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Q.
Discuss international efforts made for welfare of children. Refer to
various international conventions and recommendations pertaining to
children.
First effort was UNICEF 1946.
In
the Universal Declaration of Human Rights, the United Nations has
proclaimed that childhood is entitled to special care and assistance.
Most important effort - Convention on the Rights of the Child aka CRC 1989.
Built
on varied legal systems and cultural traditions, the Convention is a
universally agreed set of non-negotiable standards and obligations.
These basic standards—also called human rights—set minimum entitlements
and freedoms that should be respected by governments. They are founded
on respect for the dignity and worth of each individual, regardless of
race, colour, gender, language, religion, opinions, origins, wealth,
birth status or ability and therefore apply to every human being
everywhere. With these rights comes the obligation on both governments
and individuals not to infringe on the parallel rights of others. These
standards are both interdependent and indivisible; we cannot ensure
some rights without—or at the expense of—other rights.
A legally binding instrument
The
Convention on the Rights of the Child is the first legally binding
international instrument to incorporate the full range of human
rights—civil, cultural, economic, political and social rights. In 1989,
world leaders decided that children needed a special convention just
for them because people under 18 years old often need special care and
protection that adults do not. The leaders also wanted to make sure
that the world recognized that children have human rights too.
The
Convention sets out these rights in 54 articles and two Optional
Protocols. It 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 core
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 the Convention is inherent to the human dignity and
harmonious development of every child. The Convention protects
children's rights by setting standards in health care; education; and
legal, civil and social services.
The Convention is the principal children's treaty encompassing a full range of
civil, political, economic, social and cultural rights. The Convention aims at
protecting children from discrimination, neglect and abuse. It grants and
provides for the implementation of rights for children both in times of peace
and during armed conflict. The Convention constitutes a rallying point and a
useful tool for civil society and individuals, working for the protection and
promotion of the rights of the child. In many respects, it is an innovative
instrument.
The Convention acknowledges that every child has certain basic rights,
including the right to life, his or her own name and identity, to be
raised by his or her parents within a family or cultural grouping and
have a relationship with both parents, even if they are separated
Key Provisions
It is the first legally binding international instrument, which
provides in a single text universally recognized norms and standards
concerning the protection and promotion of the rights of the child.
It is the most rapidly and widely ratified international human rights
instrument in the world. Such unprecedented wide participation clearly
demonstrates a common political will to improve the situation of
children.
The Convention emphasizes the spirit of complementarity and
interdependence of human rights by combining civil and political rights
with economic, social and cultural rights. It calls for a holistic
approach in analysis and recognizes that the enjoyment of one right
cannot be separated from the enjoyment of others.
It establishes a new vision of the child, combining provisions aimed at
protecting the child through positive action by the State, the parents
and relevant institutions, with the recognition of the child as a
holder of participatory rights and freedoms.
In so doing, it establishes rights in new areas which were not covered
by previous international instruments, such as the right of the child
to freely express views and have them given due weight, and the right
of the child to a name and nationality from birth. In addition the
Convention established standards in new areas including the issue of
alternative care, the rights of disabled and refugee children; and the
administration of juvenile justice. The need for recovery and social
reintegration of a child victim of neglect, exploitation or abuse is
also set forth.
The Convention acknowledges the primary role of the family andparents
in the care and protection of the child, while stressing the obligation
of the State to help families in carrying this task. It calls for
positive action by institutions and the State or parents.
It constitutes a useful tool for advocacy and greater awareness of the
new perspective of children's rights, and attaches special importance
to international cooperation and assistance as ways of achieving the
effective protection of children's rights.
Four general principles are
enshrined in the Convention. They express the philosophy it conveys and provide
guidance for national programmes of implementation.
Key provisions focus on:
Non-discrimination;
Best interests of the child;
Right to life, survival and development;
Views of the child.
Article 43 of the Convention
establishes the Committee on the Rights of the Child, a monitoring body of ten
experts, for the purpose of examining the progress made by States parties in
implementing the Convention.
Optional Protocols to the Convention on the Rights of the Child
The
Convention protects children from harmful work and the Optional
Protocols offer additional protection from the worst forms of
exploitation.
