UN CONVENTION FOR THE RIGHTS OF CHILDREN
The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding
international agreement setting out the civil, political, economic, social and cultural rights of
every child, regardless of their race, religion or abilities. Under the terms of the convention,
governments are required to meet children’s basic needs and help them reach their full
potential. Central to this is the acknowledgment that every child has basic fundamental rights.
These include the right to:
Life, survival and development
Protection from violence, abuse or neglect
An education that enables children to fulfil their potential
Be raised by, or have a relationship with, their parents
Express their opinions and be listened to.
The UNCRC consists of 54 articles that set out children’s rights and how governments
should work together to make them available to all children. Since it was adopted by the
United Nations in November 1989, 194 countries have signed up to the UNCRC, with only
two countries in the world still to ratify. All countries that sign up to the UNCRC are bound
by international law to ensure it is implemented. This is monitored by the Committee on the
Rights of the Child. This enables children whose rights have been violated to complain
directly to the UN Committee on the Rights of the Child.1The UNCRC is also the only
international human rights treaty to give non-governmental organisations (NGOs), like Save
the Children, a direct role in overseeing its implementation, under Article 45a.
The UNCRC defines the “child” as a person less than 18 years of age. It makes sure that
primary role is taken up by parents as family takes a front step in the emotional bondage of
children. There is also a duty vested on state to take care of children and to carry out this
obligation certain committees , boards have been set up. 2The UN Convention consists of 41
1
Protecting children's rights | Convention on the Rights of the Child | UNICEF,www.unicef.org
2
https://www.unicef.org
articles under which each of the right of a child is detailed. The rights are set in an hierarchy
order not based on importance but based on interaction with a set of rights.
On a general stand there is no specification about the rights so it is necessary to outline the
themes that they have-
Survival rights: include the child’s right to life and the needs that are most basic to
existence, such as nutrition, shelter, an adequate living standard, and access to
medical services.
Development rights: include the right to education, play, leisure, cultural activities,
access to information, and freedom of thought, conscience and religion.
Protection rights: ensure children are safeguarded against all forms of abuse, neglect
and exploitation, including special care for refugee children; safeguards for children
in the criminal justice system; protection for children in employment; protection and
rehabilitation for children who have suffered exploitation or abuse of any kind.
Participation rights: encompass children's freedom to express opinions, to have a
say in matters affecting their own lives, to join associations and to assemble
peacefully. As their capacities develop, children should have increasing opportunity to
participate in the activities of society, in preparation for adulthood.3
The UN Convention mainly focuses on 4 major articles and they are said to the “general
principles” and are treated as basement for protecting the other additional rights in the
convention mentioned. They are outlined as below-
that all the rights guaranteed by the UNCRC must be available to all children without
discrimination of any kind (Article 2);
that the best interests of the child must be a primary consideration in all actions
concerning children (Article 3);
that every child has the right to life, survival and development (Article 6); and
that the child’s view must be considered and taken into account in all matters
affecting him or her (Article 12).
3
Children’s Rights, Child Development, Participation and Protection | HREAwww.hrea.org
The Convention deals with the child-specific needs and rights. It requires that the "nations
that ratify this convention are bound to it by international law". Ratifying states must act
in the best interests of the child. In all jurisdictions implementing the Convention requires
compliance with child custody and guardianship laws as that every child has basic rights,
including the right to life, to their own name and identity, to be raised by
their parents within a family or cultural grouping, and to have a relationship with both
parents, even if they are separated.4
MONITORING THE STANDARD SET BY UNCRC
The monitoring and reporting of the reports to UNCRC is done in a particular procedure as
every state that has ratified the UN Convention on the is required to report to the Committee
on the Rights of the Child on how children's rights are being implemented in their country.
The UN Committee on the Rights of the Child is the body of 18 independent experts, based in
Geneva that was set up by the Convention to monitor implementation of the UNCRC by State
parties. It also monitors implementation of the two optional protocols to the Convention.
