India ratified the United Nations Convention on the Rights of the Child (henceforth referred as UNCRC) in the Parliament on 11th December, 1992. The key ingredients of the UNCRC are as follows:
(a) The UNCRC defines the child as a
person under 18 years of age. It acknowledges the primary role of
parents and the family in the care and protection of children, as well
as the obligation of the State to help them carry out these duties.
(b) The UN Convention consists of 41
articles, each of which details a different type of right. These rights
are not ranked in order of importance; instead they interact with one
another to form one integrated set of rights. A common approach is to
group these articles together under the following themes:
· Survival rights: include the child’s right to life and the needs
that are most basic to existence, such as nutrition, shelter, an
adequate living standard, and access to medical services.
· Development rights: include the right to education, play,
leisure, cultural activities, access to information, and freedom of
thought, conscience and religion.
· Protection rights: ensure children are safeguarded against all
forms of abuse, neglect and exploitation, including special care for
refugee children; safeguards for children in the criminal justice
system; protection for children in employment; protection and
rehabilitation for children who have suffered exploitation or abuse of
any kind.
· Participation rights: encompass children's freedom to express
opinions, to have a say in matters affecting their own lives, to join
associations and to assemble peacefully. As their capacities develop,
children should have increasing opportunity to participate in the
activities of society, in preparation for adulthood.
(c) The UN Convention includes four
articles that are given special emphasis. These are also known as
‘general principles’. These rights are the bedrock for securing the
additional rights in the UN Convention.
1. that all the rights guaranteed by the UNCRC must be available
to all children without discrimination of any kind (Article 2);
2. that the best interests of the child must be a primary consideration in all actions concerning children (Article 3);
3. that every child has the right to life, survival and development (Article 6); and
4. that the child’s view must be considered and taken into account in all matters affecting him or her (Article 12).
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