Optional Protocol on the sale of children, child
prostitution and child pornography - Commercial sexual explSoitation of
children—such as the sale of children, child prostitution, child sex
tourism and child pornography—are prevalent all over the world.
UNICEF 1946
UNICEF’s
mission is to advocate for the protection of children’s rights, to help
meet their basic needs and to expand their opportunities to reach their
full potential. UNICEF is guided in doing this by the provisions and
principles of the Convention on the Rights of the Child.
The United
Nations Children's Fund (or UNICEF) was created by the United Nations
General Assembly on December 11, 1946 to provide emergency food and
healthcare to children in countries that had been devastated by World
War II. In 1953, UNICEF became a permanent part of the United Nations
System and its name was shortened from the original United Nations
International Children's Emergency Fund but it has continued to be
known by the popular acronym based on this old name. Headquartered in
New York City, UNICEF provides long-term humanitarian and developmental
assistance to children and mothers in developing countries.
UNESCO 1945
United
Nations Educational, Scientific and Cultural Organization (UNESCO) is a
specialized agency of the United Nations established on 16 November
1945. Its stated purpose is to contribute to peace and security by
promoting international collaboration through education, science, and
culture in order to further universal respect for justice, the rule of
law, and the human rights and fundamental freedoms proclaimed in the UN
Charter.
Others
Worst Forms of Child Labour Convention 1999
Recalling
the resolution concerning the elimination of child labour adopted by
the International Labour Conference at its 83rd Session in 1996, and
Recognizing
that child labour is to a great extent caused by poverty and that the
long-term solution lies in sustained economic growth leading to social
progress, in particular poverty alleviation and universal education,
and
Recalling the Convention on the Rights of the Child adopted by the United Nations General Assembly on 20 November 1989, and
Recalling
the ILO Declaration on Fundamental Principles and Rights at Work and
its Follow-up, adopted by the International Labour Conference at its
86th Session in 1998, and
Recalling that some of the worst forms
of child labour are covered by other international instruments, in
particular the Forced Labour Convention, 1930, and the United Nations
Supplementary Convention on the Abolition of Slavery, the Slave Trade,
and Institutions and Practices Similar to Slavery, 1956, and
Having
decided upon the adoption of certain proposals with regard to child
labour, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention;
adopts
this seventeenth day of June of the year one thousand nine hundred and
ninety-nine the following Convention, which may be cited as the Worst
Forms of Child Labour Convention, 1999.
Article 3 For the purposes of this Convention, the term the worst forms of child labour comprises:
(a)
all forms of slavery or practices similar to slavery, such as the sale
and trafficking of children, debt bondage and serfdom and forced or
compulsory labour, including forced or compulsory recruitment of
children for use in armed conflict;
(b) the use, procuring or
offering of a child for prostitution, for the production of pornography
or for pornographic performances;
(c) the use, procuring or
offering of a child for illicit activities, in particular for the
production and trafficking of drugs as defined in the relevant
international treaties;
(d) work which, by its nature or the
circumstances in which it is carried out, is likely to harm the health,
safety or morals of children.
Child Labor and International Treaties
The
ILO has a specialist programme addressing child labour, the
International Programme on the Elimination of Child Labour (IPEC).
ILO Conventions on Child Labor
There
are two basic conventions on child labor adopted by the ILO, and one
adopted by the United Nations. The ILO Minimum Age Convention, 1973
(No. 138) and its accompanying Recommendation (No. 146) set the goal of
elimination of child labor, and the basic minimum age for employment or
work (in developing countries at 14 years of age or the end of
compulsory schooling,whichever is higher; and 15 or the end of
compulsory schooling for developed countries). The Convention sets a
minimum age of 2 years younger for “light work,” i.e., 12 and 13 years,
respectively; and a higher minimum age for
dangerous or hazardous work (basically 18 years of age, but 16 in certain circumstances).
