The National Human Rights Commission (NHRC) of Nepal is an independent and autonomous body established in the year 2000 under the Human Rights Commission Act 1997. The Interim Constitution of Nepal-2007 upgraded the status of the Commission as a constitutional body.
The Article 132(1) of the Constitution has stated that the Commission shall have the duties of ensuring respect protection and promotion of the human rights and their effective implementation.
Depending upon the seriousness of the issues, the Commission has been publishing the different reports, from time to time, with objectives of disseminating the information on its activities to the stakeholders and the general public, making public the status of the human rights and drawing the attention the government. In accordance with these objectives, the Commission has published this annual report (January 2008 – December 2008) compiling the report on the monitoring and the investigation of the cases based on complains registered in the Commission, including the status of the Child Rights and their legal aspects. The report has also included the recommendations of the Commission forwarded to the Government of Nepal and the political parties; the promotional activities and the reformative aspects initiated by the commission. The report is mainly based on complains received by the Commission, the facts collected during monitoring and investigation and the information received from the media, different organization and other sources.
While all the details of the violations of the child rights, excesses and discoursing events were not possible to be incorporated in the report because of the lack of resources and time, the report, nevertheless, has attempted to give the accounts of status of the child rights of 2008.
Child Rights are the rights implemented especially on the children to ensure rights from their prenatal stage to the stage of adolescent. CRC has made provisions that fulfillment of the responsibilities related to the Child Rights lie both on the guardians and the State. Uniformity lacks also in Nepal in defining the child in accordance with the age. CRC has maintained age bar of 18 years as the limit of the age of the child where as the Child related Act, 1992 -- the national law of Nepal—has recognized age bar of 16 years as the limit of the age of the child. However, as a signatory to CRC, Nepal is likely to follow the parameters set by CRC. As per the National Census-2001, among the total population of 20 million 31 hundred-thousand, 51 thousand 423, the population of the children in Nepal figures as 39.30 per cent below 14 years, 43.13 per cent below 16 years and 47.5 per cent below 18 years.
Within the span of one year, positive attempts and activities were recorded in the Child Rights sector. The pronouncement of the Supreme Court made on December 20, 2007 regarding the rights of the third gender can be taken as a positive step. According to the report of UNICEF published in 2006, the mortality rate of the children in Nepal has been reduced. The global mortality rate of the children below 5 years of age remains as 26 thousand per day. The report has stated that the mortality rate of the children in Nepal at present is 61 per thousand which is 67 per cent less in comparison to statistical data of last one decade. The Government of Nepal has passed bill on the State Code relating to Abduction (12th amendment)-2006. The bill has made provision of the imprisonment of 15 years and penalty of sum of Rs 50, 000 to Rs. 2, 00,000/= to those found guilty in the criminal activities of abduction, illegal detention and holding citizens as hostage with intentions of killing, trafficking, forced sexual intercourse, prostitution, torture and extortion. Abductor of children shall be sentenced to the imprisonment of 17 years in jail. Similar punishment shall be awarded to those involved in motivating, passing orders and having agreement with the abductors. Partners...
...UN CONVENTION ON THE RIGHTS OF THE CHILD
The UN Convention on the Rights of the Child was brought into effect to recognise that Children needed their own set of specific human rights that should be protected and that these were a universal right not a privilege. The UN Convention on the Rights of the Child was drawn up and accepted by the UN in 1989. The UK government agreed to abide by the principles in 1991 and it was fully implemented in 1992. The UN Convention on the Rights of the Child is the most universally recognised set of standards for protecting the rights of children and numerous countries have agreed to abide by it. The Convention forms a set of articles that highlight the minimum entitlements of all children. These articles have been split into four main categories: the general requirements for all the rights; the basic rights to life, survival and development of one’s full potential; being kept safe from harm; and respecting the views of the child. The Convention also sets out minimum standards in areas such as health care, education and social services to protect those children’s rights. There are 54 articles in total that apply to all children with no exceptions, here are two examples; Article 19 states that all young people have the...
The Rights of the Child
* Children's Rights in India
1. Children right of protection
Child sexual and emotional abuse in India
hildren abuse is considered as a serious phenomenon in many countries around the world in which a person below the age of eighteen is being emotionally and sexually maltreated. I had chose India because India as in other countries lacks the understanding of the extent and trends of the problem. India has to acknowledge the consequences of the child abuse, which absolutely has serious physical and psychosocial that affect the health and overall well-being of a child. The issue of child abuse and violation is one of the most critical matters on the international human rights agenda. Hence, in Indian the acceptance of childrights as primary inviolable rights is fairly recent, as is the universal understanding of it. Therefore, the Ministry of Women and Child Development, and the government of India, in 2005, attempts to understand the extent of the problem, its dimensions as well as its intensity.
A. Child emotional abuse:
The World Health Organization has defined this issue as "Emotional abuse includes the failure to provide a developmentally appropriate, supportive environment". In addition, the main forms of...
DEFINITION OF CHILD AND MEANING OF CHILDRIGHTS
(ChildRights and Social Action)
3rd Year Hons.
