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INTERNATIONAL COVENTIONS ON CHILDRENS HUMAN RIGHTS & THEIR IMPLEMENTATION S IN INDIA.

INDEX
CHAPTER NOS.
I. EVOLUTION & MEANING OF HUMAN RIGHTS. II. RECOGNITIONS & VIOLATIONS OF CHILDRENS HUMAN RIGHTS. III. VARIOUS COVENANTS ON CHILDRENS HUMAN RIGHTS.

TOPICS

PAGE NOS.

IV.

THEIR APPLICATIONS IN INDIA.

V.

CASE STUDIES.

CHAPTER-I
EVOLUTION & MEANING OF HUMANRIGHTS.
INTRODUCTION The term Human rights is comparatively recent in origin, but the idea of human rights is as old as the history of human civilization. The new phrase Human Rights was adopted only in the present century from the expressions previously known as Natural Rights or Rights of Man. Introducing the concept of Human Rights it can be said that Human rights is a twentieth century name for what has been traditionally known as natural rights or, in a more exhilarating phrase, the rights of man. The rights of man have been the concern of all civilizations from time immemorial. The concept of rights of man and other fundamental human rights were not unknown to the people of earlier periods. These rights of man had a place in almost all the ancient civilizations of the world. In the Middle East, the Babylonian laws, the Assyrian laws and the little laws provided for the protection of the rights of man. In India, the dharma of the Vedic period and in China, the Jurisprudence of Lao Tze and Confucius protected rights. In the West, a number of rights, bearing some semblance to what we call Civil and Political rights today, were available to a section of people. Cicero, the great roman jurist, tells us that the Greek Stoics, around 200-300 years B.C., developed, on the basis of what we now consider as basic human rights, an authentic natural law theory, prescribing inviolability of these rights. What does it mean to be a human being? For those of you who like biology, it means that we are animals who belong to the genus, homo, and the species, sapiens. In history, human beings are a species that

evolved into civilized creatures with language to communicate and to live in an organized society. In political science, we get an idea of how people live in an organized society and why we need rules to organize this society and make sure it functions well. Often, it is said that man is a social being. What does this mean? Is a tiger a social being? A tiger lives alone and fends for itself, coming together only to mate. The female rears the children. This is not so in the case of human beings. Individuals live in a family, which is often considered the unit of society. Families constitute the society or the community .However, though we may be part of a family, you are important as an individual. You have certain rights that even your family cannot take away from you. You are at the center of human rights.

HUMAN RIGHTS
What are Human Rights? This is a question that all readers or students who are studying human rights for the first time will ask. Here are some questions (FAQs) on the subject of human rights: What are human rights? A. Human rights are certain rights that are vested in every person by virtue of his/her being a human being. Do all people have human rights? A. Yes. The only condition to be fulfilled is that one must be a human being. What about animal rights? They, too, have rights, dont they? A. Yes, of course, they do. It is, therefore, not true to say that only human beings have rights. Animals also have rights, but since animals are not human, their rights would not obviously come within the meaning of the term, human rights! Thus, human rights are the rights of people. But do all people have the same rights? A. This depends on how you look at it. There are three points to keep in mind: Some rights are so basic that they cannot be dispensed with. A typical example is slavery. No nation anywhere in the world today can say, All right, let us have slavery; Countries may be bound to recognize some rights if they have agreed to do so by signing an international agreement called a treaty or a convention. If they have not done so, they may not be bound, and Human rights is not a static or fixed concept, it is constantly evolving or changing. It is like a seed, which, once planted, grows slowly and steadily, putting out roots, shoots, branches, leaves and fruits.

Who gives us human rights? A. No one gives us human rights, but other people can take away our rights by violating them or by not Implementing them. Where do we find human rights? A. In the values of freedom and equality that we hold dear. But we also find human rights evidenced in Certain important documents. Why have human rights become so fashionable suddenly? A. This is because of the growing awareness all over the world, including in India, and movements towards recognizing new rights. We will examine some of these struggles in this book. As I said earlier, human rights are like a seed. Nowhere is this as evident as it is in India, where human rights are growing rapidly. How did it all begin and where are we going? A. The development of the concept of human rights, which happened over a long period of time, is probably one of the most fascinating parts of history. Heres a birds eye view of the main events in the history of human rights: The Magna Carta was the first step. It put forward the idea that no one was above the law. But by no means were all people considered equal. The American Declaration of Independence was important as a group of people decided to take their destiny into their own hands. Yet, there was slavery and women held an inferior position. The World Wars saw human rights violations on an unprecedented scale. Hard lessons were learnt, including the basic worth of human life and the dignity of every human being. The United Nations (UN) was formed in the aftermath of the World Wars when world governance and ordering were seen as desirable. One of the first tasks of the UN was to prepare the groundwork for human rights.

The Universal Declaration on Human Rights (UDHR) was drafted soon after the UN came into being. It is a broad declaration of the ideals to which the world aspires. The Declaration was not binding in nature as it was not a treaty, just a statement. However, it carries great moral and political force even today. Besides the UDHR, the International Convention on Civil and Political Rights, 1966, and the International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966, are also significant in the history of international human rights. The rights enumerated in the UDHR were written in the form of two documents, which were in the nature of treaties. In India, two important developments were Indian Independence and the drafting of the Constitution of India. Since the Constitution was drafted at the time that all this excitement was taking place in the international arena, the drafting process was heavily influenced by human rights. This is evidenced in our Constitution, especially in the chapters dealing with Fundamental Rights and the Directive Principles of State Policy. A free India did not mean that the struggle was over. There were many groups that did not receive the benefits of freedom. Many of these groups have struggled in loneliness and in solidarity till they realized new rights and the fulfillment of human dignity.

CHAPTER-II
VIOLATIONS, EVOLUTION, RECOGNITIONS & DEVELOPMENT OF CHILDRENS HUMAN RIGHTS.
INTRODUCTION
The child is father of an adult. The child is an abridged adult with rights which cannot be abridged. The Child is a person for all practical purposes. The child observes, thinks and imitates or reacts to happenings around. The child is a person. Either at home or school, the child is subjected to disciplinary practices while, child should be part of those processes. If the indiscipline of the child could be complained, ascertained and responded to, where is the way to find and establish the indiscipline of the adults? Every adult feels that he is having every right to discipline the child. Do they have? Generally a negative experience and adverse conditions prevailing around will seriously influence a child and may make him similar person with similar character. But at the same time it may result in making child a positive person or a person with character diametrically opposite to what he has seen. Dhruv emerges an unbiased king, after he becomes victim of bias of his father and step mother. Prahlad learns to be democrat from dictatorial attitude of father Hiranya Kaship. These incidents prove that discipline and education are participative learning processes.

CHILDRENS RIGHTS HISTORY


Historical overview of the Childrens rights evolution
In the Antiquity, nobody thought to give special protection to children. In the Middle-Age, children were considered as small adults. In the middle of the 19th century, the idea appears in France to give children special protection, enabling the progressive development of minors rights. Since 1841, laws start to protect children in their workplace. Since 1881, French laws include the right for the children to be educated. At the beginning of the 20th century, childrens protection starts to be put in place, including protection in the medical, social and judicial fields. This kind of protection starts first in France and spreads across Europe afterwards. Since 1919, the international community, following the creation of The League of Nations (later to become the UN), starts to give some kind of importance to that concept and elaborates a Committee for child protection. The League of Nations adopts the DECLARATION OF THE RIGHTS OF THE CHILD on September 16, 1924, which is the first international treaty concerning childrens rights. In five chapters it gives specific rights to the children and responsibilities to the adults. THE GENEVA DECLARATION is based on the work of the Polish physician Janusz Korczak. World War II and its casualties leave thousands of children in a dire situation. Consequently, the UN Fund for Urgency for the Children is created in 1947, which became UNICEF and was granted the status of a permanent international organization in 1953.From its inception, UNICEF focuses particularly on helping young victims of WW2, taking care

mainly of European children. But in 1953 its mandate is enlarged to a truly international scope and its actions expanded to developing countries. UNICEF then puts in place several programs for helping children in their education, health, and their access to water and food. Since December 10, 1948, the UNIVERSAL DECLARATION OF HUMAN RIGHTS recognizes that motherhood and childhood are entitled to special care and assistance. In 1959 the General Assembly of the UN adopts the DECLARATION OF THE RIGHTS OF THE CHILD, which describes in 10 principles the childrens rights. Whereas this text has not been signed by all the countries and its principles have only an indicative value, it paves the way to a Universal Declaration of Children Rights. After the adoption of the UNIVERSAL DECLARATION OF HUMAN RIGHTS, the UN wanted to introduce a Charter of Human Rights which would be enforceable and would oblige the states to respect it. Thus, a Commission on Human Rights was set up to write this text. In the midst of the Cold War and after hard negotiations, two texts complementary to the Universal Declaration of Human Rights were adopted by the General Assembly of the UN in New York:

THE INTERNATIONAL CHARTER FOR ECONOMICAL, SOCIAL AND CULTURAL RIGHTS recognizes the right to the protection against economical exploitation, the right to be educated and the right to healthcare THE CHARTER RELATED TO CIVIL RIGHTS establishes the right to have a name and a nationality.

The year 1979 is declared International Year of the Child by the UN. That year saw a real change of spirit, as Poland makes the proposal to create a working group within the Human Rights Commission, which is in charge of writing an international charter. The Convention on the Rights of the Child is adopted unanimously by the UN General Assembly on November 20, 1989. Its 54 articles describe the economic, social and

cultural rights of the children. THE CONVENTION ON THE RIGHTS OF THE CHILD is the text in relation to human rights which has been the most rapidly adopted. This text becomes an international treaty and enters in force on September 2, 1990, after being ratified by 20 states. The Organization for African Unity adopts the African Charter for the Rights and Welfare of the Child on July 11, 1990. THE WORST FORMS OF CHILD LABOUR CONVENTION is adopted on June 17, 1999. In May 2000, THE OPTIONAL PROTOCOL TO THE INTERNATIONAL CHARTER OF THE CHILD RIGHTS REGARDING THE PARTICIPATION OF CHILDREN IN ARMED CONFLICTS is ratified. It entered into force in 2002. This text prohibits minors taking part in armed conflicts. As of today, the INTERNATIONAL CHARTER OF THE CHILD RIGHTS has been signed by 190 states of 192, even though there are a few reservations concerning certain parts of the text. Only the US and Somalia have signed but not ratified. Today, its idea and its forceful character are almost universally accepted. However, its application could still be improved and the transformation of words into acts remains to be done. In a world where the urgency is the master, where a child dies of hunger every 5 seconds, it is time to join theory together with its application.maybe it should have started with that ?

RECOGNITION OF CHILDREN'S RIGHTS.


There is no way to thoroughly enumerate the various ways in which children around the world are economically exploited and physically mistreated. But the numbers are great -- and the suffering widespread. Behind the hideous imagery -- of children beaten or sexually abused by parents; ravaged beyond their years by hard living and drug abuse on the streets; maimed by landmines or turned into killers by war; stricken with AIDS -- are the all-too-common struggles against disease, hardship, and family or social traditions that compromise children's humanity or subject them to physical and emotional suffering. While victims of injustice and poverty have always had trouble being heard, none have had more trouble, historically, than children. Whether exploited as child laborers or prostitutes, drafted as young teenagers into armed forces, forced as young girls into a lonely life as domestic workers, deprived of an education to work on the family farm, or denied adequate nutrition and health care, children need help and protection from an adult world that perpetrates most of the abuse. To highlight the existence of the most egregious violations of international human rights law and encourage Governments to investigate particular cases, the United Nations Commission on Human Rights has appointed a Special Rapporteur on the sale of children, child prostitution and child pornography. The Special Rapporteur, an expert in the field, works to gather and analyze facts for the Commission.

The condition most common to children who suffer, or are deprived of, opportunity is the poverty resulting from economic injustice. "The most perverse form of denial of child rights is poverty, because poverty makes it impossible to satisfy those needs that are basic rights", says Tereza Albenez, Special Advisor to the United Nations Children's Fund (UNICEF) on the Convention on the Rights of the Child. According to figures compiled by UNICEF -- the United Nations organization most directly concerned with children's issues -- there are now well over a dozen countries in which conditions for children are far below the norms to be expected for their levels of economic development. This includes such gauges as malnutrition levels; underfive mortality rates; percentage of children reaching the fifth grade of primary school; and low literacy rates for women. In many poor countries, children work to supplement meager family income or otherwise to help the family business. Although they may not always work under the most desirable conditions, most are not being intentionally exploited by their families. The real issue in such cases is not whether the children work or not, but whether the conditions under which they work are just, and whether they are being denied other basic rights because of their work -- such as the right to education, to freedom from abuse, and to proper health care. A number of those working on behalf of child rights have come to realize that in many of the poorer countries, if children are to stop working, some form of financial compensation must be found for their families. One creative response to this kind of complex dilemma has come from Bangladesh. In reaction to United States Congressional legislation mandating a boycott of companies in the garment industry that use child labor, companies in the garment industry in Bangladesh began ousting children from their jobs -- as many as 50,000 in a fourmonth period. The result was that many of the children were worse off

than they had been when they were working, having taken other, less desirable jobs or living in the street -- but not going to school. In July 1995, after negotiations with non-governmental organizations (NGOs), as well as UNICEF and the International Labor Organization (ILO), the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) signed a Memorandum of Understanding stipulating that BGMEA would ask "that no under aged worker will be terminated until the appropriate school programs for the workers can be put in place". UNICEF has committed itself to supporting the education of the children, and the ILO has pledged to contribute money and technical assistance to the establishment of a labor inspection system to monitor implementation of the Memorandum of Understanding. Under the agreement, stipends will be provided to child workers attending the school programs. All parties also agreed to take steps "to create positive public awareness" with respect to issues of child labor and education. But the more direct injustices perpetrated largely by adults -- and manifested in the large numbers of children exploited as laborers and prostitutes or maimed by war -- require further public exposure and protective laws that are actually enforced. In the last decade, an estimated two million children have been killed in armed conflict, many of them by some of the 100 million landmines thought to be concealed in 62 countries. A total of perhaps four to five million more have been disabled as a result of their experience in war, and more than 12 million have been made homeless. As for child labor, while experts agree that there are few accurate statistics available, the best estimates from the ILO are that there are nearly 80 million children under 15 working as laborers. It is also estimated that the number of children under 18 involved in prostitution exceeds two million, one million of whom are in Asia and 300,000 in the United States.

"Poverty cannot be accepted as a pretext and justification for the exploitation of children, until 1995 the Special Rapporteur on the sale of children, child prostitution and child pornography. "It does not explain the huge global demand with, in many instances, customers from rich countries circumventing their national laws to exploit children in other countries. Sex tourism has spread its illicit wings wide, and pedophiles search for their victims in all parts of the globe. The problem is compounded by the criminal networks which benefit from the trade in children, and by collusion and corruption in many national settings".

VICTIMIZING THE MARGINALIZED.


"It has become increasingly obvious that many children used for labor and sexual exploitation are lured from particular racial or social groups, rather than from the well-endowed groups in power," the Special Rapporteur went on, in a January 1994 report to the United Nations Commission on Human Rights. "In South Asia, it is the children of the 'untouchables' who are most often victimized in child labor situations". The Special Rapporteur said a field visit to Nepal showed that "it is primarily girls from hill-tribe groups in that country who are tricked and sold into prostitution, both local and transnational. The pattern is repeated in other parts of the world, where the children of minorities, migrant workers and/or indigenous peoples, who are already marginalized, are often the main victims of such exploitation".

ABUSES AGAINST STREET CHILDREN.


In August 1993, to cite one example, the Special Rapporteur communicated with the Brazilian Government concerning allegations of the exploitation and abuse of street children by law-enforcement officials. The officials were alleged to have killed eight street children and injured others in Rio de Janeiro in July 1993. The allegation followed a long list of others noted in the Special Rapporteur's report on Brazil submitted to the Commission on Human Rights in 1992. The Brazilian Government responded by acknowledging the charge. "As pointed out in your communication, this incident is not an isolated case", the Government said in its response. "The Brazilian Government is well aware that the killings of street children are not a new phenomenon and that certain elements of the policy may be implicated in the actions of 'death' squads". Three policemen and a fourth man were in prison awaiting trial for murder, and the commander of the Fifth Police Corps in Rio de Janeiro, to whom the three policemen were subordinated, was dismissed from his post. Non-governmental organizations have played an important role in pressuring Governments to respect both international law and in many cases similar laws in their own countries, particularly when it is clear that they have been partly or largely responsible for violations of those laws. Human Rights Watch, a non-governmental human rights

organization with offices in Europe and the United States, has

investigated numerous allegations. These include trafficking of women and girls from Nepal into India for use as prostitutes; the conditions of bonded laborers in Pakistan, many of whom are children; and the improper detention of juveniles by the criminal-justice system in Jamaica. Human Rights Watch recently released reports on India and Pakistan in mid-1995 that were highly critical of Government complicity. In the United States, new tools for fighting sexual abuse of children overseas and international child pornography have been incorporated into the Mann Act, a 1910 Act of Congress originally aimed at prohibiting the interstate transportation of women "for immoral purposes". The amendments, approved after several years of lobbying by voluntary agencies, make it illegal for American citizens and resident aliens to travel abroad to engage in sexual acts with minors. The measures would bring the law into line with US domestic policy. The law -- part of the Violent Crime Control and Law Enforcement Act of 1994, which was signed into law by President Clinton -- also pertains to those who conspire to commit such acts, such as sex-tour operators. A 1986 amendment to the Mann Act made it a crime to transport a person under 18 between states or abroad with the intention of having the young person engage in sexual activity.

HALTING UNLAWFUL JAILINGS.


In response to an earlier report on conditions in Jamaica, where juvenile offenders were being unlawfully locked up with adults, some of the children were released. Local Government agencies and organizations began to explore alternatives to imprisonment for juvenile offenders, and training programs on the rights of juveniles was begun for guards. "If you get people out of custody or get Governments to change their policy", says Lois Whitman, Director of the Children's Rights Project at Human Rights Watch, "that is progress". It was not until recently that children have become a constituency in their own right, on whose behalf a number of international organizations, Government laws and human rights decrees have been created to advocate more equitable treatment for children under existing laws and for a more equitable share of resources and opportunities. Prior to the 20th century, children were for the most part regarded as inferior and subordinate to adults, and childhood was a period of life that was often brief and regarded as a stage of passage to adulthood. Now, in the latter half of the century, childhood is regarded as a relatively sacred part of life among many of the more affluent. But it is still a period of great struggle and deprivation for children in most of the rest of the world. Children have been included, either directly or indirectly, in most of the nearly 80 treaties and decrees on human rights

in this century. The first major step on behalf of children taken by the United Nations was UNICEF's creation in December 1946. Two years later, the Universal Declaration of Human Rights was adopted by the General Assembly. The provisions of that Declaration and its two International Covenants on human rights, adopted in 1966, recognized that child rights need protection. The 1959 Declaration on the Rights of the Child was the first United Nations statement devoted exclusively to the rights of children, but served more as a moral rather than legally binding framework. The special plight of girls was addressed in part by the Convention on the ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN, adopted in 1979. The Working Group on Contemporary Forms of Slavery annually addresses such issues as child labour and debt bondage.

A GLOBAL PACT ON CHILDREN'S RIGHTS


It took until the 1990s, however, for all of the pieces to come together in the form of the Convention on the Rights of the Child, which was adopted by the General Assembly in 1989. The Convention's 54 articles cover everything from a child's right to be free from sexual and economic exploitation, to the right to his or her own opinion, and to the right to education, health care, and economic opportunity. By September 1995, 178 countries had ratified the Convention. A dozen more, some of which had been created since the Convention was adopted six years earlier, were considering it. As a result of this growing support, according of UNICEF, childhood is coming to be widely seen not as "some kind of probation period before becoming an adult". Instead, she said, "the child emerges as an individual with dignity who has all the rights of a full human being." The initiative for the Convention came from the Government of Poland, which submitted a Draft Convention to the Commission on Human Rights in 1978, prior to celebration of the 20th anniversary of the Declaration on the Rights of the Child during the International Year of the Child in 1979. That led to a decade of collaboration between a small group of non-governmental organizations, including Radda Barnen of Sweden, the International Child Catholic Bureau, and Defense for Children International, and United Nations human rights experts. After a

lengthy period of careful negotiations, the Convention on the Rights of the Child was adopted in November 1989 by a vote of the General Assembly. By September of the following year, the Convention had obtained the 20 ratifications required for its entry into force as international law. Its importance as a foundation of modern human rights law was later underscored at the 1993 World Conference on Human Rights in Vienna.

HUMAN RIGHTS AND DEVELOPMENT.


By the late 1980s, progress in attracting support for the Convention had drawn the attention of UNICEF. While the organization has always devoted itself to the improvement of social and economic conditions for children, primarily in the fields of health and education, it was not until then that it saw the potential for integrating human rights objectives with more traditional development programs. While UNICEF originally included the Convention as one of a number of its program and advocacy concerns, by late 1994 UNICEF's Executive Director, James P. Grant, announced that the Convention would become the framework for all of UNICEF's programming. In May 1995, UNICEF announced a new procurement policy on child labor, pledging to purchase materials and supplies only from companies that do not exploit child labor. The UNICEF Representative in each country is required to assess the local situation and evaluate the child labor practices of local companies. Historically there had been a conceptual divide between those who acted as advocates on behalf of human rights and those who pursued the development of economic and social policies and social welfare programs. Because the Convention on the Rights of the Child covers so much ground, it has provided a conceptual and legislative umbrella for both traditions. The child-protection issues normally

associated with human rights are included -- among them those of sexual and economic exploitation, of refugee status, and of juvenile justice. Social reformers and human rights lawyers have defended individual children's rights or pursued political or policy objectives deemed advantageous to children for many years. But with the Convention the concern can now be regarded as universal. The ratification of the Convention by so many countries means that its articles and principles are now being adapted to, and becoming part of, national laws. The World Conference on Human Rights called for universal ratification of the Child Convention by 1995. While the recent intensification of interest and concentration of resources devoted to child rights following adoption of the Convention has not yet yielded particularly dramatic or even measurable results directly affecting the daily lives of most of the world's children, it has spawned efforts at legislative reform in countries around the world -- particularly in Latin America and Southeast Asia.

A CATALYST FOR NATIONAL ACTION.


"The Convention is our essential framework," says Mrs. RaadiAzarakhchi of the Centre for Human Rights who serve as the Secretary of the Committee on the Rights of the Child, a United Nations body. "It's really a catalyst for action at national level. It provides universal standards -- but there are ways it can be interpreted that can be suited to various cultural situations. The Committee on the Rights of the Child was established by the Convention as a means of monitoring and aiding Governments in bringing their national laws and practices into conformity with the treaty. By late 1995, the Committee, which consists of 10 international members with backgrounds in law, education and social work, had reviewed some 40 reports on implementation plans since 1993 from countries that had ratified the Convention. Reports are required within two years of ratification, and are used as a means of opening a dialogue between members of the Committee, the Government of a ratifying state, and the public in that country. Non-governmental organizations are invited to contribute

information or comment, and in over 20 countries have published alternative reports that either add to or take issue with the Government reports. The Committee reviews the reports and releases its

recommendations, which the Government is subsequently obligated to make public. A follow-up report from each Government is required five years later. It has provided one way of measuring just how serious a Government is about honoring the Convention with legislative or social policy reform.

A LAG IN NATIONAL REPORTS.


According to UNICEF's 1995 Progress of Nations, by the end of February 1995 there were 35 countries that were more than two years late in submitting their reports, and 21 that were more than a year overdue. About one-third of the 174 countries that had ratified the Convention by April 1995 had done so while lodging reservations about certain provisions with the Secretary- General of the United Nations. In some cases countries have felt the Convention doesn't go far enough. Several countries have stated that it would be better for the Convention to stipulate 18 rather than 15 as the minimum age for participation in armed conflict. Other countries have expressed reservations about matters such as the precise definition of a child and freedom of conscience and religion. Still others have more sweeping and potentially problematic reservations, such as those of several Islamic countries that reserve the right not to apply articles in the Convention that are incompatible with shariah law. In some cases, Government reports have been challenged as insufficient. In the Philippines, the Government report was challenged by both the National Coalition of NGOs for Monitoring the Convention on the Rights of the Child and the Committee on the Rights of the Child. The Committee noted "a lack of reliable qualitative and quantitative data, a shortcoming of means for programs

of implementation, and a lack of indicators and mechanisms to evaluate the progress and impact of policies adopted." The Committee ultimately encouraged the Government to support wider participation of governmental agencies and non-governmental organizations in the process of bringing their national laws into line with the provisions of the Convention. Much of the power of the Convention comes from mutual example and pressure from the public and from donor countries rather than any real enforcement power. Those that fail to take action or do not take it seriously enough can be admonished by Governments that have taken steps to abide by the Convention. But more persuasive pressure may come from those countries that ratify the Convention and, in turn, receive donor funding for various national initiatives, or assistance with the drafting of laws or establishment of child-advocacy bureaus. "We have seen enough in five years to know that this approach works," writes Hoda Badra, Chairperson of the International Committee on the Rights of the Child in 1995, in UNICEF's Progress of Nations. "When the Government of Viet Nam, for example, accepted that we were more interested in helping than criticizing, they submitted an open and self-critical report. Subsequently, Viet Nam acted: laws covering the protection, care and education of children have all been passed." Others countries have done the same. The Government of Tunisia has made an unusual effort. The Council of Ministers adopted a Code for the Protection of the Child on 17 May 1995, and a delegate for child protection has been appointed in each of the 23 governorates to oversee implementation of the Convention at the sub-national level. Since July 1991, education has been mandatory for children from 6 to 16 years old, and legal action can be taken against parents who do not comply.

PROGRESS IN NATIONAL PROGRAMS.

The Indonesian Government has increased budget allocations for health services to mothers and children during a period of austerity, developed manuals for law enforcement training on the Convention, and established a Child Protection Institute. In Costa Rica, a new Legal Code for Minors is being developed using the Convention as the framework. In response to comments from the Committee on the Rights of the Child on the great number of national and international child adoptions in Costa Rica, the Legislature has started reviewing the Hague Convention on international adoption. In Jamaica, the Government has started a legislative review and, despite heavy debt payments, is increasing its expenditures for children. In Nicaragua, the Government report to the Committee has been made public, a basis is being established for a Child and Adolescent legal code, and a public policy for children is being considered.

And in 1991, the Government of Colombia created the State Information Agency for Child Rights.

LISTENING TO CHILDREN'S VOICES.


