CENTRAL UNIVERSITY OF SOUTH BIHAR

“Human Rights of Child”

Submitted to:-

Mrs. Poonam Kumari

Faculty of Law,

Central university of South Bihar

Submitted by:-

Swati Kumari

B.A.LL.B (H)

CUB1313125038

(10th semester, 5th year)

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Index

Serial no. Topic Page no.

1. Introduction

2. Meaning

3. Choice of Jurisdiction

4. Jurisdiction: Indian
perspective and case study

5. Jurisdictional immunity

6. Conclusion

7. Bibliography

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Methodology adopted

This is a descriptive doctrinal study. I have taken helps from several books of conflict of laws
and public international law , published articles and internet.

Research question

While doing the research, the research believed that-

 What is the need of Private International Law in India ?

 What are the various doctrine under conflict of laws ?

 What are the basis on which British Court assumes jurisdiction in the Conflict of Laws?

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ACKNOWLEDGEMENT

Gratitude and thanks giving are a part of formal protocol, which is indeed to be followed while
preparing a project report.

I feel myself highly delighted, as it gives me incredible pleasure to present a research work on
“Human Rights of Child”.

I would like to enlighten my readers regarding this topic and I hope I have tried my best to pave
the way for bringing more luminosity to this topic.

For this first and foremost I would like to thank God Almighty.

I express my sincere thanks to ma’am, Mrs. Poonam kumari (faculty of law) for providing
such an interesting topic.

I am indebted to my parents and siblings for guiding and motivating me all the time.

I am also thankful to my kith and kins. Last but not the least; i would like to thank all concern
for their interest in providing me a good back up for the material.

Swati Kumari

(STUDENT)

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Abstract
Children are the future custodians of sovereignty, rule of law, - justice, liberty, equality, fraternity and finally
international peace and security. They are the potential embodiment of our ideals, aspirations, ambitions, future
hopes. They are the ‘future shoulders’ in the form of great philosophers, rulers, scientists, politicians, able
legislators, administrators, teachers, judges, technologists, industrialists, engineers, workers, planners on which the
country would rest. Human Rights Instruments specific to the rights of the child: The Declaration of the Rights of
the child 1924, adopted by the fifth assembly of the League of Nations, can be seen as the first international
instrument dealing with children’s rights. Children are a human resource, invaluable but vulnerable. Various laws in
India, focusing on a position where children were treated as non-entity and where conscientious efforts have been
made to not only make them free from exploitation and abuses but also enable them to develop their full potentiality
with fair access to food, health, education and respect. The UN General Assembly adopted the Convention on the
Rights of the Child which is the first international treaty that defines the basic rights of the children. A Safe
Childhood is a human right. They are recruited into armed forces. They are subjected to the death penalty, are
disappeared, are punished by cruel and inhuman methods and suffer many other forms of violence. The aim of this
study is to critically evaluate how effectively the child rights violation can be prevented and to provide the needed
directions to the parents and Government about their responsibilities to guarantee the rights of the child and also to
reduce the vulnerability of children in harmful situations. Keywords: Children, Human Rights, Constitution of India.

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Introduction
Children are the future custodians of sovereignty, rule of law, - justice, liberty, equality, fraternity and finally
international peace and security. They are the potential embodiment of our ideals, aspirations, ambitions, future
hopes. They are the ‘future shoulders’ in the form of great philosophers, rulers, scientists, politicians, able
legislators, administrators, teachers, judges, technologists, industrialists, engineers, workers, planners on which the
country would rest.

Nature has provided some inherent rights to every human being including children. These fundamental rights
bestowed in human being from the very inception. Human being is endowed with rights since the stage of foetus.
Foetus in the mother womb is the starting point since then human being is guaranteed certain basic rights. These
rights are intrinsic in every one. State cannot give or nullify these rights, which are inherent. State has to recognize
and guarantee these rights.

Human Rights Instruments specific to the rights of the child: The Declaration of the Rights of the child 1924,
adopted by the fifth assembly of the League of Nations, can be seen as the first international instrument dealing with
children’s rights.

Millions of children around the world are exploited, abused, and discriminated against. These children include child
labourers, children affected by armed conflicts, sexually exploited children, children in conflict with the law or in
the care of the state, as well as children living on the streets, coping with disabilities, or suffering from
discrimination because of their religious or ethnic-minority status.