Topic: Definition of a child and meaning of childrights
INTRODUCTION TO CHILDHOOD
Children and childhood across the world, have broadly been construed in terms of a ‘golden age’ that is synonymous with innocence, freedom, joy, play and the like. It is the time when, spared the rigours of adult life, one hardly shoulders any kind of responsibility and obligations. But, then, it is also true that children are vulnerable, especially when very young. The fact that children are vulnerable, they need to be cared for and protected from the ‘harshness of the world outside’ and around. This being so, the adult-child relation, parents in particular, is said to provide ‘care and protection’- serving thereby the ‘best interests of the child’ and meeting their day-to-day ‘needs of survival and development’. The adult is presumed to be the guardian and in that respect expected to take the responsibility of child’s welfare and development. Whether or not, the premise underlying this is correct or not, the childhood ‘reality’ on the whole is questionable, demanding critical evaluation. Accordingly, idealistic notions and representations associated with children and childhood have been...
...Violation of ChildRights
First of all, if we want to talk about violation of childrights we have to define childrights, what they are, and to whom they are intended.”A child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier.", World leaders in 1989 decided that children needed a special convention, because children often need special care and protection that adults do not. The leaders also wanted to make sure that people under 18 year old have human rights too.
UN Convention on the Rights of the Child was adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 and entry into force on September 2nd 1990. The Convention spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. The four foundation principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in...
...on the Rights of the Child UPHOLD BY UNICEF
The rights of education are stressed out in the Convention on the Rights of the Child in article 23, 28 and 29 respectively. In these articles, it is about the right of mentally or physically incapacitates children, the right of children to educations and all that goes with it such as disciplines and among other things.
In article 23 (1) of the Convention on the Rights of the Child is where the States Parties will recognised a mentally or physically disabled child and they should enjoy a full and decent life, to ensure dignity, promote self-reliance and facilitate the child's active participation in the community. Children who have any kind of disability have the right to special care and support, as well as all the rights in the Convention, so that they can live full and independent lives.
Article 23(2) and (3) of the convention talks about the special rights of the disable child and the extensions that will be given to the disabled child using available sources which may be deem appropriate to the child's condition and to the circumstances of the parents or others caring for the child. Also, the articles talks about that the assistance will be extended in accordance with paragraph 2 of the present...
Rights of the Child
Assignment: Discuss in detail how the principle of the Best Interest of the Child has been applied in Kenyan Courts
Presented by: Mugangu Marie Providence
Year: 4th year/ 2nd semester
Reg. No: 1016393
Unit code: CLS 413
Lecturer: Mr. Dunstan Omari
Date due: 14th March, 2013
The Best interest of the Child is a concept that has now gained international recognition and has been incorporated not only in international instruments1 but also in domestic laws of several countries. Children like women originally had more or less the value of property or were considered statements of wealth rather than individuals entitled to rights and protection; and when women were finally granted rights that were previously denied to them the child was alas not given the same. Indeed the child was assimilated with the mother and the understanding was that if the mother is happy so is the child. In other words the child was identified as being “a part” of the mother so that if the issues related to mothers are addressed so are the issues related to children.
The best interest principle was introduced as a way of making a distinction between the mother and the child and of recognising the child as an independent...
The implementation of the Convention on the Rights of the Child in the Caribbean was met with the issue of parental resistance. The concept of children's rights was characterised as foreign to parents. The critical traits valued in the Caribbean are obedience and mannerliness. As a result, the concept of Children's Rights is seen as undermining the right of the parent to control and discipline thechild and develop the valued traits.
The Convention for the Rights of the Child was signed by Barbados on 19 April 1990 and ratified on 9 October 1990. At the time of ratification, some of the legislative requirements necessary to implement the Convention were already in place. "Since ratification of the Convention, two areas were specifically addressed, namely:
(a) the non-imposition of capital punishment in respect of convicted offenders under the age of 18 years;
(b) the provision of legal services to and for the benefit of minors."
In order to assist in the publicizing of the Convention, many activities were held. These include the following:
Several discussions on the Convention were held with various schools, Parent- Teacher Associations, churches and youth groups across the island. These were held as a part of the Child Care Board's commitment to public education.
Government Information Service made a commitment to...
... These are the basic rights of children.
Children can demand these things from their parents and elders. Most of the children are not aware of their rights. Hence, it is the responsibility of the adults to make them aware of their rights.
Children are tender are small. Children are dependent on the elders. The future of every child depends on the care, facilities and opportunities they get during their childhood. Therefore, if children do not get what they need, they cannot grow up to become worthy citizens of the country. In order to grow up properly, some basic needs are to be fulfilled as their right.
Some Right of Children
All the Children have the following rights:
• Right to food.
• Right to clothing.
• Right to shelter.
• Right to education.
• Right to entertainment.
• Right to good health and proper nourishment.
• Right to name and country.
These are some of the rights. All these rights are called rights. It does not matter weather a child in rich or poor, has parents or in an orphan, is strong or weak, sick or healthy, all have the same rights.
Protection of ChildRights
An international conference held under the supervision of UNO in 1989 AD,...