Two years after ratification Governments have to submit an initial report outlining what
measures they have taken to implement the Convention. Every 5 years thereafter each
country has to submit a periodic report to the Committee.5
The Convention on the Rights of the Child is the only international human rights treaty that
expressly gives a role to non-governmental organisations (NGOs) in monitoring the
implementation of the Convention (under Article 45a of the UNCRC).
NGOs can submit their own reports, known as ‘alternative reports’ to the Committee. NGOs
generally work in collaboration with one another and they have a key role in supporting
children and young people’s views to be heard both in their own right and as part of the
government report.6
The process of preparing both State party and alternative reports offers an invaluable
opportunity to conduct a comprehensive review of the various measures that have been
undertaken to harmonise national law and policy with the Convention. On receiving the State
party and alternative report the Committee holds verbal hearings with the NGOs and
4
Protecting children's rights | Convention on the Rights of the Child | UNICEF,www.unicef.org
5
https://resourcecentre.savethechildren.net,pdf on monitoring implementation of the UN
6
https://www.unicef.org
additionally relevant independent monitoring institutions and children and young people
themselves.7
On the basis of all of the evidence that is presented, the Committee then has an opportunity to
cross-examine the government on the progress that is being made in realising children's
rights. The UN Committee then issues its recommendations, known as Concluding
Observations, to the State party on how it can aim to achieve compliance with the UNCRC.
There are currently no individual court sanctions available to the UN Committee but it is
internationally shaming if the State party is found not to be progressing in its compliance
with the UNCRC. The process of achieving compliance with the UNCRC is seen to be an
incremental one with State parties not expected by the Committee to have fully implemented
each and every area of the Convention immediately. The ongoing dialogue between State
party and Committee that the reporting process systematises is one of constructive criticism
supported by advice on implementation.
This encourages governments to makes efforts to achieve positive changes for children and
young people between reporting sessions. There are certain guidelines for reporting such as
the Committee requires that reports inform concretely and concisely about progress achieved
and do not repeat information. They should be self-critical and identify shortcomings, and
propose measures to be taken to improve the implementation record. The UN Committee asks
the State party to group the rights of the Convention together in a way that aims to reinforce
the indivisibility of the rights as well as encourage consistency in the Committee’s approach
to monitoring implementation.8
RIGHT TO SURVIVAL OF A CHILD
Article 6 of the Convention on the Rights of the Child (CRC) states that children have the
right to live and governments should ensure that children survive and develop healthily.
The Convention places a high value on the children's right to survival and states that children
have the right to good quality health care, to safe drinking water, nutritious food, a clean and
safe environment, and information to help them stay healthy. (Article 24 of CRC).This 20th
anniversary of CRC calls for ensuring every child has access to the basic right of survival.
Society must save the large number of lives snuffed out within the first few days of life.
7
www.chidrenslawcentre.org.uk;UNCRC- reporting -process
8
www.participationworks.org.uk
Eliminating malnourishment should be our top priority as it directly contributes to child
mortality, school drop-out rates, gender equality and poverty reduction. Almost 55 million
children under five in India are underweight for their age.
Children who are chronically undernourished before their second birthday are likely to have
diminished cognitive and physical development for the rest of their lives. As adults, they are
less productive and earn less than their healthy peers and the cycle of under nutrition and
poverty repeats itself, generation after generation.
In India, close to one million newborns die each year during the first month of life and
another million die between 29 days and five years. UNICEF is closely working with the
Government to encourage all women to have institutional deliveries and ensure both mother
and baby receive critical post-natal care for at least 72 hours. UNICEF is also partnering with
the government to ensure that the nutrition needs of the country’s most vulnerable children
and women are met.9
The Child’s Rights Act protects this right. The CRA provides “Every child has the right to
survival and development”.
This right is equally recognized in the African Charter on the Rights and Welfare of the Child
which reads“States Parties to the present Charter shall ensure, to the maximum extent
possible, the survival, protection and development of the child.”