Children were recipients of welfare measures. It was only during the twentieth century the concept of children’s
rights emerged. The rights approach is primarily concerned with issues of social justice, non-discrimination, equity,
and empowerment. It is because of the unique vulnerability of children that their rights are of priority concern within
Canada’s foreign policy. Canada played a key role in the negotiations that led to the adoption of the United Nations
Convention on the Rights of Child in, 1989. The United Nations has designated November 20 as Universal
Children’s day.

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Challenges Ahead

Like many developing countries, India faces problems of infant mortality, child marriage,
maternal mortality and the phenomena of child widows, sex tourism, and child trafficking even
across national borders for prostitution, child abuse and child labour. There are several
challenges ahead. Of all the demographic groups, the girl child are probably the most socially
disadvantaged. At every stage of her life cycle – from conception to adulthood – she is especially
vulnerable to human rights abuses. Recent incidents of Delhi gang rape and Pondicherry Acid
attack cases can be quoted as examples for the human rights abuse of girl child.

So, a child focused culture has to be developed. The legal system should interpret the laws in the
context of the rights and standards given in the CRC. This will give the child access to justice
through the court system. All the children’s legislations need to be reviewed in the context of
CRC and its standards and there has to be linkages between them. The Indian legal system has to
evolve a great deal for securing the rights of the child and providing justice to the child.

Legal reform alone cannot bring justice to the child. Undoubtedly, the most effective preventive
measure is awareness of such possible abuse and how to deal with it amongst the various service
providers – the doctors, teachers, lawyers, judges, police, volunteers, parents, trade unions, and
social workers – so that they can significantly reduce the risk of abuse, if it does occur, by
responding appropriately. Thus to conclude these challenges have to be rapidly addressed. And
above all, the core value of the universal legal principle that policies be made, structures and
processes be established, and actions be taken that are always and invariably in the best interest
of the child should be followed. Child is a bud, let it blossom as a flower with nutrition of rights,
with fruits of freedom and with care and attention not only from parents but also from the state
under the auspices of the society. The struggle for realization of the rights of the child is going to
be a long journey.

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Indian Constitution and Children Rights
The Constitution of India is the basic law of the country that includes the fundamental rights and directive principles
for every citizen. The fundamental rights in the Constitution of India impose on the state a primary responsibility of
ensuring that all the needs of children are met and that their basic human rights are fully protected.

Fundamental rights if violated can be brought before the courts. Directive Principles lay down the guidelines the
Government have to follow. If they are violated they cannot be taken before the courts but because of judicial
interpretation, many of the directive principles have now become enforceable through legal actions brought before
courts.

A. The Fundamental Rights in the Constitution that directly relate to children are

1. Article 15(3) requires the state to make special provisions for children.

2. Article 21-A provides free and compulsory education to all children of the age 6 – 14 years. In such a manner as
the state may by law determine. This Article 21A of the Constitution of India envisages that children of age group 6
to 14 years have a fundamental right to education.

3. Article 23 prohibits trafficking of human beings including children.

4. Article 24 mandates that no child below 14 years can work in any hazardous occupation or industry.

B. The Directive Principles of State Policy that directly relate to children are

1. Article 39(a) & (f) direct that the state policies are directed towards securing the tender age of children.

2. Article 45 states that the state shall endeavour to provide early childhood care and education for all children until
they complete the age of six years.

3. Article 51-A says that it shall be the fundamental duty of the parent and guardian to provide opportunities for
education to his child or as the case may be, ward between the age of six and fourteen.

86th constitutional Amendment – Right to Education, is a fundamental right. It was after a long struggle that the
86th constitutional amendment to make the right to education as a fundamental right in 2001 was made. The State
laws have not yet been drafted. The Government of India has prepared a draft bill on the Right to Education Bill,
2005, seeks to give effect to the 86th constitutional Amendment.

The Preamble of the draft bill states that it is put into effect the Right to Free and Compulsory Education to all
children in the age group of 6 – 14 years.

