1) Introduction:
The term Human Right denotes all those rights which are inherent in their nature and without which we can not live as human beings. Human rights are derived from the principle of natural law. Human rights are the rights that a human being has in virtue of whatever characteristics he has that are both specifically and universally human. Human rights are not derived from the social order or conferred upon the individual by the society. They reside inherently in the individual human being independent of, and even prior to his participation in the society. Consequently, they are the result of recognition by the State, but they are logically independent of the legal system for their existence.
Article 25(2) of the Universal Declaration of Human Rights 1948 provides that "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."
2) Human Rights of Child under the International convention on civil and political rights -
20 November 1989 General Assembly adopted United Nation convention on the rights of children. This convention consists of 54 Articles that deals with the rights of a child. This Convention came into force on 2nd September 1990. According to Article 1 of the Convention, a child means every human being below the age of 18 years.
This Convention gives following rights to the child
(a) Every child has the inherent right to life and shall be insured to be maximum extent possible day survival and development
(b) Every child shall have a right to be registered immediately after birth, the right to a name and nationality and the right to know and be cared by his or her parents
(c) Every child has a right to freedom of expression which included how to speak, receive and impart information and ideas of all kinds.
(d) Every child has right to preserve his or her identity, nationality, name and family relations.
(e) Every child has a right to freedom of thought conscience and religion.
(f) Every child has a right to freedom of association and a freedom of peaceful assembly.
(g) No child be subjected to torture or other cruel inhuman or degrading treatment or punishment including capital punishment or life imprisonment without possibility of release.
(1) Protective rights of child
According to Article 33 of the convention, A Child no matter Male or Female child is entitled to be protected from the use of narcotic drugs, and psychotropic substances and to be protected against use in illicit production and trafficking of such drugs.
Article 34 of the convention says that children should be protected against sexual exploitation of all forms. For these purposes, States Parties shall, in particular, take all appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
According to Article 35 of the Convention, children should be protected from abduction sale or trafficking, by all appropriate measure.States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
Children should be protected from all types of exploitation.States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.(Article 36)
According to Article 38 of the convention, children who have not attend the age of 15 years should not be recruited in the armed forces even in times of emergency, In case of armed conflict they should be rehabilitated
(2) Right to development of personality
Parents or legal guardians are primarily responsible for upbringing and development of children. Article 18 of the Convention says that the State is obliged to afford appropriate assistance to parents or legal Guardians in the performance of such duties of parents and Guardians.
According to Article 20 of the Convention, Children are entitled to get family environment. In case of bereavement in any circumstances of the family, the state is obliged to give Special Protection and assistance.
Article 21 of the Convention says that adoption should be taken in the best interest of the child, being duly authorized by competent authority for the child.
Survival and development of child must be ensured to the maximum extent possible (Article 6)
(3) Right to maintain and develop health
According to Article 23 of the Convention A mentally or physically retarded child has right to enjoy a full and decent life, in conditions ensuring dignity, promoting self-reliance and facilitating active participation in the community.
Article 24 of the said convention says that child is entitled to enjoy highest attainable standard of health to treatment of illness and malnutrition
Article 27.1 says that child has the right to a standard of living adequate for his physical mental and moral development.
(4) Right to education
A child is entitled to compulsory and free primary education. Secretary, General and vocational education and training must be ensured by the state in order to promote
(a) Development of personality talent mental and physical abilities
(b) Development of respect for human rights and fundamental freedoms and for the principals enshrined in the United Nations Charter.
(c) Development of respect for parents, his or her cultural identity, language and value, Rajasthan National cultural value.
(d) Development of the respect of natural environment
(5) Civil rights and liberty of child
(a) Every child has the inherent right to life and survival to the maximum extent
(6) Right to Juvenile justice
A child is entitled to Juvenile justice a proceeding by taking into account his/her age reintegration in the society and promotion of sense of dignity. The administration of justice relating to Juvenile Should precede taking into account the age of child aiming at integration of the child into the society and promotion of sense of dignity and worth in the mind of a child of reinforcing child's respect for human rights and fundamental freedoms of others.
(7) World declaration on the survival protection and development of children 1990
The declaration provides that children are entitled to joy and peace, playing, learning and growing which are necessary for the harmonious development of children. But there are many children who face various problems and suffer in their very childhood. The declaration lay down 10 points programme for the protection of the rights of children and improvement in their lives
United Nations children's fund
The General Assembly established the United Nations International Children's Emergency Fund.
In 1946 the purpose of the fund was to provide assistance to the children. The economic and social Council supervise and review the work of UNICEF periodically. The main functions of the UNICEF is to provide assistance to the Government of developing countries in improving the life of children
International year of child, 1979
The General Assembly decided to observe the year 1979 as International year of child for the improvement of the lives of children. The main objective was to provide a framework and to promote recognition to the children's right.
Convention of world summit for children 1990
On 30 September 1990 the world summit for children was Convened at the headquarters of the United Nations at the initiative of Canada, Egypt, Mali, Mexico, Pakistan and Sweden wherein the world declaration on the survival protection and development of children and the plan of action for the implementing the world declaration aforesaid were adopted
The term Human Right denotes all those rights which are inherent in their nature and without which we can not live as human beings. Human rights are derived from the principle of natural law. Human rights are the rights that a human being has in virtue of whatever characteristics he has that are both specifically and universally human. Human rights are not derived from the social order or conferred upon the individual by the society. They reside inherently in the individual human being independent of, and even prior to his participation in the society. Consequently, they are the result of recognition by the State, but they are logically independent of the legal system for their existence.