The United Nations Convention on the Rights of the Child gives priority to this right as a
guiding principle of interpreting the Convention on the Rights of the child. Article 6 of the
Convention reads“ States Parties shall ensure to the maximum extent possible the survival
and development of the child.”10
It is worthy of note, however that both the African Charter on rights and welfare of the Child
and the CRC, include the inherent right to life as inexorably linked to the right to maximum
survival and development, while the CRA does not make any provision for the inherent right
to life, except by its recognition of the Constitutional rights in chapter four of the 1999
Constitution. Thus it reads“ The provisions in Chapter IV of the Constitution of the Federal
9
https://www.savethechildren.in
10
https://www.unicef.org
Republic of Nigeria 1999, or any successive constitutional provisions relating to Fundamental
Rights, shall apply as if those provisions are expressly stated in the Act.”11
The 1999 Constitution reads in section 33
“Every person has a right to life, and no one shall be deprived intentionally of his life, save
in execution of the sentence of a court in respect of a criminal offence at which he has been
found guilty in Nigeria.”
Therefore, the inherent right to life is equally recognized by the CRA.
Its interlinked nature with right to survival and development is apparent in the light of the fact
that the activities that threaten the inherent right to life, equally threaten, directly or
indirectly, the right to survival and development. Thus, euthanasia, abortion, infanticide,
youth suicide, early marriage, armed conflict, harmful traditional practices, traffic accidents,
honour killings, etc, which affect the child’s inherent right to life, equally affect the child’s
right to survival and development.
A commentator has remarked that the concept of development is not restricted solely to
preparation of the child for adulthood, but equally extends to providing optimal condition for
childhood, and for the child’s present life. The Child Rights Committee has viewed the right
to survival and development as a holistic concept which can only be properly implemented by
full implementation of all the provisions of the CRC, as they are all directed towards ensuring
the survival and development of the child.12
“The Committee reminds States Parties (and others concerned) that the right to survival and
development can only be implemented in a holistic manner, through the enforcement of all
the other provisions of the Convention, including rights to health, adequate nutrition, social
security, an adequate standard of living, a healthy and safe environment, education and play
(arts. 24, 27, 28, 29 and 31), as well as through respect for the responsibilities of parents and
the provision of assistance and quality services (arts. 5 and 18). From an early age, children
should themselves be included in activities promoting good nutrition and a healthy and
disease-preventing lifestyle.”
11
https://www.unicef.org>crc ;pdf on the convention on the rights of the child
12
https://europa.eu>childrights.
The Child’s Rights Committee has also stated that the right to survival and development
encompasses all aspects of development, as the child’s health and psychosocial well-being
are interdependent. As such the health and psychosocial well being of a child may be put at
risk by adverse living conditions, neglect, insensitive or abusive treatment and restricted
opportunities for realizing human potential, especially with regard to children growing up in
especially difficult circumstances.13
The Committee equally recognizes that a vital component of ensuring the child’s right to
survival and development is the necessity of beneficial economic and social policies that will
enable them survive into adulthood and develop holistically. Sexuality and behaviour of
children are very relevant in this regard and states are obligated to pay careful attention to
these even where such sexuality and behaviour is non-conforming to the prevailing ethos in
the society.
“State obligation to realize the right to life, survival and development also highlights the need
to give careful attention to sexuality as well as to the behaviours and lifestyles of children,
even if they do not conform with what society determines to be acceptable under prevailing
cultural norms for a particular age group. In this regard, the female child is often subject to
harmful traditional practices, such as early and/or forced marriage, which violate her rights
and make her more vulnerable to HIV infection, including because such practices often
interrupt access to education and information. Effective prevention programmes are only
those that acknowledge the realities of the lives of adolescents, while addressing sexuality by
ensuring equal access to appropriate information, life skills, and to preventive measures.”14
The importance of the family in children’s development and survival is paramount as the
family is recognized as the natural environment for growth and well-being of its members
and as such the CRC recognizes that the child “for the full and harmonious development of
his or her personality, should grow up in a family environment, in an atmosphere of
happiness, love and understanding ”.In order for the child’s physical, mental, spiritual, moral
13
www.childline.org.in>child protection and child rights in India
14
Child protection issues | Child protection from violence, exploitation and abuse | UNICEFwww.unicef.org
and social development to be adequately protected there is need for the child to enjoy an
adequate standard of living.15
This has been a far cry for children in Nigeria, where most families live below the
subsistence level, resulting in children being exposed to many hazardous activities like early
marriage for economic considerations, child labour, prostitution, trafficking etc. The right to
survival and development cannot be adequately protected if the child is not protected from
violence and exploitation.