In the best spirit of the Convention, the Government of Nepal is seeking input from children as part of its preparation for reporting to the Committee. In April 1995, 29 children participated in a four-day workshop on the Convention sponsored by a consortium of NGOs and UNICEF. Included were working children, a street boy, a disabled girl, children from refugee communities and those from both urban Englishlanguage schools and Nepali schools. Ultimately, they took discussion of the Convention back to their communities and met with the Prime Minister. Even in countries where both the legality and morality of human rights covenants have been abandoned or repeatedly violated, efforts are being made in the name of the Convention. In Sudan, UNICEF and Operation Lifeline Sudan (OLS) partners have solicited support for the Convention from the Sudan Peoples' Liberation Movement (SPLM) and the South Sudan Independence Movement (SSIM), the rebel movements in control of much of southern Sudan. This is happening in an area where there are no national laws, and where military rule prevails. Relations between OLS and political authorities are governed by ground rules which OLS recently rewrote to include a statement of humanitarian

principles. These principles include a statement of support both for the Convention and the Geneva Convention, according to the Report from Sudan. "Both rebel movements have signed the ground rules", the Report said. "This is an important step forward since it is the first time the movements have made such pledges toward child rights and will provide UNICEF/OLS with a much better opportunity to address breaches and violations." But the realities in much of the world are that despite national laws that conform to a United Nations Convention, enforcement will be the determining factor in whether or not children's rights are protected. Even in countries with sophisticated legal systems the lack of enforcement is a problem. "In India," according to the Special Rapporteur, "despite laws prohibiting children under 14 from working in hazardous industries, violations are widespread. They include transgressions in industries such as those producing matches, fireworks, glass and bricks, in diamond cutting and lock making, and in stone quarries." The hope is that the Convention will continue to stimulate the kind of debate that often leads to attitudinal change. Child rights need to be actively respected rather than simply acknowledged, and advocates admit that more than the passage of laws and publicizing of the Convention will be required. "It really is a matter of a change of mentality," says Mrs. Raadi-Azarakhchi of the International Committee on the Rights of the Child. "We believe the Convention is a wonderful instrument," says Ricardo Domenici, secretary-general of the NGO group Defense of Children International and an advocate of the Convention for more than a decade. "But unless there are really socially conscious policies in the country, the Convention won't make that much of a difference. It is still true that things are not very good for children."

CHAPTER-III INTERNATIONAL COVENTIONS ON CHILDRENS HUMAN RIGHTS.

COVENANT DEFINITION: A mutual agreement of two or more persons or parties, or one of the stipulations in such an agreement. THE ROLE OF THE UNITED NATIONS IN RESPECT OF CHILDRENS HUMAN RIGHTS.

The United Nations has repeatedly emphasized the need to integrate human rights into the broad range of its activities. It is essential to recognize the potential of almost all UN human rights mechanisms and procedures for contributing to the protection and promotion of childrens rights. HUMAN RIGHTS TREATIES.

The creation of a body of international human rights law is one of the United Nations great achievements. The United Nations has helped negotiate more than 70 human rights treaties and declarationsmany focused on the rights of vulnerable groups such as women, children, persons with disabilities, minorities and indigenous peoples. Together, these treaties and declarations have helped create a culture of human rights throughout the world, providing a powerful tool to protect and promote all rights. In accordance with the treaties, States parties have set up treaty body committees that may call upon States to respond to allegations, adopt decisions and publish them along with criticisms or recommendations. WORLD CONFERENCES AND SUMMITS. The standards articulated in the international covenants and

conventions have been reinforced through declarations and plans of action that have emerged from a series of World Conferences organized by the United Nations. These conferences have gained importance as real forums for deciding on national and international policy regarding such global issues as the environment, human rights and economic development. They focus world attention on these issues and place them squarely on the global agenda. UNICEF's work in the area of child rights is informed by the World Summit for Children (1990), as well as by the World Conference on Education for All (1990), the World Conference on Human Rights (1993), the World Summit for Social Development (1995), the Fourth World Conference on Women (1995), the Millennium Summit (2000), and the World Summit and Special Session on Children (2005). The 1993 World Conference on Human Rights, in particular, recognized that the human rights of children constitute a priority for action within the United Nations system. At the 2005 Special Session on Children, Member States committed themselves to improving the situation of children.

OTHER MECHANISMS FOR PROTECTING HUMAN RIGHTS. The United Nations promotes respect for the law and protection of human rights in many other ways, including: Monitoring the human rights records of nations: The treaty body committees receive technical, logistical and financial support from the United Nations. The United Nations also has an Office of the High Commissioner for Human Rights, which is mandated to promote and protect the enjoyment and full realization by all people of human rights. Appointing special procedures to address specific country situations or broader issues: The United Nations may also appoint experts (sometimes titled special rapporteurs, representatives or independent experts), to address a specific human rights issue or particular country. These experts may conduct studies, visit specific countries, interview victims, make specific appeals and submit reports and recommendations. These procedures include a number of child-specific procedures and many broader procedures which increasingly make reference to children's rights. Child specific procedures include the Special Rapporteur on the sale of children, child prostitution and child pornography; and the Special Representative of the Secretary-General on the impact of armed conflict on children. Many broader procedures increasingly include references to children's rights in the context of their particular mandates. Such procedures include the Special Rapporteurs on the right to education; on torture; on extrajudicial, summary or arbitrary executions; on violence against women; on freedom of religion or belief; and on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; and also an Independent Expert on human rights and extreme poverty. Country-specific Special Rapporteurswho focus on the human rights situations in particular

countries and regions and can receive individual complaintsand the Representative of the Secretary-General on Internally Displaced Persons have also singled out violations of childrens rights. Some other relevant mechanisms include Working Groups on Enforced or Involuntary Disappearances and on Arbitrary Detention.

PROTECTING AND REALIZING CHILDREN'S RIGHTS IN THE HUMAN RIGHTS FRAMEWORK.

The Convention on the Rights of the Child sets out the rights that must be realized for children to develop their full potential, free from hunger and want, neglect and abuse. It reflects a new vision of the child. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights. The Convention offers a vision of the child as an individual and as a member of a family and community, with rights and responsibilities appropriate to his or her age and stage of development. By recognizing children's rights in this way, the Convention firmly sets the focus on the whole child. The Convention and its acceptance by so many countries has heightened recognition of the fundamental human dignity of all children and the urgency of ensuring their well-being and development. The Convention makes clear the idea that a basic quality of life should be the right of all children, rather than a privilege enjoyed by a few. FROM ABSTRACT RIGHTS TO REALITIES Despite the existence of rights, children suffer from poverty,

homelessness, abuse, neglect, preventable diseases, unequal access to education and justice systems that do not recognize their special needs.

These are problems that occur in both industrialized and developing countries. The near-universal ratification of the Convention reflects a global commitment to the principles of children's rights. By ratifying the Convention, governments state their intention to put this commitment into practice. State parties are obligated to amend and create laws and policies to fully implement the Convention; they must consider all actions taken in light of the best interests of the child. The task, however, must engage not just governments but all members of society. The standards and principles articulated in the Convention can only become a reality when they are respected by everyonewithin the family, in schools and other institutions that provide services for children, in communities and at all levels of administration. ADDRESSING THE NEEDS OF CHILDREN. Governments must be sensitive to the rights of all their citizensnot just to those of childrenbut the world community recognizes that priority should be given to protecting childrens rights. There are many reasons for singling out children's rights in a separate human rights Convention: Children are individuals. Children are neither the possessions of parents nor of the state, nor are they mere people-in-the-making; they have equal status as members of the human family. Children start life as totally dependent beings. Children must rely on adults for the nurture and guidance they need to grow towards independence. Such nurture is ideally found in adults in children's families, but when primary caregivers cannot meet children's needs, it is up to society to fill the gap. The actions, or inactions, of government impact children more strongly than any other group in society. Practically every area of

government policy (for example, education, public health and so on) affects children to some degree. Short-sighted policymaking that fails to take children into account has a negative impact on the future of all members of society by giving rise to policies that cannot work. Children's views are rarely heard and rarely considered in the political process. Children generally do not vote and do not otherwise take part in political processes. Without special attention to the opinions of childrenas expressed at home and in schools, in local communities and even in governmentschildren's views go unheard on the many important issues that affect them now or will affect them in the future. Many changes in society are having a disproportionate, and often negative, impact on children. Transformation of the family structure, globalization, shifting employment patterns and a shrinking social welfare net in many countries all have strong impacts on children. The impact of these changes can be particularly devastating in situations of armed conflict and other emergencies. The healthy development of children is crucial to the future well-being of any society. Because they are still developing, children are especially vulnerablemore so than adultsto poor living conditions such as poverty, inadequate health care, nutrition, safe water, housing and environmental pollution. The affects of disease, malnutrition and poverty threaten the future of children and therefore the future of the societies in which they live. The costs to society of failing its children are huge. Social research findings show that children's earliest experiences significantly influence their future development. The course of their development determines their contribution, or cost, to society over the course of their lives.

PROMOTING AND PROTECTING RIGHTS FOR THE CHILDREN

While the Convention on the Rights of the Child is addressed to governments as representatives of the people, it actually addresses the responsibilities of all members of society. Overall, its standards can be realized only when respected by everyoneparents and members of the family and the community; professionals and others working in schools, in other public and private institutions, in services for children, in the courts and at all levels of government administrationand when each of these individuals carries out his or her unique role and function with respect to these standards. The role of governments, families and children Governments are obliged to recognize the full spectrum of human rights for all children and consider children in legislative and policy decisions. While many States are beginning to listen seriously to children's views on many important issues, the process of change is still in its earliest stages. Children have a right to express their opinions and to have their views taken seriously and given due weight. But children also have a responsibility to respect the rights of others, especially those of their parents. The Convention specifically refers to the family as the fundamental group of society and the natural environment for the growth and well-being of its members, particularly children. Under the Convention, States are obliged to respect parents' primary responsibility for providing care and guidance for their children and to support parents in this regard, providing material assistance and support programmes. States are also obliged to prevent children from being separated from their families unless the separation is necessary for the child's best interests. Fulfilling obligations: Under the Convention, State Parties have an obligation to amend and create laws and policies to fully implement the Convention. As a result, the Convention has inspired a process of

national legal implementation and social change in all regions of the world. Local and national governments have amended laws to take into consideration the best interests of the child and adopted social policies that promote realization of childrens rights. Individuals, including children, and communities have actively voiced their views and called for change. UNICEF has undertaken advocacy, cooperated with governments and organizations and provided technical assistance to further implementation of the Convention. Other United Nations agencies, such as the UN Refugee Agency (UNHCR); the World Health Organization (WHO); and the UN Educational, Scientific and Cultural Organization (UNESCO) actively promote the rights embodied in the Convention. And many non-governmental organizations work for better implementation of the Convention.

FOLLOWING ARE THE IMPORTANT INTERNATIONAL COVENANTS FOR THE PROTECTION OF CHILDRENS HUMAN RIGHTS AROUND THE WORLD: 1924 Geneva Declaration on Childs rights.
Mankind owes to the child the best that it has. The United Nations recognized for the first time the specific rights of children.

1948 Rights.

Universal

declaration

of

Human

Human beings are born free and equal in dignity and rights. Children have the right to special help and assistance.

1959 Declaration of the Rights of the Child.


For the first time, countries of different cultures recognized universal principles and necessities of the Rights of the Child.

1966 International treaties.


Protection from Exploitation and Right to Education for Children.

1973 Convention 138 on the minimum age for admission to employment.

The international Labor Organization sets 18 as the minimum age for work while health and safety can be compromised.

1989 International Convention on the rights of children.


A compelling text covering civil, political, social, economical and cultural rights of the Child is adopted for all States. It is THE reference on the subject of the rights of the Child.

1999 Convention 182 concerning the worst form of child labour.


Prohibit and act against the worst form of child labor.

2000 Optional protocol to the convention on the rights of children concerning their implication in armed conflicts.
Child protection from war and armed violence.

2000 Optional protocol concerning the sale of children, prostitution and child pornography
A specific protection from sexual exploitation.

1924 GENEVA DECLARATION ON CHILDS RIGHTS.


About the Declaration
In 1924, the League of Nations (LON) adopted the Geneva

Declaration, a historic document that recognized and affirmed for the first time the existence of rights specific to children and the responsibility of adults towards children. Origin of the first Declaration of the Rights of the Child. After witnessing the horror of World War I, Eglantyne Jebb realized that children need special protection. In 1919, with the help of her sister, Dorothy Buxton, Jebb founded the Save the Children Fund in London to provide assistance to and protect children who have experienced war.

In 1920, with the support of the International Committee of the Red Cross (ICRC), the Save the Children Fund was organized and structured around the International Save the Children Union. On 23 February 1923, the International Save the Children Union adopted the first version of the Declaration of the Rights of the Child during its fourth general assembly. The draft was later ratified during the fifth general assembly, on 28 February 1924. Jebb sent this document to the League of Nations, saying that she believed we should claim certain Rights for the children and labor for their universal recognition. On 26 September 1924, the League of Nations adopted the declaration and titled it the Geneva Declaration. It was a historic daythe first time specific rights for children were recognized. Content of the Geneva Declaration The 1924 Geneva Declaration stated that humanity owes to the Child the best that it has to give. In simple terms, (there is in fact no reference to rights as such) the Declaration points out adults obligations to children.(1) The fundamental needs of children were summarized in five points. The document discussed the well-being of children and recognized their right to development, assistance, relief and protection. However, even though the document addressed certain fundamental rights, it was not legally binding. In 1934, the General Assembly of the League of Nations once again approved the Geneva Declaration . The signatories promised to incorporate the principles of the document into their national laws, but they were not legally bound to do so.

Nonetheless, the Geneva Declaration remains the first international Human Rights document in history to specifically address childrens rights. Geneva Declaration of the Rights of the Child of 1924 Preamble By the present Declaration of the Rights of the Child, commonly known as Declaration of Geneva, men and women of all nations, recognizing that mankind owes to the Child the best that it has to give, declare and accept it as their duty that, beyond and above all considerations of race, nationality or creed:

Article 1 The child must be given the means requisite for its normal development, both materially and spiritually. Article 2 The child that is hungry must be fed; the child that is sick must be nursed; the child that is backward must be helped; the delinquent child must be reclaimed; and the orphan and the waif must be sheltered and succored. Article 3 The child must be the first to receive relief in times of distress. Article 4 The child must be put in a position to earn a livelihood, and must be protected against every form of exploitation.

Article 5 The child must be brought up in the consciousness that its talents must be devoted to the service of fellow men.

1948 Universal declaration of Human Rights


A specific protection from sexual exploitation About the Declaration In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, which represents a common standard of achievement for all peoples and all nations. What are Human Rights? Human Rights are the recognition of the inalienable dignity of human beings (1). Free of discrimination, inequality, or distinction of any kind, human dignity is universal, equal and inalienable. All human beings are born free and equal in dignity and rights.

Beyond the concept, Human Rights are expressed and defined in legal texts, which seek to guarantee the dignity of human beings and to make it a reality. Origin of the Universal Declaration of Human Rights The philosophy of Human Rights began with the Enlightenment. In The Social Contract (I,4), Rousseau sought a form of association in which each, while uniting himself with all, may still obey himself alone, and remain as free as before. The 1948 text of the Universal Declaration of Human Rights is inspired by the 1789 text of The Declaration of the Rights of Man and of the Citizen. After the horrors of the Second World War, the international community decided to draw up an international charter of rights that would affirm the values put forward in the struggle against fascism et Nazism. The drafting of such a charter was entrusted to a committee chaired by Eleanor Roosevelt and composed of members from 18 countries. The Charter was drafted by Canadian John Peters Humphrey, and then revised by Frenchman Ren Cassin. The final text is pragmatic and the result of numerous political consensuses, so that it would gain widespread approval. The Universal Declaration of Human Rights was adopted by the third General Assembly of the United Nations on 10 December 1948 in Paris. None of the 56 members of the United Nations voted against the text, but South Africa, Saudi Arabia and the Soviet Union abstained. In the midst of the Cold War and in the face of growing opposition to colonialism, it took two decades for the United Nations to agree on how to make it legally binding. [our translation] (1) Content of the Universal Declaration of Human Rights

The Universal Declaration of Human Rights is the common standard of achievement for all peoples and all nations. The Universal Declaration of Human Rights states that motherhood and childhood are entitled to special care and assistance and describes the family as the natural and fundamental group unit of society. Although children are seldom mentioned in this text, it is nevertheless a significant document, and its impact on all human beings, including children, is what makes the Declaration so important. In fact, childrens rights are based on human rights. The 1959 Declaration of the Rights of the Child highlighted the unique nature of childhood and thus the application of rights pertaining specifically to children. Universal Declaration of Human Rights (1948) Preamble 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 peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3 Everyone has the right to life, liberty and security of person. Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6 Everyone has the right to recognition everywhere as a person before the law. Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16 1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses.

3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association. Article 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right to equal access to public service in his country.

3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23 1. Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25

1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children. Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

1959 Declaration of the Rights of the Child.


Declaration of the Rights of the Child, 1959 About the Declaration In 1959, the United Nations General Assembly adopted the

Declaration of the Rights of the Child. It marked the first major international consensus on the fundamental principles of childrens rights. Origin of the Declaration of the Rights of the Child In 1924, the League of Nations (LON) adopted the Geneva Declaration, a historic document that recognized and affirmed for the first time the existence of rights specific to children and the responsibility of adults towards children.

The United Nations (UN) was founded After World War II. It took over the Geneva Declaration in 1946. However, following the adoption of the Universal Declaration of Human Rights in 1948, the advancement of rights revealed the shortcomings of the Geneva Declaration, which therefore had to be expanded. Several [UN] Member States were calling for a convention, that is, an international tool that would legally bind the States that had ratified it, but this proposal was not adopted. [our translation - to check] (1) They thus chose to draft a second Declaration of the Rights of the Child, which again addressed the notion that mankind owes to the Child the best that it has to give. On 20 November 1959, the Declaration of the Rights of the Child was adopted unanimously by all 78 Member States of the United Nations General Assembly in Resolution 1386 (XIV). Content of the Declaration of the Rights of the Child The child is recognized, universally, as a human being who must be able to develop physically, mentally, socially, morally, and spiritually, with freedom and dignity. [our translation] (1) However, neither the 1924 Geneva Declaration nor the 1959 Declaration of the Rights of the Child define when childhood starts and ends, mainly to avoid taking a stand on abortion. Nonetheless, the Preamble to the Declaration of the Rights of the Child highlights childrens need for special care and protection, including appropriate legal protection, before as well as after birth. The Declaration of the Rights of the Child lays down ten principles (2):

1. The right to equality, without distinction on account of race, religion or national origin.

2. The right to special protection for the childs physical, mental and social development.

3. The right to a name and a nationality. 4. The right to adequate nutrition, housing and medical services. 5. The right to special education and treatment when a child is physically or mentally handicapped.

6. The right to understanding and love by parents and society. 7. The right to recreational activities and free education. 8. The right to be among the first to receive relief in all circumstances. 9. The right to protection against all forms of neglect, cruelty and exploitation.

10. The right to be brought up in a spirit of understanding, tolerance, friendship among peoples, and universal brotherhood.

United Nations Declaration of the Rights of the Child (1959) Preamble Whereas the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, Whereas the United Nations has, in the Universal Declaration of Human Rights, proclaimed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Whereas the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth, Whereas the need for such special safeguards has been stated in the Geneva Declaration of the Rights of the Child of 1924, and recognized in the Universal Declaration of Human Rights and in the statutes of specialized agencies and international organizations concerned with the welfare of children, Whereas mankind owes to the child the best it has to give, Now therefore, The General Assembly Proclaims this Declaration of the Rights of the Child to the end that he may have a happy childhood and enjoy for his own good and for the good of society the rights and freedoms herein set forth, and calls upon parents, upon men and women as individuals, and upon voluntary organizations, local authorities and national Governments to recognize these rights and strive for their observance by legislative and other measures progressively taken in accordance with the following principles: Principle 1 The child shall enjoy all the rights set forth in this Declaration. Every child, without any exception whatsoever, shall be entitled to these rights, without distinction or discrimination on account of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, whether of himself or of his family. Principle 2

The child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration. Principle 3 The child shall be entitled from his birth to a name and a nationality.

Principle 4 The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in health; to this end, special care and protection shall be provided both to him and to his mother, including adequate pre-natal and post-natal care. The child shall have the right to adequate nutrition, housing, recreation and medical services. Principle 5 The child who is physically, mentally or socially handicapped shall be given the special treatment, education and care required by his particular condition. Principle 6 The child, for the full and harmonious development of his personality, needs love and understanding. He shall, wherever possible, grow up in the care and under the responsibility of his parents, and, in any case, in an atmosphere of affection and of moral and material security; a child of tender years shall not, save in exceptional circumstances, be separated from his mother. Society and the public authorities shall have the duty to extend particular care to children without a family and to those without adequate means of support. Payment of

State and other assistance towards the maintenance of children of large families is desirable. Principle 7 The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He shall be given an education which will promote his general culture and enable him, on a basis of equal opportunity, to develop his abilities, his individual judgment, and his sense of moral and social responsibility, and to become a useful member of society. The best interests of the child shall be the guiding principle of those responsible for his education and guidance; that responsibility lies in the first place with his parents. The child shall have full opportunity for play and recreation, which should be directed to the same purposes as education; society and the public authorities shall endeavor to promote the enjoyment of this right. Principle 8 The child shall in all circumstances be among the first to receive protection and relief. Principle 9 The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form. The child shall not be admitted to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development.

Principle 10 The child shall be protected from practices which may foster racial, religious and any other form of discrimination. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.

1966 INTERNATIONAL TREATIES


International Covenants Presentation On December 16th 1966, United Nations General Assembly adopted two covenants in its resolution 2200 A (XXI) : the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These covenants are reinforcement concerning the Universal Declaration of Human Rights (1948). What are the Civil and Political Rights? The Civil and Political Rights are Human Rights, considered as liberty rights . These rights also imply a State abstention of intervention in the liberty of every human.

Historically, these rights enabled the recognition of the human being and its liberties, especially with citizenship rights and protection of physical integrity. Also, there are individual liberty : freedom of speech and thought, freedom from torture and slavery, the right to vote What are the Economical, Social and Cultural Rights ? The Economical, Social and Cultural Rights are human rights considered as debt obligation , which means the State has to step up and take appropriate measurements to guarantee their application (contrary to the Civil and Political Rights). These rights guarantee for every human being an adequate standard of living and promote the continuous improvement of the living conditions. It also included the right to health, to education, to work, to social security The Covenants Adoption Since December 10th 1948, the adoption of the Universal Declaration of Human Rights, the General Assembly asked to the Human Rights Committee to prepare a covenant project. The goal was to write a text that was juridically restrictive, to complete and reinforce the Declaration, which only had a declaratory worth. This text should gather all of the Humans Rights (economical, civil, political, social and cultural) and the genders equality, as for the use of these Rights. The development of this project was marked by a profound disagreement between the States, reflecting the ideological debates of the current time. Whereas the capitalist States promoted the Liberty Rights, the communist States insisted on the Economical, Social and Cultural Rights. This scission between the States forced the General Assembly to ask, in 1951, the writing of two different covenants. The Committee will then elaborate a

pact on Civil and Political Rights and another one on Economical, Social and Cultural Rights. Despite the persistence of disagreements between the States, both covenants were adopted on December 16th 1966. After a 10 year pending, both covenants were enforced in 1976 : on January 3rd for the International Covenant of Economical, Social and Cultural Rights, and on March 23rd for the International Covenant on Civil and Political Rights.

The Covenants content These covenants form, with the Universal Declaration of Human Rights, the Charter of Human Rights : these are the three fundamental texts that protects Human Rights. Both Covenants have collaborative dispositions, particularly the preamble, which states that both Rights Covenants are indivisible. The principle of indivisibility and interdependence of the Human Rights will be solemnly established in the Declaration and in the Action Program of Vienna, adopted on June 25th 1993, at the World Conference in Human Rights. Both covenants promote the Right of self-determination and gender equality as for the access of Fundamental Human Rights (article 3). The International Covenant for Civil and Political Rights also protects :

The right to life (article 6); The freedom from torture or any other cruel treatments, inhuman or degrading (article 7);

The freedom from slavery (article 8); The right of liberty and security of the person, in the form of freedom from arbitrary arrest and detention (article 9);

The procedural fairness in law, in the form of rights to due process (article 14);

The individual liberty, in the form of freedom of movement, thought, conscience and religion, speech (article 18);

The right to vote and to be elected by direct universal suffrage (article 25).

The International Covenant on Economical, Social and Cultural Rights protects also :

The labour rights (article 6); The right of an adequate standard of living (article 11); The right of a good health (article 12); The right to education (article 13); The right of free universal primary education (article 14); The cultural rights (article 15).

The stake of the Covenants of Rights of the Child Both International Covenants also refers to the Rights of the Child, rights that have been pronounced in the Universal Declaration of Human Rights, the Geneva Declaration in 1924 and the Declaration of Rights of the Child in 1959 :

The article 24 in the International Covenant on Civil and Political Rights maintain the Rights of the Child to protection, the right to have a name and a nationality. Every child, with no discrimination based on his race, color, sex, language, religion, national or social origin, fortune or birth, has a right, from his family, his society and his state, to protection accorded to its status as a minor . The article 10 in the International Covenant on Economical, Social and Cultural Rights maintain the Rights of the Child to benefit from a protection against victimization and the obligation for the state to set a minimum age for work. The article 12 of this same Covenant maintains the right for the child to be nursed if sick. Finally, the article 13 maintains the right to education and the free universal primary education for every child. [...] the education must aim to the full development of the human personality and its dignity, and reinforce the respect of Human Rights and its fundamental liberties. The reassertion of these rights is an important leap in the protection of the Rights of the Child. Indeed, the right to a protection, the right to an identity, the right to a decent education and the right to a protection against victimization are the most fundamental rights for the children. Before the adoption of these international covenants, these rights were approved only by declarations. The covenants gave a restrictive worth to these rights. Since then, all the States that signed the Declaration are legally bound to respect these rights for all the children under their jurisdiction. Checkpoints

Both covenants establish checkpoints to keep an eye on the the States who are bound to respect these rights. The Human Rights Committee The United Nations Human Rights Committee was created par the article 28 of the International Covenant on the Civil and Political Rights, and was put in place in 1976, right after the adoption of the Covenant. Composed of 18 independent experts, this committee is in charge of the surveillance of the implementation of the dispositions of the covenant by the States. The committee holds three sessions per year, either in Geneva or in New York, to control the States, which are bound to present periodical reports (every four years) on their efforts in the implementation of the covenant. Besides, as soon as a State enters the Covenant, it has to give the committee an initial report on its national situation. The committee is competent to receive communications formulated by States on other States, on violations of the dispositions set by the Covenant (article 41). The first facilitative protocol of the Covenant make the committee competent to examine communications coming from privates, related to a violation of the disposition by a State (article 14). The second facilitative protocol of the Covenant provides the abolition of the death penalty for the States which signed the Covenant. Finally, the committee can also formulate general observation which will enable to clarify the dispositions, to advise the States on the implementation of the Covenant. The Economical, Social and Cultural Rights Committee

The Economical, Social and Cultural Rights Committee has not been created by the International Covenant on the Economical, Social and Cultural Rights, but by the Economical and Social Council of the United Nations, in its resolution 1985/17 on Mai 28th 1985. Indeed, according to the forth part of the Covenant, it is the Council that has the ability to control its implementation. But the council, already in charge of many activities, decided in 1985 to create the Committee as a checkpoint of the implementation of the Covenant. The committee is composed of 18 independent experts and is holding two sessions a year in Geneva. As the Human Rights Council, the States are bound to give their periodical reports (every 5 years) and an initial report every two years following their membership to the Covenant. This report can also formulate their general observations. Besides, the committee also has the ability to examine state-owned communications. Concerning the individual communications, the General Assembly adopted a facilitative protocol (resolution A/RES/63/117 GA) that enabled this ability. This protocol was adopted by the Human Rights Council in June 2008 and was open for signature to the States in September 2009. International Covenant on Civil and Political Rights (1966) Preamble The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, 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 peace in the world, Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant, Agree upon the following articles:

PART I Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust

Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations. PART II Article 2 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Article 4 1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, color, sex, language, religion or social origin. 2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision. 3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation. Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant. 2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the

present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent. PART III Article 6 1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant. Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. Article 8 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. 2. No one shall be held in servitude. 3. (a) No one shall be required to perform forced or compulsory labor; (b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labor may be imposed as a punishment for a crime, the performance of hard labor in pursuance of a sentence to such punishment by a competent court; (c) For the purpose of this paragraph the term forced or compulsory labor shall not include: (i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; (ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors; (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (iv) Any work or service which forms part of normal civil obligations. Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. Article 10 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as un convicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status. Article 11 No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.

