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Rights for
Women
OUR RIGHTS
CONSTITUTIONAL PROVISION AND OTHER SAFEGUARDS FOR WOMEN
The principles of gender equity and equality and
protection of Women’s Rights have been the prime concern in
Indian thinking right from the days of
Independence. Accordingly, the country‘s concern in
safeguarding the right and privileges of women found its best
expression in the Constitution of India.
The Constitution of
India
not only grants equality to women but also empowers the State
to adopt measure of positive discrimination in favour of women
for neutralizing the cumulative socio-economic and political
disadvantages faced by them.
Article 14 confers equal rights and opportunities on
men and women in the political, economic and social spheres.
Articles15 prohibits discrimination on the ground of
religion, race, caste, sex etc.
Articles 15(3)- enables the State
to allow affirmative
discrimination in favour of women.
Article 16- provides for equality of opportunity for
all citizens in matters relating to employment or appointment
to any office under the State. The State also impose a
fundamental duty on every citizen to renounce practice
derogatory to the dignity of women.
Article 39 Clause (a)-the State shall direct its
policy towards securing for man and women equality and the right
to an adequate means of livelihood;
Article39 Clause (d)-provide equal pay for equal work
for both men and women,
Article 39 (A)-provides for promotion of justice, on
the basis of equal opportunity and to provide free legal aid
by suitable legislation of scheme or in any other way to
ensure that opportunities for securing justice are not denied
to any citizen by reason of economic or other abilities,
Article 42-the State to make provision for securing
just and humane conditions of work and for maternity relief,
Article 46- the State to
promote with special care the educational and economic
interests of the weaker section of the people and to protect
them from social injustice and all forms of exploitation,
Articles47- the State to raise the level of nutrition
and the standard of living of its people and the improvement
of the public health,
Article 51 (A) (e)-To promote harmony and the sprit
of common brotherhood amongst all the people of
India
and to renounces practice derogatory to the dignity of women,
Article 243 D(3)-Not less than one-third (including
the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number
of seats to be filled by direct election in every municipality
to be reserved for women and such seats to be allotted by
rotation to different constituencies in a Panchayat.
Article 243 D(4)- Not less then one-third of the
total number of offices of Chairpersons in the Panchayat at
each level to be reserved for women,
Article T(3)-Not less than one-third (including the
number of seats reserved for women belonging to the Scheduled
Castes and the Scheduled Tribes) of the total number of seats
to be filled by direct election in every Municipality to be
reserved for women and such seats to be allotted by rotation
to different constituencies in a Municipality.
Article 243 T (4)-Reservation of offices of
Chairpersons in Municipalities for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the legislature
of a State may be law provide.
To uphold the Constitutional mandate, various
legislative measures intended to ensure equal rights, to
counter social discrimination and various forms of violence
and atrocities and to provide support service especially to
working women have been enacted. Although all laws are not
gender specific, the major provisions affect women
significantly. Amendments have been periodically carried out
to keep pace with emerging demands. They include among others
are:-
01.
The Special Marriage Act, 1954
02.
The Hindu Marriage Act, 1955
03.
The Hindu Succession Act, 1956
04.
The Family Courts Act, 1954
05.
The Maternity Benefit Act, 1961
06.
The Medical Termination of Pregnancy Act,
1971
07.
The Dowry Prohibition Act, 1961
08.
The Child Marriage Restrain Act,
1976
09.
The Equal Remuneration Act, 1976
10.
The Immoral Traffic (Prevention)
Act, 1986
11.
The Indecent Representation of women
(Prohibition) Act, 1956
12.
Pre-Natal Diagnostic Technique (Regulation and
Prevention of misuse) Act, 1994
13.
Indian Penal Code, 1860- (Section 498-A- Punishing husband of
his relatives for perpetrating cruelty upon the wives
14.
Section 304 B IPC – where an unnatural death of a woman occurs
within 7 years of her marriage and it is shown that she was
harassed soon before her death for or in connection with dowry
by her husband or relatives, the accused would be deemed to
have caused her death.
15.
Criminal Procedure Code, 1973.
Domestic Violence Bill is under the active consideration of
the Union Government.