Research also indicates that the child’s right to survival and development is adversely
affected by sexual exploitation. Adverse health condition is also detrimental to a child’s right
to survival and development.
The role of adequate and qualitative education in ensuring the child’s rights to survival and
development cannot be overemphasized. The CRC provide as one of the aims of
education“...the development of the child’s personality, talents and mental and physical
abilities to their fullest potential” The primary responsibility for the upbringing and
development of the child is placed on the parents and under the CRC, states are required to
provide assistance for parents to fulfil this responsibility and those deprived of a family
environment are to be specially protected.16
It is equally worth observing that street children or those forced by circumstances to live on
the streets are particularly susceptible to risks that pose a threat to their survival and
development. Children with disabilities equally require special assistance to help them fully
integrate socially and develop individually, culturally and spiritually. The CRA contains
provisions tailored to safeguard and promote children’s survival and development.
RIGHT TO DEVELOPMENT OF A CHILD
15
Children’s Rights, Child Development, Participation and Protection | HREAwww.hrea.org
16
Protecting children's rights | Convention on the Rights of the Child | UNICEFwww.unicef.org
Children have a right to be protected and this starts right from the family itself as parents are
the first ever protectors and from this point the development of a child stars as a safer
environment is the base for a healthy development of a child. The development of a child has
many classifications and meanings but as far as law is concerned it speaks as of an over all
development and that includes both physical and mental. The UN Convention has defined the
development to be as “human becoming” and the focal point of this concept is the protection
of children’s socio-psychological development and caring for their future, as adults.
Consequently, the UN Convention on the Rights of the Child provides a broad protection for
eight segments of children’s development, on top of protecting children’s overall right to
development. Based on an analysis of the UN Committee on the Rights of the Child’s
jurisprudence between the years 1993 and 2010, the thesis concludes that the Committee
interprets the Convention in a way that subjugated most of the Convention’s rights to protect
children’s socio-psychological development, while overlooking the formulation of
‘development’ as a human right. 17
Based on literature on childhood studies, children’s rights theory, children’s development, the
Capability Approach, archival research of the drafting process of the Convention, the
jurisprudence of the UN Committee on the Rights of the Child, and interviews with members
of the UN Committee, the thesis challenges this absorption of ‘children’s development’ into
legal terms, and suggests a new framework for analysis. This framework accommodates a
hybrid conception of childhood, a respect for children’s agency, recognition of the
importance of the process of maturation‘ development’ as well as its outcome, and a cross-
disciplinary understanding of ‘development’. Under the suggested framework, the child’s
right to development is interpreted as a composite right that aims to ensure the child’s
abilities to fulfil her or his human potential to the maximum during childhood and adulthood
alike. Children have the right to participate in communities and have programs and
services for themselves. This includes children's involvement in libraries and community
programs, youth voice activities, and involving children as decision-makers.18
RIGHT TO PROTECTION
17
https://www.ohchr.org >right to development
18
https://www.unicef.org>crc;pdf on convention on the rights of the child
Childhood is a tender age and it is the period that all organs considering body develop
physical and there is no sign that children would understand that growth within them. So this
is a vulnerable phase and it has to be treated with great caution and care. Also the mental
stability cannot be so constant as it flickers on different situations adapting different emotions
so certain personal attention is required to be taken by the parents, family members or any
other lawful guardian who so ever is concerned. They need to made aware of various
pessimistic activities that take place around them in order to protect themselves or secure
themselves. But over the years nothing has changed as the children being exposed to
violence, sexual harassment activities, exploitation had never reduced but are constantly
increasing.19
There were certain decisions that were taken regarding the child protection as a necessity and
one of them was any decision taken regarding the child should be for his benefit and there
should be a surety that he should be benefited and the next major decision was that regarding
the child welfare that is providing him with all the minimum basic necessities that would
make him survive better.Thhey majorly focussed on these 3 issues:
• Physical well being : ensuring good health and proper development of the child.
