An Initiative for the Wellbeing and Protection of India's Children
THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD
The United Nations Convention on the Rights of the Child (UNCRC) lies at the very core of child rights practice around the world. In 1989 world leaders united to make a promise to not only protect but to ensure healthy growth and development of our child(ren), individually and collectively. 196 countries have ratified the UNCRC portraying solidarity and concern for the wellbeing of our children. The United States of America is the only country to have abstained from signing the Convention.
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The UNCRC is a comprehensive provision for child protection in international law and the most universally ratified treaty in existence. It contains the full range of civil, cultural, economic, political and social rights of children.The following four Articles are considered the guiding principles for all matters related to the subject. Any judgement, decision, programming or activity affecting children, either directly or indirectly, must take into consideration all of these.
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However, taking into consideration cultural differences and the complexities of childhood with the influence of nature, nurture, the social and political environment, a child rights based approach is more relative than objective. While we need to consider multiple factors for the wellbeing of a child, the guiding principles and other rights mentioned in the UNCRC act as guidelines which help in decision making.
THE UNCRC IN A NUTSHELL
*Image courtesy UNICEF
Let's Understand
There are 42 child rights recognised by the UNCRC. These rights are:
Indivisible: None of the rights cann be realised in isolation. Child Rights is a holistic approach and fulfilling one right will help to fulfill others. For example, if a child is guaranteed his/her right to education, by default the child will be protected from be engaged in child labour. If a child's right to food, clothing and shelter is fulfilled, the child is in a better position to enjoy his right to education, play and development. Therefore Child rights are organically linked to eachother.
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Interdependent: Like rights cannot be separated or realised in isolation, the scope of their impact on a child is determined by the status of other rights as well. A child with disability cannot be included successfully in a school if he/she is being discriminated against at home. Therefore neglect at home will interfere in the child's right to education. Similarly, in order to successfully integrate a child in conflict with law into society we have to ensure all the other rights of the child like right to family, right to identity, right to education etc, are being fulfilled.
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Inalienable: No right, partially or completely, can be taken for granted or denied. Child Rights are not conditional and cannot be used as a reward or punishment. If a child is above 14 years and is permitted to work, he/she cannot be employed under any working conditions. In addition, their provisional rights, participation rights and development rights that apply at their age must be fulfilled. Similarly, a child may be homeschooled but parents must ensure that the education fulfils the basic standard set by the state. So while the right may be fulfilled, one has to ensure that it is realised in its entirety and spirit.
CLASSIFICATION OF CHILD RIGHTS
The Rights of Children as embodied in the UNCRC may be grouped into 3 broad categories. The classification helps us in understanding the role and importance of specific rights in the wellbeing of a child. Child Rights is not limited to the protection of children and will remain incomplete without the ensuring that their right to provision and right to participation is also being fulfilled. A compromise in even one of these is a violation of child rights. Taking the right to provision, protection and participation into consideration while serving a child is a holistic child rights based approach.
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