India has also ratified various International Conventions and
Human Rights Instruments committing to secure equal rights of
women. Key among them is the ratification of Convention on
Elimination of all forms of Discrimination Against Women (CEDAW)
in 1993. The Mexico Plan of Action (1975) , the Nairobi
Forward Looking Strategies (1985), the Beijing Declaration as
well as Platform for Action (1995) and the outcome Documents
adopted by UNGA Session on Gender Equality and Development and
peace for the 21st Century have been unnervely
endorsed by the Union Government.
Women’s Rights related to Police
-
To ask for the reason of your arrest
-
Not to be handcuffed at the time of your arrest
-
To demand that you be produced before magistrate within 24
hours of your arrest
-
To take along your relatives or friend to the police station
-
To demand that you should be placed in female lockup
-
To ask a magistrate for your medical examination if you are
beaten, abused or tortured by the police
-
To demand that your F.I.R. be registered
-
To take along any friend of relatives at the time or filling
the F.I.R.
-
To read the F.I.R. or have someone else read it to you
before you sign it
-
To receive a free copy of a F.I.R.
-
To approach senior police officers of your area magistrate
if the police refuse to register your F.I.R.
Some of the measure taken by the State Government for the
protection of Women’s rights:-
1.
Committee for protection of Women’s Rights has been
constituted for each of the four districts under the
Chairmanship of District and Session Judge vide Notification
dated
27th May, 1997.
This Committee shall monitor and take steps to expedite the
disposal of the cases of atrocities against women whether
they be at the stage of investigation, prosecution or trial.
2.
Family Court has been set up for the entire State of Sikkim.
And presently Dr. Lepcha, District & Session Judge East/North
is the Judge of this Family Court.
3.
30% reservation for women in all Government Jobs.
4.
33% reservation for the women in the Panchayat.
5.
Under Immoral Traffic Prevention Act, SDPOs of four districts
have been appointed as Special Police Officers to deal with
offences regarding trafficking of women and children. Further
a Co-ordination Committee under the Chairmanship of Chief
Secretary has been constituted to review the prevailing
situation and also to prepare a plan of action to combat
commercial sexual exploitation and trafficking of women and
children in
Sikkim. Ms. N Thapa , Deputy Secretary, Women and Child
development Division of Social Welfare Department has been
designated as the Nodal Officer for the entire State of
Sikkim.
6.
With regard to sexual harassment at work place, Sikkim
Government Servant’s Conduct Rules, 1981 has already been
amended as per which any government servant found to be
indulging in sexual harassment of any women at her work place
shall be stringently punished.
All
the departments have been requested to constitute complaint
Committee to take Care of cases relating to sexual harassment
at work place.
‘Sexual harassment’ includes:-
-
Physical contact / advances
-
demand of request for sexual favours
-
sexually colored remarks
-
showing any pornography
-
any other unwelcome physical, verbal or sexual nature.
7.
One Short Stay Home ‘Mantalaya’ at Sichey has been set up for
women and girls in difficulties. And a Committee under the
Chairmanship of Chairperson, State Social Welfare Advisory
Board has been constituted to review the functioning of Short
Stay Home and also for rehabilitating its inmates.
10.
Three Family Counseling Centers are being run by Non
Governmental Organizations in the State
11.
Pre-natal Diagnostic (Regulation and Prevention of Misuse)
Act, 1994 has been extended and enforced in
Sikkim. This Act provides for the regulation of the use of
pre-natal diagnostic technique for the purpose of detecting
genetic or metabolic disorder or chromosomal abnormalities of
certain congenital malformations of sex linked disorders and
for the prevention of the misuse of such techniques for the
purpose of pre-natal sex determination leading to female
foeticide. Appropriate Authority and Advisory Committees as
required under the relevant provision also have been set up.
Rights for
Children
Constitutional Provision
Fundamental
Rights Guaranteed for Children
Article
14 : “The State shall not deny to any person equality before
the law or the equal protection of laws within the
territory of India”.
Article 15 : “The State shall not discriminate against
citizen… Nothing in this article shall prevent State from
making any special provision for women and children”.
Article 21 : “ No person shall be deprived of his life or
personal liberty except according to the procedure established
by law”.
Article 23 : “Traffic in human beings and beggar and other
forms of forced labour are prohibited and any contravention of
this provision shall be an offence punishable in accordance
with law”.
Article 24 : “ 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”.
Directive
Principles of State Policy
Article 39 : “Right of children and the young to be protected
against exploitation and to opportunities for healthy
development, consonant with freedom and dignity”.
