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INDORE INSTITUTE OF LAW Topic: International Convention on rights of child Name. Avinash Rai Class ……………………………… Sub ……………………………… Prof ………………………………. Date ………….…………………... 1

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Page 1: Juvenile assingment

INDORE INSTITUTE OF LAW

Topic: International Convention on rights of child

Name. Avinash Rai

Class ………………………………

Sub ………………………………

Prof ……………………………….

Date ………….…………………...

Teacher Sign Student Sign

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Certificate Of Supervisor

This is to certify that the project work entitled “………………………………………………….”

submitted by ………………………………… For the partial fulfillment of the B.A.LLB Degree (fourth

semester) offered by Indore Institute of Law, Indore (affiliated to D.A.V.V. and BCI) during the academic year 2013-18 is a record of the Student’s own work carried out by him/her under my supervision. The matter embodied in

this thesis is original and has not been submitted for the award of any Degree, Diploma or such other titles.

Date :

Name of Supervisor:

Signature of Supervisor

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Declaration of Researcher

This is to certify that Thesis/Report entitled “…………………………”which is submitted by me in partial fulfillment of the requirement for the award of degree B.A.LLB. Degree (fourth Semester) offered by Indore Institute of Law, Indore comprises only my original work and due acknowledgement has been made in the text to all other material used.

 

 

 

Date: Name of Student:

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Acknowledgement

I take this opportunity to express my profound gratitude and deep regards to my guide Assistant Professor Mrs. Bijendra Kumar for his exemplary guidance, monitoring and constant encouragement throughout the course of this thesis. The blessing, help and guidance given by him time to time shall carry me a long way in the journey of life on which I am about to embark.

 

I also take this opportunity to express a deep sense of gratitude to the Library staff of IIL for their cordial support, valuable information and guidance, which helped me in completing this task through various stages.

 

I am obliged to my Institution faculty members for providing me with such an opportunity to carry out deep research work on the given topic.

Lastly, I thank almighty, my parents, brother, sisters and friends for their constant encouragement without which this assignment would not be possible.

 

 

Submitted By:- Submitted To:-

Avinash Rai Brijendra Kumar

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TABLE OF CONTENT

Abstract

Introduction

Definitions of ‘child’

Constitutional provisions

International conventions

UDHR

International convention on economic, social and cultural

rights

International convention on civil and political rights

European conventions on human rights

Convention on rights of child

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INTRODUCTION

“Our youth is the hope of our motherland. This is how our national hero

Dr. Jose Rizal viewed the roles of the youth of this country are.

However, while the youth is viewed as the ―hope‖ of our country, some

of our youth today are being viewed as delinquents, even as criminals.

What is the future of these children? This is the dilemma that our

country is faced from the late 1980’s until this new millennium. As it

was during his time, how come a big percentage of our youths faced or

are still facing cases against delinquent acts now? What are the steps

being taken by the Philippine Government in preventing this kind of

social problem?

The legal definition of child generally refers to a minor, otherwise

known as a person younger than the age of majority. There are many

social issues that affect children, such as childhood

education, bullying, child poverty, dysfunctional families and in

developing countries, hunger. Children can be raised by parents, in

a foster care or similar supervised arrangement, guardians or partially

raised in a day care center.

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WHAT ARE CHILD RIGHTS

Child Rights are “the recognition of the inalienable dignity of Child”

Free of discrimination, inequality, or distinction of any kind, human

dignity is universal, equal and inalienable.

“All human beings are born free and equal in dignity and rights.”

Beyond the concept, Child Rights are expressed and defined in legal

texts, which seek to guarantee the dignity of Child and to make it a

reality.

History of juvenile justice legislation in India

The first legislation on juvenile justice in India came in 1850 with

the Apprentice Act which required that children between the ages of 10-

18 convicted in courts to be provided vocational training as part of their

rehabilitation process. This act was transplanted by theReformatory

Schools Act, 1897, the Indian Jail Committee and later the Children Act

of 1960. The Juvenile Justice Bill was first introduced in the Lok

Sabha on 22 August 1986. This Act was further amended in 2006 and

2011 and is now known as the Juvenile Justice (Care and Protection)

Act, 2000. The State of Jammu and Kashmir has repealed its existing

juvenile law of 1997 and has enacted the Jammu & Kashmir (Care and

Protection of Children) Act 2013. This legislation is very similar to

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India's national juvenile law except that it does not contain any provision

on adoption.

