Child Protection

1. INTRODUCTION TO CHILD
RIGHTS

2. • Know the definition of Child and their Rights
• Understand the importance of Child Rights
• Comprehend UNCRC and History of Child Rights
• Know the types of Child Rights
• Understand the stakeholders to ensure Child Rights
After completion of the course, students will be able to:
LEARNING OBJECTIVES:

3. • Children are the futureof ourcountrythus it is logical to invest in a
child is to invest our common future.
• Children are the most vulnerable group of our society and are
often being subjected to abuse, exploitation, neglect, lack of
health care and education etc.
• Everychild has right to lead a decent life
• In India 440 million arechildren which is about 40% of the total
population of our country.
• As a concerned citizen, it is important toensure their rights and
valueand dignity
INTRODUCTION

4. In simple words, rights are common claims of people which every civilized
society recognizes as essential claims for their development. They are
therefore enforced by the state irrespective of their age, caste, class,
religion or gender etc.
Human Rights are Child Rights too. International Human Rights
instruments recognizes that Children as well as adults have basic Human
Rights. Child Rights are the specialized Human Rights that apply to all
human beings below the age of 18 because of their vulnerability to
exploitation and abuse
WHAT ARE RIGHTS?
DO CHILDREN HAVE THE SAME RIGHTS WHICH
ADULT HAVE?

5. “I want education” and
“I have the right to education”
“I want education” impresses a desire /wish.
This is THE NEED
and
“I have the right to education” impresses upon a
just claim with corresponding obligation on the
part of someone to provide education .
This is THE RIGHT
DIFFERENCE BETWEEN NEEDS AND RIGHTS

6. Needs Based Rights Based
Focus on resolution of the present
problem
Concern for underlying root causes
Concern for identified few children Universal & concern for all children
Needs are usually ranked in some
sort of hierarchy, where some needs
are more important than others
Rights cannot be ranked, they are
indivisible and equally important
Once Goals for certain needs are
met, there is an assumption that
need has been eliminated
Until a right is full realized, it
continues to be violated (80% is not
enough)
NEEDS AND RIGHTS BASED APPROACH

7. Child rights refers to:
A set of legally binding norms and standards for the care and
protection of children- that apply to all children at all times in all
situations
Key treaties:
• Convention on The Rights of Children (CRC)
• The Convention on the Elimination of all Forms of Discrimination
Against Women (CEDAW)
• Convention on the Rights of Persons with Disabilities (CRPD)
• African Charter on Human and peoples’ Rights
• African Charter on the Rights and Welfare of the Child
WHAT IS MEANT BY CHILD RIGHTS?

8. What is UNCRC and why it is special?
The United Nation Convention on the Rights of the Child is a comprehensive,
internationally binding agreement on the rights of children, which was adopted by the
United Nations General Assembly in 1989. It is the most widely ratified convention on
human rights treaty in history.
The age of a child has been defined inversely by
several legislations in India. However, Juvenile
Justice Act 2015, among is the major legislation
which claim that a child means every human
being below the age of eighteen years.
As per United Nations Convention on the Rights
of the Child (CRC), 1989, a child means every
human being below the age of 18 years. This is
a universally accepted definition of a child and
ratified by most countries including India in Dec.
1992.
DEFINITION OF A CHILD?

9. • Children are more vulnerable than adults to the conditions under
which they live.
• Hence, they are more affected than any other age group by the
actions and inaction of governments and society.
• In most societies, including ours, views persist that children are
their parents’ property, or are adults in the making, or are not yet
ready to contribute to society.
• Children are not seen as people who have a mind of their own, a
view to express, the capacity to make a choice and an ability to
decide.
• Instead of being guided by adults, their life is decided by adults.
• Children have no votes or political influence and little economic
power. Too often, their voices are not heard.
• Children are particularly vulnerable to exploitation and abuse.
WHY DO CHILDREN NEED SPECIAL RIGHTS ?

