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 Article 45 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, 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, 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 well-being 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

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

Amendment to the constitution 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 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???? 4) 5)

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?

counseling 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