Section 21 of the Juvenile Justice (Care and Protection of Children) Act,

2000 (56 of 2000) as amended by the Juvenile Justice (Care and

Protection of Children) Amendment Act, 2006 (33 of 2006)., states that:

“Prohibition of publication of name, etc., of juvenile or child in need of

care and protection involved in any proceeding under the Act-(1) No

report in any newspaper, magazine, news-sheet or visual media of any

inquiry regarding a juvenile in conflict with law or a child in need of

care and protection under this Act shall disclose the name, address or

school or any other particulars calculated to lead to the identification of

the juvenile or child shall nor shall any picture of any such juvenile or

child shall be published: Provided that for any reason to be recorded in

writing, the authority holding the inquiry may permit such disclosure, if

in its opinion such disclosure is in the interest of the juvenile or the

child. (2) Any person who contravenes the provisions of sub-section (1),

shall be liable to a penalty which may extend to twenty-five thousand

rupees”.

While provisions relating to the Juveniles in conflict with law are very

important from jurisprudence point of view, this Act becomes very

crucial for Children in Need of Care and Protection, as they are very

large in number. Section 29 of the Act provides constituting five

members District (Administrative unit in India) level quasi-judicial body

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"Child Welfare Committee". One of the members is designated as

Chairperson. At least one of the members shall be woman. The

Committee shall have the final authority to dispose of cases for the care,

protection, treatment, development and rehabilitation of the 'Children in

Need of Care and Protection' as well as to provide for their basic needs

and protection of human rights.

The Supreme Court of India vide Judgement in Hari Ram Versus State

of Rajasthan confirmed the retrospective effect of the Juvenile Justice

Act, 2000 in 2009, which was earlier confirmed by some of the High

Courts in India, particularly by Bombay High Court.

Pursuant to an order of Delhi High Court, the Act was further amended

in 2011 whereby certain provisions which were discriminatory to the

persons affected by leprosy have been deleted.

A revamped Juvenile Justice Bill was passed in the Lok Sabha on May

7, 2015 in the aftermath of the Delhi Rape Case of December, 2012 in

which a minor was found guilty. The new bill will allow minors in the

age group of 16-18 to be tried as adults if they commit heinous crimes.

The crime will be examined by the Juvenile Justice Board to ascertain if

the crime was committed as a 'child' or an 'adult'.

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DEFINITIONS ON CHILD

A young individual who is under the legal age of majority, or who is the

natural offspring of another. A minor; an individual who is not yet an

adult or who has not reached the age of majority. Most jurisdictions have

defined child in terms of a specified age of majority.

A “Juvenile” or “Child” means a person who has not completed eighteen

years of age.

According to International Law, a ‘Child’ means every human being

below the age of 18 years. Today this is a universally accepted definition

of a child which comes from the United Nations Convention on the

Rights of the Child (UNCRC).

UNDER INDIAN LAWS

CHILD LABOUR (prohibition and regulation act),1986

Section 2 (ii), A ‘child’ means a person who has still not completed the

age of fourteen years.

CONVENTION ON THE RIGHTS OF CHILD

Article 1, For the purposes of the present Convention, a child means

every human being below the age of 18 years unless under the law

applicable to the child, majority is attained earlier.

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JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2000

Section 2 (k), A ‘juvenile’ or ‘child’ means a person who has still not

completed the age of eighteen years.

RIGHT TO FREE AND COMPULSORY EDUCATION ACT,2009

Child means a male or female child of or between the age of six to

fourteen years.

PROHIBITION OF CHILD MARRIAGE ACT,2006

Section 2 (a), ‘Child’ means a person who, if a male has not completed

the age of twenty one years of age and if a female has not completed the

age of eighteen years of age.

THE PROTECTION OF CHILDREN FROM SEXUAL

OFFENCE, (POSCO), 2012

‘Child’ mean any children below the age of eighteen years.

IMMORTAL TRAFFICKING AND PREVENTION ACT, 1956

Section 2 (a), ‘Child’ means who has not completed the age of eighteen

years.

PLANTATION LABOUR ACT,1951

Sec 2 (c) "child" means a person who has not completed his fifteenth

years"

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FACTORIES ACT,1968

Juvenile is a person who has not completed the age of fourteen years of

age.

MINES ACT,1952

Juvenile is a person who has not completed the age of eighteen years of

age.

MOTOR TRANSPORT WORKERS ACT, 1961

Juvenile is a person who has not completed the age of fourteen years of

age.

APPRENTICES ACT,1961

Juvenile is a person who has not completed the age of fourteen years of

age.

