chil protection home bhaktapur

8/17/2019 Chil Protection Home Bhaktapur

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FIELD VISIT REPORT ON IMPLICATION OF CHILD

RIGHTS AT LOCAL ORPHANAGE

A field visit report submitted for the partial fulfilment as the

requirement of the Second year B.A. in Psychology of Juvenile Delinquency (!"B#

Submitted to:

Department of psychology $ Philosophy

%ri&chandra 'ultiple ampus) *hantaghar) +tm) ,epal

Submitted by:

,ishesh Acharya

BA "nd year

-oll ,o. !0/01

Symbol ,o. 10!"


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Table of o!te!t

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A!aly'i' a!d o!lu'io!####################################################################(*

Refe"e!e'##########################################################################################(+

A,,e!di-############################################################################################(.


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I!t"odutio!

hild rights are the human rights given to children 2ith some attention to

the rights of special protection and care afforded to minors. 3ere) children are the

individuals belo2 !4 years of old. Different la2s and conventions advocating

child right have organised the issues of child rights in four categories.

!. -ight to survival

Survival rights include the child5s right to life and the needs that are most basic to

e6istence) such as nutrition) shelter) an adequate living standard) and access to

medical services. hildren are physically and psychologically 2ea7. %hey are not

capable of managing food) shelter) clothes etc. So it is the responsibility of parents

to arrange such basic and additional needs for their survival. Survival need

includes child5s health and social 2ellbeing. 8t also concerns 2ith mother5s proper

condition) nourishment during pregnancy.

". -ight to protection

Protection rights ensure children are safeguarded against all forms of abuse)

neglect and e6ploitation) including special care for refugee children9 safeguards

for children in the criminal :ustice system9 protection for children in employment9

protection and rehabilitation for children 2ho have suffered e6ploitation or abuse

of any 7ind. hildren) because of physical and psychological immaturity are

unable to ma7e proper decisions action. %hey al2ays have chance of being

misguided and misused by adults of criminal tendency. 8t their right to be safe

from violence) harm) physical and psychological abuse) traffic7ing) ma7ing them


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child labour) se6ual abuse) and using in armed forces to get political gains. State

should ma7e insure their protection and liberty.

. -ight to development

Development rights include the right to education) play) leisure) cultural

activities) access to information and freedom of thought) conscience and religion.

8n short) right to development ensures overall development of the children) 2hich

include physical) emotional) social) cognitive and moral development. %a7eoff

booster of overall development in children is education. ;verall development

2ithout proper education is not possible. -ight to choose the field/2or7 of interest

and right to be involved in recreational activities also come under -ight to

development.

nited ,ation5s onvention on -ights of the hild is the international

convention that has addressed basic needs and rights of child in detail %he >nited

,ations onvention on the right of children (>,-# is a comprehensive.

8nternationally binding agreement on the right of children) adopted by the general


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assembly in !?4?. onvention has been ratified by !?! countries including ,epal.

8t has @< articles that incorporate children5s civil and political right (li7e their

treatment under the la2#) social) economic and cultural right (li7e and adequate

standard of living# and protection rights (from abuse and e6ploitation#. %heir

summery is as follo2s

Article ! (Definition of the child# %he onvention defines a =child= as a person

belo2 the age of !4) unless the la2s of a particular country set the legal age for

adulthood younger. %he ommittee on the -ights of the hild) the monitoring

body for the onvention) has encouraged States to revie2 the age of ma:ority if it

is set belo2 !4 and to increase the level of protection for all children under !4.

Article " (,on&discrimination# %he onvention applies to all children) 2hatever

their race) religion or abilities9 2hatever they thin7 or say) 2hatever type of family

they come from. 8t doesn5t matter 2here children live) 2hat language they spea7)

2hat their parents do) 2hether they are boys or girls) 2hat their culture is) 2hether

they have a disability or 2hether they are rich or poor. ,o child should be treated

unfairly on any basis.

Article (Best interests of the child# %he best interests of children must be the

primary concern in ma7ing decisions that may affect them. All adults should do

2hat is best for children. hen adults ma7e decisions) they should thin7 about

ho2 their decisions 2ill affect children. %his particularly applies to budget) policy

and la2 ma7ers.