Article 42 : “Right to humane conditions of work and
maternity relief”.
Article 45 : “Right of children to free and compulsory
education”.
Article 46 : “To Promote educational and economic interest of
weaker section to protect them from social injustice”.
Article 47 : “ The State shall endeavour to raise the level of
nutrition and standard of living and to improve the public
health”.
Legislation for Protection of Children
1890 The Guardian and Wards Act.
1929 The Children Marriage Restrain Act (Amended in 1979)
1948 The Factories Act (Amended in 1949, 1950 and 1954)
1956 Hindu Adoption and Maintenance Act
1958 Probation of Offenders Act
1960 The Orphanage & other Charitable Homes (Supervision and
Control) Act
1986 The Juvenile Justice Act [ amended in 2000 an Juvenile
Justice (care and protection of children) Act
1986 Immoral Traffic Prevention Act
1986 The Children Labour (Prohibition and Regulation) Act
1992 The Infant Milk Substitutes, Feeding Bottles and Infant
Foods (Regulation of Production, Supply and Distribution )Act
1994 The Pre-natal Diagnostic Technique
(Regulation and Prevention and Misuse)
1996 The Persons with Disabilities (Equal Opportunities,
Protection of Rights & Full Participation) Act
Interventions on the Anvil
* National Policy and Charter for Children
* National Commission for Children
*Constitution (93rd Amendment ) Bill, 2000 to make
education for all children in the age group 6- 14 years a
Fundamental Right
*National Programme for Education of Girls at Elementary
Levels
Convention on the Rights of the Child
Part
I
Article 1
For the purpose of the present Convention, a child means every
human being below the age of 18 years unless, under the law
applicable to the child, majority attained earlier.
Article 2
1
State parties shall respect and ensure the rights set forth
in the present convention to each child within their
jurisdiction without discrimination of any kind, irrespective
of the child’s or his parent’s or legal guardian’s race,
color, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth
or other status.
2. State
parties shall take all appropriate measures to ensure that the
child is protected against all forms of discrimination or
punishment on the basis of the status, activities, expressed
opinion, or beliefs of the child’s parents, legal guardians,
or family members.
Article 3
1.
In
all actions concerning children, whether undertaken by public
of private social welfare institutions, courts of law,
administrative authorities of legislative bodies, the best
interest of the child shall be a primary consideration.
2.
State Parties undertake to ensure the child such protection
and care as is necessary for his or her well-being, taking
into account the rights and duties of his or her parents,
legal guardians, or other individuals legally responsible for
him or her, and, to this end, shall take all appropriate
legislative and administrative measures.
3.
State Parties shall ensure that the institutions, services
and facilities responsible for the care or protection of
children shall conform with the standard established by
competent authorities, particularly in the areas of safety,
health, in the number and suitability of their staff as well
as competent supervision
Article
4
State Parties shall undertake all appropriate legislative,
administrative, and other measures for the implementation of
the rights recognized in the present Convention. With regard
to economic, social and cultural rights, State Parties shall
undertake such measures to the maximum extents of their
available resources and, where needed, within the framework of
international co-operation.
Article 5
State Parties shall respect the responsibilities, rights and
duties of parents or, where applicable, the members of the
extended family or community as provided for by local custom,
legal guardians or other persons legally responsible for the
child, to provide, in a manner consistent with the evolving
capacities of the child, appropriate direction and guidance in
the exercise by the child of the rights recognized in the
present Convention
Articles 6
1.
State parties recognize that every child has the inherent
right to life.
2.
State Parties shall ensure to the maximum extent possible
the survival and development of the child
Article 7
1.
The
child shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a
nationality and, as far as possible, the right to know and be
cared for by his of her parents.
2.
State Parties shall ensure the implementation of these rights
in accordance with their national law and their obligation
under the relevant international instruments in this field, in
particular where the child would otherwise be stateless.
Article 8
1.
State Parties undertake to respect the right of the child to
preserve his or her identity, including nationality, name and
family relations as recognized by law without unlawful
interference.
2.
Where
a child is illegally deprived some or all of the elements of
his or her identity, State Parties shall provide appropriate
assistance and protection, with a view to speedily
establishing his or her identity.
Article 9
1.