Article 12 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (order public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant. 4. No one shall be arbitrarily deprived of the right to enter his own country. Article 13 An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and

to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority. Article 14 1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (order public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal

assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country. Article 15 1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or

international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby. 2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations. Article 16 Everyone shall have the right to recognition everywhere as a person before the law. Article 17 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. Article 18 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest ones religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. Article 19 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. Article 20 1. Any propaganda for war shall be prohibited by law. 2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the International Labor Organization Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention. Article 23 1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. 2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses. 4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children. Article 24 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name. 3. Every child has the right to acquire a nationality. Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country. Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.

PART IV Article 28 1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided. 2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience. 3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29 1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant. 2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State. 3. A person shall be eligible for re-nomination. Article 30 1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant. 2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months. 3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election. 4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute

majority of the votes of the representatives of States Parties present and voting. Article 31 1. The Committee may not include more than one national of the same State. 2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems. Article 32 1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if re-nominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4. 2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant. Article 33 1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant. 2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.

Article 34 1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy. 2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant. 3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article. Article 35 The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committees responsibilities. Article 36 The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant. Article 37

1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations. 2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure. 3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva. Article 38 Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously. Article 39 1. The Committee shall elect its officers for a term of two years. They may be re-elected. 2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that: (a) Twelve members shall constitute a quorum; (b) Decisions of the Committee shall be made by a majority vote of the members present. Article 40 1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned; (b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant. 3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence. 4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant. 5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article. Article 41 1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter; (b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State; (c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged; (d) The Committee shall hold closed meetings when examining communications under this article; (e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant; (f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing; (h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report: (i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached; (ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned. 2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration. Article 42 1.

(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant; (b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members. 2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41. 3. The Commission shall elect its own Chairman and adopt its own rules of procedure. 4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned. 5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.

6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information. 7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned: (a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter; (b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached; (c) If a solution within the terms of subparagraph (b) is not reached, the Commissions report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned; (d) If the Commissions report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission. 8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations. 10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article. Article 43 The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations. Article 44 The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them. Article 45 The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities. PART V Article 46

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant. Article 47 Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources. PART VI Article 48 1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant. 2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article. 4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. 5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession. Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession. 2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession. Article 50 The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions. Article 51 1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favor a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favors such a conference, the SecretaryGeneral shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other

States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted. Article 52 1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars: (a) Signatures, ratifications and accessions under article 48; (b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51. Article 53 1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.

International Covenant on Economic, Social and Cultural Rights (1966)


Preamble The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, 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 peace in the world, Recognizing that these rights derive from the inherent dignity of the human person, Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant, Agree upon the following articles:

PART I Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations. PART II Article 2 1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals. Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant. Article 4 The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society. Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant. 2. No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent. PART III Article 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by

work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programs, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual. Article 7 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favorable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; (d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

Article 8 1. The States Parties to the present Covenant undertake to ensure: (a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; (b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations; (c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others; (d) The right to strike, provided that it is exercised in conformity with the laws of the particular country. 2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State. 3. Nothing in this article shall authorize States Parties to the International Labor Organization Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention.

Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance. Article 10 The States Parties to the present Covenant recognize that: 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses. 2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits. 3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law. Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of

living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) Taking into account the problems of both food-importing and foodexporting countries, to ensure an equitable distribution of world food supplies in relation to need.

Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness. Article 13 1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace. 2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and available free to all; (b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education; (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education; (e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved. 3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions. 4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14 Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

Article 15 1. The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; (b) To enjoy the benefits of scientific progress and its applications; (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. 3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity. 4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

PART IV Article 16 1. The States Parties to the present Covenant undertake to submit in conformity with this part of the Covenant reports on the measures which they have adopted and the progress made in achieving the observance of the rights recognized herein. 2.

(a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit copies to the Economic and Social Council for consideration in accordance with the provisions of the present Covenant; (b) The Secretary-General of the United Nations shall also transmit to the specialized agencies copies of the reports, or any relevant parts therefrom, from States Parties to the present Covenant which are also members of these specialized agencies in so far as these reports, or parts therefrom, relate to any matters which fall within the responsibilities of the said agencies in accordance with their constitutional instruments. Article 17 1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance with a programme to be established by the Economic and Social Council within one year of the entry into force of the present Covenant after consultation with the States Parties and the specialized agencies concerned. 2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Covenant. 3. Where relevant information has previously been furnished to the United Nations or to any specialized agency by any State Party to the present Covenant, it will not be necessary to reproduce that information, but a precise reference to the information so furnished will suffice. Article 18 Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and fundamental freedoms, the Economic and Social Council may make arrangements with the specialized agencies in respect of their reporting to it on the progress made in achieving the observance of the

provisions of the present Covenant falling within the scope of their activities. These reports may include particulars of decisions and recommendations on such implementation adopted by their competent organs. Article 19 The Economic and Social Council may transmit to the Commission on Human Rights for study and general recommendation or, as appropriate, for information the reports concerning human rights submitted by States in accordance with articles 16 and 17, and those concerning human rights submitted by the specialized agencies in accordance with article 18. Article 20 The States Parties to the present Covenant and the specialized agencies concerned may submit comments to the Economic and Social Council on any general recommendation under article 19 or reference to such general recommendation in any report of the Commission on Human Rights or any documentation referred to therein.

Article 21 The Economic and Social Council may submit from time to time to the General Assembly reports with recommendations of a general nature and a summary of the information received from the States Parties to the present Covenant and the specialized agencies on the measures taken and the progress made in achieving general observance of the rights recognized in the present Covenant. Article 22

The Economic and Social Council may bring to the attention of other organs of the United Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance any matters arising out of the reports referred to in this part of the present Covenant which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the present Covenant. Article 23 The States Parties to the present Covenant agree that international action for the achievement of the rights recognized in the present Covenant includes such methods as the conclusion of conventions, the adoption of recommendations, the furnishing of technical assistance and the holding of regional meetings and technical meetings for the purpose of consultation and study organized in conjunction with the Governments concerned. Article 24 Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant. Article 25 Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART V Article 26 1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a party to the present Covenant. 2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article. 4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. 5. The Secretary-General of the United Nations shall inform all States which have signed the present Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 27 1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession. 2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession,

the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession. Article 28 The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions. Article 29 1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favor a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favors such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted. Article 30

Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars: (a) Signatures, ratifications and accessions under article 26; (b) The date of the entry into force of the present Covenant under article 27 and the date of the entry into force of any amendments under article 29. Article 31 1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 26.

1973 CONVENTION 138 ON THE MINIMUM AGE FOR ADMISSION TO EMPLOYMENT.

About the Convention The International Labour Organization (ILO) is the first organization to regulate child labour. On 26 June 1973, the General Conference of the ILO adopted a legally binding document setting the minimum legal working age at 15 years. Content of the Convention The Minimum Age Set by the Convention Convention 138 was developed to regulate child labour by setting a minimum age for admission to employment that the signatories are to respect. This Convention came into force on 19 June 1976. The minimum working age was set at 15 years (13 years for light work). For dangerous work, the Convention set the bar for admission to employment at 18 years (16 years under certain conditions). The Convention allows developing countries, whose economy and educational facilities are insufficiently developed, to temporarily set the minimum age for admission to employment at 14 years. This decision must be thoroughly justified. The ILO has also adopted Recommendation R146 to guide members in the application of this Convention.

The Role of this Convention in Childrens Rights Convention 138 aims to give children the right to live their childhoods. A child who is not working has a better chance of developing properly, both physically and mentally, and thus becoming a healthy adult.

The minimum age was set at 15 years to best ensure the well-being of the child. This threshold is based on the age when a childs development (growth, etc.) and basic education are considered complete. Scope of the Convention Convention 138 legally binds all the members who ratified it. Thus, of 183 ILO member States (1), 156 have ratified the Convention and are to respect it (2). However, some member States, where child exploitation is very much a problem, have not ratified it. For example, India, the worlds largest reservoir of child labour, still has not ratified this Convention, contributing to the perpetuation of child labour. To ensure the Convention is respected, the ILO has established certain control mechanisms. Committees of experts monitor the Conventions application and examine the progress reports members are obliged to submit. In addition, the ILO created the International Program on the Elimination of Child Labour (IPEC) in 1992 with the overall goal of progressively eliminating child labour.

Minimum Age Convention, 1973


Preamble The General Conference of the International Labour Organization,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its fifty-eighth session on 6 June 1973, and Having decided upon the adoption of certain proposals with regard to minimum age for admission to employment, which is the fourth item on the agenda of the session, and Noting the terms of the Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, the Minimum Age (Trimmers and Stokers) Convention, 1921, the Minimum Age (Non-Industrial Employment) Convention, 1932, the Minimum Age (Sea) Convention (Revised), 1936, the Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959, and the Minimum Age (Underground Work) Convention, 1965, and Considering that the time has come to establish a general instrument on the subject, which would gradually replace the existing ones applicable to limited economic sectors, with a view to achieving the total abolition of child labour, and Having determined that these proposals shall take the form of an international Convention, Adopts this twenty-sixth day of June of the year one thousand nine hundred and seventy-three the following Convention, which may be cited as the Minimum Age Convention, 1973:

Article 1 Each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to

raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. Article 2 1. Each Member which ratifies this Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work within its territory and on means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that age shall be admitted to employment or work in any occupation. 2. Each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified. 3. The minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. 4. Notwithstanding the provisions of paragraph 3 of this Article, a Member whose economy and educational facilities are insufficiently developed may, after consultation with the organisations of employers and workers concerned, where such exist, initially specify a minimum age of 14 years. 5. Each Member which has specified a minimum age of 14 years in pursuance of the provisions of the preceding paragraph shall include in its reports on the application of this Convention submitted under article 22 of the constitution of the International Labour Organisation a statement: ( a ) That its reason for doing so subsists; or ( b ) That it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3 1. The minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. 2. The types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. 3. Notwithstanding the provisions of paragraph 1 of this Article, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. Article 4 1. In so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. 2. Each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organisation any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to

which effect has been given or is proposed to be given to the Convention in respect of such categories. 3. Employment or work covered by Article 3 of this Convention shall not be excluded from the application of the Convention in pursuance of this Article. Article 5 1. A Member whose economy and administrative facilities are insufficiently developed may, after consultation with the organisations of employers and workers concerned, where such exist, initially limit the scope of application of this Convention. 2. Each Member which avails itself of the provisions of paragraph 1 of this Article shall specify, in a declaration appended to its ratification, the branches of economic activity or types of undertakings to which it will apply the provisions of the Convention. 3 The provisions of the Convention shall be applicable as a minimum to the following: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. 4. Any Member which has limited the scope of application of this Convention in pursuance of this Article: ( a ) Shall indicate in its reports under article 22 of the Constitution of the International Labour Organization the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of this Convention and any progress which may have been made towards wider application of the provisions of the Convention;

( b ) May at any time formally extend the scope of application by a declaration addressed to the Director-General of the International Labour Office. Article 6 This Convention does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organisations of employers and workers concerned, where such exist, and is an integral part of: ( a ) A course of education or training for which a school or training institution is primarily responsible; ( b ) A program of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or ( c ) A program of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. Article 7 1. National laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work which is: ( a ) Not likely to be harmful to their health or development; and ( b ) Not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. 2. National laws or regulations may also permit the employment or work of persons who are at least 15 years of age but have not yet completed their

compulsory schooling on work which meets the requirements set forth in subparagraphs ( a ) and ( b ) of paragraph 1 of this Article. 3. The competent authority shall determine the activities in which

employment or work may be permitted under paragraphs 1 and 2 of this Article and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. 4. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, a Member which has availed itself of the provisions of paragraph 4 of Article 2 may, for as long as it continues to do so, substitute the ages 12 and 14 for the ages 13 and 15 in paragraph 1 and the age 14 for the age 15 in paragraph 2 of this Article. Article 8 1. After consultation with the organizations of employers and workers concerned, where such exist, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. 2. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. Article 9 1. All necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention. 2. National laws or regulations or the competent authority shall define the persons responsible for compliance with the provisions giving effect to the Convention.

3. National laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are less than 18 years of age. Article 10 1. This Convention revises, on the terms set forth in this Article, the Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, the Minimum Age (Trimmers and Stokers) Convention, 1921, the Minimum Age (Non-Industrial Employment) Convention, 1932, the Minimum Age (Sea) Convention (Revised), 1936, the Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959, and the Minimum Age (Underground Work) Convention, 1965. 2. The coming into force of this Convention shall not close the Minimum Age (Sea) Convention (Revised), 1936, the Minimum Age (Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959, or the Minimum Age (Underground Work) Convention, 1965, to further ratification. 3. The Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, and the Minimum Age (Trimmers and Stokers) Convention, 1921, shall be closed to further ratification when all the parties thereto have consented to such closing by ratification of this Convention or by a declaration communicated to the Director-General of the International Labour Office. 4. When the obligations of this Convention are accepted:

( a ) By a Member which is a party to the Minimum Age (Industry) Convention (Revised), 1937, and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention, this shall ipso jure involve the immediate denunciation of that Convention, ( b ) In respect of non-industrial employment as defined in the Minimum Age (Non-Industrial Employment) Convention, 1932, by a Member which is a party to that Convention, this shall ipso jure involve the immediate denunciation of that Convention, ( c ) In respect of non-industrial employment as defined in the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937, by a Member which is a party to that Convention, and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention, this shall ipso jure involve the immediate denunciation of that Convention, ( d ) In respect of maritime employment, by a Member which is a party to the Minimum Age (Sea) Convention (Revised), 1936, and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention or the Member specifies that Article 3 of this Convention applies to maritime employment, this shall ipso jure involve the immediate denunciation of that Convention, ( e ) In respect of employment in maritime fishing, by a Member which is a party to the Minimum Age (Fishermen) Convention, 1959, and a minimum age of not less than 15 years is specified in pursuance of Article 2 of this Convention or the Member specifies that Article 3 of this Convention applies to employment in maritime fishing, this shall ipso jure involve the immediate denunciation of that Convention, ( f ) By a Member which is a party to the Minimum Age (Underground Work) Convention, 1965, and a minimum age of not less than the age specified in pursuance of that Convention is specified in pursuance of Article 2 of this

Convention or the Member specifies that such an age applies to employment underground in mines in virtue of Article 3 of this Convention, this shall ipso jure involve the immediate denunciation of that Convention, if and when this Convention shall have come into force. 5. Acceptance of the obligations of this Convention: ( a ) Shall involve the denunciation of the Minimum Age (Industry) Convention, 1919, in accordance with Article 12 thereof, ( b ) In respect of agriculture shall involve the denunciation of the Minimum Age (Agriculture) Convention, 1921, in accordance with Article 9 thereof, ( c ) In respect of maritime employment shall involve the denunciation of the Minimum Age (Sea) Convention, 1920, in accordance with Article 10 thereof, and of the Minimum Age (Trimmers and Stokers) Convention, 1921, in accordance with Article 12 thereof, if and when this Convention shall have come into force. Article 11 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 12 1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General. 2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General. 3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 13 1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article. Article 14 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation. 2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force. Article 15 The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 16 At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Article 17 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: (a) The ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 13 above, if and when the new revising Convention shall have come into force; (b) As from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. Article 18 The English and French versions of the text of this Convention are equally authoritative.

1989 International Convention on the rights of children.


Convention on the Rights of the Child (CRC)

Presentation of the Convention on the Rights of the Child The International Convention on the Rights of the Child is a treaty adopted by the United Nations General Assembly in 1989.

The Committee on the rights of the child


The Committee: what it is and how it works Committees role and competences Committees general observations Committees limits Optional Protocols to the Childs Rights Convention

Optional Protocol to the Convention relating to the Rights of the Child, on the involvement of children in armed conflicts, 2000

Optional Protocol to the Childs Rights Convention, concerning the sale of children, child prostitution and child pornography, 2000

Rights of the Child


The meaning of the child and the rights of the children Humanity has to do its best for the child. Declaration of Geneva. Definition of the child Etymologically, the term child comes from the Latin infans which means the one who does not speak . For the Roman, this term designates the child from its birth, up to the age of 7 years. This notion evolved a lot through centuries and cultures to finally designate human being from birth until adulthood. But this conception of the child was wide and the age of the majority varied from a culture to an another. The Convention on the Rights of the Child of 1989 defines more precisely the term child: [...] a child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier The idea, through this definition and all the texts concerning child welfare, is that the child is a human being with rights and dignity. What characterizes the child, it is his youth and vulnerability. Indeed, the child is growing, a future adult, who has no means to protect himself. So, the child has to be the object of a particular interest and a specific protection. In this perspective, texts proclaiming the protection of the child and his rights were adopted.

Definition of the rights of the child


The recognition of the rights of the children Childrens rights were recognised after the 1st World war, with the adoption of the Declaration of Geneva, in 1924. The process of recognition of childrens rights continued thanks to the UN, with the adoption of the Declaration of childrens rights in 1959. The recognition of the childs interest and his rights becomes real on 20 November 1989 with the adoption of the International Convention on the Rights of the Child which is the first international legally binding text recognizing all the fundamental rights of the child. Childrens rights: human rights Childrens rights are human rights. They protect the child as a human being. As human rights, childrens rights are constituted by fundamental guarantees and essential human rights:

Childrens rights recognize fundamental guarantees to all human beings : the right to life, the non-discrimination principle, the right to dignity through the protection of physical and mental integrity (protection against slavery, torture and bad treatments, etc.)

Childrens rights are civil and political rights, such as the right to identity, the right to a nationality, etc.

Childrens rights are economic, social and cultural rights, such as the right to education, the right to a decent standard of living, the right to health, etc.

Childrens rights include individual rights : lthe right to live with his parents, the right to education, the right to benefit from a protection, etc.

Childrens rights include collective rights : rights of refugee and disabled childrens, of minority children or from autochtonous groups.

Childrens rights: rights adapted to children Childrens rights are human rights specifically adapted to the child because they take into account his fragility, specificities and age-appropriate needs. Childrens rights take into account the necessity of development of the child. The children thus have the right to live and to develop suitably physically and intellectually. Childrens rights plan to satisfy the essential needs for a good development of the child, such as the access to an appropriate alimentation, to necessary care, to education, etc. Childrens rights consider the vulnerable character of the child. They imply the necessity to protect them. It means to grant a particular assistance to them, and to give a protection adapted to their age and to their degree of maturity. So, the children have to be helped and supported and must be protected against labour exploitation, kidnapping, and ill-treatment, etc.

The Convention on the Rights of the Child Definition of the Convention


The Convention on the Rights of the Child is part of the legally binding international instruments for the guarantee and the protection of Human Rights. Adopted in 1989, the Conventions objective is to protect the rights of all children in the world. The 1st legally binding text that protects the rights of children The Convention is the first legally binding international instrument of Childrens Rights protection. That means that it establishes an obligatory force to the body of all the rights it stipulates. That implies that the States that ratified the Convention are obligated to respect and to ensure that all rights it establishes in the name of children are respected. The most comprehensive text for the protection of childrens rights This Convention represents the most comprehensive international text that exists in terms of childrens rights protection. Even though other international instruments, such as the International Pacts, the ILO Conventions, and the international adoption Convention guarantee childrens rights, the Convention is the only text to address all aspects of childrens rights. The Convention comprises 54 articles that establish the body of all childrens civil and political rights, as well as their economic, social and cultural rights. It also advocates the protection and promotion of the rights of special needs children, of minority children and of refugee children.

This Convention establishes 4 principles that must govern the implementation of all the rights it advocates:

Non-discrimination Best interest of the child Right to life, survival and development Respect for the views of the child

The Convention was completed in 2000 with two Protocols:

The optional Protocol regarding the involvement of children in armed conflicts ;

The optional Protocol regarding the sale of children, children prostitution and children pornography.

A legally binding instrument endowed with a monitoring mechanism The Convention advocates, in part II, that its implementation be monitored by a committee of experts. It is the Committee on the Rights of the Child which oversees that all participating States respect the Convention as well as the two additional Protocols.

Convention on the Rights of the Child (20 November 1989)


Preamble The States Parties to the present Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, 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 peace in the world, Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity, Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children, Bearing in mind that, as indicated in the Declaration of the Rights of the Child, the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth, Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration,

Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries, Have agreed as follows: PART I Article 1 For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the childs or his or her parents or legal guardians race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the childs parents, legal guardians, or family members. Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision. Article 4 States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation. Article 5 States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention. Article 6 1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of the child. Article 7 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless. Article 8 1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. 2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity. Article 9 1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the childs place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known. 3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the childs best interests. 4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned. Article 10 1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family. 2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to

leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention. Article 11 1. States Parties shall take measures to combat the illicit transfer and nonreturn of children abroad. 2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements. Article 12 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. Article 13 1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the childs choice.

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: a) For respect of the rights or reputations of others; or b)For the protection of national security or of public order (ordre public), or of public health or morals. Article 14 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion. 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. 3. Freedom to manifest ones religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. Article 15 1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. 2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. Article 16

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation. 2. The child has the right to the protection of the law against such interference or attacks. Article 17 States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall: a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29; b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources; c) Encourage the production and dissemination of childrens books; d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous; e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18. Article 18

1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern. 2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children. 3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible. Article 19 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement. Article 20

1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. 2. States Parties shall in accordance with their national laws ensure alternative care for such a child. 3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a childs upbringing and to the childs ethnic, religious, cultural and linguistic background. Article 21 States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall: a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the childs status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary; b)Recognize that inter-country adoption may be considered as an alternative means of childs care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the childs country of origin;

c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption; d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it; e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs. Article 22 1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. 2.For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations cooperating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason , as set forth in the present Convention.

Article 23 1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote selfreliance and facilitate the childs active participation in the community. 2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the childs condition and to the circumstances of the parents or others caring for the child. 3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the childs achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development 4.States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries. Article 24

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services. 2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures: a) To diminish infant and child mortality; b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution; d) To ensure appropriate pre-natal and post-natal health care for mothers; e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents; f) To develop preventive health care, guidance for parents and family planning education and services. 3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children. 4. States Parties undertake to promote and encourage international cooperation with a view to achieving progressively the full realization of the right

recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries. Article 25 States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.

Article 26 1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law. 2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child. Article 27 1. States Parties recognize the right of every child to a standard of living adequate for the childs physical, mental, spiritual, moral and social development. 2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the childs development. 3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others

responsible for the child to implement this right and shall in case of need provide material assistance and support programs, particularly with regard to nutrition, clothing and housing. 4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements. Article 28 1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: a) Make primary education compulsory and available free to all; b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need; c)Make higher education accessible to all on the basis of capacity by every appropriate means; d) Make educational and vocational information and guidance available and accessible to all children; e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the childs human dignity and in conformity with the present Convention. 3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

Article 29 1. States Parties agree that the education of the child shall be directed to: a) The development of the childs personality, talents and mental and physical abilities to their fullest potential; b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; c) The development of respect for the childs parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State. Article 30 In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language. Article 31 1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts. 2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity. Article 32 1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the childs education, or to be harmful to the childs health or physical, mental, spiritual, moral or social development. 2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and

having regard to the relevant provisions of other international instruments, States Parties shall in particular: a) Provide for a minimum age or minimum ages for admission to employment; b) Provide for appropriate regulation of the hours and conditions of employment; c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article. Article 33 States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances. Article 34 States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent: a) The inducement or coercion of a child to engage in any unlawful sexual activity; b) The exploitative use of children in prostitution or other unlawful sexual practices; c) The exploitative use of children in pornographic performances and materials. Article 35

States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form. Article 36 States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the childs welfare. Article 37 States Parties shall ensure that: a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the childs best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or

other competent, independent and impartial authority, and to a prompt decision on any such action. Article 38 1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child. 2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities. 3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavor to give priority to those who are oldest. 4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict. Article 39 States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, selfrespect and dignity of the child. Article 40

1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the childs sense of dignity and worth, which reinforces the childs respect for the human rights and fundamental freedoms of others and which takes into account the childs age and the desirability of promoting the childs reintegration and the childs assuming a constructive role in society. 2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that: a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed; b)Every child alleged as or accused of having infringed the penal law has at least the following guarantees: i) To be presumed innocent until proven guilty according to law; ii)To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence; iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians; iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law; vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used; vii) To have his or her privacy fully respected at all stages of the proceedings. 3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular: a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law; b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. A variety of dispositions, such as care, guidance and supervision orders; counseling; probation; foster care; education and vocational training programs and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence. Article 41 Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in: a) The law of a State party; or b) International law in force for that State. PART II

Article 42 States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike. Article 43 1. For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided. 2. The Committee shall consist of eighteen experts of high moral standing and recognized competence in the field covered by this Convention.1/ The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems. 3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. 4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The SecretaryGeneral shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention.

5.The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. 6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting. 7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee. 8. The Committee shall establish its own rules of procedure. 9. The Committee shall elect its officers for a period of two years. 10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly. 11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.

12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide. Article 44 1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights a) Within two years of the entry into force of the Convention for the State Party concerned; b) Thereafter every five years. 2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfillment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned. 3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided. 4. The Committee may request from States Parties further information relevant to the implementation of the Convention. 5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.

6. States Parties shall make their reports widely available to the public in their own countries. Article 45 In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention: a) The specialized agencies, the United Nations Childrens Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Childrens Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Childrens Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities; b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Childrens Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committees observations and suggestions, if any, on these requests or indications; c) The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child; d) The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be

transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties. PART III Article 46 The present Convention shall be open for signature by all States Article 47 The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 48 The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Article 49 1. The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession. Article 50 1. Any State Party may propose an amendment and file it with the SecretaryGeneral of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the

purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted. Article 51 1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession. 2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted. 3. Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General. Article 52

A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General. Article 53 The Secretary-General of the United Nations is designated as the depositary of the present Convention. Article 54 The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention Note 1 : The General Assembly, in its resolution 50/155 of 21 December 1995 , approved the amendment to article 43, paragraph 2, of the Convention on the Rights of the Child, replacing the word ten with the word eighteen. The amendment entered into force on 18 November 2002 when it had been accepted by a two-thirds majority of the States parties (128 out of 191).

The international Convention relating to the rights of children including its two protocols is representing an enormous advancement towards protecting the rights of the children. A first international text legally persuasive in the field, the convention and its protocols impose obligations on the States which ratified them. Consequently, the states parties are required to respect and to enforce all the methods which dedicate these judicial instruments. This implies that they respect the

rights of the children, particularly across their institutions of protection and maintenance of childhood. They also have to establish a protective border for all children on their territory, being part or not of this jurisdiction. This will assure the respect of all their fundamental rights. In addition, the Convention has a monitoring apparatus, the Committee of the childrens rights, which has the mission to monitor the implementation of these texts by the States parties. Therefore, the States parties must submit periodic reports to the Committee regarding the efforts taken to implement and provide the texts, as well as on the current situation and rights of the child in their country. In concern for respecting the rights of the children while being transparent of the situation of the States, the committee examined in parallel the national reports and the reports transmitted by the national NGOs. The recognition of children as subjects of rights The Convention concerning the rights of the child is the first international recognition that children are subjects of law and people with freedoms. Until then, the principal documents protecting the rights of the child, such as declarations from 1924 and 1959, established rules for the children, but did not recognized them as individuals that were entitled to any rights. The Convention also gives them an active role in determining their well-being and respecting their rights. Undeniably, as subjects of law, children have the right to express their opinion in all decisions affecting them and to participate in choices that concerns their welfare. The interest of the child is no longer only appreciated from an adult point of view, but is coming directly from the standpoint of the child. The Convention

highlights the fact that the welfare of the child can not be achieved without the involvement of the child in question.

