IMPORTANCE OF CHILD RIGHTS IN CURRENT TIMES

INTRODUCTION

During the era of industrialization in the twentieth century it was a common sight to find a child - as young as that particular task allowed it to be toil away alongside grown men and women in highly unsanitary and unsafe conditions. In other words, there existed no concept or understanding of rights specifically targeting the needs of children. It was only later, in 1924 after the adoption of the Geneva Declaration on the Rights of the Child, by the League of Nations that there was a growing awareness and recognition to ensure and protect the developmental needs of children; this further transformed to an evergreen movement of the need to protect children, of which child rights is a result.[1]

1. THE NEED FOR A CHILD TO BE PROTECTED: WHY?

Wherever a discussion arises for the need of a specific set of laws targeted towards children, commonly known as child rights, there always arises the subsequent question of why they are required in the first place. Fortunately, one of the purposes of this article is to discuss just that.

It is to be kept in mind that demanding for any right underlines the acceptance that the people for whom such right is demanded are individuals, and that, these persons are at a disadvantage as against others. In a similar fashion, the need for child rights succeeds the understanding that children are individuals by themselves, this set them apart from being considered as extensions or possessions of their parents or the State; consequently, it also means instead of being considered as merely people-in-making, they are accepted as separate persons, having equal right with any other individual in the country.[2] However, that being true, as stated, the need for rights also means that they assume a disadvantageous position relative to others; this is evident in the case of each and every child who, irrespective of the socioeconomic status they are into, is entirely dependent on their adult guardians. Children, for the most part of their lives rely on these adult guardians to nurture and provide guidance; the problem then so arises when these guardians or caregivers are unable to meet with the needs of the children or the standards needed for a child to grow up into a productive member of the society.[3] In such case hence, it is the State that has the responsibility to stand up and protect such vulnerable children by finding them alternatives, ensuring their optimal growth as citizens of the country.

Child rights in a way also assume the role of a supervisor when it comes to policymaking of the government; by reminding the government that each policy - be it in the context of education, healthcare, or the justice system in some degree affects the lives of children in the country, it acts as a shield against short-sighted policies that prove to be detrimental to children, and in turn the future of the country (which rests upon the shoulders of the future working force).[4] We can then say that the need for child rights succeeds the understanding that children are crucial to the prosperous future of a nation; an individuals contribution to society largely depends on their physical and mental development during their formative years (childhood period), therefore, children who are more susceptible than adults to unsuitable conditions of survival need special provisions guaranteed by law to protect and provide for them to secure the survival of future societies.

2. CHILDREN ARE IN DANGER

We will now discuss some of the most recurring problems faced by children throughout the world to warrant the immediate need for child rights in contemporary society.

2.1 Child Labour

A recurring social reality in most countries, regardless of how developed it is, is the continued existence of child labour; according to UNICEF, there are estimated to be 250 million children who contribute and make up the workforce worldwide, 171 million of whom do so while subject to hazardous conditions (often bypassing and violating the laws concerning it).[5] Consequently, it must be realised that the sole reason why these children have no option to quit working is because be the persistent presence of poverty in the families to which they belong; coming from the most marginalised sections of the society, these children are trapped in an unending cycle of poverty: because of the lack of finances to support the family, the children instead of being sent to school are forced into the workforce as a way to some each money and sustain the family. Such sustenance is however temporary, these uneducated children go on to become uneducated adults who, on looking for better job prospects are tuned away due to the lack of basic educational qualifications; when we say the cycle of poverty traps people, we mean that, now this new generation of people, affected by the previous generations decision to not send them to school must also repeat the same mistake due their inability to provide for their families. In other words, child labour continues until even in the face of poverty, one generation decides to put education as a priority.