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Need of Protection
Every child has the right to protection. This not only includes children who are in different circumstances and those
who have suffered violence, abuse and exploitation, but also those who are not in any of these adverse situations and
yet need to be protected in order to ensure that they remain within the social security and protection net. Child
protection is about protecting children from or against any perceived or real danger/risk to their life, their
personhood and childhood. It is about reducing their vulnerability to any kind of harm and in harmful situations.

Child protection is integrally linked to every other right of the child. The failure to ensure children’s right to
protection adversely affects all other rights of the child and the development of the full potential of the child. Child
protection is about protecting every right of every child. It must also relate to children’s capacity for self-reliance,
self defence, and to the roles and responsibilities of family, community, society and state. The need to protect some
children is certainly greater than others due to their specific socio-economic and political circumstances and
geographical location. These are the children who are more vulnerable in term of the harm/danger/risk to their right
to survival/ development/ participation.

1. Homeless children (pavement dwellers, displaced/evicted, etc.)

2. Refugee and migrant children

3. Orphaned or abandoned and destitute children

4. Children whose parents cannot or are not able to take care of them

5. Street and working children

6. Child beggars

7. Victims of child marriage

8. Trafficked children

9. Child prostitutes

10. Children of prisoners

11. Children affected by conflict/civil strife

12. Children affected by disasters both natural and manmade

13. Children affected by substance abuse, HIV/AIDS and other terminal diseases

14. Disabled children

15. Children belonging to ethnic, religious minorities and other marginalized groups

16. The girl child

17. The unborn child

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18. Children in conflict with law (those who commit crime)

19. Children who are victims of crime.

Importance of Human Rights Education to Children

Here are some of the reasons why human rights education is important to children:

1. Because it’s their right! Article 42 of the Convention on the Rights of the Child stipulates that children have the
right to know their rights.

2. To increase respect for human rights: Knowing about your rights is the first step in promoting greater respect for
human rights.

3. Because human rights values are universally recognized: Adults who work with children are constantly faced with
the task of trying to determine which behaviours are acceptable and which are not acceptable. Making these types of
decisions often involves relying on personal experiences or values. Human rights education provides a clear
framework for evaluating when and how to intervene by referring to the universally recognized values that stem
directly from the Universal Declaration of Human Rights.

4. To encourage the development of self-esteem and active participation: Once children become aware of their
rights, they begin to recognize their own importance as human beings. They also start to realize that what they live,
think and feel has value and that they can make a positive contribution to the life of the group, of their family, their
school, and their community. Learning about rights encourages children to become more actively involved.

5. To reinforce positive behaviours: Human rights education is one of the most effective ways of encouraging
positive behaviour because it involves both critical reflection and a strengthening of the child’s sense of
responsibility. Human rights education encourages children to reflect on how they interact with others and on how
they can change their behaviour to better reflect human rights values.

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Child Right Issues
The United Nations Convention on the Rights of the Child (CRC) represents a turning point in the international
movement on behalf of child rights. This comprehensive document contains a set of universal legal standards or
norms for the protection and well-being of children. Child soldiers, Juvenile life without Parole, The Right to
Education are the major child right issues.

1. Juvenile Life without Parole: Demand Juvenile Justice

Children can and do commit terrible crimes. When they do, they should be held accountable but in a manner that
reflects their special capacity for rehabilitation. There are about 2,500 people in the US serving life imprisonment
without the possibility of parole for crimes committed when they were less than 18 years old. The United States is
believed to stand alone in sentencing children to life without parole. Although several countries technically permit
the practice, Amnesty International knows of no cases outside the US where such a sentence has been imposed in
recent years.

These standards recognize that, however serious the crime, children, who are still developing physically, mentally
and emotionally, do not have the same level of culpability as adults and require special treatment in the criminal
justice system appropriate to their youth and immaturity.

2. The Right to Education: Education is a Human Right

Everyone has the right to education – which should be available free to all at least at the primary level. Education is
also indispensable in realizing other human rights.

Across the world many children miss out on their education because:

1. They are made to work

2. They are recruited into armed forces

3. Their families do not have the means to pay for schooling

4. Discrimination and racism undermine their chance to receive an education

5. They face violence as they pursue their education .

The Convention on the Rights of the Child defines basic rights of children covering multiple needs and issues which
are as follows

1. The right to Education: 50% of Indian children aged 6-18 do not go to school Dropout rates increase alarmingly in
class III to V, its 50% for boys, 58% for girls.