10. India with 1.21 billion people constitutes as the second most
populous country in the world. Children represents 39% of total
population of the country, thus children are important.
Adult
61%
Children
39%
Child Population
Adult Children
Data Source: Census of India 2010-11
WHY IS CHILD RIGHT IMPORTANT?

11.  Over one billion children have been denied their childhood
worldwide(UNICEF Report)
 About 63 per cent of children in India undergo scarcityoffoodand 53 per cent
suffer from chronic malnutrition
 27 million are severely underweight and 33 million have never been to
school
 National Drop-out Rate at the Elementary Level is over 40% (DISE, 2011-
12)
 Around 25 to 30 million children in India spend their lives on the streets in
a poisonous environment.
 6.6 million children have a damaged brain from iodine deficiency
 The National Family Health Survey has revealed that over 70 per cent
of the children in many states suffer from iron deficiency
 11.8% children in India are engaged in some form of child labour
 Nearly 45% girls get married before the age of eighteen years
 Only 54% children received full immunization (DLHS- III, 2007-08)
STATUS OF CHILDREN IN INDIA

12. The 19th century marked the start of child rights. The child began to be
considered as a being in need of protection. For the first time in
Europe, laws were passed governing child labour. Different legal texts
progressively encouraged or made education obligatory for young
children. Society recognized the fact that the child could not be dealt
with in the same way as an adult.
1924 The Geneva Declaration remains the first international Human
Rights document in history to specifically address child rights.
1946 The United Nations General Assembly establishes the
International Children’s Emergency Fund, UNICEF, with an
emphasis on children throughout the world.
1948 The United Nations General Assembly passes the Universal
Declaration of Human Rights, in which, Article 25 entitles
mother and child to ‘special care, assistance’ and ‘social
protection’.
EVOLUTION OF CHILD RIGHTS

13. 1959 The United Nations General Assembly adopted the Declaration of
the Rights of the Child on 20 November, 1959. It was an expansion of
Geneva Declaration from five principles to ten basic principles
named UN Declaration of the Rights of the Child.
1966 With the International Covenants on Civil and Political Rights and on
Economic, Social and Cultural Rights, United Nations Member States
promises to uphold equal rights – including education and protection
– for all children.
1989 The International Convention on the Rights of the Child is a treaty
adopted by the United Nations General Assembly in 1989. It is a
landmark achievement for human rights, recognizing the roles of
children as social, economic, political, civil and cultural actors.
2000 The United Nations General Assembly adopts two Optional
Protocols to the 1989 Convention on the Rights of the Child.
Contd..

14. Non-discrimination
(Article 2). All rights apply to all children
without exception.
The best interests of thechild
(Article 3). “Best interests” covers all
decisions affecting boys and girls. In any
action involving children, their best
interests should be the primary
consideration.
The right to survival and
development
Article 6). This article goes further than
simply granting children the right to live.
It includes the right to survival and
development.
Participation and respect for the
views of thechild
(Article 12). In order to determine what is
in a child’s best interests it is both logical
and necessary that the child should be
listened to and have his or her views
taken seriously.
UN CONVENTION INCLUDES FOUR ARTICLES
(GUIDING PRINCIPLES) WITH SPECIAL EMPHASIS ON:

15. • Preamble — provides the context for the CRC
• Part I — Articles 1 — 41 set out substantive provisions for
child rights
• Part II — Articles 42 — 45 provide for monitoring and
implementation
• Part III — Articles 46 — 54 cover the arrangements for
entry into force
Please follow the link if you want to read more on UNCRC articles.
https://www.ohchr.org/en/professionalinterest/pages/crc.aspx
UN CONVENTION ON THE RIGHTS IS DIVIDED
INTO FOUR PARTS