BIDI AND CIGAR WORKERS ACT, 1966

Juvenile is a person who has not completed the age of fourteen years of

age.

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Definition of the rights of the child

Children’s rights were recognized after the 1st World war, with the

adoption of the Declaration of Geneva, in 1924. The process of

recognition of children’s rights continued thanks to the UN, with the

adoption of the Declaration of children’s rights in 1959.

The recognition of the child’s interest and his rights becomes real on 20

November 1989 with the adoption of the International Convention on

the Rights of the Child which is the first international legally binding

text recognizing all the fundamental rights of the child.

Children’s rights are human rights. They protect the child as a human

being. As human rights, children’s rights are constituted by fundamental

guarantees and essential human rights:

Children’s rights recognize fundamental guarantees to all human

beings : the right to life, the non-discrimination principle, the right to

dignity through the protection of physical and mental integrity

(protection against slavery, torture and bad treatments, etc.)

Children’s rights are civil and political rights, such as the right to

identity, the right to a nationality, etc.

Children’s rights are economic, social and cultural rights, such as the

right to education, the right to a decent standard of living, the right to

health, etc.

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Children’s rights include individual rights: the right to live with his

parents, the right to education, the right to benefit from a protection, etc.

Children’s rights include collective rights: rights of refugee and disabled

childrens, of minority children or from autochthonous groups.

Children’s rights: rights adapted to children

Children’s rights are human rights specifically adapted to the child

because they take into account his fragility, specificities and age-

appropriate needs.

Children’s rights take into account the necessity of development of the

child. The children thus have the right to live and to develop suitably

physically and intellectually.

Children’s rights plan to satisfy the essential needs for a good

development of the child, such as the access to an appropriate

alimentation, to necessary care, to education, etc.

Children’s rights consider the vulnerable character of the child. They

imply the necessity to protect them. It means to grant a particular

assistance to them, and to give a protection adapted to their age and to

their degree of maturity. So, the children have to be helped and

supported and must be protected against labour exploitation, kidnapping,

and ill-treatment, etc. 

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Children/Juveniles need care and protection?(CCNP)

According to Section 2 (d) of Juvenile Justice Act, a child in needs of

care and protection means:

Child who is found without any home or settled place or abode and

without any ostensible means of subsistence.

Child who is found begging or who is either a street child or a working

child.

Child who resides with a person, whether a guardian of the child or not,

and such person has threatened to kill or injure the child or abused and

there is a reasonable likelihood of the threat being carried out or has

killed, abused or neglected some other child or children and there is a

reasonable likelihood of the child in question being killed, abused or

neglected by that person.

Child who is mentally or physically challenged or children suffering

from terminal or incurable disease having no one to support or look

after.

Child who has a parent or guardian, such parent or guardian is unfit or

incapacitated to exercise control over the child.

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Child who does not have parents and no one is willing to take care of or

whose parents have abandoned him or who is missing or run away child

and whose parents cannot be found after reasonable inquiry.

Child who is being grossly abused, tortured or exploited for the purpose

of sexual abuse or illegal acts.

Child who is found vulnerable and is likely to be inducted into drug

abuse or trafficking.

Child who is being or is likely to be abused for unconscionable gain.

Child who is a victim of any armed conflict civil commotion or natural

calamity.

Juvenile Delinquency

The act of participating in a crime by a minor is considered juvenile

delinquency. This criminal act can be punished by an array of means,

designed specifically to deal with those who are under the statutory age

of majority. However, the rise of street gangs makes many people argue

that the severity of the juvenile prosecution system is not high enough to

constitute proper punishment. Thus, the perpetrators must be tried under

adult laws.

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It is hard to argue this position as the crimes committed by gang

members, regardless of their age, are often as serious and heinous as the

ones committed by adults. If one looks at the problem from one point of

view, it is hard to understand why the criminal cannot be punished with

the entire severity of the law. As the number of youngsters who get

arrested for serious offences increases, it is only natural to believe that

the severity of their punishments must be increased as well. This should

make the perpetrators understand the real extent of their actions. A

person who is duly punished for breaking the law will be wearier of

repeating the act. This cannot be said about someone whose punishment

is too light when compared to the crime committed.

