Convention On The Rights Of The Child

Monitoring how the convention is being implemented by the ratifying countries falls within the purview of the UN Committee on the Rights of the Child, which is made up of 18 independent experts. Their governments are expected to report to and appear earlier the UN Committee on the Rights of the Child on a regular basis so that they can be questioned about how well the convention is being implemented and how the state of children's rights is in their nation. The committee's website contains their reports as well as written opinions and concerns.

Monitoring how the convention is being implemented by the ratifying countries falls within the purview of the UN Committee on the Rights of the Child, which is made up of 18 independent experts. Their governments are expected to report to and appear before the UN Committee on the Rights of the Child on a regular basis so that they can be questioned about how well the convention is being implemented and how the state of children's rights is in their nation. The committee's website contains their reports as well as written opinions and concerns.

Optional Procedures

On May 25, 2000, two optional procedures were approved −

• Children's participation in armed conflicts is constrained by the First Optional Protocol.

• The Second Optional Protocol outlaw’s child pornography, child prostitution, and child sales.

The convention covers the rights and needs that are unique to children. The "nations that ratify this agreement are destined to it by international law," according to the requirement. The best comforts of the child must be considered by ratifying states.

States are required by the treaty to let parents carry out their parental responsibilities. The treaty also recognizes children's rights to privacy protection, abuse or exploitation protection, and the ability to voice their ideas and have them heard and appropriately considered. It demands that no excessive intervention be made in their lives.

Cultural Relativism and Universal Norms

The concept of universal human rights was seriously contested during the 1993 International Conference on Human Rights in Vienna by a number of states, most notably China, Indonesia, Malaysia, and Iran. There are unsolved difficulties between "universalistic" and "relativistic" tactics in the creation of norms and tactics intended to stop or defeat the exploitation of children's ability to work.

Slavery And Child Marriage

Several academics connect juvenile marriages to oppression and practices that are similar to slavery. The convention does not specifically recognize child marriage as slavery.

There are 41 articles in the UN Convention, each of which describes a different kind of right. These rights intermingle with one alternative to generate a single, cohesive collection of rights; they are not prioritized in terms of priority.

These articles can be categorized under the following headings as a typical strategy −

• Survival Rights − encompass the child's right to life and the necessities for life itself, such as food, shelter, a decent standard of living, and access to healthcare.

• Protection Rights − consist of the freedom of thought, conscience, and religion, as well as the right to play, leisure, cultural activities, education, and access to information.

• Development rights − Make sure children are protected from all types of abuse, neglect, and exploitation. This includes providing special care for refugee children, protecting children in the criminal justice system, protecting children in the workplace, and providing protection and rehabilitation for children who have experienced any type of exploitation or abuse.

• Participation rights − include a child's right to freedom of speech, the ability to participate in decisions that impact their own lives, the ability to join organizations, and the right to peaceful assembly. Children should be given more opportunities to participate in social activities as they grow, preparing them for adulthood.

States Party

A state that expressly agrees to be bound by the treaty is referred to as a "party" in this context.

Every member of the UN, with the exception of the United States, has either ratified or accepted the rights outlined for the child under eighteen or below the age of majority in that state. As of July 12, 2022, 196 countries (some with stated reservations or interpretations) are parties to the UNCRC treaty.

India

The UNCRC was approved by India on December 11th, 1992, with some reservations regarding child labor but with general agreement to all provisions. Although child labor is technically illegal in India, there is a rule that states that minors under the age of 18 should not work. With the exception of those classified as "dangerous," where age restrictions apply, the practice is often authorized in the majority of businesses. Despite the fact that a law banning child labor in lodging establishments, dining establishments, and as domestic helpers went into effect in October 2006, there is still a considerable demand for youngsters to be hired as domestic help. The quantity of children working in this nation is subject to various estimates.

United Kingdom

On December 16, 1991, the United Kingdom ratified the convention with a number of declarations and reservations. In January 1995, the country submitted its first description to the Committee on the Rights of the Child. The committee expressed concerns about the rising rates of child poverty and disparity, the level of violence against children, the usage of juvenile detention facilities, the low legal drinking age, and the lack of platforms for the voices of children and young people. Similar worries were highlighted in the committee's 2002 report, including those about the wellbeing of kids in detention, how asylum seekers are treated unequally, and how poverty affects kids' rights.

Conclusion

Children are particularly susceptible to their surroundings because of how their minds are still developing. Regardless of whether the child is in violation of the law or not, it is crucial that their environment is conducive to their growth and development and that they receive the proper care and legal protection. No country can advance if its children suffer; hence, India makes an effort to protect children's rights through the above-discussed international, national, and state procedures.

Frequently Asked Questions

Q1. What is POCSO act?

Ans. In order to protect kids from crimes including sexual abuse, assault, harassment, and pornography, the Indian government passed POCSO in 2012. This law imposes severe penalties for the offense. This act carries a maximum sentence of life in prison and a fine.

Q2. Why are children's rights important?

Ans. Future societal well-being depends on children's healthy development. Children are more susceptible to bad living situations, such as poverty, insufficient health care, nutrition, safe water, housing, and environmental pollution, since they are still developing, making them more so than adults.

Q3. Who did first start child labour?

Ans. In England, child labor initially appeared when family businesses were transformed into regional labor marketplaces that mass-produced the formerly handmade goods. For many of these youths, working in a factory to generate the same things was a straightforward shift because they frequently assisted in producing goods outside of their homes.