Article 25(2) of the Universal Declaration of Human Rights 1948 provides that "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."
2) Human Rights of Child under the International convention on civil and political rights -
20 November 1989 General Assembly adopted United Nation convention on the rights of children. This convention consists of 54 Articles that deals with the rights of a child. This Convention came into force on 2nd September 1990. According to Article 1 of the Convention, a child means every human being below the age of 18 years.
This Convention gives following rights to the child
(a) Every child has the inherent right to life and shall be insured to be maximum extent possible day survival and development
(b) Every child shall have a right to be registered immediately after birth, the right to a name and nationality and the right to know and be cared by his or her parents
(c) Every child has a right to freedom of expression which included how to speak, receive and impart information and ideas of all kinds.
(d) Every child has right to preserve his or her identity, nationality, name and family relations.
(e) Every child has a right to freedom of thought conscience and religion.
(f) Every child has a right to freedom of association and a freedom of peaceful assembly.
(g) No child be subjected to torture or other cruel inhuman or degrading treatment or punishment including capital punishment or life imprisonment without possibility of release.
(1) Protective rights of child
According to Article 33 of the convention, A Child no matter Male or Female child is entitled to be protected from the use of narcotic drugs, and psychotropic substances and to be protected against use in illicit production and trafficking of such drugs.
Article 34 of the convention says that children should be protected against sexual exploitation of all forms. For these purposes, States Parties shall, in particular, take all appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
According to Article 35 of the Convention, children should be protected from abduction sale or trafficking, by all appropriate measure.States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
Children should be protected from all types of exploitation.States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.(Article 36)
According to Article 38 of the convention, children who have not attend the age of 15 years should not be recruited in the armed forces even in times of emergency, In case of armed conflict they should be rehabilitated
(2) Right to development of personality
Parents or legal guardians are primarily responsible for upbringing and development of children. Article 18 of the Convention says that the State is obliged to afford appropriate assistance to parents or legal Guardians in the performance of such duties of parents and Guardians.
According to Article 20 of the Convention, Children are entitled to get family environment. In case of bereavement in any circumstances of the family, the state is obliged to give Special Protection and assistance.
Article 21 of the Convention says that adoption should be taken in the best interest of the child, being duly authorized by competent authority for the child.
Survival and development of child must be ensured to the maximum extent possible (Article 6)
(3) Right to maintain and develop health
According to Article 23 of the Convention A mentally or physically retarded child has right to enjoy a full and decent life, in conditions ensuring dignity, promoting self-reliance and facilitating active participation in the community.
Article 24 of the said convention says that child is entitled to enjoy highest attainable standard of health to treatment of illness and malnutrition
Article 27.1 says that child has the right to a standard of living adequate for his physical mental and moral development.
(4) Right to education
A child is entitled to compulsory and free primary education. Secretary, General and vocational education and training must be ensured by the state in order to promote
(a) Development of personality talent mental and physical abilities
(b) Development of respect for human rights and fundamental freedoms and for the principals enshrined in the United Nations Charter.
(c) Development of respect for parents, his or her cultural identity, language and value, Rajasthan National cultural value.
(d) Development of the respect of natural environment
(5) Civil rights and liberty of child
(a) Every child has the inherent right to life and survival to the maximum extent
(b) A child is entitled to be registered immediately after his birth and to get a nationality and name.
(c) A child has right to freedom of expression and thought, to seek, receive import ideas, right to freedom of thought, conscience and religion.
(6) Right to Juvenile justice
A child is entitled to Juvenile justice a proceeding by taking into account his/her age reintegration in the society and promotion of sense of dignity. The administration of justice relating to Juvenile Should precede taking into account the age of child aiming at integration of the child into the society and promotion of sense of dignity and worth in the mind of a child of reinforcing child's respect for human rights and fundamental freedoms of others.
(7) World declaration on the survival protection and development of children 1990
The declaration provides that children are entitled to joy and peace, playing, learning and growing which are necessary for the harmonious development of children. But there are many children who face various problems and suffer in their very childhood. The declaration lay down 10 points programme for the protection of the rights of children and improvement in their lives
United Nations children's fund
The General Assembly established the United Nations International Children's Emergency Fund.
In 1946 the purpose of the fund was to provide assistance to the children. The economic and social Council supervise and review the work of UNICEF periodically. The main functions of the UNICEF is to provide assistance to the Government of developing countries in improving the life of children
International year of child, 1979
The General Assembly decided to observe the year 1979 as International year of child for the improvement of the lives of children. The main objective was to provide a framework and to promote recognition to the children's right.
Convention of world summit for children 1990
On 30 September 1990 the world summit for children was Convened at the headquarters of the United Nations at the initiative of Canada, Egypt, Mali, Mexico, Pakistan and Sweden wherein the world declaration on the survival protection and development of children and the plan of action for the implementing the world declaration aforesaid were adopted
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