Is it fair to punish a minor under the laws designed for adults? The issue

of morals makes answering this question more difficult, as people are

taught that the same rules for adults cannot be applied to children. The

differences in their attitudes and psyche are too big to overlook. Minors’

psyche is less stable by default, and they are easily influenced by those

with stronger personalities. The leaders of juvenile gangs fall into this

category, so it is only logical that they can manipulate those who are

struggling to find their place in the world, while suffering under the

onslaught of hormones triggered by puberty. This unstable psychological

condition is the main reason that explains why minors are perceived as

incapable of taking the blame for their actions. However, teenage angst

can hardly be seen as an excuse to commit a serious crime. This is not a

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matter of not seeing the right from wrong. There are laws that must be

complied with, and not doing so is wrong by default. One’s existential

crisis is not a good enough reason to use as an excuse for breaking the

law.

People who support the idea that juvenile delinquency should be

perceived as a less serious crime, based solely on the age of the

offenders, do not see the whole picture. If the nature of the acts

committed by minors is serious enough to be tried under adult laws, this

is the course of action that should be taken. Even minors are clearly

capable of understanding the law and their obligations to comply with it.

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CONSTITUTIONAL PROVISIONS

These are the provisions which is consistent with or dependent upon the

fundamental law that defines and establishes government in society and

basic principles to which society is to conform.

Article 15: not discriminate against any citizen

Article 21: no person shall be deprived of hislife or personal liberty

Article 23: Traffic in humnan beings, forcedlabour prohibited

Article 24: No child below 14 years to work 7

 Article 39: the tender age of children are not abused

Article 42: For securing just and humane conditions of work and for

maternity relief

Article 45: Free and compulsory education to all children till fourteen

years of age.

Article 47: Raising of the level of nutrition and the standard of living of

its people.

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INTERNATIONAL CONVENTIONS

UDHR, 1948

The Universal Declaration of Human Rights (UDHR) is a declaration

adopted by the United Nations General Assembly on 10 December 1948

at the Palais de Chaillot, Paris. The Declaration arose directly from the

experience of the Second World War and represents the first global

expression of rights to which all human beings are inherently entitled.1

In 1948, the United Nations General Assembly adopted the Universal

Declaration of Human Rights, which represents “a common standard of

achievement for all peoples and all nations.”

Article 25. (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.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least

in the elementary and fundamental stages. Elementary education shall be

compulsory. Technical and professional education shall be made

generally available and higher education shall be equally accessible to

all on the basis of merit.1 http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights

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(2) Education shall be directed to the full development of the human

personality and to the strengthening of respect for human rights and

fundamental freedoms. It shall promote understanding, tolerance and

friendship among all nations, racial or religious groups, and shall further

the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall

be given to their children.

INTERNATIONAL COVENANT ON CIVIL AND

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POLITICAL RIGHTS,1966

Article 24

1. Every child shall have, without any discrimination as to race, colour,

sex, language, religion, national or social origin, property or birth, the

right to such measures of protection as are required by his status as a

minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have

a name.

3. Every child has the right to acquire a nationality.

INTERNATIONAL COVENANT ON ECONOMIC

SOCIAL AND CULTURAL RIGHTS,1966

The preamble of ICESCR, insofar as it recognizes the indivisibility of

human rights.

Article 11 recognises the right of everyone to an adequate standard of

living. This includes, but is not limited to, the right to adequate food,

clothing, housing, and "the continuous improvement of living

conditions"

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Article 12 of the Covenant recognises the right of everyone to "the

enjoyment of the highest attainable standard of physical and mental

health". "Health" is understood not just as a right to be healthy, but as a

right to control ones own health and body (including reproduction), and

be free from interference such as torture or medical experimentation.

 European Convention on Human Rights (ECHR) , 1950

Article 5 provides that everyone has the right to liberty and security of

person. Article 5 provides the right to liberty, subject only to lawful

arrest or detention under certain other circumstances, such as arrest on

reasonable suspicion of a crime or imprisonment in fulfilment of a

sentence. 

Article 6 provides a detailed right to a fair trial, including the right to

a public hearing before an independent and impartial tribunal within

reasonable time, the presumption of innocence, and other minimum

rights for those charged with a criminal.

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Declaration of the Rights of the Child, 1959

In 1959, the United Nations General Assembly adopted the Declaration

of the Rights of the Child. It marked the first major international

consensus on the fundamental principles of children’s rights.

In 1924, the League of Nations (LON) adopted theGeneva Declaration, a

historic document that recognised and affirmed for the first time the

existence of rights specific to children and the responsibility of adults

towards children.

The United Nations (UN) was founded after World War II. It took over

the Geneva Declaration in 1946. However, following the adoption of the

Universal Declaration of Human Rights in 1948, the advancement of

rights revealed the shortcomings of the Geneva Declaration, which

therefore had to be expanded.

