INTRODUCTION TO HUMAN RIGHTS AND

RIGHTS OF CHILD WITH CASE STUDY

INTRODUCTION
The narrative of Human Rights emerged and ushered in foundational
framework in post-Second World War era, after the realisation of devastation
inflicted upon the world through massacres, menace of slavery, and elongated
restriction and apartheid of the human beings. They are regarded as a set of moral
principles and norms that describes common standards that human beings ought
to aspire at every level. All human beings are born free and equal in dignity on
the core principle of freedom, equality and dignity. However, every human being
is entitled to rights which are intrinsically and naturally observed by him without
any kind of interruption. There are three core, central features of Human Rights,
i.e., human rights are universal, progressive in nature, and observe individualism.
The adoption of landmark the main declaration of human rights, established ‘core
international human rights’ along with multiple binding international treaties on
issues of racial discrimination, torture, rights of child, etc. It is proclaimed and
agreed that everyone is entitled to all the rights and freedoms, without distinction
of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status with dignity.

Considering the human rights declaration, the childhood is entitled to

special care and assistance. The child should be fully prepared to live an
individual life in society and brought up in the spirit of the ideals of peace,
dignity, tolerance, freedom, equality and solidarity. Taking into due account of
the protection and harmonious development of the child, and improvement of the
living conditions of children globally, the Convention on the Rights of the Child
adopted and ratified by the countries. It sets out the rights that must be realized
for children to develop to their full potential so that they can fully assume their
responsibilities within the community. All substantive rights ranges from right to
life to freedom of expression, from civil rights to rights against violence, from
 social and environment care to basic health and education, from special
protections measure to cultural activities are protected.

I. HUMAN RIGHTS
What Are Human Rights:

Human rights are established rights and values which possess the
indivisibility, interdependence, and universality, directly vested in human beings
all around the world without any kind of distinction, such as language, colour, or
religion, and have progressive behaviour with respect to more and more inclusion
of rights. They are served and entitled differently for different and every person
on the principle of individualism and human integrity. The principle and core
standards embedded the human rights squarely in the liberal philosophical
framework; Individualism or Integrity, every human being is entitled to intrinsic
dignity and respect, Equality, in respect of all rights every human being has equal
entitlement, and Freedom or Liberty, the man has full freedom and liberty in
connection with human rights and its entitlement.

There is a specialised nature of human rights, and they possess core

features, which are agreed upon, and mechanism is applied to observe them fully.
The first is that human rights are universal in nature – all around the globe. The
second is that they are based on liberal individualism: that every individual is
entitled to full and free exercise of human rights. And the third and last is that
human rights are progressive – accumulation and progress in relation with human
evolution, in nature. The accumulation of more human rights is associated with
more freedom and more equality. All principles and foundation upon which
human rights are based offer marvellous establishment of rights without
preceding example. Such as right to life, education, freedom, recognition,
equality before law, protection of law, freedom of expression, are few examples
of established human rights.
Core Human Rights Regime and Structure:

In twentieth century, human rights witnessed an extraordinary expansion

and establishment after trolling the traumas of the rocky and daunting past. On
26 June 1945, with identification and foundation of human rights as one of its key
objectives, the Charter of United Nation was adopted. The covenants of charter
lay down the foundation stone of Human Right and consolidated it worldwide by
establishing multiple institutions. These regimes and formal apparatus of
international human rights provides firstly the enactment of core codes and
principles, secondly to hold the member states accountable for human rights
violations. With mandate of formation, implementation, and accountability the
formal declaration, treaties, and convention constitute the legal apparatus of
international human rights, which are as follows;

i. Charter-Based Bodies: The Core Institutions.

The Human Rights Council formerly known as the Commission on Human

Rights, was mandated and created by the UN Charter to enact code of human
rights under the aegis of the United Nation, and finally the Universal Declaration
of Human Rights (UDHR) was adopted in 1948. The UDHR set out primary civil
and political rights as well as economic, social, and cultural rights that constitute
the basic anatomy of human rights. It has set out comprehensive consensus of
internationally recognised human rights and further elaborated in two key
international covenants.

