce
school problems,
such as bullying, academic anxiety and stress
bereavement/trauma
social anxiety
peer relationship difficulties.
Services include:
Individual counseling for children
Therapeutic group work
Consultation and support for parents and school staff.
Key outcomes
Increased resilience and
confidence
Improved behavior
family communication
Satisfactory
schoolattendance
Measures taken by the
Government