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2. The right to Expression: Every child has a right to express himself freely in whichever way he likes.

3. The right to Information: Every child has a right to know his basic rights and his position in the society. High
incidence of illiteracy and ignorance among the deprived and underprivileged children prevents them from having
access to information about them and their society.

4. The right to Nutrition: More than 50% of India's children are malnourished. While one in every five adolescent
boys is malnourished, one in every two girls in India is undernourished.

5. The right to Health & Care: 58% of India's children below the age of 2 years are not fully vaccinated. And 24% of
these children do not receive any form of vaccination. Over 60% of children in India are anaemic.

6. The right to protection from Abuse: There are approximately 2 million child commercial sex workers between the
age of 5 and 15 years and about 3.3 million between 15 and 18 years. They form 40% of the total population of
commercial sex workers in India. 500,000 children are forced into this trade every year.

7. The right to protection from Exploitation: 17 million children in India work as per official estimates. Poor and
bonded families often "sell" their children to contractors who promise lucrative jobs in the cities and the children
end up being employed in brothels, hotels and domestic work. Many run away and find a life on the streets.

8. The right to Development: Every child has the right to development that lets the child explore her/his full
potential. Unfavorable living conditions of underprivileged children prevent them from growing in a free and
uninhibited way.

9. The right to Recreation: Every child has a right to spend some time on recreational pursuits like sports,
entertainment and hobbies to explore and develop. Majority of poor children in India do not get time to spend on
recreational activities.

10. The right to Name & Nationality: Every child has a right to identify himself with a nation. A vast majority of
underprivileged children in India are treated like commodities and exported to other countries as labour or
prostitutes.

11. The right to Survival: Of the 12 million girls born in India, 3 million do not see their fifteenth birthday, and a
million of them are unable to survive even their first birthday. Every sixth girl child's death is due to gender
discrimination.

12. Creating “child rights” awareness among the society is the first step towards protecting and realizing children’s
rights.

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Governmental Commitment to Fulfilling Protection Rights
The Government’s commitment and priority to child protection is critical to the creation of a protective environment
for its children. The Government needs to demonstrate this commitment through the acceptance and recognition of
problems, formulation of appropriate policy, strong legal frameworks and programming, and allocation of adequate
resources to programs. It needs to ensure that mechanisms for child protection are child friendly, functional and in a
position to reach children in needs of protection.Some such initiatives taken by the Indian Government towards
creating a protective environment for children as per the law are the:-

1. Juvenile Justice (Care and Protection) Act, 2000.

2. The CHILDINE 1098 service in partnership with Integrated Program for street children, signing and ratification
of the United Nations Convention on the rights of the child (UNCRC), and

3. Ratification of the Optional Protocols

4. The National Plan of Action, 2005

5. The National Policy for Children, 1974

6. Study on Child Abuse 2007.

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Child Rights and the world
People from across the world striving for social justice have often directed their efforts toward the most vulnerable
in society—the children. From Princess Diana's charitable work on behalf of children to the efforts of activists like
Grace Abbott and the youngest Nobel laureate in history—Ms. Malala Yousafzai, these famous children's right
activists have put commendable efforts in helping improve the lives of the youngest citizens.

2014 Nobel Peace Prize awardees—Ms. Malala Yousafzai and Mr. Kailash Satyarthi have reminded us all of the
need to keep on advancing in providing opportunities that has an important effect on all children. The opportunities
are meant to be meaningful enough to allow them to learn and gain the mindsets and skills that would empower
them to be free, develop themselves, their communities and the world.

Mr. Kailash Satyarthi’s struggle to liberate children from child labour had cost him many life threats, including
bullet wounds by those who exploit young boys and girls for economic gain. Wearing flak jackets, and armed with
strong determination, he and his team raided many illegal factories and mines to rescue the children who are sold
into servitude. It has been 30 years now since he started his movement. A movement that has one clear purpose—no
child shall be a slave.