The Declaration of the Rights of the Child lays down ten principles:

1. The right to equality, without distinction on account of race, religion

or national origin.

2. The right to special protection for the child’s physical, mental and

social development.

3. The right to a name and a nationality.

4. The right to adequate nutrition, housing and medical services.

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5. The right to special education and treatment when a child is physically

or mentally handicapped.

6. The right to understanding and love by parents and society.

7. The right to recreational activities and free education.

8. The right to be among the first to receive relief in all circumstances.

9. The right to protection against all forms of neglect, cruelty and

exploitation.

10. The right to be brought up in a spirit of understanding, tolerance,

friendship among peoples, and universal brotherhood.

 

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Convention on the Rights of the Child

The Convention on the Rights of the Child is part of the legally binding

international instruments for the guarantee and the protection of Human

Rights. Adopted in 1989, the Convention’s objective is to protect the

rights of all children in the world.

The 1st legally binding text that protects the rights of children

The most comprehensive text for the protection of children’s rights

This Convention represents the most comprehensive international text

that exists in terms of children’s rights protection. Even though other

international instruments, such as the International Pacts, the ILO

Conventions, and the international adoption Convention guarantee

children’s rights, the Convention is the only text to address all aspects of

children’s rights.

The Convention comprises 54 articles that establish the body of all

children’s civil and political rights, as well as their economic, social and

cultural rights.

The CRC is primarily concerned with four aspects of children’s rights

(the four P's): 1) Participation by children in decisions affecting them;

2) Protection of children against discrimination and all forms of neglect

and exploitation;

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3) Prevention of harm to them; and

4) Provision of assistance to children for their basic needs.

Although this wording sounds good on its face, when the feel good

language is peeled away it is quite an attack on parental rights.

The United Nations Convention on the Rights of the Child (commonly

abbreviated as the CRC, CROC, or UNCRC) is a human rights

treaty which sets out the civil, political, economic, social, health and

cultural rights of children. The Convention defines a child as any human

being under the age of eighteen, unless the age of majority is attained

earlier under a state's own domestic legislation.

Nations that ratify this convention are bound to it by international law.

Compliance is monitored by the UN Committee on the Rights of the

Child, which is composed of members from countries around the world.

Once a year, the Committee submits a report to the Third Committee of

the United Nations General Assembly, which also hears a statement

from the CRC Chair, and the Assembly adopts a Resolution on the

Rights of the Child.

The UN General Assembly adopted the Convention and opened it for

signature on 20 November 1989 (the 30th anniversary of its Declaration

of the Rights of the Child).It came into force on 2 September 1990, after

it was ratified by the required number of nations. Currently, 194

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countries are party to it, including every member of the United Nations

except Somalia and the United States. In Somalia, parliamentary

approval and presidential assent of the ratification act was obtained

"without the articles of 14, 20 and 21 due to Somali culture, religion and

the provisional constitution." On 20 January 2015, Somalia ratified the

convention and the process will be finalized once the Government of

Somalia deposits the instrument of ratification at UN Headquarters in

New York.

Two optional protocols were adopted on 25 May 2000. The First

Optional Protocol restricts the involvement of children in military

conflicts, and the Second Optional Protocol prohibits the sale of

children, child prostitution and child pornography. Both protocols have

been ratified by more than 150 states.

A third optional protocol relating to communication of complaints was

adopted in December 2011 and opened for signature on 28 February

2012. It came into effect on 14 April 2014.2

PROVISIONS:

Article 1

For the purposes of the present Convention, a child means every human

being below the age of eighteen years unless under the law applicable to

the child, majority is attained earlier.

2 http://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child

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1) Article 7 (1) - Every child shall be registered by the government

immediately after birth. This means that government tracking will be

required.

2) Article 24 - Every child shall receive the highest attainable level of

health care services. The American Bar Association determined that this

provision indicates a mandatory federal health insurance plan would be

necessary to comply with the treaty.

3) Article 28 (2) states that all schools must be prohibited from using

corporal punishment.

Article 19(1) and Article 37(a) not only prohibit school authorities from

administering corporal punishment but it also applies to parents, legal

guardians or any other person who has care of the child. This section

will essentially outlaw spanking.

4) Article 13 (1) - Under this article the United States will be required to

“ensure” that children are vested with “freedom of expression”. The

article states, "The child shall have the right to freedom of expression:

this right shall include freedom to seek, receive, and impart information

and ideas of all kinds, regardless of frontiers, either orally, in writing or

in print, in the form of art or through any other media of the child’s

choice." This essentially gives children the right to

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listen to any form of music (rock, gang rap, etc.) watch any channels on

the television and even have access to pornography!

