In the industrialized countries of the early 20th century, there were no child protection
standards. It was common for them to work alongside adults in unhealthy and
dangerous conditions. Growing recognition of the injustice of their situation,
fueled by a better understanding of children's developmental needs, has led to
a movement to better protect them. International standards for children's
rights have advanced dramatically over the past century, but there are gaps in
the realization of these ideals.
Children's rights regulated by International Laws
For the first time in history, in 1924 under the League of Nations, a declaration, the 1924 Declaration of the Rights of the Child, was issued with five principles recognizing children's rights internationally reserved. The Children Act 1992 was the first law dedicated solely to the rights and concerns of children (Gajurel, D., 2008). The text of the document, as published by the International Save the Children Union in Geneva on 23 February 1923, Declaration on the Rights of the Child is as follows:
1. The child must be given the means requisite for its normal development, both materially and spiritually.
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.
3.
The child must be the first to receive
relief in times of distress.
4.
The child must be put in a position to
earn a livelihood, and must be protected against every form of exploitation.
5.
The child must be brought up in the
consciousness that its talents must be devoted to the service of its fellow
men.
Children's rights regulated by Nepalese Laws
Nepal has become the 54th country in the world to ban
all forms of corporal punishment of children under all circumstances, a
remarkable achievement. Children now have the absolute right to be protected
from all forms of corporal punishment (Guragai, D., 2019).
The Children Act 1992 was superseded by the Children
Act 2018 due to the ratification of the Convention on the Rights of the Child.
The ratification of the Convention was one of the most important developments
followed by the enactment of the Children Act. It is entirely dedicated to
children's rights. Act Relating to Children 2018, Article 2 (j) “Children”
means persons who have not attained the age of eighteen years.
Article 39 of the 2072 B.S. Constitution of Nepal stipulates the fundamental rights of children as follows:
1. Every child shall have the right to his or her identity and name.
2. Every child shall have the right to education, health,
nurture, appropriate care, sports, entertainment and personality development.
3. Every child shall have the right to preliminary child
development and child participation.
4. No child shall be employed to work in any factory,
mine or engaged in any similar other hazardous work.
5. Child marriage, illegal transportation, abduction or
kidnapping of any child shall not be allowed.
6. No child shall be admitted or used in army, police or
armed groups or mistreated or neglected in any way in the name of cultural or
religious tradition or exploited physically, mentally, sexually or used in any
inappropriate way.
7. No child can be tortured physically, mentally or in
any other way in home, school, or any other places and conditions.
8. Every child shall have right to child-favored justice.
9. The helpless, orphan, disabled, conflict victim,
displaced, and vulnerable children shall have the right to get special
protection and facilities from the State.
Under the title of 'to be the Citizen of Nepal' in part two of the constitution, article 11(4) has stated that "Every minor who is found within Nepal and the whereabouts of whose father and mother are not known shall, until the father or the mother of the child is traced, be a citizen of Nepal by descent".
Conclusion
Children's needs are the
basis for common standards by which all children should be treated so that they
can reach their full health and development potential. The Convention on the
Rights of the Child codifies these needs and recognizes them as human rights to
which all children are entitled. Children's rights can only be realized if adults
responsible for children take the necessary steps to make them a reality.
Accordingly, the Convention places responsibility on governments and other
adults to take all necessary measures to ensure the realization of all rights
of all children.
References
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