In June 1999, the ILO adopted the Worst Forms of Child Labor Convention (No.182)
and Recommendation No.190, which target the worst forms of child labor
as a matter of urgency. Convention No.182 applies to all branches of
economic activity and requires immediate action, regardless of the
level of
economic development of the ratifying country. It is a
clear statement of the need to take immediate action to eliminate the
intolerable conditions many children face and to help them recover and
lead healthy lives. The “worst forms of child labor” are
(i) all
forms of slavery or practices similar to slavery, such as the sale and
trafficking of children, debt bondage, and serfdom and forced or
compulsory labor—including forced or compulsory recruitment of children
for use in armed conflict;
(ii) use, procurement, or offering of a child for prostitution, production of pornography, or pornographic performances;
(iii)
use, procurement, or offering of a child for illicit activities, in
particular for the production and trafficking of drugs; and
(iv)
work that, by its nature or the circumstances in which it is carried
out,is likely to harm the health, safety, or morals of children.
In
addition, the Convention on the Rights of the Child, adopted by the
United Nations in 1989, has been ratified by almost every country in
the world, and applies also to child labor.
Child Labor Provisions in India
Constitutional Provisions
Child Labour is a
perennial problem in India. It is deemed as the legacy of the old feudal
system. The architects of the Indian Constitution were fully aware of this
menace and incorporated Articles 15(3), 23,24, 39(e), (i) and 45 which mandate
non employment of children and their induction into schools. Another
mandate is provision of a free and compulsory elementary education for all
children upto the age of 14 within a period of 10 years of adoption of the
Republican Constitution in 1950. These were augmented with the Prohibitive
Laws namely Bonded Labour System Abolition Act 1976 and Child Labour Regulation
Act, 1986.
Indian Constitution provisions:
Article 24 Prohibition of employment of children in factories, etc.
No
child below the age of fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.
Article 39 Certain principles of policy to be followed by the State
The State shall, in particular, direct its policy towards securing
(a) that the citizen, men and women equally, have the right to an adequate means of livelihood
(b)
that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good
(c)
that the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment
(d) that there is equal pay for equal work for both men and women
(e)
that the health and strength of workers, men and women, and the tender
age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or
strength
(f) that children are given opportunities and facilities
to develop in a healthy manner and in conditions of freedom and dignity
and that childhood and youth are protected against exploitation and
against moral and material abandonment.
Article 45 Provision for free and compulsory education for children
The
State shall endeavor to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education
for all children until they complete the age of fourteen years.
Other Provisions
India has all along followed a proactive policy with
respect to the problem of child labor, and has stood for constitutional,
statutory and developmental measures to combat child labor. Six ILO conventions
relating to child labor have been ratified, three of these as early as the
first quarter of this century.
The first Act in India relating to child labor was
the Enactment of Children (Pledging of Labor) Act of February 1933. Since then
there have been nine different Indian legislations relating to child labor. The
strategy of progressive elimination of child labor underscores India's
legislative intent, and takes cognizance of the fact that child labor is not an
isolated phenomenon that can be tackled without simultaneously taking into
account the socio-economic milieu that is at the root of the problem.
This was followed by the Employment of Children Act in 1938. Subsequently,
twelve additional legislations were passed that progressively extended legal
protection to children. Provisions relating to child labor under various
enactment such as the Factories Act, the Mines Act, the Plantation Labor Act
etc. have concentrated on aspects such as reducing working hours, increasing
minimum wage and prohibiting employment of children in occupations and processes
detrimental to their health and development.
The Child Labor (Prohibition & Regulation) Act
1986 of India was the culmination of efforts and ideas that emerged from the
deliberations and recommendations of various committees on child labor.
Significant among them are the National Commission on Labour (1966-69),
Gurupadaswamy Committee on Child Labour (1979), and the Sanat Mehta Committee
(1984).
The Child Labor (Prohibition & Regulation) Act, 1986
of India prohibits the employment of children below the age of 14 in factories,
mines and in other forms of hazardous employment, and regulates the working
conditions of children in other employment. India has announced a National
Policy of Child Labor as early as 1987, and was probably the first among the
developing countries to have such a progressive policy. Through a notification
dated May 26, 1993, the working conditions of children have been regulated in
all employment not prohibited under the Child Labor (Prohibition and Regulation)
Act. Further, following up on a preliminary notification issued on October 5,
1993, the government has also prohibited employment of children in occupations
such as abattoirs/slaughter houses, printing, cashew de-scaling and processing,
and soldering.