Convention on the Rights of the Child (1989) Excerpts


Article 1 For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the childs or his or her parents or legal guardians race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the childs parents, legal guardians, or family members.

Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Article 5 States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention. Article 6 1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child. Article 7 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. Article 9 1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the childs place of residence.

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the childs best interests. Article 11 1. States Parties shall take measures to combat the illicit transfer and nonreturn of children abroad. Article 12 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. Article 13 1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the childs choice. 2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: a) For respect of the rights or reputations of others; or b)For the protection of national security or of public order (ordre public), or of public health or morals.

Article 14 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion. 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. Article 16 1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation. Article 18 1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern. Article 19 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

Article 20

1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. Article 23 1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote selfreliance and facilitate the childs active participation in the community. 2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the childs condition and to the circumstances of the parents or others caring for the child. Article 24 1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services. 3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children. Article 28 1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: a) Make primary education compulsory and available free to all;

2.States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the childs human dignity and in conformity with the present Convention. Article 37 States Parties shall ensure that: a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the childs best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

International Convention on the Rights of the Child Text adapted for children 10 and up
The Convention was adopted by the United Nations (UN) on November 20th, 1989 to protect the rights of children around the world and to better their living conditions. Article 1 Definition of Child The Convention concerns all children. If you are less than 18 years old you are a child, so you are protected by this Convention. Article 2 The right to non-discrimination This convention must be applied to all children without any discrimination: - You have the right to respect for your differences, whether you are a girl or a boy, and whatever may be your state of health, your social or ethnic origin, your language, your religion, your opinions and your nationality. - You have the right to equality, that means that a country must respect and protect your rights in the same way as all other children. Article 3 The right to well-being 1. For all decisions that concern you, your interests must be taken into account. 2. Countries must protect you and assure your well-being if your parents cant do so for you. 3. Countries must assure that all institutions charged with your well-being (school, police,) help and protect you effectively.

Article 4 The right to exercise your rights Countries must put all necessary measures into place to allow you to exercise all the rights recognized as yours by the Convention. Article 5 The right to be guided by your parents Countries must respect the right and the duty of your parents to guide you and counsel you in the exercise of your rights and the development of your abilities. Article 6 The right to life and development 1. Like all children, you have the right to life and to not be killed. 2. Countries must ensure your survival and your proper development in providing you all that you need for your development. Article 7 The right to a name and a nationality 1. From your birth, you have the right to a name, a first name, and a nationality. Having a nationality allows you to be accepted and protected by a country. You also have the right to know your parents and to live with them. 2. If you dont have a nationality, countries still must respect your right to have a name, a first name, and to live with your parents. Article 8 : The right to the protection of your identity 1. Countries must respect your identity. They must help you to not lose your name, your first name, your nationality, and your relationship with your parents. 2. If you are deprived of your identity, countries must protect you and help you get it back as soon as possible.

Article 9 The right to live with your parents 1. You have the right to live with your parents, except when it is against your interest and your well-being (if you are a victim of abuse or negligence, etc.) 2. If your parents separate, you have the right to give your opinion about the decisions concerning you at the time of their separation. 3. If you are separated from your parents, you have the right to see them regularly, except when it is against your interest and well-being. 4. You have the right to know where your parents are, (if they are in prison, for example) except when it is against your interest and well-being. Article 10 The right to find your family again 1. If you are in a different country than your parents, you have the right to leave a country and to enter another to find your parents again. Your parents have the same right. 2. If you live in a different country than your parents, you have the right to rejoin them. Article 11 Protection from being abducted and moved to a different country. 1. Countries must protect you from the risks of abduction and being moved to a different country. 2. In case of abduction, to assure your return to your parents, countries must cooperate and work together. Article 12 : The right to freedom of opinion

1. As soon as you are old enough to have your own opinion, you have the right to give your opinion about all decisions concerning you. Adults have the duty to take your opinion into account. 2. Countries must ensure that your opinion is taken into account for all important decisions concerning you (decision before a judge,..). Article 13 The right to freedom of expression 1. You have the right to freely express your opinion. You also have the right to research and receive information and to retransmit it. 2. Your freedom of expression has certain limits: a. You must respect the rights and reputation of others; b. You cannot put society in danger. Article 14 The right to freedom of thought, conscience, and religion 1. You have the right to freedom of thought and of conscience, and you can practice a religion. 2. Your parents have the right and the duty to guide you in the exercise of this right, according to your age and your abilities. 3. Your freedom to practice a religion and to express your convictions (what you think) has limits: a. You must respect the freedoms and rights of others; b. You cannot put society in danger. Article 15 The right to freedom of association 1. You have the right to create groups with other children or adults and to participate in meetings on subjects or activities that interest you. 2. Your freedom to have meetings has limits:

a. You must respect the freedoms and rights of others; b. You cannot put society in danger.

Article 16 The right to the protection of your privacy 1. No one has the right to intervene, without a legal reason, in your privacy, that means your life with your parents and your private life. Your house, your mail, as well as your honour and your reputation make up your privacy and are equally protected. 2. Countries must create laws that will protect all aspects of your privacy. Article 17 The right to be informed You have the right to receive information (through the media) that is diverse and fair: a. Countries must make sure that the media (the radio, T.V., newspapers,) provide children with useful information; b. They must favor knowledge development and understanding of other cultures; c. They must encourage the production of books for children; d. They must encourage the media to take into consideration the culture and language of children coming from minorities; e. Countries must protect you against any information that could go against your welfare and well-being. Article 18 Your parents duties 1. Your parents must bring you up and look after your proper development.

2. Countries must help your parents in this task by creating institutions and services whose job is to look after your welfare and well-being. 3. If both of your parents work, countries must help them take on this responsibility. Article 19 The right to be protected against ill-treatment 1. Countries must protect you against any kind of ill-treatment, whether you are under your parents care or that of someone else. You have the right to be protected against violence, abandonment, neglect, exploitation and sexual violence. 2. Countries must ensure that you never suffer from ill-treatment. But if that should happen to you, they will have to take care of you. Article 20 The right to be protected even if you have no family 1. If you no longer have a family, your country must protect you and look after you. 2. It will make sure people look after you and you are not alone. 3. Those who protect you will have to take into consideration your past and your culture. Article 21 The right to be adopted Your adoption will only be allowed if it favors your well-being. a. It must be accepted and allowed by those who look after you. b. You can be adopted into a country other than yours if that is the best solution for you. c. If you are adopted into another country, you will have to have the same rights as if you had been adopted in your country of birth.

d. Your adoption must never be a way to earn money for those who will adopt you. e. Countries will work together so that your adoption is supervised by competent and responsible institutions. Article 22 The rights of a child refugee 1. If you are forced to leave your country, you will have the right to be considered a refugee. You will be protected by International Law (laws that are shared by every country) and by this Convention, whether you are alone, with your parents or with other adults. 2. Countries and international organizations will have to help you and look after you. They will have to help you find your parents and your family. If your family is not found, others will look after you and you will not be left alone. Article 23 The rights of a handicapped child 1. If you are handicapped, you have the right to lead the best possible life. You have the right to be shown respect for yourself and your dignity. You have the right to be treated like any other child in order to help you become as autonomous as possible and take part in the life of your community. 2. Countries must acknowledge the right of handicapped children to be given special treatment that is essential to their well-being. 3. Countries must therefore give additional help to your parents. This help will, if necessary, be provided freely to ensure you have the right to education, training, health, therapy, employment, leisure activities, social integration and personal development. 4. Countries will work together and exchange any and all useful information to help handicapped children. Developing countries will receive additional help. Article 24 The right to health and medical attention

1. Countries must allow you to be in good health by providing you with all necessary treatments. 2. Countries must work first and foremost on: a. Reducing the number of child deaths; b. Improving basic treatments for all children; c. Developing preventive treatments (vaccines, etc.) and fighting malnutrition (problems resulting from the lack of a balanced diet); d. Developing help measures for mothers before and after their baby is born; e. Developing information access on health, nutrition and hygiene; f. Improving family planning (that is, any means that can help parents choose the time when they will have a child) 3. Countries will put an end to traditional practices that are dangerous for a childs health. Article 25 The right to have your placement studied again If your country has placed you in a center to receive health care, you have the right to have your situation regularly examined to find out whether you still need the treatments being provided. Article 26 The right to social security 1. You have the right to benefit from social security. It is a national system that gives you access to essential needs (health, education, food, etc.) 2. Countries must help you depending on your situation and that of those taking care of you. Article 27 The right to have a good standard of living

1. You have the right to a good standard of living that allows you to develop normally. 2. Your parents are responsible for your development. 3. If necessary, countries will have to help your parents, particularly to provide you with food, clothes and shelter. 4. If you have the right to an alimony, countries will make sure that you get it and that this right is respected wherever you are. Article 28 The right to education 1. Countries acknowledge that you have the right to education like any other child: a. You have the right to go to primary school for free. Primary school is compulsory; b. You have the right to go to secondary school. Secondary school must be free or help must be given to allow you to attend school; c. You have the right to tertiary education; d. You have the right to educational and vocational information and guidance; e. Countries must do all they can to encourage you to go to school. 2. School discipline must respect your rights and dignity. 3. States must work together to fight ignorance and illiteracy (which means not knowing how to read and write) throughout the world and to improve access to scientific and technical knowledge. Developing countries must be helped. Article 29 The goals of your education The goal of your education is:

a. To promote your personal growth and develop your abilities; b. To teach you to respect the rights of others and their fundamental freedoms; c. To teach you to respect your native culture and the country where you live; d. To prepare you to take on responsibilities in a free society, in the spirit of understanding, peace, tolerance, equality and friendship for all; e. To teach you to respect your natural surroundings. Article 30 Childrens rights for minorities and indigenous groups (*) If you belong to an ethnic, religious, or linguistic minority, you too have the right to your cultural life, to practice your religion and to speak the language of your group. (*) Indigenous groups are people who have lived in a particular region since ancestral times and who live in harmony with nature. Article 31 The right to Free Time 1. You have the right to rest, to free time, to games and recreational activities. You also have the right to participate in artistic and cultural activities for your age group. 2. Your country must protect your right to free time and promote the development of this right. Article 32 The right to protection from exploitation 1. Your country must protect you from exploitation, meaning being forced to work. You cannot do any dangerous work or any work that is considered bad for your health, your development or your education. 2. Your country must take all possible measures to protect you from exploitation, including:

a. They must set a minimum age under which you are not allowed to work; b. They must set rules concerning hours and conditions for working; c. They must punish anyone who does not respect these rules. Article 33 The right to protection from drugs Your country must take all necessary measures to protect you from drugs. They must also keep you from being used for or involved in the production and trafficking of drugs. Article 34 The right to protection from sexual abuse Your country must protect you from all forms of sexual abuse or violence. Countries will work together to establish necessary measures to: a. Prevent anyone from encouraging or forcing you to do illegal sexual activities b. Prevent you from being used for prostitution ; c. Prevent you from being exploited for pornographic productions (photos or films). Article 35 The right to protection from trafficking Your country must protect you from being sold or abducted. Article 36 The right to protection from any other form of exploitation Your country must protect you from any other form of exploitation that is bad for your well being. Article 37 The right to protection from torture and being held captive

1. Your country must assure that: a. You are not subjected to torture or any other cruel or degrading punishment. You cannot be sentenced to the death penalty or life in prison. b. You cannot be arbitrarily arrested, meaning arrested without a real reason. Your arrest and your imprisonment must be the last possible solution. c. If you are being held, you must be treated humanely and with dignity and you may not be imprisoned with adults. Your needs (according to your age) must be taken into account and you will have the right to stay in touch with your family. d. If you are being held, you have access to different forms of help. You have the right to challenge the reason that you are in prison before a fair jury, which will give a verdict as quickly as possible. Article 38 The right to protection from violent conflict 1. In case of violent conflict, your country must protect you while respecting the international human rights law (the law that controls armed conflicts) 2. If you are younger than 15 years old, your country must prevent you from participating directly in combat. 3. If you are younger than 15 years old, you may not be recruited into an army. If you are between 15 and 18 years old, countries may include you in an armed force, but they must first select older people. 4. If you are involved in an armed conflict, countries must protect you and care for you. Article 39 The right to readjustment and rehabilitation

If you have been the victim of negligence, exploitation, torture or any other form of cruel treatment, countries must help you recover and get your life back to normal. Article 40 Justice and the rights of minors 1. If you are suspected or found guilty of having committed a crime, countries must respect your fundamental rights. Your age must be taken into account and everything must be done so that you can rejoin society in a good condition. 2. Your country must assure that : a. You are not falsely accused ; b. You are assured of these rights : - You are innocent until proven guilty; - You are informed quickly regarding the reason for your accusation ; - You have a fair and just trial (meaning a trial in front of a fair jury) that takes into account your age and well being ; - You are not forced to confess guilt ; - You can appeal your verdict, meaning you have the right to request that your first verdict be reviewed. - You can have the help of a lawyer - You can also be assisted by an interpreter if you do not speak the language. - Your life and privacy must be respected during the entire process. 3. Your country must adopt laws specifically for your age group : a. They must define the age under which it is considered impossible to break the law.

b. They must take measures as much as possible to take care of you without having to legally intervene. 4. Your country must organize a system of development and education in relation to your living situation and the crime you have committed to assure your wellbeing.

Article 41 The right to the highest protection If the law in the country where you live is more favorable than this Conventions, your countrys law must be applied. Article 42 Spreading your rights Your country must make this Convention known to adults and children alike.

Adoption of the Convention


On the 20 November 1989, on behalf of the Social and voluntary Commission, the General meeting of the United Nations adopts the Convention on the Rights of the Child and opens it with the signature, the ratification and the States admission. The text of the Convention (54 articles) was adopted in New York, by acclamation (without vote), unanimously of the member States of the United Nations, in resolution 44/25. The year 1989 is symbolic because it is the year of the 30 anniversary of the Children Rights Declaration and the 10 anniversary of the international year of children.

The text of the Convention of 1989 goes further than the Declaration of 1959 : it includes new rights and recognizes for the first time the Children as subject to rights. The Convention on the Rights of the Child Signatory States and Parties to the Convention The Convention on the Rights of the Child took effect on September 7, 1990, when 20 countries, all of them members of the United Nations, ratified it. No other international treaty on human rights has provoked such a consensus on the part of governments. In reality, only three countries have not ratified the Convention: the United States, Somalia and South Soudan. This means that of the 195 sovereign and independent states represented by the United Nations, 192 member nations (the Cook Islands, Niue Island and the Vatican are not members) signed the Convention and only two have not ratified it. The case of the United States of America Despite having signed the Convention on the Rights of the Child on February 16, 1995, the United States remains unbound by it to this day. If the United States has not ratified the Convention, this would be due to the fact that certain individual states wish to be able to execute minors. Until 2005, the Supreme Court of the United States held that it was constitutional for state governments to execute children. The case of Somalia The case of Somalia is very different. If Somalia has yet to ratify the Convention, this is on account of that countrys political instability and, thus, of the absence of solid administrative and political structures capable of

undertaking such an engagement in a representative manner for the whole nation. Somalia did, however, sign the Convention on May 9, 2002. The case of South Sudan Since July 9th 2011, South Sudan has become the 193th State. Newly constituted, it has not signed or ratified the Convention.

Committee on the Rights of the Child What it is and how it works The Committee for the Rights of the Child is the body which supervises the implementation of the Convention on the Rights of the Child. The Committee was created by the Convention on February 27th, 1991. Creation of the Committee When the Convention was ratified in the 80s, Poland proposed to implement a supervision mechanism that would require each country to submit some regular reports to the United Nations Economic and Social Council. This proposal was not accepted, but discussions started on the role of the Committee for the Rights of the Child. The Convention was thus completed by three articles, which include the creation, the composition, the functioning, and the role of the Committee. The elections of the Committee members began when the Convention was ratified on November 20th, 1989. The representatives of each member state of the Convention are called together to elect the members of the Committee for the Rights of the Child. The Committee was created and came into force on February 27th, 1991.

Composition and functioning of the Committee Article 43 of the International Convention on the Rights of the Child provides the composition and the functioning of the Committee on the Rights of the Child. The Committee is an independent and international body which supervises the application of the Convention on the Rights of the Child by the member states. It is made up of 18 self-employed experts on childrens rights, with high moral standards. Three annual three-week sessions are being held by the Committee in Geneva (in January, May, and September). The Committee supervises the enforcement of the Convention by assisting states in its implementation, by cooperating with other bodies of the United Nations and with non-government organisations, and by spreading wide information about the rights of the child. The Committee on the Rights of the Child Role and competence Study of reports and communications The role of the Committee is to ensure respect and implementation of the Convention on the Rights of the Child. To ensure the implementation of the Convention, the Committee on the Rights of the Child has several functions. Review of State Reports Under Article 44 of the Convention on the Rights of the Child, the Committee studies reports which must be submitted by States. In fact, States are requested to provide an initial report on the situation of the Rights of the Child in their territory two years after acceding to the Convention. They must then present the Committee regular reports every five

years on the evolution of the situation of the Rights of the Child and efforts of implementation of the Convention in their legislation. To guide the States parties in the presentation and writing of their report, the Committee adopted guidelines during its first session in October 1991. According to these guidelines reports must indicate, on the one hand, factors and difficulties confronted by the State in the implementation of the Convention, and on the other hand, specific priorities and objectives that States set out to achieve. During these sessions, the Committee reviews the regular reports and then discusses on camera, (in private), with the representatives of States, to understand the reasons for the States weaknesses and make suggestions to help them fulfill their commitments. A real dialogue is established between the Committee and the States that encounter difficulties in the implementation of the Convention. At the same time, the Committee can receive NGO reports that it will examine and compare with State reports. At the following session, States that have encountered difficulties are the object of particular attention. They must present a new overview of their national situation, as well as the measures that have been adopted to solve the problems of implementation of the Convention. At the end of the discussions with the States and NGOs concerned, the Committee publishes a final Observation, (that summarizes the situation and discussions), that will have to be made public by the State in its country. In 2000, the Committees competence in terms of control enlarged with the adoption of two protocols associated with the Convention :

The optional protocol to the Convention on the Rights of the Child, concerning the involvement of children in armed conflicts;

The optional protocol to the Convention on the Rights of the Child, concerning the sale of children, child prostitution and child pornography.

States that have ratified these protocols must provide supplementary reports about the national situation and efforts of implementing these texts.

The examination of communications State communications The Committee on the Rights of the Child (CRC) is competent to receive communications formulated by States parties on the alleged violations of the Convention by other States parties. Therefore, the Committee is not competent to impose sanctions on a State when the violation of one of the Rights of the Child has been demonstrated. It is simply going to establish a constructive dialogue with the State concerned to find a rapid and efficient solution. Individual communications The Committee has no competence to deal with communications coming from individuals, in other words from persons, (the representatives of a child), claiming the violation of a right of the Convention by a State party. Therefore, for the children who are victims of the violation of their rights, representatives can use mechanisms set up by other international instruments that protect human rights. Can examine, in certain circumstances, complaints concerning the violation of the Rights of the Child :

The Human Rights Committee that protects the implementation of the international Covenant on Civil and Political Rights of 1966. An individual communication will be possible, if the State in question is a party to the protocol creating this Committee.

The Committee against Torture can study individual communications on the States parties that have accepted the competence of the Committee, in accordance with Article 22 of the Convention against Cruel, Inhuman or Degrading torture and/or Punishment of 1984.

The Committee On the Elimination of Racial Discrimination protects the implementation of the Convention on the Elimination of Racial Discrimination of 1965. Individuals communications are possible against the States that have accepted the competence of the Committee under article 14.

The Committee on the Elimination of Discrimination against Women monitors the application of the, Convention on the Elimination of Discrimination against Women of 1979. Individual communications are possible against the States party to the Optional Protocol to the Convention on the Elimination of the Discrimination against Women.

The Committee on the Right of Persons with Disabilities can review individual communications on the States to Optional Protocol to the Convention on the Right of Persons with disabilities of 2006.

The Committee on the Rights of the Child


Role and competence General Observations and Days of General Debate Beyond the examination of the reports and communications of States, the Committee on the rights of the child publishes General Observations and organizes Days of General Debate. General Observations The Committee on the rights of the child formulates interpretations on certain dispositions of the Convention on the Rights of the Child, to explain the focus of certain rights and thus to guide the States in their implementation. These interpretations are published under the form of General Observations. At the present time the Committee has published 12 General Observations:

2001 : General observation n 1 The goals of education 2002 : General observation n 2 The role of the independent national institutions of defense of human rights

2003 : General observation n 3 HIV/AIDS and the rights of the child

2003 : General observation n 4 Health and development of the adolescent

2003 : General observation n 5 General measure of implementation of the Convention relating to the rights of the child

2005 : General observation n 6 Treatment of the non-accompanied children and children separated outside of their country of origin

2005 : General observation n 7 Implementation of the rights of the child in early childhood

2005 : General observation n 8 The right of the child to a protection against physical punishments and other forms of cruel or degrading punishments

2006 : General observation n 9 The rights of special needs children 2007 : General observation n 10 The rights of the child in the justice system for minors

2009 : General observation n 11 Indigenous children and their rights by virtue of the Convention

2009 : General observation n 12 The right of the child to be heard

Days of General Debate Since 1992, the Committee of the rights of the child holds a day of general debate each year. The objective of that day is to favor better comprehension of the content and issues of the Convention with regard to certain dispositions or certain specific themes.

During that day, public debates are organized with all the representatives, active in the promotion and the protection of the rights of the child participating. Invited are representatives of governments, of non-governmental

organizations, of mechanisms of the United Nations relating to human rights and of specialized departments of the United Nations, as well as experts. At the end of that day, the Committee adopts a recommendation that summarizes the body of the questions raised and the answers discussed (2).

The Childrens Rights Committee


Committee limits Since its creation, February 27th, 1991, the Committee of the Rights of the child supervises the application of the Convention on the Rights of the child on all of the countries which ratified it. Furthermore, the competence of this committee is still limited and does not always allow an effective application of the Convention. The lack of exchange between the Committee and the other institutions The committee of the Rights of the Child ensures itself of the respect of the Convention and one of the two optional protocols through different action axes and monitoring. The Committee holds in fact 3 sessions per year during which its members study the periodic reports of the United States and also National NGOs main roads. It also elaborates reports and general observations which make it possible to define some rights devoted by the Convention.

The Commitee maintains as well as possible to guarantee the respect of the rights devoted by the Convention. Nevertheless, its actions are held back because of the limited collaboration with the other institutions specialized in the Rights of the Child. In fact, these institutions do not participate in the work of the Commitee and, therefore, cannot bring any contribution. The Commitee does collaborate a little with UNICEF and the other bodies of United Nations. The whole of the exchanges are done via the Economical and Social Council of United Nations.

Also, the direct absence of exchange between the Commitee and these institutions breaks the co-operation possibilities and common actions which would create more effective results. The Commitee cannot be seized by individuals. The Commitee of the rights of the child is not qualified to examine individual complaints. It is only qualified to receive official communications. Every child who is the victim of the violation of his rights, can not directly turn to the Commitee of the Rights of the Child. Face with an individual communication, the Commitee can only turn the applicants towards the court of jurisdiction and provide them with necessary information for recourse, legal or not-legal. It transfers the individual complaint to other mecanisms of monitoring of legal instruments. The management role of the Convention is limited because the Commitee can not help the children directly when they are victims of the violation of their rights.

The Commitee does not have constraining capacity. The Commitee of childrens rights is not invested with constraining capacities which would ensure an effective protection of childrens rights. It does not have the possibility of making constraining decisions or sanctions in the case of rights violations. The Commitees lack of capacity to impose sanctions, prevents it from being able to put an end to certain childrens rights violations.

The Commitees decisions do not have a constraining value for the States which are not held to them in practice. The examination of reports does not guarantee a concrete and respectful progression of childrens rights in the States. Furthermore, when the Commitee examines the allegations of violations of childrens rights of one State against another State, if the violations are proven, the Commitee is not qualified to take measures of sanction which would put an end to the violation. The only strength of the Commitee, against the States which do not respect the rights, is the publication of reports denouncing publicly the violations made by the States. Thus, the power of the Commitee depends mainly on the goodwill of the States. As well as their co-operation and their good faith in the application of Convention. It does not have any means of forcing the States with respect to its decisions.

Convention 182 on The Worst Forms of Child Labour, 1999


Presentation of the Convention Convention 182 was introduced by the International Labour

Organisation (ILO) and unanimously adopted by the organisations members on 17 June 1999 in Geneva. The origins of Convention 182 According to ILO estimates, more than 250 million children between the ages of 5 and 14 are forced to work to survive and provide for their families. More than 70% work in dangerous conditions. What is more, these statistics do not take into account the invisible child workers, of which there are a million, hidden by their employers and subject to working conditions verging on slavery. This alarming situation drove the ILO to introduce a new convention and a series of action plans aimed at eliminating the worst forms of child labour.

Convention 182 on the Worst Forms of Child Labour and Recommendation R 190 on the immediate action needed to eliminate it were unanimously adopted by the ILO Member States on 17 June 1999 before coming into effect on 19 November 2000. Content of the Convention Convention 182 outlines the 5 worst forms of labour that must be eradicated in order to step up the fight against child labour. They are as follows:

Slavery or similar practices, such as the sale or trade of children or the use of children in debt bondage or serfdom;

Obligatory or forced work, including the compulsory recruitment of children for use in armed conflicts;

The recruitment, use or offer of a child for involvement in prostitution, pornographic material or pornographic shows;

The use, recruitment or offer of a child for illicit activities, notably in the production or trafficking of drugs, as defined in the specific international treaties;

Work which, by its very nature or the conditions in which it is undertaken, is likely to jeopardize the health, safety or morality of children.

The International Program on the Elimination of Child Labour (IPEC), created by the ILO in 1992, supports the State members in implementing the necessary measures to eliminate these worst forms of work. The IPEC equally outlines child labour violation cases where support can be given to child victims and tailored solutions provided to each situation.

Worst Forms of Child Labour Convention, 1999 (No. 182)


Preamble The General Conference of the International Labour Organization , Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 87th Session on 1 June 1999, and Considering the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour, as the main priority for national and international action, including international cooperation and assistance, to complement the Convention and the Recommendation concerning Minimum Age for Admission to Employment, 1973, which remain fundamental instruments on child labour, and Considering that the effective elimination of the worst forms of child labour requires immediate and comprehensive action, taking into account the importance of free basic education and the need to remove the children concerned from all such work and to provide for their rehabilitation and social integration while addressing the needs of their families, and

Recalling the resolution concerning the elimination of child labour adopted by the International Labour Conference at its 83rd Session in 1996, and Recognizing that child labour is to a great extent caused by poverty and that the long-term solution lies in sustained economic growth leading to social progress, in particular poverty alleviation and universal education, and Recalling the Convention on the Rights of the Child adopted by the United Nations General Assembly on 20 November 1989, and Recalling the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, and Recalling that some of the worst forms of child labour are covered by other international instruments, in particular the Forced Labour Convention, 1930, and the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956, and Having decided upon the adoption of certain proposals with regard to child labour, which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention, Adopts this seventeenth day of June of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Worst Forms of Child Labour Convention, 1999. Article 1 Each Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Article 2

For the purposes of this Convention, the term child shall apply to all persons under the age of 18. Article 3 For the purposes of this Convention, the term the worst forms of child labour comprises: ( a ) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; ( b ) The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; ( c ) The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; ( d ) Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. Article 4 1. The types of work referred to under Article 3( d ) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999. 2. The competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work so determined exist.

