A
historical summary of children's rights evolution
The
UN Committee on the Rights of the Child met for its to begin with formal
session in September/October 1991, it talked about the exceptionally meaning of
Children's Rights. The committee concluded that the Tradition on the Rights of
the Child was almost human rights for children. The detailing of the standards
draws much from Articles 2, 3, 6 and 12 of the tradition itself[1]. Dr.
Bijay Singh Sijapati's book "Child Rights and Juvenile Justice,"
describes the following [2]:
Theory of non-Discrimination
The
committee on the rights of the child has identified a general principle that
requires all children to have their rights respected and to be free from
discrimination. Article 2 expresses the obligation to ensure equality of
opportunities for children, stating that "States parties must respect and
guarantee the rights outlined in this convention to every child within their
jurisdiction, without any form of discrimination based on the child's parents
or legal guardian, race, color, sex, language, religion, political or other
opinion, national, ethnic or social origin, poverty, disability, birth, or
other status."
Theory of best interests of the child
When
children are very young, they are especially vulnerable and require specific
support to fully enjoy their rights. How can children be given equal rights
while also receiving the necessary protection? The principle of the best
interest of the child, as expressed in Article 3:1, holds part of the solution.
"In all actions involving children, whether carried out by public or
private social welfare organizations, courts, administrative authorities, or
legislative bodies, the best interest of the child must be a primary
consideration."
The
right to life article is most closely associated with the economic and social
rights of children. It extends beyond simply giving children the right not to
be killed; it encompasses the right to survival and development as stated in
Article 6:2, which says: "State parties must ensure, to the fullest extent
possible, the survival and development of the child."
Theory of the views of the child
It
is evident that there is a widely agreed upon principle emphasizing the
importance of valuing a child's perspective. In order to truly comprehend a
child's desires and needs, it is essential to actively listen to them. As
outlined in Article 12:1, children who are capable of forming their own
opinions should be granted the right to freely express their views on matters
that concern them, taking into consideration their age and level of maturity.
These
four fundamental principles shape our overall perspective on children and their
rights, emphasizing the belief that children are just as deserving of equal
treatment and respect as any other human being. By acknowledging and upholding
these principles, we can create a world where all children are treated with
dignity, respect and equality - ultimately contributing towards building a
better future for our society as a whole.
[1]
INTERNATIONAL CHILD AND YOUTH CARE
NETWORK, Today, 20 NOVEMBER 2001, An African viewpoint on ensuring rights for
children, The Four Principles of Child Rights
https://www.cyc-net.org/today2001/today011120.htmlRetrieved 29 May 2019
[2]
Sijapati, Dr. Bijay Singh, Child Rights and Juvenile Justice, 2070 B.S., 1st
Edition, Pairavi Prakashan, p17-20
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