• Mental well being : providing the child the opportunity to develop intellectually.
• Social well being : ensuring to the child the opportunity to flourish socially and spiritually.
Child protection must be ensured by the parents and the community which surround them,
then by the State society in which they live and expect to have a communal harmony. Of
course, the well being of each child cannot be obtained in the same way as each child is a
unique human with specific needs.20
Also, the individual characteristics of a child regarding age, gender, health, disability or not,
present or absent parents, background, etc will make identification of their needs in order to
bring to certain development to their well being. In order to ensure the child’s well being and
superior interest the states must establish a protection system for the child.
19
https://www.unicef.org>protection_list
20
Child protection issues | Child protection from violence, exploitation and abuse | UNICEFwww.unicef.org
An effective system includes laws, politics, procedures and practices intended to prevent and
fight against various problems of mistreatment, violence and discrimination that can
damage a child’s well being.
In order to set up an effective protection system, the States must first ratify the main principal
international standards of protection of children’s rights and then implement it in their
legislations accordingly in their respective countries but in fact we are lacking in doing so as
there is always a conflict arising based on the convention treaty signed but it is necessary to
drive away certain policies that create pessimistic thought in minds of children.21
It is the duty of the state of fight against certain cultural activities that are forbidding many
children to fulfil their dreams of attending school. Whatever the reason maybe it is somehow
exploiting the children at a larger extent. Generally culture can defined as a common belief or
attitude that binds a group of people together. It is thus culture which modulates their
behaviour and regulate their mannerisms. This concept of culture is carried through
generations and it is imbibed into people from their young minds itself. Culture designs their
lifestyle accordingly and this is the reason that most of the young brains are getting polluted
or rather exploited at certain areas which are still in proper contact with the new industrial
era.
CULTURE AND ITS EFFECTS ON CHILD
The fact that culture has an effect on the brains of young children is very true and it is
according to this culture their lifestyle is moulded and regulated. It is according to this culture
that their basic rights are extended and restricted. The practice of various traditions has still
been restricting many young girls to fulfil their dream to study. Basically culture is effecting
the children in 2 different ways
1. encouragement in following other cultures(western)
2.Practice of the old traditions and customs
On considering the first aspect where the culture is influencing or there is an encouragement
while other cultures are followed i.e while we imitate or rather adopt other cultures such as
westernisation there is a support.22So such culture is it effecting the children is the question. It
was fairly said that culture does modulate the young brains and so accordingly it was
21
Ncpcr.gov.in
22
www.beinghuman.org>article on effect of culture on children
explained that the westernisation has taken a change in the brains of the young as it makes
them to think about the aspect in a much broader way also inculcating them with best skills
so that their competitive level would be maintained at a certain range. Such positive effects
are being developed in the children circulum and co-circulum activities level. At the same
time certain norms and values are getting departed from them.The westernization has made
children attract or rather get addicted to technology.This is a major drawback as the young
brains are getting mentally effected due to the effective use of technology which is effecting
their health internally. The basic refreshments such as playing etc has been rarely being
observed.23
The concept of materialisation is taking a major stand as the westernisation focuses on this
and it is making children concentrate on the ends and not the ways and means to earn them
inculcating ceratin inhuman qualities. Such effect by adoptive culture is somewhat
unwelcomed but it is being accepted.The core point of culture is to bind a set of people
through some common thing such as belief etc. But when cultures are adopted it has to be
seen that it is very much relating to the culture who is adopting it as the young generation
follow is and carry forward it.24
THE PRACTICE OF TRADITIONS
The ancient practices in rearing children have now created a difficulty ad under the name of
culture still such rearing is being followed which is strictly being prohibited by law
The practice of child marriage, this aspect is still prevalent in many places in India itself.It is
said that such customs are prevalent in many areas so they practice it and feel that it should
be carried forward under the name of family respect.They treat a girl after puberty to be a
woman who is ready for marriage and it is for this reason they celebrate her puberty period
indicating that she is set for marriage.This is very much prevalent in many rural areas.On the
aspect of cast system that there cast should be presrbved they get the young girls to get
married and procreate despite of their liking.Such a drastic exploiytion is done in the name of
culture.