3. The list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned.

Article 5 Each Member shall, after consultation with employers and workers organizations, establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to this Convention. Article 6 1. Each Member shall design and implement programmes of action to eliminate as a priority the worst forms of child labour. 2. Such programmes of action shall be designed and implemented in consultation with relevant government institutions and employers and workers organizations, taking into consideration the views of other concerned groups as appropriate. Article 7 1. Each Member shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or, as appropriate, other sanctions. 2. Each Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to: ( a ) Prevent the engagement of children in the worst forms of child labour;

( b ) Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; ( c ) Ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; ( d ) Identify and reach out to children at special risk; and ( e ) Take account of the special situation of girls. 3. Each Member shall designate the competent authority responsible for the implementation of the provisions giving effect to this Convention. Article 8 Members shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education. Article 9 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 10 1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General of the International Labour Office. 2. It shall come into force 12 months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member 12 months after the date on which its ratification has been registered. Article 11 1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article. Article 12 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and acts of denunciation communicated by the Members of the Organization. 2. When notifying the Members of the Organization of the registration of the second ratification, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention shall come into force. Article 13 The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the United Nations, full particulars of all

ratifications and acts of denunciation registered by the Director-General in accordance with the provisions of the preceding Articles. Article 14 At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Article 15 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: ( a ) The ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 11 above, if and when the new revising Convention shall have come into force; ( b ) As from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members. 2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention. Article 16 The English and French versions of the text of this Convention are equally authoritative.

Optional Protocol to the Convention relating to the Rights of the Child, on the involvement of children in armed conflicts, 2000
Introduction of the Protocol The optional Protocol on the involvement of children in armed conflicts was adopted on May 25, 2000, in New York, by the General Assembly of the United Nations. The origin of the optional Protocol on the involvement of children in armed conflicts The civil conflicts of the 1990 years, notably in the region of Sub-Saharan Africa (Liberia, Sierra Leone, Rwanda, Burundi, Somalia, etc.) were marked by the massive usage of children in battle by the armed forces. It is a new category of fighters that appear: children-soldiers. Throughout the world, the pictures of these children with weapons of war, were at the origin of a conscious awareness and generated the indignation of the international community that then hastened to react. If the children are the object of a special protection in the Geneva Convention of 1949, the case of children-soldiers was not treated, leaving a legal void in this area.

It is the ILO that will be the first organization to react, in the Convention 182 on the Worse Forms of Children Labor, while defining the recruitment of children in the armed conflicts as one of the worst forms of exploitation. Afterward, the Security Council of the United Nations will adopt several resolutions denouncing children labor in armed conflicts and characterizing these grave acts of violation of human rights (1). The authors of the international Convention relating to the rights of the child of 1989,also evoke this problem in Article 38 of the Convention. Nevertheless, the recruitment of children is not prohibited. The convention simply foresees the possibility to recruit children in armed conflicts, with the only condition that they are more than 15 years old: 2. The participating States take all feasible measures to ensure that no one who is not yet 15 years old does not directly participate in hostilities. 3. The participating States will abstain themselves from enlisting in their armed forces anyone who is not yet 15 years old. When they recruit people older than 15 years but less than 18 years, the participating States will strive to enlist in priority the older ones. (2) Moreover, to compensate for this gap and to rectify this Article, the United Nations decided to adopt an optional Protocol to the Convention, concerning the involvement of children in armed conflicts. The Protocol is adopted May 25, 2000, alongside the optional Protocol concerning the sale of children, the prostitution of children and pornography exhibiting children. This protocol will become legally binding on February 12, 2002. What is in the Protocol The optional Protocol concerning the involvement of children in armed conflicts definitely prohibits the recruitment of children in armed forces.

Henceforth, the States have the obligation and the public responsibility to forbid the enlisting of a person under 18 years old in the war. This protocol reminds you that the children have neither the maturity, nor the necessary physical and mental development to understand the seriousness and the consequences of their enlisting in the armed forces. The protocol condemns the phenomenon of children-soldiers and gives a very wide definition of this expression in order to be able to protect the largest number of children involved in armed conflicts. According to the protocol, a child-soldier can be a sexual or domestic slave, a cook, a sentinel, a minor or mines remover recruited by force or voluntarily.

Optional Protocol to the Convention relating to the Rights of the Child, on the involvement of children in armed conflicts, 2000.
The States Parties to the present Protocol, Encouraged by the overwhelming support for the Convention on the Rights of the Child, demonstrating the widespread commitment that exists to strive for the promotion and protection of the rights of the child, Reaffirming that the rights of children require special protection, and calling for continuous improvement of the situation of children without distinction, as well as for their development and education in conditions of peace and security, Disturbed by the harmful and widespread impact of armed conflict on children and the long-term consequences it has for durable peace, security and development, Condemning the targeting of children in situations of armed conflict and direct attacks on objects protected under international law, including places that generally have a significant presence of children, such as schools and hospitals, Noting the adoption of the Rome Statute of the International Criminal Court, in particular, the inclusion therein as a war crime, of conscripting or enlisting children under the age of 15 years or using them to participate actively in hostilities in both international and non-international armed conflict,

Considering therefore that to strengthen further the implementation of rights recognized in the Convention on the Rights of the Child there is a need to increase the protection of children from involvement in armed conflict, Noting that article 1 of the Convention on the Rights of the Child specifies that, for the purposes of that Convention, a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier, Convinced that an optional protocol to the Convention that raises the age of possible recruitment of persons into armed forces and their participation in hostilities will contribute effectively to the implementation of the principle that the best interests of the child are to be a primary consideration in all actions concerning children, Noting that the twenty-sixth International Conference of the Red Cross and Red Crescent in December 1995 recommended, inter alia, that parties to conflict take every feasible step to ensure that children below the age of 18 years do not take part in hostilities, Welcoming the unanimous adoption, in June 1999, of International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which prohibits, inter alia, forced or compulsory recruitment of children for use in armed conflict, Condemning with the gravest concern the recruitment, training and use within and across national borders of children in hostilities by armed groups distinct from the armed forces of a State, and recognizing the responsibility of those who recruit, train and use children in this regard, Recalling the obligation of each party to an armed conflict to abide by the provisions of international humanitarian law,

Stressing that the present Protocol is without prejudice to the purposes and principles contained in the Charter of the United Nations, including Article 51, and relevant norms of humanitarian law, Bearing in mind that conditions of peace and security based on full respect of the purposes and principles contained in the Charter and observance of applicable human rights instruments are indispensable for the full protection of children, in particular during armed conflict and foreign occupation, Recognizing the special needs of those children who are particularly vulnerable to recruitment or use in hostilities contrary to the present Protocol owing to their economic or social status or gender, Mindful of the necessity of taking into consideration the economic, social and political root causes of the involvement of children in armed conflict, Convinced of the need to strengthen international cooperation in the implementation of the present Protocol, as well as the physical and psychosocial rehabilitation and social reintegration of children who are victims of armed conflict, Encouraging the participation of the community and, in particular, children and child victims in the dissemination of informational and educational programmes concerning the implementation of the Protocol, Have agreed as follows: Article 1 States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities. Article 2

States Parties shall ensure that persons who have not attained the age of 18 years are not compulsorily recruited into their armed forces.

Article 3 1. States Parties shall raise the minimum age for the voluntary recruitment of persons into their national armed forces from that set out in article 38, paragraph 3, of the Convention on the Rights of the Child, taking account of the principles contained in that article and recognizing that under the Convention persons under the age of 18 years are entitled to special protection. 2. Each State Party shall deposit a binding declaration upon ratification of or accession to the present Protocol that sets forth the minimum age at which it will permit voluntary recruitment into its national armed forces and a description of the safeguards it has adopted to ensure that such recruitment is not forced or coerced. 3. States Parties that permit voluntary recruitment into their national armed forces under the age of 18 years shall maintain safeguards to ensure, as a minimum, that: (a) Such recruitment is genuinely voluntary; (b) Such recruitment is carried out with the informed consent of the persons parents or legal guardians; (c) Such persons are fully informed of the duties involved in such military service; (d) Such persons provide reliable proof of age prior to acceptance into national military service.

4. Each State Party may strengthen its declaration at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall inform all States Parties. Such notification shall take effect on the date on which it is received by the Secretary-General. 5. The requirement to raise the age in paragraph 1 of the present article does not apply to schools operated by or under the control of the armed forces of the States Parties, in keeping with articles 28 and 29 of the Convention on the Rights of the Child. Article 4 1. Armed groups that are distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under the age of 18 years. 2. States Parties shall take all feasible measures to prevent such recruitment and use, including the adoption of legal measures necessary to prohibit and criminalize such practices. 3. The application of the present article shall not affect the legal status of any party to an armed conflict. Article 5 Nothing in the present Protocol shall be construed as precluding provisions in the law of a State Party or in international instruments and international humanitarian law that are more conducive to the realization of the rights of the child. Article 6 1. Each State Party shall take all necessary legal, administrative and other measures to ensure the effective implementation and enforcement of the provisions of the present Protocol within its jurisdiction.

2. States Parties undertake to make the principles and provisions of the present Protocol widely known and promoted by appropriate means, to adults and children alike. 3. States Parties shall take all feasible measures to ensure that persons within their jurisdiction recruited or used in hostilities contrary to the present Protocol are demobilized or otherwise released from service. States Parties shall, when necessary, accord to such persons all appropriate assistance for their physical and psychological recovery and their social reintegration. Article 7 1. States Parties shall cooperate in the implementation of the present Protocol, including in the prevention of any activity contrary thereto and in the rehabilitation and social reintegration of persons who are victims of acts contrary thereto, including through technical cooperation and financial assistance. Such assistance and cooperation will be undertaken in consultation with the States Parties concerned and the relevant international organizations. 2. States Parties in a position to do so shall provide such assistance through existing multilateral, bilateral or other programs or, inter alia, through a voluntary fund established in accordance with the rules of the General Assembly. Article 8 1. Each State Party shall, within two years following the entry into force of the present Protocol for that State Party, submit a report to the Committee on the Rights of the Child providing comprehensive information on the measures it has taken to implement the provisions of the Protocol, including the measures taken to implement the provisions on participation and recruitment. 2. Following the submission of the comprehensive report, each State Party shall include in the reports it submits to the Committee on the Rights of the

Child, in accordance with article 44 of the Convention, any further information with respect to the implementation of the Protocol. Other States Parties to the Protocol shall submit a report every five years. 3. The Committee on the Rights of the Child may request from States Parties further information relevant to the implementation of the present Protocol. Article 9 1. The present Protocol is open for signature by any State that is a party to the Convention or has signed it. 2. The present Protocol is subject to ratification and is open to accession by any State. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. 3. The Secretary-General, in his capacity as depositary of the Convention and the Protocol, shall inform all States Parties to the Convention and all States that have signed the Convention of each instrument of declaration pursuant to article 3. Article 10 1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession. 2. For each State ratifying the present Protocol or acceding to it after its entry into force, the Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession. Article 11 1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary- General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all States that have signed the Convention. The denunciation shall take effect one year after

the date of receipt of the notification by the Secretary-General. If, however, on the expiry of that year the denouncing State Party is engaged in armed conflict, the denunciation shall not take effect before the end of the armed conflict. 2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Protocol in regard to any act that occurs prior to the date on which the denunciation becomes effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter that is already under consideration by the Committee on the Rights of the Child prior to the date on which the denunciation becomes effective. Article 12 1. Any State Party may propose an amendment and file it with the SecretaryGeneral of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding on those States Parties that have accepted it, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments they have accepted.

Article 13 1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States Parties to the Convention and all States that have signed the Convention.

Optional child 2000.

Protocol

to and

the child

Childs

Rights

Convention, concerning the sale of children, prostitution pornography,

Presentation of the Protocol On May 25, 2000, the General Assembly of the United Nations adopted the optional Protocol concerning the sale of children, the prostitution of children and pornography involving children. This protocol has been in force since January 18, 2002. The Origins of the Protocol Each year, according to UNICEF, more than a million children, and in particular girls, become involved in the sex industry (prostitution, pornography, etc.). Certain children view this kind of activity as a chance to escape poverty. In reality, they are treading dangerous ground which can have dramatic consequences, for both their physical health and their mental well-being. Others are dragged into this world against their will, kidnapped, sold or adopted for the benefit of networks devoted to prostitution and pornography. It is often very difficult for these children to obtain help because of their invisibility. Without official documents, they are unknown to the authorities and their disappearance passes unperceived.

This problem affects both developed countries and developing countries, and has attracted the attention of international organizations for some years. Thus the OIT is the first to treat this problem by defining, in Convention 182, the use, recruitment and solicitation of children for sexual purposes, as one of the worst forms of work to which children can be subjected, and which governments must eradicate as quickly as possible. However, owing to the size and scope of this phenomenon, which is worsening throughout the world, the United Nations decided to adopt a protocol to the International Convention on Childrens Rights, which specifically addressed childrens involvement in sexually exploitive activities. The optional Protocol concerning the sale of children, child prostitution and child pornography, was adopted on May 25, 2000, at the same time as was the optional Protocol concerning the involvement of children in armed conflicts. This protocol took effect on January 18, 2002. The Content of the Protocol The optional Protocol concerning the sale of children, child prostitution and the pornographic depiction of children, is primarily a juridical tool aimed at defining and prohibiting childrens involvement in prostitution and pornography. These activities are characterized as serious violations of childrens rights and as criminal acts. The protocol is clearly defined : Article 2 To the goals of the present Protocol :

a) By the sale of children, on refers to any act or transaction in which any individual or group of individuals hands a child over to another person or group of persons in exchange for any form of payment whatsoever; b) By child prostitution, one refers to the act of using a child for purposes that are sexually exploitive in exchange for any form of payment whatsoever;

c) By the pornographic depiction of children, one refers to any representation (produced in whatever medium and by whatever means,) of a child engaging in explicit sexual activities (real or simulated) or of a childs sexual organs, for purposes that are primarily sexual. (1) This protocol requires that governments take immediate and radical measures against this plague. In effect, participating governments must do the following three things :

Governments must treat as crimes those actions that meet the definitions in article 2. This means that governments must establish within their internal legal system heavy penalties for the authors of such activities (a minimum of 10 years in prison, etc.)

Governments are held responsible for pursuing the authors of such crimes.

Governments have an obligation to provide assistance. They must come to the aid of child victims and support them until their lives have returned to normal. If the children are on their own, the government must do all that it can to find their family or, failing that, place them in an adoptive family.

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY.
Preamble The States Parties to the present Protocol, Considering that, in order further to achieve the purposes of the Convention on the Rights of the Child and the implementation of its provisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be appropriate to extend the measures that States Parties should undertake in order to guarantee the protection of the child from the sale of children, child prostitution and child pornography, Considering also that the Convention on the Rights of the Child recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the childs education, or to be harmful to the childs health or physical, mental, spiritual, moral or social development, Gravely concerned at the significant and increasing international traffic in children for the purpose of the sale of children, child prostitution and child pornography,

Deeply concerned at the widespread and continuing practice of sex tourism, to which children are especially vulnerable, as it directly promotes the sale of children, child prostitution and child pornography, Recognizing that a number of particularly vulnerable groups, including girl children, are at greater risk of sexual exploitation and that girl children are disproportionately represented among the sexually exploited, Concerned about the growing availability of child pornography on the Internet and other evolving technologies, and recalling the International Conference on Combating Child Pornography on the Internet, held in Vienna in 1999, in particular its conclusion calling for the worldwide criminalization of the production, distribution, exportation, transmission, importation, intentional possession and advertising of child pornography, and stressing the importance of closer cooperation and partnership between Governments and the Internet industry, Believing that the elimination of the sale of children, child prostitution and child pornography will be facilitated by adopting a holistic approach, addressing the contributing factors, including underdevelopment, poverty, economic disparities, inequitable socio-economic structure, dysfunctioning families, lack of education, urban-rural migration, gender discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed conflicts and trafficking in children, Believing also that efforts to raise public awareness are needed to reduce consumer demand for the sale of children, child prostitution and child pornography, and believing further in the importance of strengthening global partnership among all actors and of improving law enforcement at the national level, Noting the provisions of international legal instruments relevant to the protection of children, including the Hague Convention on Protection of

Children and Cooperation in Respect of Intercountry Adoption, the Hague Convention on the Civil Aspects of International Child Abduction, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, and International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, Encouraged by the overwhelming support for the Convention on the Rights of the Child, demonstrating the widespread commitment that exists for the promotion and protection of the rights of the child, Recognizing the importance of the implementation of the provisions of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and the Declaration and Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm from 27 to 31 August 1996, and the other relevant decisions and recommendations of pertinent international bodies, Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Have agreed as follows: Article 1 States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the present Protocol. Article 2 For the purposes of the present Protocol: (a) Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration;

(b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration; (c) Child pornography means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes. Article 3 1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether such offences are committed domestically or transnationally or on an individual or organized basis: (a) In the context of sale of children as defined in article 2: (i) Offering, delivering or accepting, by whatever means, a child for the purpose of: a. Sexual exploitation of the child; b. Transfer of organs of the child for profit; c. Engagement of the child in forced labour; (ii) Improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption; (b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2; (c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes child pornography as defined in article 2.

2. Subject to the provisions of the national law of a State Party, the same shall apply to an attempt to commit any of the said acts and to complicity or participation in any of the said acts. 3. Each State Party shall make such offences punishable by appropriate penalties that take into account their grave nature. 4. Subject to the provisions of its national law, each State Party shall take measures, where appropriate, to establish the liability of legal persons for offences established in paragraph 1 of the present article. Subject to the legal principles of the State Party, such liability of legal persons may be criminal, civil or administrative. 5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in conformity with applicable international legal instruments. Article 4 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, when the offences are commited in its territory or on board a ship or aircraft registered in that State. 2. Each State Party may take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, in the following cases: (a) When the alleged offender is a national of that State or a person who has his habitual residence in its territory; (b) When the victim is a national of that State. 3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the aforementioned offences when the alleged

offender is present in its territory and it does not extradite him or her to another State Party on the ground that the offence has been committed by one of its nationals. 4. The present Protocol does not exclude any criminal jurisdiction exercised in accordance with internal law. Article 5 1. The offences referred to in article 3, paragraph 1, shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties and shall be included as extraditable offences in every extradition treaty subsequently concluded between them, in accordance with the conditions set forth in such treaties. 2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider the present Protocol to be a legal basis for extradition in respect of such offences. Extradition shall be subject to the conditions provided by the law of the requested State. 3. States Parties that do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State. 4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 4. 5. If an extradition request is made with respect to an offence described in article 3, paragraph 1, and the requested State Party does not or will not extradite on the basis of the nationality of the offender, that State shall take

suitable measures to submit the case to its competent authorities for the purpose of prosecution. Article 6 1. States Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in article 3, paragraph 1, including assistance in obtaining evidence at their disposal necessary for the proceedings. 2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law. Article 7 States Parties shall, subject to the provisions of their national law: (a) Take measures to provide for the seizure and confiscation, as appropriate, of: (i) Goods, such as materials, assets and other instrumentalities used to commit or facilitate offences under the present protocol; (ii) Proceeds derived from such offences; (b) Execute requests from another State Party for seizure or confiscation of goods or proceeds referred to in subparagraph (a); (c) Take measures aimed at closing, on a temporary or definitive basis, premises used to commit such offences. Article 8

1. States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: (a) Recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including their special needs as witnesses; (b) Informing child victims of their rights, their role and the scope, timing and progress of the proceedings and of the disposition of their cases; (c) Allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national law; (d) Providing appropriate support services to child victims throughout the legal process; (e) Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims; (f) Providing, in appropriate cases, for the safety of child victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation; (g) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting compensation to child victims. 2. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim.

3. States Parties shall ensure that, in the treatment by the criminal justice system of children who are victims of the offences described in the present Protocol, the best interest of the child shall be a primary consideration. 4. States Parties shall take measures to ensure appropriate training, in particular legal and psychological training, for the persons who work with victims of the offences prohibited under the present Protocol. 5. States Parties shall, in appropriate cases, adopt measures in order to protect the safety and integrity of those persons and/or organizations involved in the prevention and/or protection and rehabilitation of victims of such offences. 6. Nothing in the present article shall be construed to be prejudicial to or inconsistent with the rights of the accused to a fair and impartial trial. Article 9 1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programs to prevent the offences referred to in the present Protocol. Particular attention shall be given to protect children who are especially vulnerable to such practices. 2. States Parties shall promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such information and education and training programs, including at the international level. 3. States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to victims of such offences, including their full social reintegration and their full physical and psychological recovery.

4. States Parties shall ensure that all child victims of the offences described in the present Protocol have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible. 5. States Parties shall take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol.

Article 10 1. States Parties shall take all necessary steps to strengthen international cooperation by multilateral, regional and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism. States Parties shall also promote international cooperation and coordination between their authorities, national and international non-governmental organizations and international organizations. 2. States Parties shall promote international cooperation to assist child victims in their physical and psychological recovery, social reintegration and repatriation. 3. States Parties shall promote the strengthening of international cooperation in order to address the root causes, such as poverty and underdevelopment, contributing to the vulnerability of children to the sale of children, child prostitution, child pornography and child sex tourism. 4. States Parties in a position to do so shall provide financial, technical or other assistance through existing multilateral, regional, bilateral or other programs. Article 11

Nothing in the present Protocol shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in: (a) The law of a State Party; (b) International law in force for that State.

Article 12 1. Each State Party shall, within two years following the entry into force of the present Protocol for that State Party, submit a report to the Committee on the Rights of the Child providing comprehensive information on the measures it has taken to implement the provisions of the Protocol. 2. Following the submission of the comprehensive report, each State Party shall include in the reports they submit to the Committee on the Rights of the Child, in accordance with article 44 of the Convention, any further information with respect to the implementation of the present Protocol. Other States Parties to the Protocol shall submit a report every five years. 3. The Committee on the Rights of the Child may request from States Parties further information relevant to the implementation of the present Protocol. Article 13 1. The present Protocol is open for signature by any State that is a party to the Convention or has signed it. 2. The present Protocol is subject to ratification and is open to accession by any State that is a party to the Convention or has signed it. Instruments of

ratification or accession shall be deposited with the Secretary- General of the United Nations. Article 14 1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession. 2. For each State ratifying the present Protocol or acceding to it after its entry into force, the Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession.

Article 15 1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary- General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all States that have signed the Convention. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. 2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Protocol in regard to any offence that occurs prior to the date on which the denunciation becomes effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter that is already under consideration by the Committee on the Rights of the Child prior to the date on which the denunciation becomes effective. Article 16 1. Any State Party may propose an amendment and file it with the SecretaryGeneral of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties with a request that

they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding on those States Parties that have accepted it, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments they have accepted. Article 17 1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States Parties to the Convention and all States that have signed the Convention.

How Human Rights Treaty Ensures Protection of Human Rights

CHAPTER-IV THEIR APPLICATIONS IN INDIA.


Realizing Childrens Rights in IndIa

1. State of children Main problems faced by children in India : Poverty Since 1991, India has experienced strong economic growth. This often spectacular development offers hints of new hopes relating to human rights and social development. However, a large part of the population still lives in great poverty. India is strongly characterized by inequalities between different regions and groups of populations. Children are most affected by this poverty and social inequality. Right to Life In India, life, survival, and child development remain areas of concern. Thousands of children lose their lives each day, not only because of poverty, but also because female infanticides are practiced with impunity. The main threat to Indian childrens right to life stems from these female infanticides, a cultural practice that persists. In fact, each day, thousands of small Indian girls either die before being born or lose their lives because they are not desired or accepted by their family. To deal with this problem, many Indian families turn to selective abortion of the female fetus (feticide). Even more alarming, when the birth of the child is unavoidable, families kill the babies by drowning, poison, suffocation, or

deliberate negligence leading to the death of the child. The reality is even more frightening : millions of cases of selective abortion will not be counted by the Indian government. Every minute, 9 abortions of female fetuses take place in India Right to Health In India, more than 2 million children die each year. It is estimated that more than 20% of child deaths less than five years old take place in this country. Women and children are mostly on the fringe of the Indian health system. Disadvantaged children suffer from sicknesses and handicaps linked to polluted drinking water, the absence of adequate sanitation, and from malnutrition which is responsible for 50% of infant death in India. Furthermore, maternal health is not sufficiently covered. Only 1 in 3 Indian women benefit from regular monitoring of their pregnancy. In rural areas, barely 37% of births are assisted by qualified health personnel. Right to Water India must deal with two problems : it must respond to the needs of the population for clean water, necessary for consumption and agriculture; and it must struggle against the spread of diseases caused by the absence of sufficient sanitation. Even though 96% of the population living in cities has access to clean water, this access remains limited by chronic rationing. In rural areas, access to potable water remains a considerable problem : 20% of the rural population does not always have access to potable water. Because of this, it is the children living in these areas who are most exposed to various health problems linked to water. Children suffering from a lack of water miss the possibility to grow up in a

healthy environment because neither homes nor schools allow them to benefit from the minimum required hygiene standards.

Right to Education In India, the question of access to education remains very problematic. In a country with the largest number of illiterate people in the world at 270 million individuals, the Indian government is trying to find solutions to allow all Indians, young or old, to benefit from high quality education in order to fight against illiteracy. In spite of the continuing problems, India can be very proud of itself for having made considerable progress in its educational system. The large regional disparities make access to education difficult for thousands of children. Disadvantaged children living in rural areas have less of a chance to attend school. Discrimination linked to the caste system as well as discrimination against woman also remain, marginalizing millions of young Indians in the educational system. Right to Protection In India, according to a study conducted by the government in 2007, more than 69% of children aged 5 to 18 years old are victims of abuse. There are many who must face humiliation and violence every day. More than half of the abuses inflicted upon children are committed by a close group of people who have a relationship of confidence and authority with the child. In Indian families, parents have an absolute authority over their children. Furthermore, this strict discipline is also found in academic areas, where 62% of children are victims of abuse from teachers.