16. The UNCRC consists of 54 articles covering all four major categories of child
rights
TYPES OF CHILD RIGHTS

17. • Right to parental guidance consistent with the child’s
evolving capacities (Art. 5)
• Right to life, survival, and development (Art. 6)
• The child has the right to be a name and nationality. The
child has right to know and be cared for his or her
parents. (Art.7)
• Right to live with his parents and not to be separated
from them unless this is necessary for the best interest
of the child (Art. 9)
• Right to enter or leave a state party for the purpose of
family reunification and to maintain relations (Art. 10)
• Right to highest standard of health and medical care
attainable (Art. 24)
• Right to benefit from social security including social
insurance (Art. 26)
• Right to adequate standard of living (Art. 27)
Rights that are necessary for the existence of the child
1. RIGHT TO SURVIVAL

18. • Right to life, survival, and development (Art. 6)
• Right to access to information and material from
diverse sources and media (Art. 17)
• Right to Development through Parental responsibility
(Art. 18)
• Right to access standard healthcare and medical
services (Art.24)
• Right to education which aims at developing the child’s
personality, talents, and mental and physical abilities
to the fullest extent (Art. 28 and 29)
• Right of children of minority communities and
indigenous populations to enjoy their own culture and
practice their own religion and language. (Art.30)
• Right to recreation and cultural activities (Art. 31)
Rights that ensure that a child is given all opportunities to develop his/her
potential and evolve into a well-rounded individual
2. RIGHT TO DEVELOPMENT

19. • Right to protection from all forms of
maltreatment, abuse and neglect (Art.19)
• State has an obligation to provide
protection for children without family
(Art. 20 & 21)
• Right to protection of refugee children
and children with a disability (Art. 22 &
23)
• Right to protection from Child labour,
Drug abuse, Sexual exploitation, Sale,
trafficking, abduction, torture,
deprivation, Arm conflicts or any other
exploitations (Art. 32 to 39)
• Right of children in conflict with the law
to treatment which promotes his/her
dignity and worth (Art. 40)
Rights that guarantee that a child is safe from any dangerous influence or
situations that may be prejudicial to the child
3. RIGHT TO PROTECTION

20. • Right to and for it to be taken into account in any
proceeding affecting him/her (Art. 12) express
his/her opinion freely
• Rightto freedom of expression, receive, and
impart information (Art. 13)
• Right to freedom of thought, conscience, and
religion (Art. 14)
• Rightto freedom of association and of
peaceful assembly (Art. 15)
• Rightto protection if privacy, family,
home, or correspondence (Art. 16)
Rights that guarantees a child is heard and given a voice in any
decision-making process that affect him/her
4. RIGHT TO PARTICIPATION

21. Those with an obligation to respect, promote and
realize child rights are called ‘duty bearers’ or Child
Rights Stakeholders. The State is the main duty
bearer, including everyone who works for the State,
like police officers, lawyers, teachers and social
workers. The State maintains ultimate responsibility,
but it may delegate some responsibilities to others
(such as private companies or civil society groups).
The international community also has obligations to
support the State in fulfilling its child rights
responsibilities. Parents and other caregivers may be
described as secondary duty bearers.
CHILD RIGHTS STAKEHOLDERS

22. Contd..

23. • Child at the centre: The guiding principle is suggestive of keeping children
and children’s issue central to any and all actions taken.
• Best Interest of the Child: This principle lays down that one must act in the
best interest of children.
• Child Friendly: The staff must adopt a child friendly behavior when in
contact with the children
• Gender Sensitive: The principle lays down that the staff must be gender
sensitive and treat both girls and boys similarly.
• Practice non-discrimination: Children who come in the child care
institutions belong to diverse backgrounds
KEY PRINCIPLES OF WORKING WITH CHILDREN

24. • Empathy and Sympathy: The principle lays down that the staff must empathize
and sympathize with a child who comes in contact with them.
• Accountability: The principle of accountability lays down that every individual
staff who come in contact with the children must take accountability of any
action taken for the child.
• Choices: Staffs and other functionaries dealing with children have to understand
the choices that the child has made within the limits of his/her particular
developmental context.
• Diversion and restorative justice: We should employ a restorative justice
approach which offers guidance and opportunities to further a child’s moral
development and encourages them to take responsibility for their actions.
Contd..