Introduction
“There can be no impatient utterance of a society’s soul than the way in which it treats its children.” —Nelson Mandela
Convention on Rights of Child is an international agreement or accord signed between various countries 30 years before from now which transfigures the lives of children all over the world due to which this convention is considered as one of the historic and judgmental conventions of the United Nations adopted by many other countries. The United Nations Convention on Rights of Child embarks with the transfiguring the life’s of children all over the world but this accord is not able to accomplish its agenda and some sort of children cut off from this convention.
Now the question arises why this convention on rights of Child particularly minded towards the Rights of the child not able to accomplish its agenda. The simple reason behind this is that with the changing government and passing of time, its implementation is getting weaker day by day, and youth are not much aware of the convention which is very much earlier passed on Rights of Child.
Violence against child and the violation of child rights
These two both concept or terms are somehow interrelated with each other as if there will be violence against the child then it must be there that there is some violation or infringement of child rights which were provided by the Constitution of India and also with the proper care and attention, the child rights were been safeguarded. Government and many national and international organizations were much more concerned about the protection of child rights and if there is a violation of the child rights then also mention or include a strict and severe punishment for that act which leads to the violation of the child rights.
If we look globally the common violence that majorly takes place with the child is corporal punishment and Psychological violence. And also if we look at the data on the sexual abuse of children is very difficult to capture and this situation occurs only due to the non-reportable of the offense which takes place with the children and also one reason is that some offenses can’t be even identified by the children or didn’t recognize by the children as an offense which is also the main reason for the absence of proper data on child sexual abuse.
As, mentioned above about the two common violent disciplines that are (1) Corporal punishment and (2) Psychological violence. But, first, we need to understand the meaning of violent disciplines. Violent disciplines are the violation of a child’s right to protection from all forms of violence while in the care of their parents or other caregivers, as set forth in the United Nations Convention takes place on the Rights of the child. Violent psychological disciplines involve “the use of verbal aggression, threats, intimidation, denigration, humiliation to control children”. According to UNICEF, Physical discipline, also known as ‘corporal punishment’ refers to any punishment in which physical force used to cause any degree of pain or discomfort. It includes pinching, hitting, spanking children with a hand.
Convention on Rights of Child:
A Brief Overview Convention on Rights of Child known by the name of the United Nations Convention on Rights of Children which is a children treaty focused on political, civil, economic, social, health, and cultural aspects of children. The UN Convention on Rights of Child came into force on 2nd September 1990 after the endorsement by the number of states required for the convention. First, before finalizing this convention on the rights of the child, the United Nations propounded the definition of child and set the ambit of child rights.
Before this convention, a plethora of definitions was propounded by different Nations. According to the UN Convention on Rights of Child, “Any human who is under or below the age of 18 years and didn’t attend the majority as per National legislation” considered as a child. All the Nations who approved or ratified the convention were bound by the International law and act as per the provisions of International law.
A committee of the United Nations on Rights of Child supervises the convention and submits the report to the third committee of the UN General Assembly. Currently, 196 states are a member of the United Nations Convention on Rights of Child that includes all the states of the United Nations except only one i.e. The United States of America. After some years, the UN General Assembly adopted a total of 3 optional protocols in order to strengthen the convention on the rights of the child i.e. (1) involvement of children in the area of armed conflict, (2) Sale of children for their own benefit, (3) the involvement of child into pornography and forceful entry in prostitution.
Children in the area of armed conflict
This optional protocol on the involvement of children in armed conflict adopted on 25th May 2020 to prohibit the recruitment or entry of children in armed forces and armed conflict and it is the duty to implement and preclude the entry of children in war or armed conflict who are below the age of 18 years as per the National legislation. This Protocol is also considered paramount because it jogs people’s memory that children’s physical and mental condition is not mature enough to set foot in armed conflict and unable to understand the seriousness of war and its consequences. International Labor Organization is the first one to react, in the 182 conventions which focus on the worse form of child labor and bring up that the child inclusion in armed conflict is an extreme form of child exploitation. After the ILO reaction, the Security Council of the United Nations adopted several other resolutions to condemn child labor. Children in cases of armed conflict are continuously facing or at risk of being exploited in the form of separation from their parents, sexually exploited, raped, and tortured. School children are more targeted towards the area of armed conflict which eventually leads to disruption of their studies and denied access to the right to get an education. If we notice on Article 38 of the Convention on Rights of Child then this Article constrains state parties to ensure the safety of children who were targeted for armed conflict and to respect the rules laid down in Humanitarian law. State parties should make all efforts in order to bring effective administration and lay down all measures for preventing children from involving in armed conflict or in the military. The Committee established for the convention on rights of the child that recalls Article 30 of the United Nations Declaration on the Rights of Indigenous people which undertake possible solutions and measures to avoid the military activities and interference in the Indigenous territories.