Right to Food India, a major food exporter for many years, does not experience much difficulty regarding access to food. Indian food, varied and mainly vegetarian, is nutritionally balanced. However, the Indian population faces a large malnutrition problem. In this country, two types of malnutrition have been noted : while the wealthy population faces overeating problems, the major part of the population suffers from malnourishment. Also, India has more than 204 million undernourished people and Indian children remain the most affected. In response, the government started a large awareness campaign in order to educate the population about the importance of a varied and balanced diet. Freedom of Expression India is a country which gives a fundamental place to freedoms of opinion and expression, freedoms which are deeply anchored in Indian culture. However, the opinion of children is rarely taken into account. Because of cultural and ethical values, the words and opinions of children have only a very minor standing. No Indian legislation specifically mentions this childrens right, and education focuses on the respect children must show to adults. Child Labour Today, more than 60 million children are forced to work in India, more than 12 million of whom work in a state of servitude. These children grow up and live in inhumane conditions. Compounding this misery, these children must deal with the risk of abuse, most particularly children working as domestic servants. They work 24 hours a

day at their employers and must always be available to respond to the smallest caprice of their master Also, they receive little respect or thanks from their employers. In India, more than 70% of children working as domestic servants are physically assaulted by their employer. Because of the extent of this problem, the government must demonstrate perseverance and work in collaboration with local communities if it hopes to one day create a safe environment for all Indian children. Child Marriage In India, despite the changing morals and the adoption of a prohibition in 2006, the tradition of child marriage continues to be practiced. Today, more than 47% of Indian women are married before the age of 18. Child marriages are very common in the poorest areas, in particular in the countryside and in the slums. Pushed by poverty, families marry their children as early as 10 so that they are no longer a financial burden for them. Right to Identity India suffers from one of the highest non-registration rates for children in the world. Only 41% of births are registered. The registration rate for births varies considerably between urban and rural areas. This leads to serious difficulties for these people because they cannot benefit from their rights as they are considered invisible in the eyes of society.

Current situation of Childrens Human Rights in India.


"Today's child is tomorrow's citizen" so goes a popular saying, stressing the need for proper care and protection of the children. India has ratified the UN convention on the Rights of Child, which came into force on 2nd September 1990 and our own National Policy for Children was adopted way back in 1974. However, if we look at the outcome of all the measures that have been taken "on paper" the record is dismal. Child abuse goes unabated in our country, right in front of the eyes of the Law. India has the largest child population in the world, with about 40% of the total population below the age of 15 years and 51.5% of these between the ages of 0 to 6 years . Right through the ages, care for children has been one of the causes to which Indian policy has remained committed. In the independent India, this commitment was enshrined in our Constitutional provisions. The Constitution of India in its Directive Principles of State Policy pledges that "the State shall, in particular, direct its policy towards securing that the health and strength of workers, men and women, and the tender age of children, are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment". As a follow up to this commitment, Government of India adopted a National Policy for Children in 1974 which reaffirmed the Constitutional provisions and declared that "it shall be the policy of the State

to provide adequate services to children, both before and after birth and through the period of growth, to ensure their full physical, mental and social development. It further stresses that the State shall progressively increase the scope of such services so that, within a reasonable time, all children in the country enjoy optimum conditions for their balanced growth".National Policy and Charter for Children, 2001 reads that, "Whereas the Constitution of India enshrines both in Chapter 3 and 4 of the Constitution of India, the cause and the best interest of children, in so far that: The State can make special provisions for children [Art 15 (3)] .No child below the age of 14 years shall be employed to work in a factory, mine or any other hazardous employment (Art. 24). The tender age of children is not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength (Art. 39 e), and that Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that youth are protected against exploitation and against moral and material abandonment (Art. 39 f), Whereas through the National Policy for Children, 1974, we are committed to provide for adequate services to children, both before and after birth and throughout the period of growth, to ensure their full physical, mental and social development, Whereas we affirm that children's rights -economic, social, cultural and civil, are fundamental, human rights and must be protected through combined action of the State, civil society, communities and families in their obligations in fulfilling children's rights. Whereas we also affirm that children's rights must be exercised in the context of intrinsic and attendant duties directed towards preserving and strengthening the family, society and the Nation, and by inculcating a sense of values directed towards the same end. Whereas India has acceded to the United Nations Convention on Rights of the Child in 1992, wherein it has committed itself to realize the best interests of the child through the maximum extent of its available resources, and whereas we

believe that by respecting the child, society is respecting itself. Recently the Government of India has decided to constitute a National Commission for Children that would be a statutory body setup by an Act of Parliament to give further protection to children and act as an ombudsman for them. The commission will have certain judicial powers, will guide policy on children related subjects and take effective steps for review and better implementation of laws and programs meant for the survival, development and protection of children. It would also oversee the overall and proper implementation of the laws and programs relating to children in the country . However, destruction of unborn and new-born infants, stringent measures including physical torture at home and in teaching institutions to introduce discipline and teaching program, child labor system, etc. all extending up to cruelty on children are still there. The incidents of cruelty may not remain limited to assault and injury only, providing the child insufficient food, inadequate care, protection and education, child slavery (though banned is reported in this part of the world),kidnapping or seducing a girl child for immoral traffic and sexual assault on young girls and boys are the other examples of atrocities on children. The present study attempts to examine the extent to which violation of children's rights can be brought to light by the specialty of forensic medicine. OBSERVATIONS During period under study, a total of 155 children below 16 years were referred to the hospital for medico legal examination, of which 9 (6%) were brought for medico legal autopsy. Of the different cases of abuse, physical abuse accounted for 108 (70%) victims while sexual abuse accounted for 47 (30%) victims. Again, 89 (61%) cases were brought by police, while 57 (39%) were brought by their parents, either for treatment of injury/ pain etc., but who, on examination, were found to be either physically or sexually abused. Boys, 64

(60%), were more at risk in cases of physical abuse, while girls, 39 (83%), were at risk in cases of sexual abuse (Table 1).Children, of the age group, 1416 years, were the most common victims of both physical abuse [35 (32%) cases] and sexual abuse [43 (28%) cases]. Their oppression decreased with the decrease in their age. An appreciable percentage of boys were also sexually abused, 11 (23%) cases, of which those belonging to the age group 810 years, constituted the most victims, 4 (36%) cases (Table 2). Maximum cases of physical abuse occurred among the school dropouts / doing nothing 'at home', 36 (33%) cases, followed by those working at auto repair shops or small-scale factories, 23 (21%) and 22 (20%) cases, respectively whereas majority of sexual abuse also took place among the 'at home' category, (45%). (Table 3) Data published by National Crime Records Bureau, Ministry of Home Affairs, Government of India, showing crimes against children in the country and percentage variation in 2003 over 2002 reveals the extent of reported cases (Table 4) According to the State of Children report, there are over 35 million girls in India, who are out of school, are neglected or involved in one or the other work. Juveniles engaged in prostitution and children of sex-workers; children abused sexually or physically; underfed children; abandoned children; slum children; street children; refugee children; and juvenile servitude constitute the pool of neglected and destitute juveniles. Within the family, children are forcibly engaged in domestic servitude and used as first choice to assist parents on the field by the small farm families. Outside the family, they are engaged as indented servitude in workshops, hotels, small industries, footpath vending, fire-works, carpet weaving etc. For the employers, child workers are advantageous as they cannot form unions, could be exploited for longer hours for meager wages and could be even used in hazardous and unhygienic work environment. Child labor is not a new phenomenon, what

is, however, new is its perception as a social problem. In the recent past, there has been a distinct change in the value orientation and attitudinal ethos of the legitimizing groups of society vis--vis child labor. In the pre-industrial agricultural society in India, children worked as helpers and learners in 'hereditarily determined' family occupations under the benign supervision of adult family members. The work place was an extension of the home and the work was characterized by personal and informal relationship. The tasks of technology that the work involved, were simple and non-hazardous, which the child could learn smoothly, almost unconsciously over the years through imitation and association. With the advent of industrialization and urbanization, the social scenario changed. The family members no longer work as a team and in caste-sanctioned occupations. The child has to work as an individual person, either under an employer or independently, without enjoying the benevolent protection of his guardian. His work exposes him to various kinds of health hazards emanating from the excessive use of chemicals and poisonous substances in industries and the pollutants discharged by them and here arises the problem of child labor. United Nations Convention on the rights of children sets out basic rights and standards for judging the welfare of children. It encompasses both the maltreatment of children within family settings and that occurring through group processes and social forces. In the United States, if any professional entertains any suspicion as to the maltreatment of the child, he is required by law to report the things to the local child welfare agency (mandatory reporting). In India, any doctor who has reason to suspect about the maltreatment of a child is required to report the matter to the police. However, despite the Juvenile Justice Act 2000 providing for taking special measures towards the care and protection of children, many types of abuse are frequently reported in media as is evident from the National crime records Bureau data. The term child abuse refers to any act or failure to act that violates the rights of the child that endangers his or her optimum health, survival or development. A recent WHO estimate shows that

40 million children aged 0-14 around the world suffer form abuse and neglect and require health and social care. Child abuse or maltreatment is commonly divided into five categories: physical abuse, emotional abuse, sexual abuse, neglect and exploitation. Although any of these forms may be found separately, they often occur together but the cases of abuse frequently seen by healthcare workers include physical abuse, sexual abuse and neglect. Physical abuse has been explained as physical assault of a child by any person having custody, care, or charge of that child. Methods may include hitting, throwing inducing burns or scalds, biting, poisoning etc. Physical abuse occurs at all ages, although biological squeal are more severe in infancy, becoming weaker throughout the childhood and disappearing by adolescence . There is a strong association with low socioeconomic status. To some extent, the problem of physical abuse was unveiled by Silverman (1953) and Wooley and Evans (1955) in its exact shape, magnitude and significance, who established the deliberate trauma character of certain specific types of pathological lesions, earlier detected by J. Caffey (1946) a pediatric radiologist(Caffey's Syndrome) . Sexual abuse has been explained as sexual activities that involve a child and an adult, or a significantly older child. The abuse may be in the form of: 1) contact sexual activities that include - penile or digital penetration or acts like kissing or touching of genitalia or making the child touch or fondle genitalia of the perpetrator and 2) non contact sexual activities that may include exhibitionism or encouraging the children to have sex together . Neglect refers to the under-provision of the child's basic needs, both physical and psychological that may occur through parents or through institutions like orphanages, nurseries, educational establishments etc . However, this perspective is limited and may not afford adequate protection to children since societal factors (e.g., poverty) that compromise the abilities of parents to care for their children also impair children's health and development and as such 'neglect' must be evaluated within a societal context . The present study

also revealed that the problem was more prevalent in lower socio-economic group as majority of the victims 42% of physical abuse were working at auto repair shops or small factories or as roadside vendors. This necessitates the need for interaction among various agencies concerned with the welfare of children. However, implementation of legislation, policy and programs for children is extremely inter-sectoral, and is dispersed across eight departments both at the center and in the states - mainly the departments of Family welfare, Education, Labor, Social Justice and Empowerment, Water and Sanitation, Youth Affairs, Woman and Child Development, Information and Broadcasting and encompasses jurisdiction of the Center and States/Union Territories, often with the participation of the nongovernmental sector . Here the question arises that if any welfare program to be implemented is to be routed through so many channels what will actually reach the needy in general, and in the

present scenario of "BANDAR-BAANT" prevalent in India, in particular.

STEPS TAKEN BY INDIA TO PROTECT CHILDRENS HUMAN RIGHTS.


UN Convention on the Rights of the Child and its Optional Protocols are the principal instruments concerned with children, many others too are important for the realization of the rights of children, and India has signed and ratified them. There are several important ones that India is yet to ratify and many where India has made declarations or reservations. India has signed and ratified a number of international legal instruments. These international commitments by India must be reflected in our Indian laws, policies and institutions it creates for the realisation of child rights. See table for details.

INTERNATIONAL LEGAL INSTRUMENTS

STATUS OF RATIFICATION

ON CPR AND ESCR, HUMAN RIGHTS OF WOMEN, CHILDREN AND PERSONS WITH DISABILITIES International Covenant on Civil and Political Rights, 1966 Optional Protocol to the International Covenant on Civil and Political Rights, 1966 on setting up of individual complaint mechanism ACCEDED on 10 April 1979

NOT SIGNED

Second Optional Protocol to the International Covenant on Civil and NOT SIGNED Political Rights, aiming at the abolition of death penalty, 1989 International Covenant Economic, Social and Cultural Rights, 1966 Convention on the Elimination of All Forms of Discriminations Against Women (CEDAW), 1979 ACCEDED on 10 April 1979 SIGNED on 30 July1980 and RATIFIED on 9 July 1993 with a declaration/reservation

Optional Protocol to the Convention on NOT SIGNED the Elimination of All Forms of Discrimination against Women, 1999 The United Nations Convention on the RATIFIED on Rights of the Child, 1989 11 December 1992 with a declaration on Article 32

Optional Protocol to CRC on Sale of Children, Child Prostitution and Child Pornography

SIGNED on 15 November 2004 and RATIFIED on 16 August 2005

SIGNED on 15 November 2004 and Optional Protocol to CRC on involvement of Children in Armed Conflict RATIFIED on 30 November 2005

SIGNED on 30 March 2007 Convention on the Rights of Persons RATIFIED on 1October 2007 with Disablities, 2006 (not yet in force) NOT SIGNED Optional Protocol to the Convention on the Rights of the persons with Disabilities, 2006

Constitution of India
The Indian constitution accords rights to children as citizens of the country, and in keeping with their special status the State has even enacted special laws.The Constitution, promulgated in 1950, encompasses most rights included in the UN Convention on the Rights of the Child as Fundamental Rights and Directive Principles of State Policy. Over the years, many individuals and public interest groups have approached the apex court for restitution of fundamental rights, including child rights. The Directive Principles of State Policy articulate social and economic rights that have been declared to be fundamental in the governance of the country and the duty of the state to apply in making laws (Article 37). The government has the flexibility to undertake appropriate legislative and administrative measures to ensure childrens rights; no court can make the government ensure them, as these are essentially directives. These directives have enabled the judiciary to give some landmark judgements promoting childrens rights, leading to Constitutional Amendments as is in the case of the 86th Amendment to the Constitution that made Right to Education a fundamental right. Constitutional Guarantees that are meant specifically for children include: Right to free and compulsory elementary education for all children in the 614 year age group (Article 21 A) Right to be protected from any hazardous employment till the age of 14 years (Article 24) Right to be protected form being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e)) Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of

childhood and youth against exploitation and against moral and material abandonment (Article 39 (f)) Right to early childhood care and education to all children until they complete the age of six years (Article 45) Besides, Children also have rights as equal citizens of India, just as any other adult male or female: Right to equality (Article 14) Right against discrimination (Article 15) Right to personal liberty and due process of law (Article 21) Right to being protected from being trafficked and forced into bonded

labour (Article 23) Right of minorities for protection of their interests (Article 29) Right of weaker sections of the people to be protected from social

injustice and all forms of exploitation (Article 46) Right to nutrition and standard of living and improved public health

(Article 47)

Laws & Policies


While all children have equal rights, their situations are not uniform. At the same time, childhood and the range of childrens needs and rights are one whole, and must be addressed holistically. A life-cycle approach must be maintained. Keeping this in mind, there are several national laws and policies that address the different age-groups and categories of children. 1890: Guardians and Wards Act 1948: Factories Act (Amended in 1949, 1950 and 1954) 1956: Hindu Adoption and Maintenance Act 1956: Immoral Traffic (Prevention) Act (amended in 1986) 1956: Probation of Offenders Act 1960: Orphanages and Other Charitable Homes (Supervision and Control) Act 1974: National Policy for Children 1976: Bonded Labour System (Abolition) Act 1986: Child Labour (Prohibition and Regulation) Act 1987: Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1989: Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act 1992: Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act 1994: Transplantation of Human Organ Act 1996: Persons with Disabilities (Equal Protection of Rights and Full articipation) Act

2000: Information Technology Act 2000: Juvenile Justice (Care and Protection of Children) Act (2000) 2000: The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act 2002: The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act 2006: Prohibition of Child Marriage Act 2006: Juvenile Justice (Care and Protection of Children) Act (Amendment, 2006) 2009: The Right of Children to Free and Compulsory Education Act, 2009 the situation of children is the best dip-stick to measure the health of a society. What ails them ails society and the country. Their situation today tells us what the country is today and also will be tomorrow as these children become tomorrow's adults..... Children and Governance Governments are obligated to fulfilling the rights of

children. This imposes three distinct obligations on governments: the obligations to respect, protect and fulfill those rights. This is the essence of good governance.

The obligation to respect child rights requires governments to refrain from interfering directly or indirectly with childrens enjoyment of their rights.

The obligation to protect children against abuse and exploitation refers to the governments duty to prevent, investigate, punish and ensure

redress for the harm caused by abuses of their rights by third parties, such as private individuals or other non-state actors.

The obligation to fulfill rights necessitates that governments fulfill the rights of children, through the implementation of legislative, administrative, budgetary, judicial and other measures. Additionally, the obligation to fulfill child rights refers to the progressive realisation of rights, and includes governments duties to facilitate and provide for basic needs, particularly when childrens families are unable to do so

This includes:

Financial accountability, which is about allocation, disbursement and utilisation of funds.

Performance accountability, which is about demonstrating and accounting for performance through implementation of initiatives in the light of agreed indicators- the focus being service, output and outcome or result.

Political or democratic accountability involves policy making, political process and elections

"The concept of mainstreaming means that each government department incorporates children's issues into their respective portfolios. It calls upon each department to reflect its commitment to children, with corresponding budgetary allocation. With this approach, there is no single 'children's budget', rather, children's issues...(are supposed to)..inform every department's budget". President's Office-Office on the Status of the Child.1999.National Programme of Action 2000 and Beyond: An Assesment of the NPA and the Way Forward, Pretoria:Government of South Africa

Parliament Watch
If the laws, policies and budget-related priorities are to change in India in favour of childrens rights, it is our legislators and parliamentarians who need to be influenced, and who require a greater understanding of what the countrys children need. The question is: Are the MLAs and MPs in the country child-friendly enough? Who, among these, can we advocate to and work with? Brinda Karat who has often spoken on child rights reiterates "The word right is important when we discuss children. Childrens rights is not charity. Sandeep Dixit MP from East Delhi when asked says "In order to ensure that children's rights are safeguarded within the framework of various national and international instruments ratified by us, it is vital for us to rights in the Parliament." Here are some Parliamentarians for Children: Ms. Brinda Karat, Rajya Sabha "The word right is important when we discuss children. Childrens rights is not charity. But when we talk of children as a national asset we see three systemic barriers linked to caste gender and economic deprivation and inequaity. Why is there such a huge disparity among our children in this country? The development policy framework that we have itself leads to inequality. How can we think of our children as a national asset if we believe that some children within our society are polluted and not allowed to even drink from the same tap, when are girls are not even allowed to be born, and in the current framework of inequitable distribution of resources?" "I am for a complete ban on child labour. But at the same time we need to ask what makes parents send their children to work and employers and industries to make them work in this shocking manner? All children have right to strongly advocate for child

education unequal access because of their gender, caste and unequal distribution of resources." Sandeep Dikshit "Children consitute 42 per cent of the population yet they do not have any voice in formulating, discussing or making policies meant to address their needs. As representatives of people we are vested with the responsibilities to ensure that social and economic goals do not remain mere policy objectives but get transformed into rights. It is our responsibility to ensure that all people benefit from the rights bestowed to them. And why should children not be part of these benefits? As adults we tend to forget that they are citizens with equal rights." In order to ensure that children's rights are safeguarded within the framework of various national and international instruments ratified by us, it is vital for us to strongly advocate for child rights in the Parliament." Protection All children have the right to be protected wherever they are at home, in school, on the streets, and at all times in times of peace or conflict or calamity. Their right to protection is as intrinsic to their well being, as is the right to survival, development and participation. Children deserve to live in an environment where good governance and the full enjoyment of human rights are mutually reinforcing. In its simplest form, child protection addresses every childs right not to be subjected to harm. It thus complements other provisions that ensure that children receive all that they need in order to survive, develop and thrive. It must relate to the childs capacity for self-reliance and self-defence and to the roles and responsibilities of family, community, society and State.

Children are 'un-protected" and vulnerable due to both acts of ommissions (neglect and denial of basic rights) and commission (acts of violence, abuse and exploitation). Un-protectedness as it affects children in India requires:

acknowledgement of the real character and dimensions of the protection issue and bringing to the fore

correctives to address the problem through justice delivery mechanisms safeguards through laws, policies and programmes in place redressals through counselling, rehabilitation and reintegration Legal aid to children in contact with law Counselling to both child victims of abuse and those in conflict with law Capacity building of service providers and various stakeholders such as the law enforecement officials, the judiciary, functionaries in the juvenile justice system, media and NGOs.

Campaigns against child traffciking,child labour and violence and abuse of children

Visits to Girls home / observation homes

CONCLUSION
It is too often reported that rural and urban India have pervasive practices of child labor, juvenile servitude, domestic juvenile servitude and trafficking of juvenile girls. Despite enactment of the Juvenile Justice Act 1986 and 2000, and in spite of several positive provisions embodied into the Indian Constitution and the Universal Human Rights Declaration aimed at safeguarding the rights of children - leisure, learning and play - the social reality continues to be grim. We find a large segment of children outside the school portals and equally a large number engaged either in work or in delinquent activities. There is a need to identify potential risk factors for baby battering, child labor, child sexual abuse etc., so as to better understand the problem, improve the treatment of the victim as well as perpetrator and take preventive steps to restrict the incidence of child abuse. Announcements of new legislation, commissions or programs by the respective governments in the absence of the will to implement the same has nothing more than politically motivated ornamental values. A societal awareness to boldly report the cases of child abuse, honest and scientific investigation by the Investigating Agencies and speedy delivery of justice by the Courts is all that is required in addition to a change in the attitude of the community towards the children. It must be remembered that rights and duties are two sides of being human. A child can achieve his rights only if others perform their duties. Proper performance of duties by the parents, teachers, government officials of the various departments associated with child welfare and community at large is necessary for fulfilling the rights of children and here comes the role of forensic medicine also.

CHAPTER V- CASES OF CHILDRENS HUMAN RIGHTS VIOLATION IN INDIA.


The Committee on the Rights of the Child in its 30th session in May 2002 recommended the State parties to submit periodic reports that are concise, analytical and focusing on key implementation issues, and the length of which will not exceed 120 regular size pages.1 That the government of India fails to provide information about the actual status of the children in a size of 500 pages report is disturbing. As this alternate report shows, it has more to do with the governments refusal to publicly acknowledge the problems of the children in India and attempt to mislead the CRC Committee about the real situation of children in India. Juvenile Justice The adoption of the Juvenile Justice (Care and Protection) Act of 2000 is one of the concrete measures taken by the government of India since the consideration of initial report by the Committee on the Rights of the Child in January 2000. The government of India flaunts the enactment of the Act. However, the implementation the Juvenile Justice (Care and Protection) Act of 2000 remains problematique. A large number of State governments such as Punjab, Haryana, Jammu and Kashmir, Assam etc are yet to set up the Juvenile Courts, Juvenile Boards or Juvenile Homes. In a reply to the Rajya Sabha 2 on 3 December 2001, Minister for Social Welfare stated that there are no juvenile detainees in Jammu and Kashmir and Manipur! In reality, the Jammu and Kashmir State government is yet to take any measure to implement the Juvenile Justice Act of 1986, let alone replace it with Juvenile Justice (Care and Protection Act), 2000. The Jammu and Kashmir State Assembly extended Juvenile Justice Act, 1986 in the State by abolishing the Children Act of 1970 in the year 1997. However, as of August 2003, the government of Jammu and Kashmir has not taken any initiative to implement the Juvenile Justice Act, 1986. The Juvenile detainees are being kept in District Jail of Jammu along with

harden criminals. 3 The enactment of any legislation therefore does not guarantee its enforcement. Non-Discrimination In its first periodic report, the government of India makes generic reference to various constitutional provisions and legislations including the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to combat caste discrimination in India. Untouchability was abolished under Article 17 of the constitution of India. Yet, caste discrimination is alive and kicking. Dalit children at an early age face caste discrimination. As of 2 February 2003, only 10 States4 out of 28 States and 7 Union Territories have established Special Courts under the SCs/STs (Prevention of Atrocities) Act, 1989. The remaining States and Union Territories have notified the existing Courts of Sessions as Special Courts for the trial of offences under the Act. The courts in India are already over-burdened with 3.5 million and 40 thousand cases at the High Courts level in 2002 according to the report of the Parliamentary Standing Committee on Home Affairs.5 The designation of the Court of Sessions as Special Courts further adds to judicial delay in India. This is despite the fact that the crimes against the Scheduled Castes and Scheduled Tribes have been increasing exponentially. According to government statistics provided to the parliament on 20 February 2003, 34799 cases were registered in 1999, 36,971 cases were registered in 2000 and 39,157 were registered in 2001 under the SC/STs Prevention of Atrocities Act, 1989. 6 The conviction rate remains extremely low. Out of the 31,011 cases tried under the Prevention of Atrocities Act in 1998, only a paltry 1,677 instances or 5.4% resulted in a conviction and 29,334 ended in acquittal. Compare to this, under the Indian Penal Code,39.4% of cases ended in a conviction in 1999 and 41.8% in 2000. Right to life On violation of the right to life, the government of India only refers to female infanticide. It remains silent on extrajudicial executions and custodial death of children. According to the Annual Report 2002-03 of Indias Home Ministry, 14 out of 28 States are afflicted by internal armed conflicts. The security forces

and the armed opposition groups have been responsible for violation of the right to life of large number of children. In specific reply in the parliament on 16 July 2002, Minister of State for Home Affairs Shri Ch.Vidyasagar Rao stated that no separate data is maintained for children killed in custody. Name and nationality Tens of thousand people are deprived the right to nationality in India. These include Chakmas and Hajongs of Arunachal Pradesh, Mohajirs in Andhra Pradesh, Punjabirefugees in Jammu and Kashmir and Pakistani refugees in Rajashtan.The Chakma and Hajong children of Arunachal Pradesh are denied the right tonationality due to non-implementation of the judgments of the Supreme Court . The states which have set up Special Courts are Andhra Pradesh, Bihar, Chhatisgarh, Gujarat, Karnataka,Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh and Uttranchal 5. Suhas Chakma, Wrong Prescriptions, The Central Chronicle, Bhopal, 4 September 2003. 6 . Statement is answer to part (a), (b) and (d) of the Lok Sabha Unstarred Question No. 595 for 20.02.2003 regarding `Crimes against Scheduled Castes and Scheduled Tribes`. When judgements of the Supreme Court and High Court cannot guarantee the rights of nationality, generic reference to various laws by the government of India appears to be a mere academic exercise. Freedom of thought, conscience and religion While adults of different religions wage riots, children are often caught in the crossfire, raped, tortured and murdered because of their religion. Children are also made the subjects of religious indoctrination so that they grow up to believe in, and disseminate, the ideologies of fundamentalist religious-political groupings. These ideologies are more often than not extreme in nature, with the result that young adults develop simplistic, unbalanced, and often fanatical ideas about society. The Dalits are prohibited from entering many temples. Christians have been specifically targeted. In the name of Freedom of Religion Acts, State governments interfere with religious freedom. The punishment under these Acts is to be doubled if the offence had been committed in respect of a minor, a woman or a person belonging to the

Scheduled Caste or Scheduled Tribe community. While the Freedom of Religion Acts in Orissa, Madhya Pradesh, Arunachal Pradesh and Tamilnadu require intimation to be given to District Magistrate with respect to conversion after conclusion of the ceremony to convert, the Gujarat Freedom of Religion Act requires prior permission to be taken before conversion. The National Commission for Minorities stated that the prior permission requirement violates the fundamental rights of individuals" under Article 25 of the Indian Constitution. In practice, the Freedom of Religious Act applies while converting to Christianity and Islam and not to Hinduism, Buddhism, Jainism or Sikhism. Freedom of association and assembly While the right to freedom of association and peaceful assembly is generally exercised in India, the police sometimes deny the right to freedom of association. The police do not exercise necessary restraints while dealing with students demonstrators. Tibetan students are often cane-charged when they attempt to exercise the right to freedom of association and assembly by organizing demonstrations during the visit of the Chinese government delegates. Freedom from torture The Annual Reports of the National Human Rights Commission are indicative of endemic torture in India. The NHRCs Annual Reports are illustrative of the use of torture in the administration of criminal justice system. According to NHRCs Annual Reports, it received complaints of 34 custodial deaths (in police custody and judicial custody) in 1993-94; 162 custodial deaths/custodial rapes in 1994-95, 444 custodial deaths in 1995-96, 888 custodial deaths in 1996-97, 1012 custodial deaths in 1997-98, 1297 custodial deaths in 1998-99, 1,093 in 1999-2000 and 1037 in 2000-2001 Therefore, the description of torture of children in India in one paragraph, exactly in 194 words is scandalous by any yardstick and an affront to the Concluding Observations of the Committee on the Rights of the Child made in January 2000. Torture of children especially in armed conflict situations is rampant. Despite rampant

corporal punishment in schools, governments periodic report make s no reference to the issue. Access to appropriate information The children in India are being denied appropriate information after the government undertook the exercise to re-write the history textbooks. The NCERT textbooks such as Modern Indian History and Contemporary World History for Class XII students contain serious factual errors. Social Studies textbook for Class 9th standards under the Gujarat State Board of School Textbook identifies Muslims and Christians as foreigners. The Scheduled Castes and Scheduled Tribes are identified as ignorant, illiterate and followers of blind faith. This is contrary to universal affirmation that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin, racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Right to education Shockingly, of the 900 million illiterates in the world, almost one-third be long to India. In other words, Indians constitute the largest number of uneducated people in the world. According to the 14th report of the Parliamentary Committee on Empowerment of Women of the Lok Sabha, lower house of Indian parliament of 5 August 2003 an estimated 60 million children are still out of schools, of which, 35 million were girls. The population of children in the age group 6-14 is 192 million. Of these 157 million children are enrolled in schools and the number of out of school children in the age group 6-14 is 35 million of which 25 million are girls. The government fails to acknowledge discrimination as one of the main obstacles to access to education of the Dalit and indigenous children. Children of lower castes are exposed to discrimination at an early age. In schools, they are forced to sit apart from the higher caste children; that is, if they are allowed entry into a school in the first place. They remain segregated during lunch, if provided, and drink from separate containers. Although, 83rd

Amendment of the Constitution of India recognizes the right to education as a fundamental right, the Chakma and Hajong children of Arunachal Pradesh have been denied right to education. The State government in an order in 1994 (vide No. CS/HOME/94 dated 21 November 1994) withdrew all the 49 pre-primary schools(Anganwadis) solely because of their ethnic origin. Both the NHRC and the Central government have failed to direct the State government of Arunachal Pradesh to restore the school facilities. Anti-terror laws and juvenile justice Many children have been arrested and detained as alleged terrorists under the Prevention of Terrorism Act, 2002, often for the alleged offences committed by their parents or merely being present at the wrong place. Although, the Madras High Court ruled in the G Prabakan case that children should be tried under the Juvenile Justice (Care and Protection) Act, a large number of children have been arrested as alleged terrorists. Children in armed conflict situations Despite 14 out of 28 States being afflicted by internal armed conflicts according to the Annual Report 2002-03 of the Home Ministry of Government of India in its periodic report remains silent on the issue as if there are no armed conflicts in India. Children in armed conflict situations face serious problems including risks to the security of their lives. The law enforcement personnel subject them to arrest, detention, torture, rape, disappearances, extrajudicial executions etc. The armed opposition groups and governmentsponsored vigilantes are also responsible for serious abuses against children. However, the government of India provides impunity under Section 197 of the Criminal Procedure Code and Section 6 of the Armed Forces Special Powers Act, 1958. Under section 19 of the Human Rights Protection Act, 1993, the armed forces are treated as beyond the reach of the law and kept out of the purview of the National Human Rights Commission. The difference between the law enforcement personnel and the armed opposition groups has become blurred.