On the other hand, when one thinks of Ms. Malala Yousafzai, the first thing that pops in one’s mind is education.
The second is—education for girls. In 2009, when she was just 11, she wrote to BBC about the norm of banning
female education under the Taliban regime in the Swat Valley (her hometown). Her article gained tremendous
momentum worldwide. She started her fight for the education of girls at that small age and began to speak publicly
and to the press, which caused her and her family receive constant death threats.

“I strongly feel that this is a big honour to hundreds of millions of the children who have been deprived of their
childhood and freedom and education.” – Mr. Kailash Satyarthi.

“I speak not for myself but for those without voice... those who have fought for their rights... their right to live in
peace, their right to be treated with dignity, their right to equality of opportunity, their right to be educated.” – Ms.
Malala Yousafzai.

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Impact of the Convention of the Child Rights

A milestone in the international human rights legislation, the ‘Convention on the Rights of the
Child’ has been instrumental in putting all the issues pertaining to children issues on the global
as well as national agenda. In addition to this, it has extensively mobilized actions for the
realization of the rights and development of children worldwide.

It was not an overnight initiative that resulted in the adoption of the Child Rights. It took several
years of movements and activism on shaping favourable, positive and constructive attitudes
toward children, and also inciting actions to improve their well-being. The enormous efforts
involved toward the implementation of the Convention, the significant amount of resources
committed to this cause, and the overall effectiveness of the systems put in place for the
execution process have a bearing on the success of child well-being outcomes.

Over the last 20 or so years, implementation of the Convention and its effect on child well-being
varied from country to country and from one region of the world to the other. Based on analysis,
there has been outstanding progress at a global level in addressing the issues related to children.
These include progress in access to services, reaching their fullest potential through education,
enactment of laws that upholds the principle of the best interests of child, and child survival.

Though a noteworthy progress has been achieved, yet in developing countries, particularly India,
there is still a long way to go in realising the rights of children. Though all the relevant rules and

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policies are in place, there is a lack in enforcement initiatives. As barriers, there are several
factors that forbid effective implementation of the laws. Due to relatively low success in
achieving concrete child development outcomes in India, the condition of underprivileged kids
and underprivileged youth is harsh and needs urgent attention. There is a need to intensify efforts
for children welfare at all levels to implement the rules and provisions of the Convention and
contribute to create a world suitable for children.

Child Rights: A Gist

They are abandoned. They do not get a chance to step in a school. They are left to fend for
themselves on the streets. They suffer from many forms of violence. They do not have access to
even primary healthcare. They are subjected to cruel and inhumane treatments every day. They
are children – innocent, young and beautiful – who are deprived of their rights.

In the history of human rights, the rights of children are the most ratified. The United Nations
Convention on the Rights of the Child (UNCRC) defines Child Rights as the minimum
entitlements and freedoms that should be afforded to every citizen below the age of 18 regardless
of race, national origin, colour, gender, language, religion, opinions, origin, wealth, birth status,
disability, or other characteristics.

These rights encompass freedom of children and their civil rights, family environment, necessary
healthcare and welfare, education, leisure and cultural activities and special protection measures.
The UNCRC outlines the fundamental human rights that should be afforded to children in four
broad classifications that suitably cover all civil, political, social, economic and cultural rights of
every child:

Right to Survival:

• Right to be born

• Right to minimum standards of food, shelter and clothing

• Right to live with dignity

• Right to health care, to safe drinking water, nutritious food, a clean and safe environment,
and information to help them stay healthy

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Right to Protection:

• Right to be protected from all sorts of violence

• Right to be protected from neglect

• Right to be protected from physical and sexual abuse

• Right to be protected from dangerous drugs

Right to Participation:

• Right to freedom of opinion

• Right to freedom of expression

• Right to freedom of association

• Right to information

• Right to participate in any decision making that involves him/her directly or indirectly

Right to Development:

• Right to education

• Right to learn

• Right to relax and play

• Right to all forms of development – emotional, mental and physical

Rights under the Convention on the Rights of the Child

The Convention on the Rights of the Child was the first instrument to incorporate the complete range of
international human rights— including civil, cultural, economic, political and social rights as well as aspects of
humanitarian law.