The International Covenants of Civil and Political Rights (ICCPR) set out
the legal protection available against abuse by the state such as rights to equality
before law, protect of law, protection against arbitrary arrest, etc. the second
covenant, the International Covenant on Economic, Social and Cultural Rights
(ICESCR) guarantees individual access to essential goods and services, including
education, food, housing, and health, etc. Therefore, the UDHR, the ICCPR, and
the ICESCR form the core of international human rights. They constitute the
formal structure of the international human rights system and are backbone of
entire international human rights apparatus.

ii. Treaty-Based Bodies:

There are several binding international human rights treaties were adopted by the
state parties dealing with several issues including racial discrimination, gender
discrimination, rights of child, torture, discrimination against women, and forces
disappearances. Therefore, several treaties-based institutions mandated with
implementation and accountability against violation of human rights are created
under the Human Rights Treaty Division of the Office of the High Commissioner
for Human Rights (OHCHR). These bodies as follows:
a. Human Rights Committee (CCPR) to monitor and implement The
International Covenants of Civil and Political Rights.
b. Committee on Economic, Social and Cultural Rights (CESCR) monitors
implementation of the International Covenant on Economic, Social and
Cultural Rights.
c. Committee on Elimination of Racial Discrimination (CERD)
d. Committee on Elimination of Discrimination Against Women (CEDAW)
e. Committee Against Torture (CAT)
f. Committee on Rights of Child (CRC)
g. Committee on Migrant Workers (CMW)
h. Committee on Rights of Person with Disabilities (CRPD)
i. Committee on Enforced Disappearances (CED)
j. Sub-Committee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (SPT)

Central Assumption and Subject of Human Rights:

There are three core assumptions of the human rights that are associated
with the dominant liberal international perspectives: these are as;

a. The universality of human rights

b. Accountability Process
 c. Transformative and Progressive
d. Common Subjects; Assimilation, Essentializing the Difference, and
Incarcerating difference.

Universally Declared Human Rights:

The Universal Declaration promises to all the economic, social, political, cultural
and civic rights that underpin a life free from want and fear. They are not a reward
for good behaviour. They are not country-specific, or particular to a certain era
or social group. They are the inalienable entitlements of all people, at all times,
and in all places. The indivisible, inalienable, and interdependent entitlements are
as below:

i. Free and equal in dignity and rights:

ii. Entitlement to all the rights and freedoms without any kind of distinction:
iii. Right to life, liberty and security of person:
iv. Prohibition of slavery or servitude:
v. Abolition of torture:
vi. The right to recognition:
vii. Equality before the law and equal protection of the law:
viii. Right to effective remedy:
ix. No arbitrary arrest or detention:
x. Full equality to a fair and public hearing by independent tribunal:
xi. Presumed innocent until proved guilty:
xii. Right to privacy:
xiii. Right to freedom of movement:
xiv. Right to seek and to enjoy in other countries asylum:
xv. Right to a nationality:
xvi. Right to marry and to found a family:
xvii. Right to own property:
xviii. Right to freedom of thought, conscience, and religion:
xix. Right to freedom of opinion and expression
 xx. Right to freedom of peaceful assembly and association:
xxi. Right to take part in government:
xxii. Right to social security:
xxiii. Right to work and free choice of work:
xxiv. Right to rest and leisure:
xxv. Right to standard of living:
xxvi. Right to education:
xxvii. Right to freely participate in cultural life:
xxviii. Entitlement to social and international order:
xxix. Duties to the community:
xxx. Prohibition of interpretation of declaration imply to cause destruction to
any of the rights and freedom:

