CHILD RIGHTS... LAWS EXIST BUT NEEDS TO BE REALIZED AND EXECUTED

India has always recognized the category of persons below the age of 18 years as distinct legal entity. Moreover, after ratifying the UNCRC in 1992, India changed its law on juvenile justice to ensure that every person below the age of 18 years, who is in need of care and protection, is entitled to receive it from the State.

Children need special attention since children are more vulnerable than adults to the conditions under which they live hence they are more affected than any other age group by the actions and inaction of the society. In most societies, views persist that children are their parent’s property, or are adults in the making. Children are not seen as people who have a mind of their own, a view to express, the capacity to make a choice and an ability to decide. Instead of being guided by adults, their life is decided by adults.  Children are particularly vulnerable to exploitation and abuse.

Four sets of civil, political, social, economic and cultural rights which are Survival, Protection, Development and Participation.

Right to Survival includes: Right to life, the highest attainable standard of health, nutrition, adequate standard of living and a name and a nationality.

Right to Development includes: Right to education, support for early childhood care and development, social security, right to leisure, recreation and cultural activities.

Right to Protection includes freedom from all forms of exploitation, abuse, inhuman or degrading treatment and neglect.

Right to Participation includes; Respect for the views of the child, freedom of expression, access to appropriate information, freedom of thought, conscience and religion.

All rights are dependent on each other and are indivisible. However, because of their nature all rights are divided into:

Immediate Rights (Civil and Political Rights) which include such things as discrimination, punishment, right to a fair hearing in criminal cases and a separate system of juvenile justice, right to life, right to nationality, right to re-unification with the family. Most protection rights fall within the category of immediate rights and therefore demand immediate attention and intervention.

Progressive Rights (Economic, Social and Cultural Rights), which include health and education and the rights that are not covered by the first category.