Refugee children "Refugees" and "foreigners" are not synonymous. Yet, the government of India in its periodic report uses refugees and foreigners as synonymous terms. There is no word called "refugees" in Indian law. The grant of refugee status is an adhoc decision taken after considering the political exigencies. While the Sri Lankan Tamils have been granted refugee status, about 80,000 Chins from Burma have been denied refugee status by the government of India, having destroyed their camps at Saiha, Mizoram in 1995. Over 5,000 Myanmarese asylum seekers were refouled by 19 August 2003 after the State government of Mizoram abdicated the responsibility for dealing with crimes to Young Mizo Association. The condition of the refugees under the care of UNHCR is worse. There is no transparency in the decision making of UNHCR on the grant of refugee status. The UNHCR never provides the justification in writing as to grounds for rejection of asylum to the concerned applicants. UNHCR acts as judge and jury on its decisions. Its appeal The Status of Children in India A Submission to the UN Committee on the Rights of the Child encourages illegal work by the refugees by promoting vocational training programs in the absence of lack of work permit for the refugees. UNHCR also provides inadequate educational and medical facilities for refugees and children. IDP children Although, there are over 500,000 conflict-induced Internally Displaced Persons, in its first periodic report the government of India only refers to the displaced Kashmir pandits. Majority of the internally displaced persons are indigenous peoples. A large number of IDPs are children. While the Kashmiri pandits are provided cash relief of Rs.600/- per head per month subject to a maximum of Rs. 2400/- per month per family plus dry ration @ 9 kgs of rice and 2 kgs of flour per person and one kg of sugar per family per month, the Reang IDPs are provided Rs 2.67 i.e. Rs 80 per adult per month and Rs 1.33 i.e. Rs 40 per child per month. While the assistance given to the Kashmiri

pandits is insufficient by itself, there could not be a better example of such glaring discrimination against indigenous IDPs. Indigenous children While children as individuals enjoy many of the rights provided under the United Nations Convention on the Rights of the Child, the enjoyment of such rights by the indigenous and minority children depends on the status of these groups as a whole in the society and in the country. The condition of indigenous children cannot be seen in abstract but should be viewed in the context of the status of the community. Many indigenous groups are still identified as criminal tribes. Their children are stigmatized. According to government of Indias Ministry of Tribal Affairs Since independence, tribal displaced by development projects or industries have not been rehabilitated to date. Research shows that the number of displaced tribal till 1990 is about 85.39 lakhs (55.16% of total displaced) of whom 64.23% are yet to be rehabilitated. Although accurate figures of displacement vary it is clear that majority of those displaced have not been rehabilitated. The indigenous peoples who constitute about 8.1 percent of the total population of the country according to the 1991 census constitute 55.16% of total displaced people.12 About 10 million indigenous peoples and their children are on the verge of eviction in the name of conservation of forest pursuant to the order of 5 May 2002 of the Ministry of Environment and Forest. While thousands of displaced families are still awaiting land-for-land rehabilitation at 95 meters height of the Narmada dam, on 14 May 2003 the Narmada Control Authority authorized an increase in height of the Narmada dam from 95 meters to 100 meters. Thousands of indigenous peoples and their children from more than 100 thickly populated villages in the State of Madhya Pradesh and 33 villages in Maharashtra will be uprooted if the dam height is raised to 100 meters. Minority children Riots such as the one in Gujarat has particularly brutal effects on children. They are forced to develop within contexts of seemingly permanent

psychosocial trauma or what some psychologists refer to as the "normal abnormality" of violence. Situations that once seemed unimaginable - the burning of one's home, the massacre of one's own family members, the murder of one's parents or siblings become part of life and have devastating effects on children. Yet, justice eludes the minority children of Gujarat riot. All the accused in the infamous Best Bakery case of Gujarat riot were acquitted by the lower court after the witnesses turned hostile due to threat and intimidation. The victims in the Best Bakery case included 4 children. While the NHRCs writ petition to the Supreme Court and the interim order of the Supreme Court order is welcome, the hostile attitude of the State government and the ruling Bharatiya Janata Party, which termed the NHRC as anti- Hindu for its intervention in the Best Bakery case, needs to be borne in mind.

CASES RELATED TO VIOLATION OF CHILDRENS HUMAN RIGHTS IN INDIA.


1.NON DISCRIMINATION & RIGHT TO EQUALITY.
Case 1: Killing of Dalit children in Bihar On 9 April 2003, three members of a Dalit family - a pregnant woman and her two children - were gunned down by suspected Ranvir Sena 26 men at Jhikatia Tola of Azad Nagar village under Kinjar police station in Arwal district of Bihar. Over a dozen Ranvir Sena activists, all armed with sophisticated weapons, raided the house of Mr Lorik Paswan, an alleged member of the underground Peoples War Group (PWG) activist. Not finding him in the house, the Ranvir Sena activists, in sheer revenge, killed Mr Paswans pregnant wife, Asha Devi (36 years) and their two children, Master Manoj (9 years) and Ms Leela (8 years). Case 2: Burning of a Dalit girl in Madhya Pradesh Mr R S Tomar, an upper caste Hindu, burnt a Dalit girl to death for daring to file a complaint against his son, Raju. Raju was accused of raping the girl on 27 February 2003 and had been arrested. According to the police, Mr Tomar barged into the house of the 16-year-old girl in village Kachnoda, Madhya Pradesh, doused her with kerosene and set her afire. Case 3: Rape of a Dalit girl in Gujarat On 17 December 2001, a 15-year-old Koli girl was kidnapped at Khambala village near Barwala town, Gujarat by the powerful elements in the village and repeatedly raped her. She was kept in captivity for 15 days. Although four

persons were arrested, the police set them set free even before they could be produced before the court. This despite that the girl was taken to the Botad Civil Hospital, the nearest to Barwala where the doctors confirmed that she was raped. She even identified the victims before the police. Case 4: Dalit teenager raped in Rajasthan On the night of 5 April 2003, when a young Dalit girl stepped out of her home in Jaipur's Guda Vaas village, Rajasthan she was kidnapped by four Brahmin youngsters of her own village. "They forcibly grabbed me and took me away. They threatened me with a knife and stopped me from shouting for help. I was totally scared as they said that if I shout, they would kill me," narrated the traumatized girl before New Delhi Television (NDTV). She was brutally gang raped. The rapists finally dumped her outside the village on 8 April 2003. But upper caste Hindus in the village prevented her family from even filing a report by threatening them with a social boycott. Chottu Lal, one of the girl's relatives told NDTV, "The village elders said we must not file any report. They said if we did so and tried to fight a case, we would not be allowed to stay in the village. They said they would not maintain any relations with us and would not allow even our cattle to drink water from the village sources. They threatened us very badly." However after pressure from some women's groups, the police have finally registered an FIR. But with the entire village involved in a conspiracy of silence, the police were finding it tough to collect any evidence. Case 5: Dalit Girl tortured, paraded burnt to death in Uttar Pradesh Eighteen - year old Guddan, belonging to a backward caste was not only forcibly taken away from her home to a neighboring village by an armed band of lustful Thakurs, the upper caste Hindus, from Gorath village under Sidhari police station, Azamgarh district, Uttar Pradesh, but was also subjected to the worst possible physical humiliation before being burnt alive in broad-daylight on 30 July 2000. Guddan was alone in her house, when Shyampari Chauhan of the neighboring village barged in with over a dozen armed muscle men. They dragged her out and took her to their village. According to eyewitnesses who

could not dare to intervene, Chauhan first got the girl's hair chopped. And as she struggled and screamed to be let off, he and his toughs tore off her clothes and then paraded her naked in full view of everyone. It was reported that Chauhan crossed all limits of barbarism and even ran scissors over her bare breasts. But the upper caste Thakur's sadistic lust was still not satisfied. So he dragged the helpless Guddan back to her village, where he allegedly poured kerosene oil over her badly bruised body and set her ablaze, perhaps to destroy all evidences of the physical torture. Yet the girl managed to dash upto her doorstep where she fell unconscious. Her father, who had, by then returned home, rushed to the nearest public telephone booth to call up the Sidhari police station. In a belated response, the cops accompanied the father to the Azamgarh District Hospital where she was admitted. However with more than 80 percent burns, she died shortly thereafter. As the Chauhan's family used all its political and money power, the local superintendent of police described the girl as "characterless" and "having illicit relationship with Chauhan." He told India Abroad News Service, "The girl was at Chauhan's back and call, but on Sunday when he came to call her over to his place, there was some altercation between the two and the girl threatened to get him beaten up; this naturally provoked the Thakur, who returned after a while with his men and took Guddan away to his village in the neighborhood." Living in abject poverty, Guddan's family earned a living out of dishwashing. Their condition could be gauged from the fact that her father did not even have money to purchase drugs and ointments prescribed by the doctor in the government hospital. Local villagers were stated to have contributed for the girl's last rites.

2.VIOLATION OF RIGHT TO LIFE, SURVIVAL AND DEVELOPMENT.


Case 6: Drunken cops kill boy in Punjab On 1 August 2003, an 11-year old boy, Gurmeet Singh alias Kaka was shot dead by a police constable, Ranjit Singh at a tea stall in front of the Netaji Institute of Sports (NIS) in Patialia, Punjab. Two policemen, both Head Constables, Ranjit Singh and Balwinder Singh, were on patrol duty. According to an FIR registered at the Sadar police station by a witness, Miyan, the Head Constables, Ranjit Singh and Balwinder Singh, were drunk when they came to the shop from a police cabin across the road after it had started raining. The cops asked the boy for glasses and tea. One of the cops, Ranjit Singh, asked Gurpeet to come to him saying, "I will show you how a revolver is fired". According to the FIR, the boy said he was frightened and refused to do the bidding of the cop. Following this Miyan said Ranjit fired in the air saying, "See it is a fake weapon having only sound". Miyan further said Ranjit again asked the boy to come to him. But when the boy refused to do so, the other cop, Balwinder Singh, caught hold of a hand of the boy and brought him to Ranjit. The witness said that Balwinder then asked his colleague to put the weapon on the chest of the boy. Ranjit then fired the weapon, which struck the chest of the boy. The police then bundled the boy on their motor cycle and took him to the local government Rajindra hospital. There they claimed that the boy had been hit by an accidental shot from one of their revolvers. Doctors declared the boy brought dead. Case 7: Killing of Masood Ahmed Shah On 16 June 2003, Peer Abdul Qayyum Shah, 50, was returning from the mosque at Wara Kreri, under Baramulla district of Jammu and Kashmir after offering the evening prayers with his 11 year old son, Masood Ahmed Shah.

Then, the members of paramilitary forces, the Rashtriya35 Rifles opened fire on them killing Abdul Qayyum and his son, Masood, instantly. The army personnel claimed that they were ambushing alleged militants on a tip off. Case 8: Killing of Javid Ahmad Magray On 30 May 2003, Mr Javid Ahmad Magray, a Class XII student was allegedly dragged from his house at Soiteng locality of Lasjan, Srinagar, Jammu and Kashmir by the army. The security forces allegedly shot him at several times. He was rushed to the Soura Medical Institute where he succumbed to injuries on 1 May 2003. The army claimed that he was killed in a cross-fire. Case 9: Killing of Mohammad Ashraf Malik On 19 May 2003, the army arrested Mohammad Ashraf Malik from his house at Kupwara, Jammu and Kashmir. His mutilated body was handed over to his family next day, on 20 May 2003. A powerful blast was heard in the township, several hours after his (Malik's) arrest. The Army claimed that the blast took place when he was leading the troops to a hide -out for affecting some recoveries. Malik was allegedly killed during interrogation and later his body was blown up to cover up the murder. Case 10: Custodial death of Chetan, Punjab On 5 February 2003, the Additional District and Sessions Judge of Chandigarh, Mr J.P. Mehmi rejected a bail application of Dr Sikandar Lal, his son Vikramjit and his son-inlaw Sanjiv Kumar. They were arrested for their involvement in custodial death of Chetan (8 years) who used to work in their house. Chetan was mercilessly beaten to death by cops during illegal police custody in midJanuary 2003.

3.Civil and Political Rights.


Case 11: Stateless Mohajirs in Hyderabad since 1948 About 130 families Mohajir (refugees) basti44 located just behind Mecca Masjid of Hyderabad, Andhra Pradesh have remained stateless since 1948. They migrated to the city in 1948 following riots in Bidar and Gulbarga in Pakistan. Fifty-six years on, the Mohajirs and their children remain stateless. They continue to be slum dwellers without access to proper sanitary facilities and continue to live in semi-pucca houses. On 14 August 2002, Chief Minister Chandra Babu Naidu visited the area. Chief Minister gave some hope to the Mohajirs. The Hyderabad collector was asked to build pucca houses free of cost without any delay. It was decided to construct the houses under the Valmiki Ambedkar Awas Yojana. Steps were initiated to acquire land from the Minority Welfare Commission and the Wakf Board. As of 23 August 2003, nothing has happened. The children of these Mohajirs remain Stateless until today. Case 12: Stateless Punjabi refugees in Jammu and Kashmir since 1947 Over a hundred thousand Punjabi refugees had migrated to the Jammu and Kashmir from neighbouring Sialkot district of Punjab province (now in Pakistan) in 1947 during the partition. Until now, they have not been granted citizenship. These refugees mainly belonging to the Scheduled Caste communities - had settled down in the areas along the border in R.S. Pura and Kathua sectors. As Jammu and Kashmir had its own citizenship, namely permanent resident of the State, only a person having this citizenship was entitled to vote. Hence these refugees had been denied the right to vote until today. They are also not eligible for any government job and cannot buy land. The descendants of these stateless people continue to be denied the right to nationality.46 According to surveys done in the border belt, most of the refugees are poor, landless labourers belonging to the lower socio-economic strata of society. In the elections, the issue of granting status to the

Punjabis was incorporated in the manifestos of all the parties. Case 13: Still the Outsiders: Pakistani refugees in Rajasthan There are 17,000 Hindus from Pakistan who sought refuge in Indian in 1965 after Indo- Pakistan war. They are scattered in Jodhpur, Barmer, Jaisalmer, Jalore and Pali districts. In 2001, a Review Committee was formed with six members to be headed by the Additional Chief Secretary (State Home Secretary) R.K. Nair. The other five members of the committee were to be the Rehabilitation Secretary, Revenue Secretary, Divisional Commissioner, Jodhpur, Deputy Secretary Home (Member Secretary) and a representative of the refugees. On 24 November 2001, the committee made its first recommendation to the Central Government to accept applications for citizenship after they renounce Pakistani citizenship on a simple affidavit. This would exempt them from paying Rs. 1680 to the Pakistan embassy for renewal and renunciation of the passport. The refugees are also prohibited from visiting the districts bordering Pakistan. The Committee in its second set of recommendations on 24 February 2002 stated that Pakistani nationals who had resided in India for 5 years should be allowed to visit the border districts. It was endorsed by Chief Minister and stated that the powers to grant citizenship should be given to the District Magistrate. As of August 2003, these refugees and their children are denied right to nationality.

4.FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION.


Case 14: Dalit girl thrown into well for worshipping In April 2003, a minor Dalit girl, Laxmi was thrown into a well by residents of Parwasa village under Bidhisa district of Madhya Pradesh for worshipping in a temple. She had a dispute with three men, Kailash, Preetam and Shankar who opposed her offering of prayer at the temple. They threw her into a nearby well. The girl was admitted to a local hospital. Case 15: Prohibition of entry of the Dalits into temple Basweshwara temple, Hitni, Kolhapur district, Maharashtra On 13 May 2003, upper caste members pelted stones and blocked roads when the Dalit Mahasang activists were returning after a visit to the Basweshwara temple at Hitni, a village in Kolhapur district of Maharashtra. The upper castes Hindus have prohibited the entry of the Dalits into the temple. As the Dalit Mahasangh activists entered the temple, a violent upper caste mob also set afire the Tehsildar's jeep and two police motorbikes and pelted stones at police on duty. The row began when the Dalit community from Madyal in Kolhapur entered the Somlinga temple in the village on Ambedkar Jayanti. Baba Bhola Nath, Mandor, Patiala, Punjab At the shrine of Baba Bhola Nath at Mandor village under Patiala of Punjab, the Dalits are not allowed entry into the temple. If some Dalit wants to pay obeisance, they have to put his offerings on a few loose bricks kept outside the temple. These offerings were earlier given to an old man of the village but are now fed to the dogs. If some Dalits manage to enter the temple premises to offer obeisance the entire temple is washed with water to "clean" it. This is not all. Dalits are not allowed to bathe in the Sarovar in the temple complex even during Ekadashi festival when thousands of people visit it. They have to make use of a tubewell in a separate enclosure for bathing purposes.

Case 16: Attacks against Christian minorities The Hindu religious fundamentalist organizations have launched attacks against Christian minorities. The attacks against Christians all have some common features. They typically target isolated groups in states where Christians form a small minority, are preceded by anti-Christian literature, and have been met with tacit support of state powers.

5.FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY.


Case 17: School children cane charged In the state capital of Uttar Pradesh, Lucknow, police cane charge d innocent children of St Marys School on 29 July 2003. The students were demonstrating in Talkatora locality to press their demand for construction of road leading to their school. About two dozen students, teachers, parents and passers by sustained injuries when their peaceful protest turned violent after police resorted to cane charge without any provocation. The students of St Mary's have been writing to the Urban Development Minister, Lalji Tandon, Mayor Dr SC Rai and authorities for construction of road leading to their school. When their pleas were left unattended, students, teachers and parents made a human chain and stopped road and rail traffic near their school. The police resorted to cane charge to break the protest. Case 18: Police beat Tibetan students in Agra and Delhi Tibetan activists, many of whom were children of high school and university age, were beaten and arrested for raising slogans and protesting against the visit of former Chinese Prime Minister Li Peng in Agra and Delhi on Sunday 14 January 2001. One girl was pulled by her hair and beaten by police. The students were staging a peaceful black flag demonstration, but police treated them as if they were criminals. According to Mr. Karma Yeshi, the Tibetan

Youth congress vice-president, The Delhi police fired without warning the protestors. The police did not warn, tear gas or cane-charge to disperse the protestors. The police fired right away which was unwarranted. The students who were arrested have not been released as of yet. Tibetan organizations are trying to get these protestors released, but have not been successful. Yeshi goes on to state, The Delhi police in a state of panic were arresting people with Mongol featuresA Nepali driver of the British High Commission was caught because of his looks.

6.THE RIGHT NOT TO BE SUBJECTED TO TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT.
Case 19: Torture of tribal students in Delhi On 2 April 2001, two drunken Delhi Policemen mercilessly beat up one Charu Bikash Chakma near Rajghat in New Delhi. They were caught by other students and handed over to the Police. Instead of prosecuting the drunk policemen, Delhi Police personnel from Darya Ganj Police Station attacked the students staying at Ashok Buddha Vihar and subjected 19 students to illegal confinement, torture, inhuman and degrading treatment on the night of 2 April 2001. They were subjected to beating with their own cricket bats and stumps first, at the Buddhist temple at Ashok Buddha Vihar on Old Power House Road, Rajghat (where they reside), again on the lawn of Darya Ganj Police Station, and finally inside the transit room at Darya Ganj Police Station, in addition to being hit with fists. Among the victims, included Mr Joy Chakma, 16 years, Mr Anton Chakma (15 years). Mr Joy Chakma received several blunt injuries and was treated for swelling on his right hand fingers. A Medical Legal Case has been registered for Mr Joy Chakma at the LNJP Hospital in New Delhi.

Case 20: Torture and tattooing of a Kashmiri boy, Bashir Ahmed Dar

Seventeen year old Bashir Ahmed Dar, rickshaw-puller on Delhi streets, was allegedly picked up from the Old Delhi Railway Station a few days after the 13th December 2001 attack on Indian Parliament. He alleged that he was lodged first at Delhi Gate station for three months, and moved to Lajpat Nagar police station, and was released in January 2003. He claimed that he pulled the rickshaw again to collect money for the journey home. He was subjected to torture in various places. The police tattooed his arms with Hindu deities. Case 21: Torture of Mukesh Kumar, Punjab The Station House Officer of Phase VIII police station of Chandigarh illegally detained a 10-year-old boy, Mukesh in June 2003. Mr Justice S.S. Grewal of the Punjab and Haryana High Court on 12 June 2003 directed the appointment of a warrant officer to locate the alleged detainee. According to the mother of the victim, Choni Devi of Patna, her son Mukesh Kumar was picked up by the Station House Officer and other police officials from Phase VII Sabzi mandi (vegetable marker) where he was selling vegetables. She was later informed by her relatives that Mukesh Kumar was in illegal custody at Phase VIII police station. The police did not inform the family members about his arrest or detention. Case 22: Torture of Rupesh, Punjab 15 year old, Rupesh was working as a servant at a house in Phase VII, SAS Nagar, Chandigarh, Punjab. He was picked up by the police following an allegation leveled against him by his employers that he had stolen a cheque in June 2003. The boy was illegally detained at the Phase-VIII police station of SAS Nagar for four days and was subjected to third-degree torture. The brother of the victim then approached Punjab Human Rights Commission for his release.

7.Corporal punishment.

Case 23: Suicide of Ramu Abhinav On 12 June 2003, Ramu Abhinav, 16-year-old tenth class student of Velammal Matriculation Higher Secondary School in Chennai, Tamilnadu committed suicide. He was allegedly driven to the extreme step by the corporal punishment inflicted on him by his mathematics teacher, Kannappan. The victim left behind a suicide note scribbled on a Corporal punishment - What is that? Corporal punishment is rampant in India. From stripping to inhumane torture, students endure various forms of corporal punishment. India makes no reference to corporal punishment. handkerchief saying he was committing suicide as he hated going to the school. Teacher Kannappan allegedly beat up Abhinav as he had missed the special classes on his birthday two days earlier and scored poor marks in the class test in mathematics. The Tamil Nadu Governments Rule 51 of the State education rules permits corporal punishment in extreme cases. Case 24: Student beaten to death by Madrasa teacher On 19 June 2003, Wasim, 14-year-old son of Shaukat, resident of ward no. 2, Sector 12, in Mata Colony, of Gaziabad in Uttar Pradesh was reportedly severely beaten up by the area Madrasa Moulvi (teacher) and died 10 days later. Wasim was a student of Madrasa Jamia Hijjatual Islam, Jannat Masjid, Miza Pur Colony, Vijay Nagar, Gaziabad. Wasim had broken the Rehal (the stand on which the holy Koran is placed) on 19 June 2003. That was provocation enough for the Moulvi and others to beat him black and blue. As his condition was serious, he was not allowed to go home for three days. Instead, he was treated at the Madrasa by a quack. Shaukat, took his son to the same quack as he could not afford proper medical treatment. Meanwhile, Moulvis and others connected with the Madrasa started exerting pressure on Shaukat to let bygones be bygones. But Wasims mother, Anwari, admitted that her son had died as a result of the beating received in the Madrasa. Case 25: Children chained by madrasa in UP

On 18 June 2003, 12 year old Rizwan, a student of a Faiz-e-am Madrasa at Chandpur under Kotwali Dehat, in Bulandshahr, Uttar Pradesh was rescued by the police after a local newspaper reported about the student being kept in chains. On 15 June 2003, three students - Arshad (8) son of Mohammad Din, a resident of Lisari Gate, Meerut, Iqram (10), son of Shah Zamal, a resident of Saraiya village under Buhari police station of Gonda district and Asif (7), son of Raees, a resident of Shastri Park in Bulandshahr fled allegedly fed up with the coercive tactics employed by the cleric of the Madrasa. The local police apprehended them and handed them back to the moulvi of the Madrasa. The children are thrashed over petty issues and chained to prevent them from running away. As they are provided free education at the Madrasa, the parents turned a blind eye to these atrocities. The police remain extremely insensitive. In an interview over the incident, the Senior Superintendent of Police (SSP) Alok Sharma said, "this is not America where children have their rights. Here it is either the school or the parents who make decisions regarding children. We have handed them over to the Madrasa since their parents want them to be there". The city Magistrate recorded the statements of the tortured children at the Madrasa where they were under duress. Case 26: Corporal punishment of Dipendra Dubey On 30 July 2003, Dipendra Dubey, a class IX student of Lucknow Public School was allegedly slapped and beaten mercilessly with sticks by four teachers of the school as a punishment. He was punished only because he skipped a class as he was having a stomach ache and had taken shelter in the school canteen. The medical examination of the boy was conducted at Rani Lakshmi Bai hospital, Rajajipuram, which confirmed that the boy had received several injuries due to thrashing.

