child human rights

8/10/2019 child human rights

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HUMAN RIGHTS

Human rightsare moral principles or norms[1]that describe certain standards of

human behaviour, and are regularly protected as legal rights in national and

international law.[2]They are commonly understood as

inalienable[3]fundamental rights "to which a person is inherently entitled simply

because she or he is a human being,"[4]and which are "inherent in all human

beings"[5]regardless of their nation, location, language, religion, ethnic origin or

any other status.[3]They are applicable everywhere and at every time in the sense of

being universal,[1]and they are egalitarian in the sense of being the same for

everyone.[3]They require empathy and the rule of law[6]and impose an obligation

on persons to respect the human rights of others.[1][3]They should not be taken

away except as a result of due process based on specific circumstances, [3]and

require freedom from unlawful imprisonment, torture, and execution. [7]

The doctrine of human rights has been highly influential within international law,

global and regional institutions.[3]Actions by states and non-governmental

organizations form a basis of public policy worldwide. The idea of human

rights[8]suggests that "if the public discourse of peacetime global society can be

said to have a common moral language, it is that of human rights." The strong

claims made by the doctrine of human rights continue to provoke considerable

skepticism and debates about the content, nature and justifications of human rights

to this day. The precise meaning of the term rightis controversial and is the subject

of continued philosophical debate;[9]

while there is consensus that human rights

encompasses a wide variety of rights[5]such as the right to a fair trial, protection

against enslavement, prohibition of genocide, free speech,[10]or a right to

education, there is disagreement about which of these particular rights should be

included within the general framework of human rights;[1]some thinkers suggest

that human rights should be a minimum requirement to avoid the worst-case

abuses, while others see it as a higher standard.[1]


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Many of the basic ideas that animated the human rights movement developed in

the aftermath of the Second World War and the atrocities of The

Holocaust,[6]culminating in the adoption of the Universal Declaration of Human

Rightsin Paris by the United Nations General Assembly in 1948. Ancient peoples

did not have the same modern-day conception of universal human rights. [11]The

true forerunner of human rights discourse was the concept of natural rightswhich

appeared as part of the medieval natural law tradition that became prominent

during the Enlightenment with such philosophers as John Locke, Francis

Hutcheson, and Jean-Jacques Burlamaqui, and which featured prominently in the

political discourse of the American Revolution and the French Revolution.[6]From

this foundation, the modern human rights arguments emerged over the latter half of

the twentieth century,[12]possibly as a reaction to slavery, torture, genocide, and

war crimes,[6]as a realization of inherent human vulnerability and as being a

precondition for the possibility of a just society.[5]

Whereas recognition of the inherent dignity and of the equal and inalienable rights

of all members of the human family is the foundation of freedom, justice and peacein the world...

1st sentence of the Preamble to the Universal Declaration of Human Rights

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

Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)

VEDIC ERA

Since the days of the lndus Valley Civilization, lndian culture has

been the product of a synthesis of diverse cultures and religions that

came into contact with the enormous lndian sub continent over a very

long stretch of time. As Jawaharlal Nehru rrotes, there is "an unbroken


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continuity between the mosi: modern and the most ancient phases of

Hindu thought extending ove- three thousand years."' The rights of man

have been the concern of all civilizations from time immemorial. "The

concept of the rights of man and other fundamental rights was not

unknown to the people of earlier periods."' The Babylonian Laws and the

Assyrian laws in the Middle East, the "Dharma" of the Vedic period in

lndia and the jurisprudence of Lao-Tze and Confucius in China, have

championed human rights throughout the history of human civilization.

The lndian concept perceives the individual, the society and the

universe as an organic whole. Everyone is a child of God and all fellow

beings are related to one another and belong to a universal family. In this

context, Mahatma Gandhi remarks, "I do not want to think in terms of the

whole world. My patriotism ncludes the good of mankind in general.

Therefore my service to lndia includes the services of humanity."

CHILD RIGHT

WIKIPEDIA

SATYARTHI

CHILD RIGHT AND YOU (CRY)

Child Rights and You(formerly Child Relief and You, till 2005), commonly abbreviated

as CRYis a non-profit organization in India that aims to restore children's rights in India.

The organisation was established in 1979. The organization partners with grass-roots Non

governmental organizations to uplift thousands of Indian children denied basic children's

rights. It works towards restoring basic rights to children, especially from India and works

across levels from direct action to advocacy, mobilizing public opinion and policy change.

It was started by Rippan Kapur, who died in 1994 at a very young age of 40.