The Act,, in particular,
- bans the employment of children, i.e. those who have
not completed their 14th year, in specified occupations and processes
(listed in the Schedule to the Act, attached at Annexure
I);
- lays down a procedure to make additions to the
schedule of banned occupations or processes;
- regulates the working conditions of children in
occupations where they are not prohibited from working;
- lays down penalties for employment of children in
violation of the provisions of this Act,, and other Acts which forbid the
employment of children;
- brings uniformity in the definition of the "Child"
in related laws
Under various specific acts such as Factories Act, Mines Act, Employment of children under 14 years of age is prohibited .
Main Provisions of Child Labour Prohibition (and Regulation) Act 1986
2 3 5 7 8 9 10 11 12 13 14
D P T H H I A R D H P
Section 2 : Defines child as a person who has not completed his fourteenth year of age.
Section 3. PROHIBITION OF
EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES. - No child
shall be employed or permitted to work in any of the occupations set forth in
Part A of the Schedule or in any workshop wherein any of the processes set forth
in Part B of the Schedule is carried on : Provided that nothing in this section
shall apply to any workshop wherein any process is carried on by the occupier
with the aid of his family or to any school established by, or receiving
assistance or recognition from, Government
Section 5 : TECHNICAL ADVISORY COMMITTEE ON CHILD LABOUR
The
Child Labour Technical Advisory Committee (TAC) has been set up in
accordance with the provisions of Section 5 of the Child Labour
(prohibition & Regulation) Act, 1986.
7. HOURS AND
PERIOD OF WORK. - (1) No child shall be required or permitted to work in any
establishment in excess of such number of hours, as may be prescribed for such
establishment or class of establishments.
(2) The period of
work on each day shall be so fixed that no period shall exceed three hours and
that no child shall work for more than three hours before he has had an interval
for rest for at least one hour.
(3) The period of
work of a child shall be so arranged that inclusive of his interval for rest,
under sub-section (2), it shall not be spread over more than six hours,
including the time spent in waiting for work on any day.
(4) No child shall
be permitted or required to work between 7 p.m. and 8 a.m.
(5) No child shall
be required or permitted to work overtime.
(6) No child shall
be required or permitted to work in, any establishment on any day on which he
has already been working in another establishment.
8 Weekly Holidays
9 Notice to Inspector
10 Disputes as to age
11 Maintenance of Register
12 Display of notice containing abstract of sections 3 and 14
13 Health and Safety
14. PENALTIES.- (1) Whoever employs any child or permits any child to work in
contravention of the provisions of Sec. 3 shall be punishable with imprisonment
for a term which shall not be less than, three months but which may extend to
one year or with fine which shall not be less than ten thousand rupees but which
may extend to twenty thousand rupees or with both.
(2) Whoever, having
been convicted of an offence under Sec. 3, commits a like offence afterwards, he
shall be punishable with imprisonment for a term which shall not be less than
six months but which may extend to two years.
(3) Whoever - (a)
fails to give notice as required by Sec. 9, or
(b) fails to
maintain a register as required by Sec. 11 or makes any false entry in any such
register; or
(c) fails to
display a notice containing an abstract of Sec. 3 and this section as required
by Sec. 12; or
(d) fails to comply
with or contravenes any other provisions of this Act or the rules made there
under, shall be punishable with simple imprisonment which may extend to one
month or with fine which may extend to ten thousand rupees or with both.
However, due to cultural and economic factors, these
goals remain difficult to meet. For instance, the act does nothing to protect
children who perform domestic or unreported labor, which is very common in
India. In almost all Indian industries girls are unrecognized laborers because
they are seen as helpers and not workers. Therefore, girls are therefore not
protected by the law. Children are often exploited and deprived of their rights
in India, and until further measures are taken, many Indian children will
continue to live in poverty.
PART A
OCCUPATIONS
Any occupation
connected with - (1) Transport of passengers, goods or mails by railway;
(2) Cinder picking,
clearing of an ash pit or building operation in the railway premises;
(3) Work in a
catering establishment at a railway station, involving the movement of a vendor
or any other employee of the establishment from one platform to another or into
or out of a moving train;
(4) Work relating
to the construction of a railway station or with any other work where such work
is done in close proximity to or between the railway lines;
(5) A port
authority within the limits of any port.