Also the gender based discrimanition is very much common and prevalent. Elders of the
family decide the lifestyle of the young generation and also the profession that they need to
choose , in the case of rural areas it is said by people of ceratin profression to take up theirs
23
www.child-encyclopedia.com>culture
24
https://www.sciencedirect.com
for their younger or upcoming generation.They coerce the younger generation to adopt or
rater take up the profession which they have been dealing under the name that it is their
family tradition in doing so and violating such would be a sin.25
THE PRACTICE OF DEVADASI SYSTEM
The practice of devdasi system is still very much prevalent in many parts of the rural areas
and there are many young girls who are being subject to such sexual harrasment.It was made
up that according to the traditions and customs all the female descendents of devadasi family
are to be brought to this practice even if they are not interested. Under the name of God and
marriage to God, all these young females who are minors are being sexually assaulted. Some
of the families under the name of oath on fulfilment of their certain wishes give away their
children to God for the practice of Devadasi system. Even male members are taken in certain
areas i.e as temple dancers and as temple servants many young boys are taken and are
subjected to slavery and bonded labour. These young children are forced to do such slavery
for the reasons of family vows etc and following that as tradition.
Some girls and boys are particularly vulnerable because of gender, race, ethnic origin or
socio-economic status. Higher levels of vulnerability are often associated with children with
disabilities, who are orphaned, indigenous, from ethnic minorities and other marginalised
groups. Other risks for children are associated with living and working on the streets, living
in institutions and detention, and living in communities where inequality, unemployment and
poverty are highly concentrated. Natural disasters, armed conflict, and displacement may
expose children to additional risks. Child refugees, internally displaced children and
unaccompanied migrant children are also populations of concern. Vulnerability is also
associated with age; younger children are at greater risk of certain types of violence and the
risks differ as they get older.26
PRACTICE OF DANA OR BALI
The practice of dana or bali of children is prevalent still but infact there are no such accurate
sources that speak about this.For the fact of getting a male child the practice of BALI of girl
child or some other female member is done so that they believe that God would take back the
Girl child and give away a male child who would hail their family.
25
www.scielo.org.za>scielo
26
https://www.ehu.eus>documents>pdf on culture and development
Even though there are ceratin positive effects of following these customs the advantage they
get is comparatively less. Following the old practices is on side beneficial to children as they
carry the norms and values to next generation and also the present existence of certain good
in society is one such result of following an old traditions.Children have an advantage mostly
in a moral way than any other way.Also basically the concept of Adoption was started and
the practice of giving donations to certain instiutuions are such which ate being followed only
as an obligation as it is under the custom which is actually for the benefit of many young
generations.
Violence, exploitation and abuse occur in the homes, families, schools, care and justice
systems, workplaces and communities across all contexts, including as a result of conflict and
natural disasters. Many children are exposed to various forms of violence, exploitation and
abuse, including sexual abuse and exploitation, armed violence, trafficking, child
labour, gender-based violence, bullying (see UNICEF, Too often in silence, 2010), cyber-
bullying, gang violence, female genital mutilation/cutting, child marriage, physically and
emotionally violent child discipline, and other harmful practices.27
There is significant evidence that violence, exploitation and abuse can affect the child’s
physical and mental health in the short and longer term, impairing their ability to learn and
socialize, and impacting their transition to adulthood with adverse consequences later in life.