Case 27: NHRCs intervention against the corporal punishment of Aarti Saroj

In the first week of July 2003, the National Human Rights Commission directed the Education Secretary in the Delhi government as well as Director of Primary Education in the Municipal Corporation of Delhi to appear before it on 30 July 2003 about the corporal punishment. The order was given after the NHRC pursuant to its intervention against the corporal punishment given to Aarti Saroj, a student of Class VI in the Government coeducational senior secondary school, Mukherjee Nagar, by her class teacher on 21 September 2001. Ms Saroj had received grievous injuries. A report from the Education Secretary to the NHRC denied the allegations. On consideration of the reports received from the Education Secretary, Additional DCP as well as the comments of the complainant on the report and the complaint of the father of the victim, the Commission was prima facie satisfied that the student was administered corporal punishment by her teacher in the school on 21 September 1996. The Commission had earlier observed that though it did not propose to proceed in the case, it was an important and fundamental issue, which required its consideration whether the Delhi School Education Act permitted corporal punishment to children in schools. Case 28: 60 children given corporal punishment On 5 August 2003, about 60 minor children studying in VIII standard of Government Senior Secondary School at Chheharta, Amristar, Punjab were allegedly severely beaten up by the drawing teacher with a stick. They were kicked and abused for not bringing some geometry box instruments in his class. The beating allegedly was so severe that seven children got contusions and marks of the beating. Ram Singh (13) cried with pain as he lifted his shirt to show marks of beating to the local journalists. He cried that he plys an auto rickshaw after school to meet his school and household expenses and could not buy the geometry instruments then, as he was awaiting his scholarship to make the purchase. Case 29: Students stripped for skipping homework

On 13 August 2003, Mr Sadhan Pal, the headmaster of Krisnapalli Prathamik Vidyalaya, Malda district of West Bengal ordered the third graders to strip for not doing their homework. The students who resisted were caned. The class had 48 students and all but two faced the punishment. Among the students, mostly from impoverished families, were pre-teen girls, whose parents took strong exception to the headmasters order. Only two of the 48 students in the class were found to have done their homework. When the others failed to answer the questions the headmaster asked, the parents said the headmaster told them to strip and stand on benches, brandishing his cane. Some obeyed. Those who resisted were caned ruthlessly. Case 30: Teacher breaks student's bone as 'punishment' On 13 August 2003, Mr Subba Rao, mathematics teacher of DAV Public School at Sufilguda, Hyderabad, Andhra Pradesh almost broke the upper portion of Ananditas left hand as punishment for not completing homework. Anandita's left hand was badly twisted by mathematics teacher Subba Rao for not completing the scheduled homework. It was only after the girl started complaining of excruciating pain that Subba Rao took a closer look at the arm. He found the upper portion severely injured. He informed the school authorities, who took her to a local orthopedic hospital. She was given first aid and the case was declared as medico-legal.

8.

Anti-Terrorism

measures

and

juvenile

justice.
Case 31: Arrest of children under POTA after Godra massacre in Gujarat At least seven boys, all said to be under the age of 16, were booked under the Prevention of Terrorism Ordinance by the Government Railway Police for the 27 February 2001 attack on a train in Godhra. Following a newspaper report on the biased manner in which POTO was used, the Government withdrew the ordinance against 62 persons, all Muslims. But the accused, including the seven boys, still face charges of murder, attempt to murder, criminal conspiracy, arson, rioting and damaging public property. In violation of earlier Supreme Court orders - that the families of those arrested should be informed within 24 hours - the boys parents were not informed, their lawyers said. Godhra town police station inspector K Trivedi claimed it was not possible to check their age at the time of arrest. ''They were seen near the site of the incident, so we arrested them. The rest, he said, will be taken care of by the judiciary Case32: Arrest of 16 year old Janki Bhuyan "I will die of hunger but not stay in this state. The MCC took away my father and the state took away my freedom." For 16-year-old Janki Bhuyian, the government is no better than the banned Maoist Communist Centre (MCC) in terms of making his life miserable. Bhuyian was arrested under the Prevention of Terrorism Act (POTA) for the dangers his outlawed father, Maoist Communist Centre area commander Sohan Bhuyian, poses. Sohan Bhuyan's name figures in the list of the most-wanted rebels in connection with a number of criminal cases. He has been eluding the police for many years. On 25 January 2003, Jharkhand Police barged into Garikala residence of Mr Janki Bhuyan and started hunting for Mr Sohan Bhuyan. Not finding him, they started grilling

the family members. When they pleaded innocence, the police took them to jail. While his mother was released later, Janki Bhuyian was booked under POTA and transferred to Kerdari Thana. Case33: Arrest of 15-year-old Shankar Karmali On the morning of 29 January 2002, the Jharkhand Police , the Jharkhand Armed Police and the Central Reserve Police Force were conducting cordonand-search operations at the nearby Khapia, Batuka and Salga villages in Jharkhand. Houses were demolished. Women, children and elderly people were dragged out and brutally beaten. Many youths were tortured. The security forces finally picked up 13 people including 15-year-old Shankar Karmali who was setting out for school. All 13 were arrested under POTA and jailed in Ranchi.Shankar Karmali was to appear for his high school final examination. His father, Gugan, had sent him to the district headquarters, 75 km away, to pursue his studies. Shankar lived in a rented room in town and only visited his village once a month to collect rice from his field for his own use. He was arrested for alleged links with the MCC and booked under POTA. His headmaster, deposing before the court, said Shankar was a brilliant student and had nothing to do with any underground activities. He was nevertheless taken into police custody. He was allowed to give his exams from inside the detention cell. He failed one subject but following a court directive was allowed to appear for a supplementary examination. Case 34: Arrest of 15 year old G Prabhakaran133 On 24 November 2003, the police arrested G. Prabhakaran (15) along with 25 others apparently because they could not locate his father, Gurusamy, a suspected Naxalite. A case against him was filed in the Othankarai Police Station under various sections of the Indian Penal Code, Indian Explosives Act and Indian Arms Act. He was presented before the Oothankarai Judicial Magistrate on 25 November 2003 and was remanded to judicial custody without checking if he was a minor. The boy's date of birth as per the school

transfer certificate was 11 May 1987. When Prabhakaran was produced before the Uthangkarai judicial magistrate, he was ``mechanically remanded to judicial custody" and was lodged along with the Naxalite prisoners. However, the Krishnagiri principal sessions judge, S. Ashok Kumar, granted bail, observing that the school certificate would prevail over the result of a radiological examination conducted to determine the boy's age. When the Government moved the POTA court at Poonamallee, it first asked that the boy be produced for ``age determination" and asked his counsel why bail should not be cancelled. In the writ petition to the Madras High Court, K. Chandru, senior counsel, questioned the POTA court jurisdiction, saying Prabhakaran should have been granted bail even at the time of arrest or kept in an observation home and produced before the Juvenile Justice Board. Mr. Justice Sampath of Madras High Court stated: "The rights of a child are an integral part of human rights, yet the protagonists of human rights hardly ever focus their attention on the exploitation and abuse of the rights of children". ''The POTA court, in the present case, has exceeded its jurisdiction and trespassed into another territory and the mischief has to be undone,'' Justice Sampath said in a 137-page order. In effect, the order would mean that the POTA charges against the boy should be dropped and only provisions of the Juvenile Justice Act should be applicable against him. In the petition, Prabhakaran prayed to the HC that the special court be prohibited from proceeding with an inquiry and all future proceedings with regard to the teenager. Case35: Arrest of 17 year old Ropni Kharia Seventeen-year-old Ms Ropni Kharia from Tira Masori Toli village under Palkot police station of Gumla district, Jharkhand was arrested under POTA. She is the only woman in the village to have passed the high school final examination and had reportedly been educating the women of the village on resisting patriarchal oppression. Some of the men in the village accused her of being a member of the Maoists Communist Centre, a radical left wing group, and

informed the police. The police searched her home several times but did not find any incriminating documents. The police also beat her father and other men in her family. She was arrested under the POTA, allegedly without any concrete evidence of her involvement with the banned group.

9.Abuses by the government security forces.


Case 36: Disappearance On 19 March 2003, Zahoor Ahmad Shiekh, 18, a painter and Arshad Ahmad Sheikh, 15 were picked up during a raid by Border Security Forces at their house in the Radio Colony, Srinagar, Jammu and Kashmir. Their house at Ikhraj Pora in Jawahar Nagar was raided leading to their arrest. The family said their "fault" is that their elder brother is a militant whose whereabouts are unknown for last five years. They have disappeared subsequently. Case 37: Rape of a Reang girl On 26 May 2003, a group of three Special Police Officers (SPO) jawans Sudhir Mullick, Sudip Saha and Surjya Das had been on duty in the Manoranjan Das para camp at remote Gandacherra subdivision under Dalai district, Tripura. The security forces came across a young indigenous Reang girl heading for a paddy field below the camp and made advances towards her with an indecent proposal. Stunned by the audacious approaches the girl rejected them summarily and kept on working in the field alone all through the day. When the girl was on her way back home at 4 pm in the afternoon, the trio waylaid and gang-raped her in the jungle near the road. Incensed by the girls resistance the three culprits pushed a cane up her sex organ. As a result, the girl fainted and started bleeding profusely. Finally other members of the SPO camp reached the spot coming out in search of their missing colleagues and took the girl home. The victims family filed a complaint with the Gandacherra police station naming the three guilty SPOs. The officers in the police station detained the trio but did not record the complaint in the register of the

police station. The victim girl had to be rushed to G.B.hospital in the capital Agartala in a critical condition. Case 38: Attempt to rape inside the temple of justice in Manipur On 16 August 2003, two personnel of the 6th Manipur Rifles attempted to rape two minor girls, Ms Forest Gate, 15 years and Ms Gangte Veng, 14 years from Churachandpur at the complex of Gauhati High Court, Imphal Bench. The security forces were guarding the High Court Bench. The girls were forcefully abducted at gun point from the gate of the court to the Court Room number 2 on 16 August 2003. The victims were passing through the gate along with two married women and a small girl. One of the persons who was with the girls managed to escape from the Manipur Rifles and informed the police and media persons immediately. The two jawans tried to rape both the girls. The jawans even threatened to shoot them if they declined to submit to their whims and at the same time began to harass them physically. The two victims further narrated that upon their denial to the Jawan's demand, the security personnel forced the girls to perform fellatio. On further denial, the jawans resorted to other forms of sexual harassment and started to rough up one of the victim. The whole incident took place at a sofa near the dock of the Court Room Number 2. The girls were rescued by the journalists. 39. Abuses by the government mercenaries Case: Forcible marriage In October 2002, 17-year old Shahzada of Dangerpora, Beerwah of Jammu and Kashmir along with her family had gone to Warpora, another village in Beerwah to join the marriage ceremony of one Mohammad Ramzan, a closed relative.158 After the ceremony concluded, Shahzada along with her 12-year old sister Shameema headed for their home. They were waiting for a bus at the local bus stop. A private car surfaced and they were kidnapped by the gunmen. The family identified the surrendered insurgent, Mohammad Moqbool Mir of Raayyar as the main culprit who is allegedly working for a Rashtriya Rifles unit. Three days later, their father was called in and "threatened not to

disclose the incident before anybody or face dire consequences". Some other surrendered insurgents Rasheed Khan, Fayyaz Khan and Nazir Denda from Rayyar were also present there. After some more days, 12 year old Shameema was released but Shahzada was kept in captivity. She was shifted from one hide-out to other and they allegedly outraged her modesty repeatedly. The family members met the Deputy Inspector General who directed the concerned district Superintendent of Police to take action. The SP asked SHO Beerwah to recover the girl who did it. The father was asked to take girl home. Fearing that here daughter may again be lifted, the father urged the SHO to provide the family security first. In the meantime, the girl was kept with a local resident of Beerwah and the father was asked to come three days later. "He visited the police station after three days but was shocked to find that her daughter was handed over by SHO to her abductors. But after three months, the girl managed to give them a slip. The fathers along with her family has now fled from their home and are hiding at one or other place, as the gunmen are still pursuing them. Earlier, the family lodged a writ petition in the High Court the state government "to file status report if the case is registered and in case of non registration, register and investigate it." The court also directed the police to provide them security and "called for stern and full-fledged action on part of police authorities as part of their legal duty." On 2 May 2003, Abdul Rehman Dar along with his two minor daughters, were assured by Jammu and Kashmir Finance Minister Muzaffar Hussain Beigh that the surrendered militants would be arrested within 48 hours. However, when they returned home at Dangerpora village in Budgam district on 3 May 2003, Dar was again put on notice by the group to marry his elder daughter, to one Mohammad Maqbool Mir, a father of three. Dar fled the village with his daughters. When he tried to stage a demonstration in front of the civil secretariat in Srinagar, police arrested them about half-a-kilometre from the secretariat and detained them for hours. The surrendered insurgents have threatened to kill Dar if he did not marry 17-year-old Suraiya to Mir. After Dar fled with his daughter, the surrendered militants were threatening to kill his wife and two little sons. 159

40. Abuses by armed opposition groups The armed opposition groups are also responsible for serious violations of Common Article 3 of the Geneva Conventions. The victims include children who are targeted because of the alleged crimes committed by their parents. Case : Killing of Nasreen A 17-year-old girl, Nasreen, was injected some poisonous substance and killed by members of the armed opposition groups at Dalasan village in the Thana Mandi area of Rajouri district on 24 June 2003. She was reportedly abducted from her house and later killed in the jungle. Case 41: Nadimarg Massacre On 23 March 2003, unidentified gunmen massacred 24 Kashmiri Pandits (Kashmiri Hindus) including 11 women and two children. Eyewitnesses said a group of heavily armed men dressed in army uniform entered into the Pandit dominated village, Nadimarg at 11.30 in the night. The gunmen straight away went to the police picket meant for the security of the pandits. They told the cops that they were to conduct a cordon and search operation and subsequently snatched the weapons including four SLRs, three 303 rifles, a carbine gun and wireless set from them. Later the armed men knocked at the doors of the houses of the Pandits and asked all people to assemble in the compound. The y broke open some doors and beat some people who were reluctant to come out. The gunmen forcibly took the Pandits out and huddled them in the compound. They fired indiscriminately on the people killing 24 persons including 11 women and two minor children. One person sustained injuries in the incident. Case 42: Massacre at Rajouri on 18 May 2003 In a gruesome incident, members of the armed opposition groups massacred six members of a family, including two children and four women, at MehraChokian village in the border district of Rajouri, Jammu and Kashmir on 18 May 2003. The members of the armed opposition groups slit the throats of the victims after they forced their entry into their house. The male members were away at a marriage function. The victims were Khatton Begum (60), wife of

Mehboob Bakarwal, Hanifa Begum (30), Zakra Begum (29), Taj Begum (20), Irshad Ahmed (4) and Mehroof Ahmed (2). They were butchered reportedly in retaliation against the killing of two of their men by security personnel. The victims were members of a policeman's family. The two massacred children were son of Wazir Hussain, whose wife, Hanifa Begum, was also killed.

Case 43: Massacre at Rajouri on 26 May 2003 On 26 May 2003, heavily armed opposition groups barged into the house of Kesar Din, a member of the Village Defence Committee at Keri Khwas in the border Rajouri district of Jammu and Kashmir and asked for food. After eating, they tortured the family members and later shot them dead. The deceased included Kesar Din (30 years), his wife Rakiya Begum (26 years) and children, Mohammad Khan (13 years), Raj Hussain (8 years) and Mohammad Shakeel (5 years). Before fleeing, they also set the house afire. Case 44: Gang-rape of Ms Kunjabati Reang On 30 July 2003, members of an armed opposition group gang-raped 15 year old Ms Kunjabati Reang and then burnt her alive to wipe off all evidence in remote Karbook area under Natun Bazar police station of south Tripura. According to details available from police a group of six armed NLFT militants stormed the house of tribal shifting cultivator Dhaliram Reang around 12-30 in the afternoon and looked for him. Both Dhaliram and his wife Bidyapati had gone to work in their jhum (shifting cultivation) field. The militants found Dhalirams daughter, Ms Kunjabati Reang sleeping alone in the hut and gang-raped her. Since the girl could identify one of her tormentors, the group kept her within the hut, locked it up and then set it on fire. Since other tribal settlements Dhalirams house was located on a desolate upland, none of the neighbours could hear Kunjabati's frantic cries for help and she was roasted alive. Subsequently Dhaliram and his wife came back home and saw what had happened and filed a complaint with the Natun Bazar police station. The post-

mortem conducted on slain Kunjabatis half-burnt dead body in Natun Bazar hospital confirmed gang rape on her. Case 45: Killing of nine-year-old girl, Nazia On 31 July 2003, nine-year-old girl, Nazia was killed while her 11 year old sister, Sarifa was seriously injured allegedly by members of the armed opposition group, Harkat-ul- Jehadi-Islami (HUJI) at Khablan village in the Thannamandi of Rajouri district of Jammu and Kashmir. A group of Harkat-ulJehadi-Islami members barged into the house of Nissar Hussain and asked her daughters about their father's whereabouts. Not satisfied with their answer, they mercilessly beat the family members. They hit Nazia, a daughter of Nissar Hussain with the rifle butt, killing her on the spot and injuring her sister Sarifa. Nazia received serious head injury resulting in her on the spot death. Sharifa was shifted to Rajouri hospital for treatment.

10.JUVENILE JUSTICE.
Case 46: The lack of funds to run juvenile court in Assam More than 200 cases are pending in the upper Assam's only Juvenile Court at the Observation Home, Lichubari, Jorhat for the last one and half years due to non-availability of service stamps at the court. According to official sources, warrants and summons could not be dispatched for 200 accused, under 15 years of age to wind up their cases. Several accused could not be contacted or called for further hearing to the court due to lack of service stamps of the Indian Postal Service due to lack of funds. According Ms R Farheen, Principal Magistrate of the Court, due to fund crunch, the cases remained pending, as warrants could not be sent to defaulters and accused putting them in a fix, as, in many a case, cases later on take new turn. The Observation Home at Lichubari is the only home of the State Social Welfare Department covering ten districts - Karbi Anglong, Lakhimpur, Silchar, Nagaon, Dibrugarh, Darrang, Sonitpur, Jorhat, Sivasagar and Tinsukia. Case 47: No Juvenile board in Punjab, Haryana and UT of Chandigarh

Two years have lapsed since the Juvenile Justice (Care and Prevention) Act came into force, but Juvenile Welfare Boards are yet to be constituted in the states of Punjab and Haryana, besides the Union Territory of Chandigarh. Case 48: Juvenile home lacks child welfare panel in Andhra Pradesh The Juvenile Welfare Home for Boys at Saidabad, Andhra Pradesh does not have a full-fledged child welfare committee to monitor its functioning though the Juvenile Justice Act. The Act specifies that a four -member committee is a must. However, for the past two years, the committee has been functioning with just two members, that too a couple. The couple G F Prabhakar and his wife G Lakshmi run a home for street children named Karuna Nilayam. However, they managed to become members of the committee and Prabhakar is now the ad-hoc chairman. The couple became members before the new Act was passed and were part of the AP Juvenile Welfare Committee. They submitted their resignations in September 2002 but were asked to continue till a new committee was formed. The new Committee is yet to be formed. Case 49: Inhumane and degrading treatment of Puli Shiva, Orissa Master Puli Shiva, 9 years, is a resident of Nejipelli village under Berhampur police station of the Balasore district of Orissa. On 16 March 2003, Puli Shiva was trying to steal some money by breaking the box attached to the motorcycle of one Akshaya Behera, an LIC agent. Seeing this, some people present on the spot tried to catch hold of him. But Puli by throwing the moneybag on the ground ran away. The police managed to catch and produced him before the court. It was while being taken to the court that Master Puli Shiva was meted out inhuman and degrading treatment. He was tied with a rope ar ound his waist like a hard-core criminal and made to walk bare foot. Case 50: Death of juvenile detainee Sukant Das, Orissa Mr Sukant Das, 14 years was arrested in a theft case by Puri Ghat police on 23 June 2003. While he was being taken to Berhampur based juvenile home from Cuttack boarding Howrah-Chennai Mail, two constables belonging to Puri Ghat police station were guarding him on the train. After the train crossed Khurda

railway station, the constables after tying up the hands of Mr Das with a rope, instructed him to sit on the upper berth. Later they had taken rest on the lower berth. Some passengers who were traveling on the same berth stated that when Sukant Das sought their permission to go to the toilet, they reportedly misbehaved with him. After the train crossed the Tapang passenger halt, Sukanta jumped outside from the speeding train and died on the spot. Case 51: Juvenile detained in prison On 6 August 2003, Mumbai High Court awarded a compensation of Rs 15,000 to 16-year old Iqbal. He was arrested in a robbery case. Iqbal was 16 when picked up in a murder case. But the police decreed that he was 20 and sent him into Thane Central Prison. Ten months later the Sessions Court scrutinised his documents and medical reports and confirmed that he was a minor. It took another three months and writ petition before he was transferred to the Dongri Observation Home. The Bombay High Court awarded compensation of Rs 15000 for delay to transfer him as the Juvenile Justice Act specifies that suspects under the age of 18 have to be placed in an observation home. Hundreds of minors are reportedly languishing in Maharashtras prisons and denied the protection of the Juvenile Justice (Protection and Care) Act. The magistrates are supposed to order age verification if a suspect seems under 21 years involving scrutiny of birth or school certificates and bone ossification tests. "But most dont even look up from their paperwork.

11. CHILD VICTIMS OF GUJARAT RIOTS.


Case 52: Burning to death of 6 year old Imran Mr Nasir Khan Rahim Khan Pathan, Principal of Sunflower School was a witness to the attack on Noorani Masjid, Naroda Patiya in Ahmedabad on 28 February 2002. Amidst rape and killing of women, Mr Khan Pathan stated, I saw with my own eyes, petrol being poured into the mouth of 6-year-old Imran. A lit matchstick k was then thrown into his mouth and he just blasted apart. At

least 80 people were burnt alive and thrown into the well, Tisra Kuan, near Gangotri and Gopi Park, behind ST workshop. .. I saw as many as 120 persons burnt alive and had the misfortune of witnessing four rapes. Besides, 5-10 young girls were whisked away to God knows where. Case 53: Attack on Noorani Masjid On 28 February 2002, Ms Amina Appa was witness to the massacre. The Noorani Masjid, which is behind the basti along the road, was targeted by a mob of about 50-100 persons. Then, Shafiq, an 18-year-old boy, was critically injured in firing. He bled to death. That terrible day, I was hiding with some others on the roof of my house. From there, I saw my dearest friend Kauser Bano (reside nt of Pirojnagar, opposite Noorani Masjid, Kumbhajini Chawl, Naroda Patiya) raped, her unborn baby slashed out from her womb before being tossed into the fire to be roasted alive. Thereafter, she too was brutally cut up and torched. She was 9 months pregnant. There is not a single woman resident of Hussain Nagar whose dignity was left intact. They were all raped, cut to pieces and burnt. Case 54: Noor-un-Nissa (12 years old) as witness We were in the farm when lots of people came shouting and started attacking us. My chacha (uncle) fell down and some men placed a sword on my fathers neck. We were trying to run up the hill to save our lives. Allah saved us. I remember seeing a woman crying because her baby was thirsty. I did not see them after that. My mother was with me and so was my khala (aunt). My father is alive but my uncle was killed in front of us. I was begging everybody, "Please dont kill my father, please dont kill my mother!" One Fakirbhai, who is a flourmill worker had his head chopped off. I almost fainted out of exhaustion when one Bhil told me to run away fast. Two adivasis took me into their house. They changed my dress and made me put on a lengha (scarf). The crowd came and started shouting, "Nikalo, nikalo!" (bring them out, bring them out). But they said there is no Muslim in the house. Then the police arrived and I got saved. The deceased: Fakirbhai and chacha of Noor-un-Nisa beheaded.

Case 55: Judiciary on trial: The Best Bakery case A bakery named Best Bakery was burnt in the Hanuman Tekri area of Vadodara on March 1, 2002 and along with that, a number of persons were killed or injured. In total 14 persons, including 3 women and 4 children, killed; most of them burnt to death. One of the eyewitnesses Sheikh Zahira Habibullah provided the following testimony on 21 March 2002: Jayanti Chaiwala, Mahesh Munna painter, Thakkar ke do ladke, all led a mob of about 500-700 people that attacked our bakery on March 1, at 8 p.m. They were flinging petrol bombs on us and were shouting that they will loot and burn us. Three trucks full of timber were burnt and destroyed. We phoned 100 (Control room) and even contacted the policemen at Panigate police station. They kept saying, "Hum aa rahe hain" ("We are coming.") An hour and a half later, around 9.30 p.m., a police vehicle passed by the bakery, stopped briefly and then drove away without doing anything to stop the mob. It was after the police had come and gone that the mob started its destruction. There were shouts, filthy abuse and threats to rape us. The entire mob had surrounded us. They looted and torched the ground floor store room and workers room. Twenty of us, along with our mother, remained trapped and terrified on the terrace, as they burnt eight people to death. My mama, my sister, Shabira and my mamas children, Zainab and Shabnam (twins) were burnt alive along with the workers in the bakery. Out of the 18 of us present, 10 members, including 3 women and 4 children, were killed in the night itself. My mother kept begging that she had no support except for her sons. Our three Hindu servants stomachs were slit open. Two of my brothers were burnt alive; two others were tied up and torched. They are struggling for their lives in the hospital. My mother, Zairunissa and two brothers, Nafiullah and Nasiullah, are very serious; my sister is also serious. In all, 14 persons were burnt and killed, including my two sisters and my bhabi. My chachas entire family and one sister were burnt alive. Even our domestic animals, like goats, were not spared. All the attackers were from the mohalla. I filed a complaint naming all the accused but the police have refused to give me a

copy of the complaint. I want justice, that is all. I want all the accused to be punished. If the police had done its job, this tragedy would not have occurred. All the 14 people killed were thrown into the fire. This included four children, three women (my sister Shabira and two chachis). Kausar mama was cut into pieces and flung into the fire. Two bodies we could not find. Jayanti Batija is the main culprit. He told us that afternoon that we should not worry, he was there, nothing would happen to us and then in the night they attacked. Two young men, Firoz and Nasru, were also killed. From 8 p.m. in the night to 10 a.m. the next morning, their dance of death continued. The main culprits are the policemen in the police van from Panigate police station who passed by our bakery and our house at around 9.30 p.m., stopped briefly and then drove away. A Hindu, who owns the Phoolchand bakery, was part of the attackers and he took away the ample stock of flour, ghee and other things. I am very lucky to have survived. The next morning, three of them dragged me far from the house, near a small thicket. One man, pointing a talwar at me, told the others to rape me. Just then the police came. The next day, March 2, I went to the police station and found out that the first FIR registered by the police was false. It said that the victims were sleeping when they were burnt. I ha d witnessed what happened to my sister Shabira and Mama Kausar. Yet they have not given me a copy of FIR.