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Anshuman Sahoo

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Children are different from adults.

Children, therefore, need differential as well as

preferential treatment from and over adults.

This leads to the requirement of a separate set of laws

relating to children, so as to ensure justice to children.

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Rights are an inalienable part of ensuring Justice.

Therefore, in order to ensure justice to children, the

first and foremost step would be to ensure basic

fundamental and other preferential rights to every

child.

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After Declaration of the Rights of the Child in 1959,

UNCRC (United Nations Convention on the Rights of


the Child) came into picture in 1989.

UNCRC provides every child with the basic rights to

Provision, Protection and Participation.

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The UNCRC was adopted by the UN in 1989.

With 140 signatories and 196 parties thereto, the

UNCRC came into force on 2 September 1990.

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UNCRC vests in children across the globe certain basic child rights, irrespective
of the following elements:
Race
Colour
Sex
Language
Religion
Political or other opinion
National, social, or ethnic origin
Property
Disability
Birth or any other status whatsoever

of the child or her/his parents

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Right to equality (Non-discrimination) (Article 2)

Right to survival and development (Right to life) (Article 6)

Right to a name and nationality (Article 7)

Right to preservation of identity (Article 8)

Right to live with parents (Article 9)

Right to family reunification (Art 10)

Right against illicit transfer or non-return (Art 11)

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Right to get her opinion heard (Art 12)

Right to freedom of expression (Art 13) and thought, conscience and


religion (Art 14)
Right to freedom of association (Art 15)

Right to protection of privacy (Art 16)Right to access to appropriate


information (Art 17)
Right to protection from abuse and neglect (Art 19)

Right to get adopted (Art 21)

Right to full and decent life in case of children with disabilities (Art 23)

Right to health and health services (Art 24)

Right to social security (Art 26)


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Right to standard of living (Art 27)

Right to education (Art 28)

Right to leisure and recreation (Art 31)

Right against child labour (Art 32)

Right against drug abuse (33)

Right against sexual exploitation (34)

Right against sale, trafficking and abduction (35) or any


other form of exploitation (36)
Right against torture and deprivation of liberty (37)
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Various definitions have been given by various expert

committees and organisations of the term cyberspace.

However, not attempting for an exhaustive definition,

we can define cyberspace as the global domain of


interactive as well as interdependent networks,
including the internet and other telecommunication
networks.

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With the growth in technology, the cyberspace have

attained an ever-expanding and ever-growing state.

In this, children have come to play the role of

harbingers of the cyberspace due to the ease with


which they acquire the technical know-hows thereof.

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Unfortunately, there are two sides to a coin.

With the advent of new opportunities, new risks are

also evolving in the cyberspace.

Apart from bringing tremendous positive


opportunities, the internet also operates as an
instrument for offenders and abusers.

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The risks or threats to children in the cyberspace can
be broadly stated as:
Online abusing and harassing
Exposure to inappropriate content
Excessive usage leading to wastage of time
Vulnerably accessible by potential offenders
However, many experts have agreed that such
potentials of risks can be reduced by spreading
awareness and ensuring technical know-how to the
children.
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The existing laws or conventions do not specifically

recognize or provide for the rights of children in the

cyberspace.

Still, the existing laws can be interpreted in a digital-age

specific manner to fulfill such needs.

Here, well examine the rights available under UNCRC in a

digital context.
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So, the UNCRC needs a digital-age specific
interpretation in order to ascertain the rights of
children in the cyberspace.

For example, in the following slides, effort has been

made to interpret the three basic rights, i.e., the three


Ps of Protection, Participation, and Provision.

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Protection against all forms of abuse Effort to prevent creation and

and neglect (Article 19), including distribution of online child abuse

sexual exploitation and sexual abuse images, sexual grooming, online

(Article 34), and other forms of dimension of child trafficking.

exploitation prejudicial to childs

welfare (Article 36).

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Protection from material injurious to Effort to prevent, manage and raise

the childs well-being (Article 17e), awareness of reputational risks, privacy

Right to privacy and reputation intrusions,cyberbullying, pornography,

(Article 16) and right of child to personal data misuse (including

preserve his or her identity (Article 8) identifying, location-based and

financial information)

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Effort to provide educational
Childrens rights to recreation and
technology, online information and
leisure as appropriate to their age
creative resources, and promote
(Article 31), an education that will digital skills in an equitable way (taking
into account relevant languages,
support the development of their full
difficulties of access or conditions of
potential (Article 28) and prepare them
disability or disadvantage)
for responsible life in a free society

(Article 29)

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Participation rights: best interests Effort to include all children in diverse

of the child shall be a primary societal processes, including consulting

consideration (Article 3), Right of them on matters of education etc.

children to be consulted in all Also, the rights to access to

matters affecting them (Article 12); information without any discrimination

freedom of expression (Article 13) on the basis of sex, economic resources,

and freedom of association (Article nationality, or physical disability:

15) special technologies to allow right to


access of disabled children

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Among different segments of the society, Govt. plays a

major role as in strengthening the laws and also


providing appropriate digital resources.

Role of other segments also cannot be ignored in

ensuring an environment of trust and believe for the


children.

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Problems of in-equal access are multifaceted in origin

and must be dealt with accordingly.

Creation of help-lines, awareness programs and


hotlines for children may help in this regard.

Breaking cultural stereotypes may also be crucial in

order to ensure better implementation of the rights in


an equitable manner.

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