ROLE OF PARENTALHOOD AND COMMUNITY
The Parents as a part of family should take care of the children and must have cultivated in
them an awareness about securing themselves from the violent acts of the society. They are to
be trained in such a way that they must identify and react against possible cases of
discrimination, neglect or mistreatment. An efficient protection is essential to the children’s
well-being because, as vulnerable people, they are more exposed to problems of
mistreatment, exploitation, discrimination and violence.28
RIGHT TO PARTICIPATION
27
www.mahavidya.ca>Balinese Hinduism
28
WHO | Early child development – Child rightswww.who.int
Child participation is one of the core principles of the Convention on the Rights of the Child
(CRC), which asserts that children and young people have the right to freely express their
views and that there is an obligation to listen to children’s views and to facilitate their
participation in all matters affecting them within the family, schools, local communities,
public services, institutions, government policy, and judicial procedures. World Vision
considers child and youth’s meaningful, safe, and appropriate participation a key strategic
priority for ensuring sustained child well-being and creating democratic societies with
informed and engaged citizens.29
Article 12 of the United Nations Convention on the Rights of the Child recognises that
children have a right to be heard. The application of this right has been broadly
conceptualised as ‘participation’, although the term itself does not appear in the Convention.
Of course, children have always participated in many ways within societies – for example, at
the community level, through play and the arts, and in their economic contribution to their
families. In the context of Article 12, however, the term ‘participation’ has evolved, and is
now very widely used, as a shorthand to describe children’s right to involvement in decisions
and actions that affect them and to have those views taken into account.
Children’s right to be heard and to be taken seriously is a crucial and also visionary provision
of the Convention on the Rights of the Child. It is necessary that children should participate
and we need to make sure that the decision making is not affected based on this. They have a
right to take part in every discussion and every act that is concerned with them and also the
decisions that are taken in benefit to them. They are to be educated on legal stand in order to
make them know that they have a right to take part in ever act that is concerning to them and
there can be no discrimination made and no violence to be shown. Also an importance is to
be given to their inner feelings as they get traumatised as the age is very tender and
accordingly decisions are to be taken if not the protection and care taken will not sense
anything meaningful. Their thoughts needs a voice to express and a mere chance has to be
given so that a remedy for their problem could definitely be taken out.30
There are certain guidelines that were given by UN Convention with regard to the rights of
child participating and it states as follows:
Article 12 of the CRC states:
29
https://www.unicef.org>crc>Participationof child;pdf on the convention on the rights of the child
30
https://resorcecentre.savethechildren.net
1. States Parties shall assure to the child who is capable of forming his or her own
views the right to express those views freely in all matters affecting the child, the views
of the child being given due weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity to be
heard in any judicial and administrative proceedings affecting the child, either directly,
or through a representative or an appropriate body, in a manner consistent with the
procedural rules of national law.
The principle outlined in Article 12 is inextricably bound to other rights of children, such as:
the right to express their views and have access to adequate information (Art. 13); freedom of
thought, conscience, and religion (Art. 14); association and peaceful assembly (Art. 15);
privacy (Art. 16); and access to information from diverse national and international sources
(Art. 17). These rights are to be realised voluntarily, including children’s right to refuse to
participate or express their views, if so they prefer.31
Children in todays world get to know about many things so when a decision is taken
regarding to them then their involvement is necessarily be taken so besides keeping their
opinion as an option it has to be given a major importance as it something that has to more
with their life depending on their interest. As young scholars their views make an issue to
think broadly so that an appropriateness of participation is taken into consideration and this
makes the emotional quotient to achieve a maturity which makes them understand about the
importance they have over their rights in a society of such nature. Childhood as a sensitive
age concept deals with mostly the mental nature of children and young scholars their
capacities in evolving a perfect society. The main objective of CRC is that children are to be
considered when assessing the appropriateness of care and the means of participation doesn’t
mean just physical but something which is also concerned with their thoughts and views. The
inclusion of young minds in various levels of acquired participatory skill and sets out a
developmental standard is also highlighted as one of the part of CRC.32
31
https://www.unicef.org>crc>Participationof child;pdf on the convention on the rights of the child
32
www.participationworks.org.uk
