Children all over the world are born of adults who
themselves were also children at their time and the chain goes on and on and
on. If today’s adults were not taken care of properly by their parents, then
they would not be around to bear their own children. This does not necessarily
mean that they met no hardships as they grew up. No.
The fact of the matter is that today the world over is more
informed and civilized to a point where by it recognizes that each individual
dually alive has its own rights of recognition and respect. These rights have
been put into perspective and can easily be identified as per their respective
application.
Children have of recent times been given more attention than
ever before as they have been recognized to be very vulnerable and totally
unaware of their rights due to their low levels of understanding and
comprehending, hence the lack of the capacity to implement and protect
themselves.
This is what led to the formation of the laws that today protect
the rights of all children in the world regardless. The United Nations General
Assembly, on 12th December 1989 came up with the Convention on the Rights of the Child, Document
A/RES/44/25 that clearly outlines and explains the rights of all
children and their implementation.
Children's rights are comprehensively protected by a
wide-ranging set of international and regional instruments spanning human
rights, humanitarian and refugee law. Children benefit from the rights
contained in general treaties. In addition, a number of specialist instruments
have been created to accord extra protection to children given their particular
vulnerabilities and the importance to society as a whole in ensuring the
healthy development and active participation of its young members.
It’s upon each individual to uphold these rights and make
sure that children are protected from harm and accorded their time to live out
their childhood and develop into adulthood in the best achievable normal way.
Nakuru Youth Foundation upholds the belief that every child
should be protected and provided for regardless of whom he/she is or comes
from. It’s the responsibility of the bearers of these children to ensure their
survival and normal development as much as it is for the communities and
societies that these children live in. The consequences of disregarding are
born by all irrespective of whom it is that bore the child/children.
Who is a child?The definition of a child under the CRC covers all
human beings under the age of 18 unless the relevant national law
recognises an earlier age of majority. However, the Convention
emphasises that the substitution of an earlier age of majority must be
in conformity with the spirit of the Convention and its guiding
principles and thus should not be used to undermine the rights of a
child.
There are no definitions of other terms used to
describe young people such as "adolescents", "teenagers" or "youth" in
international law. Some organizations have adopted working definitions
to facilitate their programmatic work. The World Health Organisation,
for example, has adopted the following working definitions:
"adolescent" refers to any individual aged between 10-19 years; "young
person" refers to any individual between 10-24 years; and "youth" to
persons between the ages of 15-24 years.
In everyday language, the word "children" usually
implies small children, especially those under ten years of age. It is
important to note however that the
CRC refers to all children by this
term including those that one might normally refer to by other terms
e.g. adolescents. The extensive provisions of the
CRC apply to all
persons under 18 but it may be that certain articles are of more
relevance to small children e.g. basic survival while others are more
significant for older children e.g. protection from sexual exploitation
and military recruitment.
Rights at Stake:
Children's rights cover every aspect of the lives of
children and adolescents and can be broken down into the following main
categories:
Survival rights: the right to
life and to have the most basic needs met (e.g., adequate standard of
living, shelter, nutrition, medical treatment). Development rights: the
rights enabling children to reach their fullest potential (e.g.
education, play and leisure, cultural activities, access to information
and freedom of thought, conscience and religion). Participation rights: rights
that allow children and adolescents to take an active role in their
communities (e.g., the freedom to express opinions; to have a say in
matters affecting their own lives; to join associations). Protection rights: rights
that are essential for safeguarding children and adolescents from all
forms of abuse, neglect and exploitation (e.g., special care for
refugee children; protection against involvement in armed conflict,
child labour, sexual exploitation, torture and drug abuse).
Specific issues:
Child labour
- children work for a variety of reasons in differing cultural, social
and economic circumstances. Whether work is defined as exploitative
will depend on a range of factors including the work itself, the work
environment, the presence of particular hazards, the perceived benefits
of work and the nature of the employment relationship. Gender also
plays a role as girls and boys may be subjected to different forms of
exploitative labour. Another important consideration is how work
interferes with the right of a child to education. Some forms of child
labour have clearly been identified as harmful and are often referred
to as the "worst" forms of child labour e.g. sexual exploitation,
military recruitment.
Sexual exploitation - children and
adolescents may be particularly vulnerable to sexual exploitation given
their dependency on others and their limited ability to protect
themselves. Sexual abuse and exploitation can take a variety of forms
including rape, commercial sexual exploitation and domestic abuse.
Sexual exploitation has far-reaching effects for the physical and
mental health of a child. It is estimated that 1 million children
(mainly girls but also a significant number of boys) enter the
multi-billion dollar sex trade each year.
Military recruitment
- An estimated 300,000 children and adolescents are engaged in armed
conflict and are often forced into committing extremely brutal acts of
violence. Children have a right to specific protection in situations of
armed conflict.
Juvenile justice - Children and
adolescents held in custody for crimes may suffer torture, inhumane and
degrading treatment, they may be unlawfully detained and be denied
their right to a fair trial. They may be given sentences which damage
their well-being and prevent their successful re-integration into
society. The administration of juvenile justice is carried out in
accordance with the best interests of the child.
Rights granted to children under the
Convention on the Rights of the Child must be implemented with regard
to three key principles:
Best interests - In all actions concerning
children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be a primary
consideration.
Non-discrimination - Each child's rights are
ensured without discrimination of any kind, irrespective of the child's
or his or her parent's or legal guardian's race, colour, sex, language,
religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status.
Participation - Children who arecapable of
forming his or her own views have 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. |
In order for us to understand better about these rights and
our responsibilities, we have included the following links
(Blog Roll on the right of the page) that bear more
comprehensive information of what is happening in the world and the most recent
developments.