Article < (Protection of rights# *overnments have a responsibility to ta7e all

available measures to ma7e sure children5s rights are respected) protected and

fulfilled. hen countries ratify the onvention) they agree to revie2 their la2s


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relating to children. %his involves assessing their social services) legal) health and

educational systems) as 2ell as levels of funding for these services. *overnments

are then obliged to ta7e all necessary steps to ensure that the minimum standards

set by the onvention in these areas are being met. %hey must help families

protect children5s rights and create an environment 2here they can gro2 and reach

their potential. 8n some instances) this may involve changing e6isting la2s or

creating ne2 ones. Such legislative changes are not imposed) but come about

through the same process by 2hich any la2 is created or reformed 2ithin a

country. Article

higher legal standards than those seen in the onvention) the higher standards

al2ays prevail.

Article @ (Parental guidance# *overnments should respect the rights and

responsibilities of families to direct and guide their children so that) as they gro2)

they learn to use their rights properly. 3elping children to understand their rights

does not mean pushing them to ma7e choices 2ith consequences that they are too

young to handle. Article @ encourages parents to deal 2ith rights issues in a

manner consistent 2ith the evolving capacities of the child. %he onvention does

not ta7e responsibility for children a2ay from their parents and give more

authority to governments. 8t does place on governments the responsibility to

protect and assist families in fulfilling their essential role as nurturers of children.

Article (Survival and development# hildren have the right to live.

*overnments should ensure that children survive and develop healthily.

Article 1 (-egistration) name) nationality) care# All children have the right to a

legally registered name) officially recognised by the government. hildren have


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the right to a nationality (to belong to a country#. hildren also have the right to

7no2 and) as far as possible) to be cared for by their parents.

Article 4 (Preservation of identity# hildren have the right to an identity C an

official record of 2ho they are. *overnments should respect children5s right to a

name) a nationality and family ties.

Article ? (Separation from parents# hildren have the right to live 2ith their

parent(s#) unless it is bad for them. hildren 2hose parents do not live together

have the right to stay in contact 2ith both parents) unless this might hurt the child.

Article !0 (amily reunification# amilies 2hose members live in different

countries should be allo2ed to move bet2een those countries so that parents and

children can stay in contact) or get bac7 together as a family.

Article !! (+idnapping# *overnments should ta7e steps to stop children being

ta7en out of their o2n country illegally. %his article is particularly concerned 2ith

parental abductions. %he onvention5s ;ptional Protocol on the sale of children)

child prostitution and child pornography has a provision that concerns abduction

for financial gain.

Article !" (-espect for the vie2s of the child# hen adults are ma7ing decisions

that affect children) children have the right to say 2hat they thin7 should happen

and have their opinions ta7en into account.

Article ! (reedom of e6pression# hildren have the right to get and share

information) as long as the information is not damaging to them or others. 8n

e6ercising the right to freedom of e6pression) children have the responsibility to

also respect the rights) freedoms and reputations of others. %he freedom of


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e6pression includes the right to share information in any 2ay they choose)

including by tal7ing) dra2ing or 2riting.

Article !< (reedom of thought) conscience and religion# hildren have the right

to thin7 and believe 2hat they 2ant and to practice their religion) as long as they

are not stopping other people from en:oying their rights. Parents should help guide

their children in these matters. %he onvention respects the rights and duties of

parents in providing religious and moral guidance to their children. -eligious

groups around the 2orld have e6pressed support for the onvention) 2hich

indicates that it in no 2ay prevents parents from bringing their children up 2ithin

a religious tradition. At the same time) the onvention recogniEes that as children

mature and are able to form their o2n vie2s) some may question certain religious

practices or cultural traditions. %he onvention supports children=s right to

e6amine their beliefs) but it also states that their right to e6press their beliefs

implies respect for the rights and freedoms of others.

Article !@ (reedom of association# hildren have the right to meet together and

to :oin groups and organiEations) as long as it does not stop other people from

en:oying their rights. 8n e6ercising their rights) children have the responsibility to

respect the rights) freedoms and reputations of others.

Article ! (-ight to privacy# hildren have a right to privacy. %he la2 should

protect them from attac7s against their 2ay of life) their good name) their families

and their homes.

Article !1 (Access to information9 mass media# hildren have the right to get

information that is important to their health and 2ell&being. *overnments should

encourage mass media C radio) television) ne2spapers and 8nternet content

sources C to provide information that children can understand and to not promote


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materials that could harm children. 'ass media should particularly be encouraged

to supply information in languages that minority and indigenous children can

understand. hildren should also have access to children5s boo7s.