5) Article 14 (1) - "States Parties shall respect the rights of the child to

freedom of thought, conscience and religion." This will give children the

right to object to their parents’ religious training and participate instead

in religious services that their parents consider to be cults.

6) Article 15 (1) - Under this article children would have the right to

freedom of association. It reads, "States Parties recognize the rights of

the child to freedom of association and to freedom of peaceful

assembly." Parents could not prohibit their children from associating

with certain other children, gangs or cults.

7) Article 16 (1) - "No child shall be subjected to arbitrary or unlawful

interference with his or her privacy, family, home or correspondence,

nor to unlawful attacks on his or her honour and reputation." A child will

be given a “right to privacy”. This would make it easy for children to get

abortions over their parents’ objections. The parents would not even

know. This would virtually negate all parental notification laws

concerning abortion and any other laws or policies that require parental

notification.

8) Article 28 (1) - "States Parties recognize the right of the child to

education..." Under the U.N. Treaty public education would be a “right”

to all children of the United States. Parents interfering with the child’s

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right to choose public education would be violating his rights and could

be subject to prosecution. Can you say bye-bye homeschooling?

9) Article 43 - "States parties shall undertake all appropriate legislative

administrative, and other measures for the implementation of the rights

recognized in the present Convention. With regard to economic, social

and cultural rights, States Parties shall undertake such measures to the

maximum extent of their available resources and, where needed, within

the framework of international cooperation." This article makes it clear

that signatory nations would be bound to expend considerable financial

resources for implementation of the CRC Treaty.

10) Article 43 (2) - This article establishes an international committee of

ten experts elected by secret ballot to oversee the progress of the

implementation of the treaty. America will have its domestic policy

subjected to foreign control, and the sovereignty of our nation will be

under threat.

These are but a few of the numerous examples of how this treaty can

affect our rights to homeschool let alone our rights to have parental

control over our children. We do not need this treaty! We already have

a massive child welfare system in place, and the havoc that would be

caused by the litigation-gone-wild would be immeasurable. We must

stay informed on the status of this and any other treaty as they do not go

away. It appears that a constitutional amendment is what is needed to

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remove the Achilles’ heel” and protect parental rights from the courts

and international law.

IN INDIA

India ratified UNCRC on 11 December 1992, agreeing in principles all

articles except with certain reservations on issues relating to 'child

labour'. In India there is law that children under the age of 18 should not

work, but there is no outright ban on child labor, and the practice is

generally permitted in most industries except those deemed

"hazardous". Although a law in October 2006 banned child labor in

hotels, restaurants, and as domestic servants, there continues to be high

demand for children as hired help in the home. Current estimates as to

the number of child laborers in the country range from the government's

conservative estimate of 12 million children under 13 years of age to the

much higher estimates of children's rights activists, which hover around

60 million. Little is being done to address the problem since the

economy is booming and the nuclear family is spreading, thereby

increasing demand for child laborers. In India many people are still

suffering from non-nutritious food, many parents are still leaving their

children on riverside, in trains etc. Under the auspices of

the Unicef financed Odisha initiative the Government of India is

specifying the outline of a means of change and improvement in child

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care, and many trusts such as childLine, Plan India and savethechildren

too are taking efforts to outdate child labour from India. A few of the

organisations who work with children's rights in India are Plan India,

CRY (Child Rights and You), Save the Children, Bal Vikas Dhara-New

Delhi, Bachpan Bachao Andolan, CHORD-Hyderabad.3

3 http://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child

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CONCLUSION

The Convention on the Rights of the Child is the most rapidly and

widely ratified international human rights treaty in history. The

Convention changed the way children are viewed and treated – i.e., as

human beings with a distinct set of rights instead of as passive objects of

care and charity. The unprecedented acceptance of the Convention

clearly shows a wide global commitment to advancing children’s rights. 

In every region of the world, from Brazil to Burkina Faso, Finland to

Fiji, Madagascar to Mexico, the Convention has inspired changes in

laws and practice that have improved the lives of millions of children.

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BIBLIOGRAPHY

Dr. Krishna Pal Malik Administration of Juvenile Justice in India

Paras Diwan Children and Legal Protection

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WEBLIOGRAPHY

www.Wikipedia.com

www.Yourarticle.com

www.Humanium.com

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