State Parties shall ensure that a child shall not be
separated from his or her parents against their will, except when
competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such
separation is necessary for the best interest of the child. Such
determination may be necessary in as particular case such as
one involving abuse of neglect of the child by the patents, or
one where the parents are living separately and a decision
must be made as to the child’s place of residence.
2.
In
any proceeding pursuant to paragraph 1 of the present article
, all interested parties shall be given an opportunity to
participate in the proceedings and make their views known.
3.
State Parties shall respect the right of the child who is
separated from one or both parents to maintain personal
relations and direct contact with both parents on a regular
basis except if it is contrary to the child’s best interests.
4.
Where
such separation results from any action initiated by a Sate
Party, such as the detention, imprisonment, exile,
deportation, of death (including death arising from any causes
while the person is in the custody of the State) of one of
both parents, or of the child, that State Party shall, upon
request, provide the parents, the child of, if appropriate,
another member of the family with the essential information
concerning the whereabouts of the absent members(s) well being
of the child. State Parties shall further ensure that the
submission of such a request shall of itself entail no adverse
consequences for the person (s) concerned.
Article 10
1.
In
accordance with the obligation of State Parties under article
9, paragraph 1, applications by the child or his or her
parents to enter or leave a State Party for the purpose of
family re-unification shall be dealt with by State Parties in
a positive, humane and expeditious manner. State Parties shall
further ensure that the submission of such a request shall
entail no adverse consequences for the applicant and for the
members of their family.
2.
A
child whose parents reside in different State shall have the
right to maintain on a regular basis, save in exceptional
circumstances personal relations and direct contacts with both
parents. Towards that end and in accordance with the
obligation of State Parties under article 9, paragraph 1,
State Parties shall respect the right of the child and his or
her parents to leave any country, including to their own, and
to enter their own country. The right to leave any country
shall be subject only to such restrictions as are prescribed
by law and which are necessary to protect the national
security, public health or morals or the rights and freedoms
of others and are consistent with the other rights recognized
in the present Convention.
Article 11
1.
State Parties shall take measures to combat the illicit
transfer and non-return of children abroad.
2.
To
this end, State Parties shall promote the conclusion of
bilateral or multilateral agreements or accession to existing
agreements.
Article 12
1.
State
Parties shall assure to the child who is capable of forming
his of her own view the right to express those view 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
proceeding affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent
with the procedural rules of national law
Article 13
1.
The
child shall have the right to freedom of exploitation; this
right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or
through any other media of the child’s choice.
2.
The
exercise of this right may be subject to certain restriction,
but these shall only be such as are provided by law and are
necessary:
(a)
For respect of the rights of
reputations of others;
OR
(b)
For
the protection of national security or of public order, or of public health or morals.
Article 14
1.
State Parties shall respect the right of the child to freedom
of thought, conscience and religion.
2.
State Parties shall respect the rights and duties of the
parents and, when applicable, legal guardians, to provide
direction to the child in the exercise of his or her right in
a manner consistent with the evolving capacities of the child.
3.
Freedom to manifest one’s religion or beliefs may be subject
only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health of morals,
or the fundamental rights and freedoms of others.
Article 15
1.
State Parties recognize the rights of the child to freedom of
association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of
these right other than those imposed in conformity with the
law and which are necessary in a democratic society in the
interest of national security or public safety, public
order (order public), the protection of public health or
morals or the protection of the rights and freedoms of
others.
Article
16
1.
No
child shall be subjected to arbitrary or unlawful
interference with his her privacy, family, home or
correspondence, nor to unlawful attacks on his or her honour
and reputation.
2.
The
Child has the right to the protection of the law against such
interference or attacks.
Articles 17
State
Parties recognize the important performed by the mass media
and shall ensure that the child has access to information and
material from a diversity of national and international
sources, especially those aimed at the promotion of his or her
social, spiritual and moral well-being and physical and mental
health. To this end, State Parties shall:
a. Encourage the mass media to disseminate information and
material of social and cultural benefit to the child and in
accordance with the spirit of article 29;
b. Encourage international co-operation in the production,
exchange and dissemination of such information and material
from a diversity of culture, national and international
sources;
c.
Encourage the production and dissemination of children’s book;
d.
Encourage the mass media to have particular regard to the
linguistic needs of the child who belongs to a minority group
or who is indigenous;
e.
Encourage the development of appropriate guidelines for the
protection of the child from information and material
injurious to his or her well-being, bearing in mind the
provision of articles 13 and 18.