II. CHILDREN’S HUMAN RIGHTS UNDER THE CONVENTION

ON THE RIGHTS OF CHILD:
One of several binding treaties regarding issues is the Convention on the
Rights of Child adopted in 1989 to constitutes codes and entitlements to child and
the mechanism for implementation and monitoring. Considering the need of
special care and assistance of children and to develop them as committed part of
society and equal citizen of the community, few specialised entitlements are
introduced to protect the dignity, freedom, and equality of child on the basis of
universality and commonness. As under universal declaration, it is held that
everyone is entitled to freedom and dignity. The Convention on the Rights of the
Child aimed at

• SURVIVAL (rights important for staying alive)

• DEVELOPMENT (rights important for learning and development)

• PROTECTION (rights important for being safe and secure)

• PARTICIPATION (rights important for children to have their views heard

and respected) and
sets out the rights that must be realized for children, adolescents and teenagers to
develop to their full potential and be protected from violence, abuse and harm. A
Convention is a human rights treaty, which is an agreement signed by countries
to promise to protect the human rights of all people living in that country. The

Core Codification of the Rights of the Child is comprised of following;

i. The Convention on Rights of Child (CRC), 1989

ii. Optional Protocols to the Convention on Rights of Child,

a. On Involvement of Children in Armed Conflict (OPAC)

b. On Sale of Children, Child Prostitution and Child Pornography

(OPSC)

c. On A Communications Procedure (OPIC)

iii. Minimum Age Convention, 1973.

iv. Worst Forms of Child Labour Convention, 1999.

Rights of Child: An International Apparatus to Uphold Rights

There is certain foundation of mechanism to monitor and implement the

convention of child rights as well as additional protocols across the globe. For
this under the Office of the High Commissioner of the Human Rights (OHCHR).
Therefore, to monitor implementation of the rights and entitlements to children a
committee of specialised experts the Committee on the Rights of Child (CRC)
constituted by the convention. All States parties are obliged to submit regular
reports to the Committee on how the rights are being implemented. States must
submit an initial report two years after acceding to the Convention and then
periodic reports every five years. The Committee examines each report and
addresses its concerns and recommendations to the State party in the form of
“concluding observations”. In addition to it, the CRC allows individual children
to submit complaints regarding specific violations of their rights under the
Convention and its first two optional protocols.
 The framework to protect as well as promote the rights of child the United
Nation has established a fund and programme for the support of every child
around the world. So, to uphold rights of every child a fund under aegis of General
Assembly known as the United Nations Children’s Fund (UNICEF)
established. The UNICEF is determined to save children’s lives, to defend their
rights, and to help them fulfil their potential, from early childhood through
adolescence. And we never give up. Breakout of mechanism is as follows;

i. Committee on the Rights of Child (CRC)

ii. United Nations Children’s Fund (UNICEF)
iii. International Labour Organization (ILO)

International Rights of the Child:

All the conventions and treaties regarding rights of the children, including
Convention on the Rights of the Child (CRC), Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child prostitution
and child pornography (CRC-OPSC), Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict (CRC-
OPAC), Minimum Age Convention, 1973, and Worst Forms of Child Labour
Convention, 1999, set out rights. So, some of rights in the UN Convention on the
Rights of the Child are as follows:

i. Right to have a say in matters that affect you. (Article 12-13)

ii. Right to be protected from any form of abuse or violence. (Article 19)
iii. Right to healthcare. (Article 24)
iv. Right to food, clothes, and a place to live. (Article 27)
v. Right to education. (Article 29)
vi. Right to enjoy your own culture, religion and language. (Article 30)
vii. Right to play and recreation. (Article 31)
viii. Right to know and be cared for by your parents. (Article 7)
ix. Inherent right to life and survival; its recognition.
x. Refugee children have the right to protection and assistance. (Article 22)
 xi. right to be protected from doing any work that is dangerous or that
interferes with your education or that is harmful to your health. (Article
32)
xii. Right of the child to preserve his or her identity, including nationality.
xiii. Assurance of access to information.
xiv. Ensure a full and decent life to mentally or physically disabled child, in
conditions which ensure dignity.
xv. Right to benefit from social security.
xvi. Right to a standard of living adequate for the child's physical, mental,
spiritual, moral and social development.
xvii. No denial of any right to child of ethnic, religious or linguistic
minorities.
xviii. Protection from the illicit use of narcotic drugs.
xix. Respect international humanitarian law applicable to them in armed
conflicts. ETC.
III. RIGHTS OF CHILD AND CASE STUDIES:
As multiple rights of the child are enunciated above, its implementation,
monitoring, protection, and promotion is highly systemised with organised
committees and funds and programmes. But there are tremendous challenges to
international children’s rights regime. According to the Office of the UN High
Commissioner for Human Rights (OHCHR), the human rights issues regarding
children are deprivation of liberty, violence against children, sexual exploitation,
no access to education and health, and lack of protection. Some cases which
elaborate the child’s rights are followed:

