CHILDREN AND CRIME(s): ROLE OF JUDICIARY IN PROTECTING CHILD RIGHTS (original) (raw)
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Legal Protection Of Children In Human Rights Perspectives
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Children have been given the special status and legal protection within the United Nations framework and in regional human rights treaties due to their vulnerability. They enjoy the same human rights and fundamental freedoms as all individuals. The International legal framework for the protection of children assures the positive obligations for the states to ensure the safeguarding and protection of rights of children. United Nations affirms the ‘Best Interests of Child’ principle in letter and spirit with an aspiration that international community will pave a path to sensitise the domestic justice delivery justice system of the states and to move in sync with International legal frameworks for the protection of Child Rights. The Beijing Rules of 1985, United Nations Convention on the protection of child rights 1989, Havana Rules and Riyadh Guidelines of 1990 etc. comprehensively forms this International Legal Framework with the aim and responsibility to protect the most vulnerable community of our society i.e. Children.
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In medical literature, child maltreatment is considered as a public-health problem or an issue of harm to individuals, but less frequently as a violation of children's human rights. Public-health approaches emphasise monitoring, prevention, cost-effectiveness, and population strategies; protective approaches concentrate on the legal and professional response to cases of maltreatment. Both approaches have been associated with improvement in outcomes for children, yet maltreatment remains a major global problem. We describe how children's rights provide a different perspective on child maltreatment, and contribute to both public-health and protective responses. Children's rights as laid out in the UN convention on the rights of the child (UNCRC) provide a framework for understanding child maltreatment as part of a range of violence, harm, and exploitation of children at the individual, institutional, and societal levels. Rights of participation and provision are as important as rights of protection. The principles embodied in the UNCRC are concordant with those of medical ethics. The greatest strength of an approach based on the UNCRC is that it provides a legal instrument for implementing policy, accountability, and social justice, all of which enhance public-health responses. Incorporation of the principles of the UNCRC into laws, research, public-health policy, and professional training and practice will result in further progress in the area of child maltreatment.
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The international standards on child rights protection are amplified in this article which is based on an extensive review of literature. There are four categories of child rights such as civil, political, social, economic and cultural rights. provided meaningful norms and guidelines for the protection of child rights all over the world. The UN Convention contains about 54 articles covering a wide variety of rights of the protection/ welfare and the autonomy aspects. The World Summit for Children (1991) was convened in New York in order to take stock of the universal child rights protection. The United Nations bodies and specialized agencies were enabled to take active part in the deliberations and provide useful norms and guidelines for the protection of children. Concerted efforts are required to ensure global action for child rights protection in the new millennium.
International Protection of Children: A Legal Appraisal
Unlike the legal traditions of the East, the recognition of children's special and vulnerable position, evolving capacity and independent entitlements began to inform the legal frameworks of the West only in the last century or so. While the League of Nations took note of the rights of children in the 1920's, the topic has drawn increasing public attention in recent times. With the recognition of the vulnerabilities of varied segments of people and their respective rights under the UN system -refugees, civilians caught up in armed conflicts, colonized peoples, women, ethnic, racial and religious minorities, etc.-, the question of children's protection in varied circumstances gained traction as an important community interest. Consequentially, an impressive range of international norms that define the rights of, and offer protection for, children has become part of the global human rights discourse.
Child Welfare -Measures to Combat Violation, Exploitation & Abuse
International Journal of Management, Technology, and Social Sciences (IJMTS),, 2019
Biologically, Child falls within the state of human development in between the stages of birth and puberty below the age of 14 years of age. Child is a gift of almighty which need to be nurtured, cared, respected, loved and protected. The children during their tender age require abundant care, love and affection from their parents, relatives and friends. Almost 40 percent approximately 440 million of Indian population comprises of children. Small children are the victims of erroneous offenses including Child Labour, Rape, Sexual Exploitation, Forced Marriage, Torture, Kidnapping, Negligence, Deprivation, etc. The violation of Child Rights in the name of tradition, religion, gender, class, caste, race and reputation causes physical or mental injury or even death of innocent children. Many children are frequently subjected to physical or sexual abuses at home, school, and society. Child Right falls within the ambit of Human Rights for food, basic needs, education, health care, identity and freedom of children. Child Protection shall be emphasized within the policy framework of both Central and State Government. Child Welfare is possible through the collective efforts of Police, social workers, health care professionals, local authorities, volunteers and general public. This paper describes about various problems faced by the children, child welfare schemes implemented in the multifaceted areas, statutory protection and various efforts to combat violence, discrimination, neglect, abuse and exploitation against children in India.