Child Rights Scenario in Nepal

Ramesh Kumar
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Introduction


Child
There were no child safety regulations in the early 20th century industrialized nations. They frequently worked in unsafe and unhygienic environments alongside adults. A growing movement to better protect children has resulted from an increasing awareness of the injustice of their circumstances, driven by an improved understanding of the developmental needs of children. Over the past century, there has been a significant advancement in international standards for children's rights; however, there are still gaps in the realization of these ideals.

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


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