Article !4 (Parental responsibilities9 state assistance# Both parents share

responsibility for bringing up their children) and should al2ays consider 2hat is

best for each child. *overnments must respect the responsibility of parents for

providing appropriate guidance to their children C the onvention does not ta7e

responsibility for children a2ay from their parents and give more authority to

governments. 8t places a responsibility on governments to provide support

services to parents) especially if both parents 2or7 outside the home.

Article !? (Protection from all forms of violence# hildren have the right to be

protected from being hurt and mistreated) physically or mentally. *overnments

should ensure that children are properly cared for and protect them from violence)

abuse and neglect by their parents) or anyone else 2ho loo7s after them. 8n terms

of discipline) the onvention does not specify 2hat forms of punishment parents

should use. 3o2ever any form of discipline involving violence is unacceptable.

%here are 2ays to discipline children that are effective in helping children learn

about family and social e6pectations for their behaviour C ones that are non&

violent) are appropriate to the child=s level of development and ta7e the best

interests of the child into consideration. 8n most countries) la2s already define

2hat sorts of punishments are considered e6cessive or abusive. 8t is up to each

government to revie2 these la2s in light of the onvention.

Article "0 (hildren deprived of family environment# hildren 2ho cannot be

loo7ed after by their o2n family have a right to special care and must be loo7ed


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after properly) by people 2ho respect their ethnic group) religion) culture and

language.

Article "! (Adoption# hildren have the right to care and protection if they are

adopted or in foster care. %he first concern must be 2hat is best for them. %he

same rules should apply 2hether they are adopted in the country 2here they 2ere

born) or if they are ta7en to live in another country.

Article "" (-efugee children# hildren have the right to special protection and

help if they are refugees (if they have been forced to leave their home and live in

another country#) as 2ell as all the rights in this onvention.

Article " (hildren 2ith disabilities# hildren 2ho have any 7ind of disability

have the right to special care and support) as 2ell as all the rights in the

onvention) so that they can live full and independent lives.

Article "< (3ealth and health services# hildren have the right to good quality

health care C the best health care possible C to safe drin7ing 2ater) nutritious food)

a clean and safe environment) and information to help them stay healthy. -ich

countries should help poorer countries achieve this.

Article "@ (-evie2 of treatment in care# hildren 2ho are loo7ed after by their

local authorities) rather than their parents) have the right to have these living

arrangements loo7ed at regularly to see if they are the most appropriate. %heir care

and treatment should al2ays be based on Fthe best interests of the childG. (see

*uiding Principles) Article #

Article " (Social security# hildren C either through their guardians or directly C

have the right to help from the government if they are poor or in need.


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Article "1 (Adequate standard of living# hildren have the right to a standard of

living that is good enough to meet their physical and mental needs. *overnments

should help families and guardians 2ho cannot afford to provide this) particularly

2ith regard to food) clothing and housing.

Article "4 (-ight to education# All children have the right to a primary

education) 2hich should be free. ealthy countries should help poorer countries

achieve this right. Discipline in schools should respect children5s dignity. or

children to benefit from education) schools must be run in an orderly 2ay C

2ithout the use of violence. Any form of school discipline should ta7e into

account the child=s human dignity. %herefore) governments must ensure that

school administrators revie2 their discipline policies and eliminate any discipline

practices involving physical or mental violence) abuse or neglect. %he onvention

places a high value on education. Houng people should be encouraged to reach the

highest level of education of 2hich they are capable.

Article "? (*oals of education# hildren5s education should develop each child5s

personality) talents and abilities to the fullest. 8t should encourage children to

respect others) human rights and their o2n and other cultures. 8t should also help

them learn to live peacefully) protect the environment and respect other people.

hildren have a particular responsibility to respect the rights their parents) and

education should aim to develop respect for the values and culture of their parents.

%he onvention does not address such issues as school uniforms) dress codes) the

singing of the national anthem or prayer in schools. 8t is up to governments and

school officials in each country to determine 2hether) in the conte6t of their

society and e6isting la2s) such matters infringe upon other rights protected by the

onvention.


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Article 0 (hildren of minorities/indigenous groups# 'inority or indigenous

children have the right to learn about and practice their o2n culture) language and

religion. %he right to practice one5s o2n culture) language and religion applies to

everyone9 the onvention here highlights this right in instances 2here the

practices are not shared by the ma:ority of people in the country.