Right of Child to Education: A Case Study

Right to education for child, and with a view to achieving this right
progressively and on the basis of equal opportunity, should be compulsory and
free at primary level along with development at secondary level. But all across
the world, around 264 million children and adolescents are not in school and only
1 in 12 young people in low-income countries is on track to gain secondary level
skills. Despite some progress in achieving gender equality in the world’s poorest
countries, far more girls than boys still do not have access to a quality education.
In Yemen, children’s education devastated after three years of escalating conflict
nearly 2 million children now out of school. Globally, the number of children
living in multidimensional poverty – without access to education, health, housing,
nutrition, sanitation or water – is estimated to have soared by 15 per cent, or an
additional 150 million children by mid-2020.

Violence Against Children: A Case Study

Understanding of violence derives from Article 19 of the Convention on the

Rights of the Child (CRC), which defines the scope as “all forms of physical or
mental violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child.” But it is not upheld
everywhere rather Violence in the lives of children can take direct and indirect
forms. Each exacts a devastating impact. Day after day, children are exposed to
domestic violence perpetrated against other family members in their home. Every
year, roughly 6 in 10 children between the ages of 2 and 14, or nearly a billion
children worldwide, are regularly subjected to physical punishment by their
caregivers. No child is immune. Those at risk cut across all boundaries of age,
gender, religion, ethnic origin, disability, socio-economic status, sexual
orientation and/or gender identity and expression.

Between 2003 and 2011, 37 per cent of all primary schools in Croatia saw
violence in the school reduced by half by implementing strategy of ‘changing
attitudes and social norms that encourage violence and discrimination’. Banning
corporal punishment in Sweden around 90 percent improvement observed.

Child Labour: A Case Study

It is asserted in the article 32 of Convention on the Rights of the Child, that

the right to be protected from doing any work that is dangerous or that interferes
with your education or that is harmful to your health. In Australia, many children
and young people do work that is not considered to be child labour. This may
include helping with appropriate tasks or chores around the home or farm and
doing part-time paid work after school or on the weekend.

Child labour is any work done by children that is dangerous, keeps them
from getting an education, or is harmful to their health or development. Child
labour exists to some degree in all countries, and the International Labour
Organisation (ILO) estimates 218 million children in the world today are involved
in child labour. That is one child out of every six children in the world. India is
home to the largest number of child labourers in the world. Officially, there are
more than 12 million, but the real figure is probably closer to 60 million. It is hard
to come up with an exact number because so many are hidden from public view.

CONCLUSION:
It is concluded that Human rights recognise that all people are equally important
– regardless of age, race, gender, wealth, religion or place of birth – and are to be
treated equally, fairly and with dignity. They are a statement of the basic freedoms
and protections that belong to all people. To establish that regime of human rights
in which inalienable, indivisible, and interdependent rights are full and squarely
protected, multiple organisations are established. Likewise, the specialised right
of child under conventions and treaties protected the children from violence,
labour, bonded labour, and offer right and access to education, information,
quality healthcare. The way to bring peace and sustainable development in this
universe also lies in upholding of all international human rights with special
attention to child because it is said that “who hold the souls of children, holds the
nation,”