(6) Work relating
to selling of crackers and fireworks in shops with temporary licences.
(7)
Abattoirs/slaughter Houses.
PART B PROCESSES
(1)
Bidi-making.
(2)
Carpet-weaving.
(3) Cement
manufacture, including bagging of cement.
(4) Cloth printing,
dyeing and weaving.
(5) Manufacture of
matches, explosives and fire-works.
(6) Mica-cutting
and splitting.
(7) Shellac
manufacture.
(8) Soap
manufacture.
(9) Tanning.
(10) Wool-cleaning.
(11) Building and
construction industry.
(12) Manufacture of
slate pencils (including packing).
(13) Manufacture of
products from agate.
(14) Manufacturing
processes using toxic metals and substances, such as, lead, mercury, manganese,
chromium, cadmium, benzene, pesticides and asbestos.
(15) "Hazardous
processes" as defined in Sec. 2 (cb) and dangerous operations as defined in
rules made under Sec. 87 of the Factories Act, 1948 (63 of 1948).
(16) Printing as
defined in Sec. 2(k) (iv) of the Factories Act. 1948 (63 of 1948).
(17) Cashew and
cashew nut decaling and processing.
(18) Soldering
processes in electronic industries.
Convention on the Elimination of All Forms of Discrimination against Women
====================================
|
Provisions of the Constitution of India
having a bearing
on
Education |
| Part |
Title |
Article / Schedule |
Title |
|
III
|
Fundamental
Rights |
13 |
Laws inconsistent with or in
derogation of the fundamental rights |
| |
|
15 |
Prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth |
| |
|
21A |
Right to education
[Inserted by the 86th Amendment in December, 2002, but yet to be
brought into force.] |
| |
|
28 |
Freedom as to attendance at
religious instruction or religious worship in certain educational
institutions |
| |
|
30 |
Right of minorities to establish and
administer educational institutions |
|
|
IV |
Directive Principles of State Policy |
37 |
Application of the principles
contained in this Part |
| |
|
38 |
State to secure a social order for
the promotion of welfare of the people |
| |
|
39 |
Certain principles of policy to be
followed by the State |
| |
|
41 |
Right to work, to education and to
public assistance in certain cases |
| |
|
45 |
Text in force –
Provision for free and compulsory
education for children
Amended
Text as per the 86th Amendment of December, 2002, but yet to be brought into
force-
Provision for early childhood care
and education to children below the age of six years |
| |
|
46 |
Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections |
| |
|
47 |
Duty of the State to raise the level
of nutrition and the standard of living and to improve public
health |
|
| IV
A |
Fundamental
Duties |
51A |
Fundamental
Duties |
|
| IX |
The Panchayats |
243B |
Constitution of Panchayats |
| |
|
243G |
Powers, authority and
responsibilities of Panchayat |
| |
|
Eleventh Schedule |
|
|
| IX A |
The Municipalities |
243Q |
Constitution of
Municipalities |
| |
|
243W |
Powers, authority and
responsibilities of Municipalities, etc. |
| |
|
Twelfth Schedule |
|
|
| X |
The
Scheduled and Tribal Areas |
244 |
Administration of Scheduled Areas
and Tribal Areas |
| |
|
Fifth Schedule |
Provisions as to the
Administration and Control of Scheduled Areas and Scheduled
Tribes |
| |
|
Sixth Schedule |
Provisions as to the
administration of tribal areas in the States of Assam, Meghalaya, Tripura and
Mizoram |
|
| XI
|
Relations between the Union and the
States |
246 |
Subject-matter of laws made by Parliament and by
the Legislatures of States |
| |
|
Seventh
Schedule |
List I – Union List
List II – State
List
List III
– Concurrent List |
| |
|
254 |
Inconsistency between laws made by
Parliament and laws made by the Legislatures of States |
|
| XVII
|
Official Language |
344 |
Commission and Committee of
Parliament on official language |
| |
|
Eighth Schedule |
Languages |
| |
|
350A |
Facilities for instruction in
mother-tongue at primary stage |
| |
|
351 |
Directive for development of the
Hindi language |
|
| XXI |
Temporary, Transitional and Special
Provisions |
371 E |
Establishment of Central
University in Andhra Pradesh |