Article ! (Ieisure) play and culture# hildren have the right to rela6 and play)

and to :oin in a 2ide range of cultural) artistic and other recreational activities.

Article " (hild labour# %he government should protect children from 2or7 that

is dangerous or might harm their health or their education. hile the onvention

protects children from harmful and e6ploitative 2or7) there is nothing in it that

prohibits parents from e6pecting their children to help out at home in 2ays that

are safe and appropriate to their age. 8f children help out in a family farm or

business) the tas7s they do be safe and suited to their level of development and

comply 2ith national labour la2s. hildren=s 2or7 should not :eopardiEe any of

their other rights) including the right to education) or the right to rela6ation and

play.

Article (Drug abuse# *overnments should use all means possible to protect

children from the use of harmful drugs and from being used in the drug trade.

Article < (Se6ual e6ploitation# *overnments should protect children from all

forms of se6ual e6ploitation and abuse. %his provision in the onvention is

augmented by the ;ptional Protocol on the sale of children) child prostitution and

child pornography.


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Article @ (Abduction) sale and traffic7ing# %he government should ta7e all

measures possible to ma7e sure that children are not abducted) sold or traffic7ed.

Article (;ther forms of e6ploitation# hildren should be protected from any

activity that ta7es advantage of them or could harm their 2elfare and

development.

Article 1 (Detention and punishment# ,o one is allo2ed to punish children in a

cruel or harmful 2ay. hildren 2ho brea7 the la2 should not be treated cruelly.

%hey should not be put in prison 2ith adults) should be able to 7eep in contact

2ith their families) and should not be sentenced to death or life imprisonment

2ithout possibility of release.

Article 4 (ar and armed conflicts# *overnments must do everything they can

to protect and care for children affected by 2ar. hildren under !@ should not be

forced or recruited to ta7e part in a 2ar or :oin the armed forces. %he onvention5s

;ptional Protocol on the involvement of children in armed conflict further

develops this right) raising the age for direct participation in armed conflict to !4

and establishing a ban on compulsory recruitment for children under !4.

Article ? (-ehabilitation of child victims# hildren 2ho have been neglected)

abused or e6ploited should receive special help to physically and psychologically

recover and reintegrate into society. Particular attention should be paid to restoring

the health) self&respect and dignity of the child.

Article


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cannot be held criminally responsible and to provide minimum guarantees for the

fairness and quic7 resolution of :udicial or alternative proceedings.

Article

provide better protection of children5s rights than the articles in this onvention)

those la2s should apply.

Article


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of Bagmati -iver. Kolunteer oundation ,epal (K,# Papa=s home is affiliated to

hild 3ome ederation and entral hild elfare Board. 8t has been registered as

a ,on&*overnmental ;rganiEation (,*;# under Social elfare ouncil.

Papa=s home is a home for "" children from years to !< years of age. !1

of them are boys and @ are girls. %here are children from remote districts li7e

+ali7ot) -u7um) Jumla and street children pic7ed form different parts of

+athmandu. %here are five staffs serving at Papa=s home) 2hich includes t2o

female 7itchen staffs) t2o male office staffs and a care mother. Papa=s home

manages its e6penses through individual donations. Papa=s home is 2ell decorated

and environment is peaceful and en:oyable.

Papa=s home resides in a three storied building. %otal four rooms are

separated for children as dormitory. Dormitory of younger children have lo2 beds

and dormitory of seniors have %2o&Storey Beds. +itchen is on top floor and a

separate dining hall is attached to it. ;n the ground floor) there lies a computer lab

for children) 2here they can do their computer&related home2or7 and play games.

%here are all together three toilets. or in case of load shedding) t2o inverters are

available. Bathrooms have running&hot&2ater for comfort of children. 'oreover)

one study rooms and a library is also available for the convenience of children.

hildren can do their home 2or7s) study and play indoor games in study room.

Iibrary contains story boo7s) comics) child literatures and ne2s papers. %here is

not provision for separate infirmary but first aid and simple medical aid is

provided in office.

alls of Papa=s home are decorated by art of children. hildren have

painted 'aithali painting) sceneries) animals on the 2alls. ;ffice is 2ell decorated

2ith paper craft and other arts of children.