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The articles of the Convention may be grouped into four categories of rights and a set of guiding principles. By
clicking on any of the categories below, you can link to a plain-language explanation of the applicable articles in the
Convention. Additional provisions of the Convention (articles 43 to 54) discuss implementation measures for the
Convention, explaining how governments and international organizations like UNICEF will work to ensure children
are protected in their rights. You can see the full text of the Convention by clicking on the link in the box on the
right.

Guiding principles: The guiding principles of the Convention include non-discrimination; adherence to the best
interests of the child; the right to life, survival and development; and the right to participate. They represent the
underlying requirements for any and all rights to be realized.

Survival and development rights: These are rights to the resources, skills and contributions necessary for the survival
and full development of the child. They include rights to adequate food, shelter, clean water, formal education,
primary health care, leisure and recreation, cultural activities and information about their rights. These rights require
not only the existence of the means to fulfill the rights but also access to them. Specific articles address the needs of
child refugees, children with disabilities and children of minority or indigenous groups.

Protection rights: These rights include protection from all forms of child abuse, neglect, exploitation and cruelty,
including the right to special protection in times of war and protection from abuse in the criminal justice system.

Participation rights: Children are entitled to the freedom to express opinions and to have a say in matters affecting
their social, economic, religious, cultural and political life. Participation rights include the right to express opinions
and be heard, the right to information and freedom of association. Engaging these rights as they mature helps
children bring about the realization of all their rights and prepares them for an active role in society.

The equality and interconnection of rights are stressed in the Convention. In addition to governments’ obligations,
children and parents are responsible for respecting the rights of others—particularly each other. Children’s
understanding of rights will vary depending on age and parents in particular should tailor the issues they discuss, the
way in which they answer questions and discipline methods to the age and maturity of the individual child.

Human rights provisions

Children and young people have the same basic general human rights as adults and also specific rights that
recognize their special needs. Because the Convention on the Rights of the Child (CRC) brings together rights
articulated in other international treaties there are many parallels between the Convention and other treaties.

The five other core human rights instruments are: the International Covenant on Civil and Political Rights (ICCPR);
the International Covenant on Economic, Social and Cultural Rights (ICESCR); the Convention against Torture and

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other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention); the International Convention on
the Elimination of All Forms of Racial Discrimination (Race Discrimination Convention); and the Convention on
the Elimination of All Forms of Discrimination against Women (Women’s Convention). Among other rights found
in the Convention on the Rights of the Child and shared with one or more of these instruments are:

Non-discrimination (Article 2): All human rights instruments prohibit any discrimination—distinction, exclusion,
restriction or preference—in the provision, protection and promotion of rights. In other words, everyone has the
human rights in these treaties, irrespective of their race, sex, religion, national origin or any other trait. The Race
Convention wholly prohibits discrimination based on race, national origin or ethnicity and outlines steps that
governments must take to end it. The Women’s Convention likewise calls for an end to discrimination, based on sex,
and outlines specific areas of life in which women must be treated equally in order to eliminate discrimination;

Right to life (Article 6): also found in Article 6 of the ICCPR;

Right to freedom from torture or cruel, inhuman or degrading treatment (Article 37): outlined for everyone in the
Torture Convention and also included as Article 7 of the ICCPR;

Right of detained persons to be treated with dignity (Article 37): Article 10 of the ICCPR broadly states this right
and the Convention on the Rights of the Child specifies that children in this situation must be treated in a way that
takes their age into account;

Right to freedom of thought, conscience and religion (Article 14): found in Article 18 of the ICCPR;

Right to freedom of opinion and of expression (Article 13): found in Article 19 of the ICCPR;

Right to adequate standard of living (Article 27): found in article 11 of the ICESCR;

Right to health and health services (Article 24): found in Article 12 of the ICESCR; and

Right to education (Article 28): found in Article 13 of the ICESCR.

Many Articles of both the ICCPR and the ICESCR call attention to the special needs of families and children. These
include Article 24 of the ICCPR (calling for the protection of children and registration at birth of their name and
nationality) and Article 10 of the ICESCR (calling for specific attention, protection and assistance to children).

These examples show that the Convention on the Rights of the Child is founded on rights inherent to everyone, but
that it also builds on concerns for the specific needs and vulnerabilities of children. For the text of any of the human
rights conventions, see the box at right.

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