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It focuses mainly on the 4 basic rights of survival, development, protection and participation

which were defined by the United NationsConvention on the Rights of the Child(CRC), an

international human rights treaty which has been ratified by 192 countries.In 1979, seven

friends made a simple decision to change the lives of India's underprivileged children. Led by

a 25 year airline purser, Rippan Kapur, Rs. 50 and a dining table as their resources and a

belief that each one can make a difference in a child's life, they aimed to enable all children to

realize their full potential. This was how CRY began.

The founders of CRY choose not to fund a grassroots-level implementing organisation

working directly with and for underprivileged children. Instead, they opted to make CRY a

channel or a link between the millions of individuals who could provide resources and the

thousands of dedicated fieldworkers who were struggling to function for lack of them.

Vision:-

A happy, healthy and creative chi ld whose r ights are protected and honoured in a society

that is buil t on respect for digni ty, justice and equity for all .

Mission:- To enable people to take responsibility for the situation of the deprived Indian

child and so motivate them to confront the situation through collective action thereby givingthe child and themselves an opportunity to realise their full potential.

To work in partnership with individuals and organisations, and support them financially /

non-financially as well as with people from all walks of life, who believe in the rights of

children. Within CRY too, each function works in unison towards ensuring the vision of

equal rights for all children.


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Areas of Work:-

The key functions of Development Support (grant making) and Resource Mobilisation

(fundraising) along with the other support functions - Communications, Human Resources,

Youth and Volunteer action, Finance, Planning and Information Technology, Policy andResearch, Documentation, The CRY Shop - all play a critical role in our organisation

building efforts.

It works towards restoring basic rights to children, especially from India and works across

levels from direct action to advocacy, mobilizing public opinion and policy change. It focuses

mainly on the 4 basic rights of survival, development, protection and participation which

were defined by the United Nations Convention on the Rights of the Child.

The CRC is built on certain "foundation principles" that underpin all other children's rights.

INDIAN CONSTITUTION

Constitution of India

The Constitution contains provisions in respect of children under Part III of the Constitution,

i.e. Fundamental Rights, and Part IV of the Constitution, i.e. Directive Principles.

Article 14 : Equality before law, i.e. equal treatment and protection under law.

All children in similar circumstances are required to be treated in a similar manner, and if not

so

treated, such treatment can be challenged on the ground of discrimination and arbitrariness.

Article 15(3) : Permits the State to make special provisions for women and children.

Special enactments made for the benefit of children cannot be struck down on the ground of

discrimination.

Article 19(1) : Guarantees citizens of India the right to freedom of speech and expression, to

form associations or unions, to move freely throughout the territory of India, etc. Under

Indian law, child labour is prohibited only in factories, mines or other hazardous


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employment, therefore there is no blanket ban on employment of children. Though children

form part of the labour force they are not permitted to unionise and fight for their rights as

workers.

Article 21 : This article guarantees the right to life to all persons. The Supreme Court has

interpreted "right to life" to include right to food, clothing, adequate shelter, and other basic

necessities of life.

Article 22 : Provides for safeguards upon arrest, and states that a person should be

produced before the nearest Magistrate within 24 hours of arrest. A juvenile in conflict with

law or a child in need of care and protection should be produced before the Competent

Authority established under the Juvenile Justice [Care and Protection of Children]

Act 2000 within 24 hours of having been pickedup

by the police.

Article 23 : Prohibits trafficking in human beings and forced labour. Any contravention of

this provision is punishable under law.

Article 24 : Prohibits the employment of a child below 14 years in any factory or mine or

any other hazardous employment.

Article 39(e) & (f) : The State is required to ensure protection of children of tender age from

abuse, and from entering vocations unsuited to their age and strength. Children are also to be

provided with equal opportunities and facilities to develop in a healthy manner. The State is

to further ensure that childhood and youth are protected against exploitation and

abandonment.

Article 41 : The State is required to take steps to secure educational opportunities and

facilities.

Article 44 : The State is to endeavour to secure for all citizens a uniform civil code. A

uniform civil code implies a uniform legal framework for adoption of a child applicable to all

religions.

Article 45 : The State is to takemeasures to ensure free and compulsory education for all

children till they attain 14 years of age.


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Article 47 : The improvement of public health and the raising of the level of nutrition is a

primarydutyof the State.

Article 51(c) : The State is to respect international law and treaty obligations. The

Government of India and the State Governments are obligated to the commitments contained

under the Convention on the Rights of the Child.

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