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All the children residing in Papa=s home go to school. Hounger children

attend 'ontessori school nearby and other go to a private secondary school.

hildren have good academic performance at school. e2 have been ra7ed at top

position in the class. hildren are free to use computer and library anytime to

assist their studies.

. %here is facility of indoor and outdoor games for the children living in

Papa=s home. %here is a small ground 2ith in the compound and a bigger ground

at some distance. hildren can play indoor games li7e chess) carom board) ludo)

hinese chec7er etc. or outdoor games li7e football) they have to go to the bigger

ground nearby) 2hich they often do. hildren are free to 2atch %K in their free

time. hildren also visit fun par7) Eoo and other child&friendly places frequently

for recreation. hildren and staffs celebrate different festivals together in Papa=s

home. hildren are free to practice any religion.

hildren have %&shirt as their uniform) 2hich they use in outings li7e

picnic) Eoo visit etc. 'ost of the clothes come as personal donation from ,epalese

and foreign donors) 2hich are distributed to children according to their need.

ood served at Papa=s home seemed to be good and nutritious. %hey serve

four meals a day& brea7fast) lunch) tiffin and dinner. Brea7fast includes tea) mil7)

bread etc. Iunch and dinner are normal ,epali food) 2hich include rice) Daal) and

seasonal vegetable. %hey serve meat thrice a 2ee7. Provided food seems to cover

overall nutritious requirements.

hildren of Papa=s home participate in different social functions)

programmes and gatherings related to children) child right) human right)

environment etc. ;n !" April children of Papa=s home celebrated %he 8nternational


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day for street children at streets of +athmandu. %hey also participated in sanitation

programme organised on 2orld environment day.

Papa=s home has introduced =sponsorship= system for the educational and

other e6penses of the children) under 2hich interested generous people can

sponsor a child and bear the e6penses.

A!aly'i' a!d o!lu'io!

During the observation of Papa=s home) 2e found that most of the aspects

of child right 2ere addressed 2ell. hildren had proper food) shelter and cloth.

hildren 2ere protected from being harmed physically or mentally. hildren go to

school) play games) read boo7s and participate in different activities for overall

development. %hey also participate in different programmers related to children.

So) survival right) protection right) development right and participation rights

seem to be addressed properly.

As children participate in different children related) environment related

programmers) Article !" of -) 2hich tal7s about respect for the vie2s of

children) is addressed.

hildren are free to 2atch television) read ne2s papers and access internet.

So their right for freedom of e6pression discussed in article ! and right to access

information) mass media discussed in article !1 of - is protected. hildren at

Papa=s home are free to practice any religion) as described in article !


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Article "0 of - says) ==hildren 2ho cannot be loo7ed after by their

o2n family have a right to special care and must be loo7ed after properly) by

people 2ho respect their ethnic group) religion) culture and language==.%hat is 2hat

Papa=s home is doing since establishment. Article "! says& =hildren have the right

to care and protection if they are adopted or in foster care.= %his also describes the

2or7 done by Papa=s home.

Article "< of - tal7s about health and health services. %his right is also

seems to be protected at Papa=s home. %hough they do not have facility of an

infirmary) they provide simple medical add at office. 8n case of sever sic7ness or

in:uries9 children are rushed to nearby hospital.

All the children of Papa=s home go to school. So right to education is

protected at Papa=s home. Article no. "4 tal7s about free education till primary

level. 8t is implemented by *overnment of ,epal in all the community schools)

but it is not implemented for. Boarding schools.

8n their leisure time) children of Papa=s home can 2atch television) play

computer games) go for outdoor and indoor sports and read boo7s at library. %hey

are also ta7en to Eoo) fun par7) picnic and other child friendly places. So children

en:oy the recreational right very 2ell) provided by article no. ! of -.

All the children of Papa=s home seemed to be a2are of their rights.

Some of the rights li7e right to be 2ith parents cannot be implemented

because Papa=s home is an orphanage and children are orphans and street children

2ho have no contact 2ith their family. 3ence) Papa=s home) a ,*; 2hich is

shelter for "" orphans and street children is a2are of child rights and has

implemented theories into practical as far has possible.


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Refe"e!e'

eII-d ("00#. Juvenile Justice System in Nepal, Bhaktapur. +athmandu School

of Ia2.

8, ("00nited ,ation *eneral Assembly -esolution


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A,,e!di-

chil protection home bhaktapur

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