What are the Rights of Children?

By Ayush Chandra 12 Minutes Read


Children and childhood across the world, have broadly been interpreted in terms of a ‘golden age’ that is similar to honesty, play, joy, happiness, and the like. It is the moment when saved the difficulties of adult life; one hardly shoves any kind of duty or obligation. But, then, it is also correct that children are unprotected, especially when very young. The fact that children are vulnerable, they need to be considered for and protected from ‘the brutality of the atmosphere outside’ and around. This happening so, the adult-child connection, parents, in special, is supposed to provide ‘care and security’ – following thereby the ‘best importance of the child’ and meeting their day-to-day ‘requirements of endurance and growth’. The adult is supposed to be the guard and, in that respect, required to take the duty of a child’s well-being and growth. Whether or not, the assumption holding this is correct or not, the childhood ‘truth’ on the whole is uncertain, demanding significant evaluation. Therefore, idealistic thoughts and representations connected with children and childhood have been questioned, particularly in connection to starvation, disease, exploitation and molestation common across the globe. Many also consider that childhood is that time during which kids are subject to a set of precepts and commands unique to them, and one that does not apply to parts of other social categories. It is certainly a period in a character’s life through which she/he is not supposed nor allowed to fully engage in various areas of social life. It is thus not an experience of independence and opportunity but one of restriction and control in which children are ‘completely submissive and helpless’. This being so, adolescence is nothing short of a world of isolation, sadness, exploitation, abuse, cruelty, and wrong.


Child Rights: A Summary![2]

They are broken. They do not receive an opportunity to walk into a school. They are left to defend themselves on the roads. They experience various kinds of brutality. They do not have a way to even basic healthcare. They are reduced to brutal and inhumane practices every day. They are children – natural, young, and lovely – who are denied their rights.

In the past of human rights, the rights of children are the most approved. The (UNCRC[3]) establishes Child Rights as the least entitlements and independence that should be provided to every citizen below the age of 18 despite race, public origin, appearance, gender, linguistics, belief, faiths, inspiration, resources, birth status, injury, or other features. These rights include freedom of children and their local rights, family atmosphere, necessary healthcare and well-being, culture, recreation, and social activities and special security measures. The UNCRC describes the basic human rights that should be provided to children in four broad groups that suitably cover all civil, political, social, economic, and social rights of every child:

  1. Right to Survival [4] :
    1. Right to be born,
    2. Right to humblest standards of food, shelter, and clothes,
    3. Right to live with pride, and
    4. Right to well-being care, to safe drinking water, nutritious meals, a clean and safe atmosphere, and knowledge to help them stay healthy
  2. Right to Protection:
    1. Right to be shielded from all sorts of brutality,
    2. Right to be preserved from negligence,
    3. Right to be shielded from bodily and sexual exploitation, and
    4. Right to be guarded against hazardous narcotics.
  3. Right to Participation:
    1. Right to liberty of belief,
    2. Right to the independence of interpretation,
    3. Right to self-determination of community, and
    4. Right to knowledge
    5. Right to participate in any decision making that involves him/her directly or indirectly
  4. Right to Development:
    1. Right to cultivation,
    2. Right to discover,
    3. Right to rest and imagine,
    4. Right to all forms of improvement – emotional, mental and physical

Impact of the Convention of the Child Rights

A milestone in the global human rights law, the ‘Convention on the Rights of the Child’ has been necessary for establishing all the matters concerning children’s effects on the global as well as a nationwide program. In extension to this, it has largely prepared actions for the success of the rights and development of children universal. It was not a late leadership that happened in the adoption of Child Rights. It got several years of progress and activism on becoming positive, accurate, and affective attitudes toward children, and also encouraging efforts to improve their well-being. The huge efforts included toward the implementation of the Convention, the important measure of resources allocated to this cause, and the overall effectiveness of the systems put in place for the performance process has a bearing on the success of child well-being results. Over the last 20 or so years, implementation of the Convention and its effect on child well-being fluctuated from country to country and from one region of the world to the other. Based on the analysis, there has been excellent growth at a global level in discussing the issues related to children. These include progress in access to assistance, giving their fullest potential through learning, the performance of laws that uphold the system of the best interests of the child, and child endurance.

Though remarkable progress has been produced, still in developing countries, particularly India, there is still a long way to go in realizing the rights of adolescents. Though all the applicable rules and strategies are in place, there is a lack in implementation leadership. As barriers, numerous factors hinder the efficient implementation of the laws. Due to comparatively low success in achieving strong child development outcomes in India, the condition of disadvantaged kids and disadvantaged youth is harsh and needs urgent consideration. There is a need to strengthen efforts for children’s welfare at all levels to complete the rules and provisions of the Convention and contribute to creating a world suitable for children.

Who is a Child?

According to universal law, a ‘child’ expresses every human being below the age of 18 years. This is a globally accepted meaning of a child and comes from the United Nations Convention on the Rights of the Child (UNCRC), an international legal means accepted and approved by most countries. India has always recognized the kind of persons below the age of 18 years as separate legal entities. That is exactly why people can vote or get a driving license or enter into legal agreements only when they achieve the age of 18 years. The matrimony of a girl below the age of 18 years and a boy below 21 years are restricted under the Child Marriage Restraint Act 1929. Furthermore, after confirming the UNCRC in 1992, India developed its law on juvenile justice to guarantee that every person below the age of 18 years, who needs care and security, is entitled to receive it from the State.

What are Child Rights?

All personalities under the age of 18 are empowered to the rules and rights assured by the laws that direct our country and the international legal means we have accepted by confirming them. The Constitution of India guarantees all children certain rights, which have been specially composed for them.

These include:

  1. Right to free and compulsory primary education for all children in the 6-14-year age group (Article 21 A[5]).
  2. Right to be shielded from any dangerous use till the age of 14 years (Article 24).
  3. Right to be preserved from being exploited and pushed by an economic requirement to enter professions unsuited to their age or strength (Article 39(e[6])).
  4. Right to equal possibilities and means to develop in a healthy manner and forms of freedom and honor and guaranteed stability of childhood and youth against exploitation and toward moral and material abandonment (Article 39 (f)[7]).

Besides these, they also have powers as equal citizens of India, just as any other grown-up male or female:

  1. Right to equality (Article 14).
  2. Right against discrimination (Article 15).
  3. Right to personal liberty and due process of law (Article 21).
  4. Right to being preserved from being trafficked and forced into bonded labor (Article 23).
  5. Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46).

The State must:

  1. Make appropriate preparations for women and children (Article 15 (3)[8]).
  2. Preserve the interest of minorities (Article 29).
  3. Improve the educational benefits of weaker sections of the people (Article 46).
    4. Raise the level of nourishment and pattern of living of its people and the development of public health (Article 47).

[1]Source Link.
[2] Source Link.
[3] United Nations Convention on the Rights of the Child
[4] Source Link
[5] Source Link.
[6] Source Link.
[7] Source Link.
[8] Source Link.

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