Sale Of Children For Their Own Benefit
Ambit and meaning of Sale of Children are first clarified in Article 2 of the Optional Protocol which says that “Transaction or any trade that involves the transfer of children from one person or from one group of people to another person or group in lieu of remuneration or some amount equal to that. Many states came up with new legislation for the prohibition of Human trafficking but lack in bringing legislation for the sale of children and this is because many states believe that both are identical and laws for human trafficking will also solve the issue of sale of a child.
Afterward, Article 35 of the Convention on Rights of Child constrains the government to take necessary measures to tackle both the issue i.e. sale of children and human trafficking. Many people get confused between child trafficking and the sale of the child but the on-ground reality is totally different. In the case of Child trafficking, there is the movement of a child from one place to another but in the case of sale of the child, there is no movement and it is not compulsory to be moved from one place to another.
Article 3 of the Optional Protocol on the sale of Children mentioned that the state parties should ban or forbid all transfer of children which are for the purpose of child labor. It also laid down that state parties should forbid or prohibit any type of order, transfer, or purchase of children which are for the purpose of organ transfer and selling of their organs for profit. Sale of Children transpires not only for the purpose of sexual exploitation but also for some more reason which was covered under the sale of child and all other reasons were mentioned below.
• Transfer of organs of the child for profit or for commercial purposes.
• To Grab Children with the intent of engaging them in forced labor.
• The sale of Children takes place with the intent of adopting the child.
Involvement of Child in Pornography and Forceful entry in Prostitution
Optional Protocol on Involvement of Child into Pornography and forceful entry in Child Prostitution was triggered by the UN Commission on Human Rights (CHR). In the year 1994, Cuba is the sole country which indicated that the UN Commission on Human Rights (CHR) developed an optional protocol on the involvement of child into pornography and child prostitution. Article 34 and 35 of the Convention on Rights of Child that instruct state parties to take several measures in order to avert children’s involvement in pornography and forceful entry in prostitution and also enjoined state parties to take bilateral and multilateral measures in respect of Child involvement into pornography and prostitution.
The OPSC holds out that according to Article 1 of the Optional Protocol to the Convention on the Rights of the Child, child inclusion into pornography and entry in prostitution should be banned and according to Article 3 of the same consider out some of the specific actions that must be criminalized in minimum form. The OPSC (Optional Protocol on sale of Children) admonish state parties to protect the child rights which were getting victimized or rights of the victim and to provide all possible measures for the rehabilitation of child victims and remedies for the act they suffer as per Article 8 and 9 of Convention on Rights of Child. Also, they call out International cooperation in the field of investigation, detection, and punishment for these offenses.
Inclusion of Rights under the Convention on Rights of Child
United Nations International Children’s Education Fund (UNICEF) through its drafted document a total of 40 rights were included under the Convention on Rights of Child and all the specific 40 rights were categorized into different categories and also UNCRC avers that all the governments must initiate to safeguard the interest, rights of children.
General Principles
Under the categorization of General Principles, numerous rights were embraced to make children entitled to these rights. Some of the specific rights of children included were mentioned below.
• Right to life, survival, and development.
• No discrimination should exist in between.
• Right to put forward their views without any coercion.
• In any circumstances, child rights safeguards should be the primary motive.
Civil Rights and Freedoms
Everyone has the right to a name and a proper nationality of any nation. Freedom to speak as well as express thought. The right to access any information which he is entitled to.