2.2 Lack of Rehabilitative Services for Children with Disabilities

UNICEF records that there are about 170 million in the world with some disability or the other, one in ten of whom is said to suffer a serious case of it.[6] However, even in the face of such numbers, there can be observed a universal lack of support services available to facilitate the process of their rehabilitation to the society they belong; instead these children are withdrawn from the community life (if not actively shunned or mistreated) and subject to segregation and marginalisation in public institutions, leading to the lack in development of self-confidence as adults.[7]

The issue of lack of support services for children becomes an issue when we realise that occurrence of violence and abuse against disabled children is three times more than compared to children without such disabilities.[8]

2.3 Violence against Children

Violence is undoubtedly one of the major concerns in the context of child rights, since its occurrence is not limited and instead expands worldwide, without any prejudice; its presence unfortunately exists both in the private sphere of the family and the public sphere of the community and the state (in custodial cases and through war). Often the victims of such severe violence go on to have scars on their mental wellbeing and/or develop disabilities, limiting their chances at living a fulfilled life as adults; in unfortunate cases, these damaged adults employ a similar atmosphere of violence and fear towards their own children continuing the cycle of violence within the family.

3. SOLUTIONS SUGGESTED BY THE UNITED NATION (UN)

The existence of such grave problems, as discussed in the previous point, is what often encourages the need to discuss how to tackle them. This is where, according to the United Nations, the importance of child rights become relevant and undeniable.

3.1 The Solution to Child Labour?

Mirroring the previously established connection between child labour with poverty, when it comes to the problem of child labour, the UN does realise that ending it all is not possible, since the sustenance of some families depend on it. The problem then lies in the fact that education is not given a priority because of the cost it takes to support this education.

This is where child rights come in; the only way to reduce the number of child workers is to provide free education to the disadvantaged sections of the society (For e.g., how in India, the Constitution provides free and compulsory education of all children in the age group of six to fourteen years, considering it as a fundamental right). Enabling generation to be educated sows the seeds for the subsequent generations to be allowed to go to school; once they have some degree of education, as adults, they will be be allowed to pursue more career options than before which often comes along with better pay, and better pay not only means the slow and steady break from the cycle of poverty but also a chance at higher education for the future generations. This further means that there will come a time when the family need not depend on labour of their children.

3.2 How to Deal with the Issue of Disabled Children?

There exist legislations in many countries (eg, the Disability Discrimination Act in the UK, 1995, and the Americans with Disabilities Act in the USA, 1990) that recognizes a framework for the rehabilitation of disabled persons including, but not limited to, increased awareness and sensitization of the concept of disability, training of professionals that are employed to take care of the betterment of those disabled people, etc.[9] In this context, the UN suggests that child rights be framed in a way that prioritizes children in the face of such rehabilitation acts.

3.3 Protection of Children Subject to Violence Keeping in mind the grim social reality, the UN suggests that child rights be framed in a way that makes it easier the procedure of reporting violence to relevant authorities. However, such a change, it stressed, must be preceded by a few other steps,[10]

i) there is critical need for adults and children to be made aware the human rights as well as child rights, this is so that future perpetrators would think twice before violating them and, future child victims know that there are ways to punish their abusers

ii) there is the need to inform children about the places they can reach out to report violence, as well as safehouses they can escape to when the situation becomes severe

CONCLUSION

One could argue that the value of children's rights cannot be compromised. This is however true only in theory, since the social reality of millions of youngsters still denied basic opportunities and exposed to dangerous labour remain all because of the persistently poor execution of these rights. As this chasm between theoretical ideals and practical enforcement continues, there is an emphasized need for a global recommitment towards the actualization of these child rights. The only way forward then is the shared commitment to putting these ideals into practice for the most defenceless citizens in the world - our children.

REFERENCES

1. History of child rights, India, available at: https://www.unicef.org/child-rights-convention/history-child-rights (last visited on December 25, 2023).

2. Child rights and why they matter, India, available at: https://www.unicef.org/child-rights-convention/child-rights-why-they-matter (last visited on December 26, 2023).

3. Ibid.

4. Supra note 2.

5. Why children's rights are central to international child health, India, available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2083315/#ref8 (last visited on December 26, 2023).

6. Ibid.

7. Supra note 5.

8. Supra note 5.

9. Supra note 5.

10. Supra note 5.