Children's rights regulated
by International Laws
In 1924, the Declaration of the Rights of the Child was put together with the help of the United Nations, and it was the first time that five core principles were established that recognized children's rights worldwide. The first law for the rights and needs of children came from the Children's Act of 1992 (Gajurel, D., 2008). Below is the actual text of the Declaration on the Rights of the Child issued by the International Save the Children Union in Geneva on February 23, 1923:
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 done a truly amazing job by becoming the 54th country to permanently ban corporal punishment of children. Now, children have the right to be protected from any form of corporal punishment (Guragai, D., 2019).
After ratifying the Convention on the Rights of the Child, the Children Act 2018 came to replace the Children Act, 1992. A major change was the ratification, which passed the new Children's Act. It only focuses on children's rights. Section 2(j) defines "child" as meaning below 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
foundation for the important criteria that every child must follow in order to
reach their full health and developmental potential. The Convention on the
Rights of the Child recognizes and legitimizes these demands as basic human
rights that every child has. Caregivers and responsible adults must take
proactive steps to ensure children's rights are fulfilled. As a result, the
Convention requires governments and other individuals to ensure the protection
of all children's rights.
References