Right to be treated properly and with utmost respect without any ill-treatment.
Violence against the Children
This categorization is considered most impactful and prime among all the categorization of rights and the simple rationale is that this prevents children from all peril and acts as a buffer for children from all sorts of violence.
Protection of children from any sort of danger and vulnerability. It gives protection to children from any sexual abuse and exploitation.
Rights to abolish the traditional practices that act as detrimental to children’s health.
Core Principles spelled out of the Convention
The United Nations Convention on Child Rights laid down 4 core principles which are contemplated in the interest of children. All four conventions are mentioned below to specifically analyze its relation with children’s life.
1. Non-discrimination: According to Article 2of the Convention on Rights of Child, every child is entitled to rights irrespective of gender, race, colour, sex, language, religion, or any ascribed status.
2. Devotion toward best interests of Child: According to Article 3of the Convention on the Rights of Child, the interest of child or child rights safeguard must be primary deliberation in all the decisions affecting them.
3. Survival and Development: As per Article 6 of the Convention on the Rights of Child, all children have the right to life, survive and develop physically, mentally, morally, and psychologically up to their full potential.
4.Views of Child should be respected: As stated in Article 12 of the United Nations Convention on the Rights of Child, children can convey or express their views without any coercion, and views of the child should be treated with the utmost respect.
UNICEF: A Chief Contributor and influencer
UNICEF is one of the UN organizations whose target is to protect the rights and safeguard the children from any risk or imperil and also to anticipate the future unavoidable circumstances. UNICEF is the one that is considered to be the sole organization mentioned under the Convention on the Rights of Child as an expert and assistance provider. “Child Rights are the epicenter of every action of UNICEF” UNICEF works for almost 70 years for the children’s welfare and safeguarding children’s rights and support children to achieve their dream without any ill-treatment and without being exposed to any danger or harm.
UNICEF helps state parties to act and bring up policies in respect of children’s safety and act as a buffer for the children. It also assists and promotes the ratification and implementation of the United Nations Convention on the Rights of Child and its optional protocol. Some of the contributions and roles of UNICEF mentioned below.
• UNICEF Supports state parties in carrying out the convention through different policies and laws enforcement.
• UNICEF assists the government in the consultation process prior to the drafting of reports and also provides aid in monitoring the different policies in accordance with convention. • Supports the different committees drafted for the rights of the child.
• UNICEF through its wider reach helps the government to put forward different implementation strategies so that the convention rules should be imposed effectively and efficiently.
Conclusion
Let us conclude it, Child right means providing any person who is below the age of 18 with some special rights which is provided with the special care and for the safeguard of the rights various laws mere wade. This article clearly shows the linkage of the Convention on Rights of Child and its optional protocol with violation of child rights that how the UN Convention on Rights of Child proves effective in dealing with the violation of child rights.
Child right is something which is seen as very due diligence and is handled with a proper way. Instead of so many laws of the government and also the support of the many national and international organizations, violation of child rights rate is not decreasing which is a major concern for all either it at a national level or at a global level.
The government should handle it with more precisely and with more concern and establishing a secret body which keeps a look over and it and also collects the data related to the violation of child rights and finds the main reason why is it increasing day to day and not decreasing instead of a lot of effort of the government and the organizations.
References
Convention on the Rights of the Child, [Online], Available at: https://www.ohchr. org/en/professionalinterest/ pages/crc.aspx [Accessed on 19th May].
What is the Convention on the Rights of the Child? [Online], Available at https:// www.unicef.org/child-rightsconvention/what-is-theconvention [Accessed on 18th May].
UN Convention On The Rights of the Child, [Online], Available at https://www.savethechildren.org.uk/whatwe-do/childrens-rights/ united-nations-conventionof-the-rights-of-the-child [Accessed on 20th May].
The convention on the Rights of the Child, [Online], Available at https://www. acyp.nsw.gov.au/about/theconvention-on-the-rights-ofthe-child [Accessed on 20th May].
Convention on the Rights of the Child, [Online], Available at http://wikiprogress. org/articles/children-youth/ convention-on-the-rights-ofthe-child/ [Accessed on 21st May].