All Papers/Child and Women Development (2022-23)/Q11
Q11
15 Marks

Part C (Q11): Write a detailed note on the Rights of Child.

Expert Answer

The concept of Child Rights represents a massive global paradigm shift. Historically, children were viewed as the "property" of their parents or as passive objects of charity. Today, under international law, children are recognized as independent human beings with their own distinct, inalienable rights.

The bedrock of child rights is the United Nations Convention on the Rights of the Child (UNCRC), adopted in 1989, which India ratified in 1992. The UNCRC defines a child as any human being below the age of 18.

The rights of the child are broadly classified into four major categories (often called the 4 Ps):

1. Right to Survival

This encompasses the absolute basic rights required to stay alive and grow.

  • The right to life.
  • The right to the highest attainable standard of health and medical care.
  • The right to adequate nutrition, clean drinking water, and a safe, hygienic living environment.
  • The right to a name and nationality from birth.

2. Right to Development

These rights ensure that a child can reach their full physical, cognitive, and emotional potential.

  • Education: The right to free and compulsory primary education (codified in India by the RTE Act, 2009).
  • Play and Culture: The right to rest, leisure, play, and participation in cultural and artistic activities.
  • The right to access information from various media sources that are beneficial to their well-being.
  • The right to special care and training if the child has a physical or mental disability.

3. Right to Protection

Children are inherently vulnerable and require a protective shield from society.

  • Protection from all forms of physical or mental violence, injury, abuse, neglect, or exploitation within the home, school, or community.
  • Protection from economic exploitation (Child Labour).
  • Protection from sexual exploitation and sexual abuse.
  • Protection from involvement in armed conflicts or the illicit drug trade.
  • The right to special protection and rehabilitation for children in conflict with the law (juvenile justice).

4. Right to Participation

This is the most radical and often ignored aspect of the UNCRC. It recognizes that children are not just passive recipients of adult decisions.

  • The right to express their views freely in all matters affecting them, and for those views to be given due weight in accordance with their age and maturity.
  • The right to freedom of expression, thought, conscience, and religion.
  • The right to peaceful assembly and association.

Guiding Principles of the UNCRC: Whenever adults (parents, courts, or the government) make decisions concerning a child, the absolute guiding principle must be the "Best Interests of the Child." Furthermore, these rights are universal and must be applied without any discrimination based on race, gender, religion, or disability.