Article 18
1.
State Parties shall use their efforts to ensure recognition
of the principle that both parents have common
responsibilities for the upbringing and development of the
child. Parents or, as the case may be, legal guardians, have
the primary responsibility for the upgrading and development
of the child. The best interests of the child will be their
basic concern.
2.
For
the purpose of guaranteeing and promoting the rights set forth
in the present Convention, State Parties shall render
appropriate assistance to parents and legal guardians in the
performance of their child-rearing responsibilities and shall
ensure the development of institutions, facilities and
services for the care of children.
3.
State Parties shall take all appropriate measures to ensure
that children of working parents have the right to benefit
from child-care services and facilities for which they are
eligible.
Article 19
1.
State Parties shall take all appropriate legislative,
administrative, social and education measures to protect the
child from all forms of physical or mental violence, injury or
abuse, neglect to negligent treatment, maltreatment, or
exploitation including sexual abuse, while in the case of parent(s), legal guardian(s) or any other person who has the
care of the child.
2.
Such
protective measures should, as appropriate, include effective
procedures for the establishment of social programmes to
provide necessary support for the child and for those who have
the care of the child, as well as for other forms of
prevention and for identification, reporting, referral,
investigation, treatment, and follow-up of instances of child
maltreatment described here to fore, and as appropriate, for
judicial involvement.
Article 20
1. A child temporarily or permanently deprived of his
or her family environment, or in whose own best interests
cannot be allowed to remain in that environment, shall be
entitled to special protection and assistance
provided by the State.
2. State parties shall in accordance with their
national laws alternative care or such a child.
3. Such care could include,
inter alia, foster placement, Kafala of Islamic Law adoption
or if necessary placement in suitable institutions for the
care of children. When considering solutions, due regard shall
be paid to the desirability of continuity in a child’s
upbringing and to the child’s ethnic, religious, cultural and
linguistic background.
Article 21
State Parties which recognize and/ or permit the system of
adoption shall ensure that the best interest of the child
shall be the paramount consideration and they shall :
(a) Ensure
that the adoption of a child is authorized only by competent
authorities who determine, in accordance with applicable law
and procedures and on the basis of all pertinent and reliable
information, that the adoption is permissible in view of the
child’s status concerning parents, relatives and legal
guardians and that, if required, the persons concerned have
given their informed consent to the adoption on the basis of
such counseling as may be necessary;
(b)
Recognise that inter-country adoption may be considered as an
alternative means of child’s care, if the child cannot be
placed in a foster or an adoptive family or cannot in any
suitable manner be cared for in the child’s country of origin.
(c) Ensure
that the child concerned by inter-country adoption enjoys
safeguards and standards equivalent to those existing in the
case of national adoption.
(d) Promote,
where appropriate, the objectives of the present article by
concluding bilateral or multilateral arrangements or
agreements, and endeavor, within this framework, to ensure
that the placement of the child in another country is carried
out by competent authorities or organs.
Article 22
1
State
Parties shall take appropriate measures to ensure that a child
who is seeking refugee status or who is considered a refugee
in accordance with the international or domestic law
and procedures shall, whether unaccompanied or accompanied by
his or her parents or by any other person, receive appropriate
protection and humanitarian assistance in the enjoyment of
applicable rights set forth in the present Convention and in
other international human right or humanitarian instruments to
which the said State are Parties.
2
For
this purpose, State Parties shall provide, as they consider
appropriate, co-operation in any efforts by the United Nation
and other competent inter-governmental organization or
non-governmental organizations co-operating with the United
Nation to protect and assist such a child and to trace the
parents or other members of the family of any refugee child in order to obtain information necessary for reunification
with his or her family. In cases where no parents or other
members of the family can be found, the child shall be
accorded the same protection as any other child permanently or
temporarily deprived of his or her family environment for any
reason, as set forth in the present Convention.
Article 23
1 State
Parties recognize that a mentally or physically disabled child
should enjoy a full and decent life, in condition which ensure
dignity, promote self-reliance and facilitate the child’s
active participation in the community.
2 State
parties recognize the right of the disabled child to special
care and shall encourage and ensure the extension, subject to
available resources, to the eligible child and those
responsible for his or her care, of assistance for which
application is made and which is appropriate to the child’s
condition and to the circumstances of the parents of others
caring for the child.
3 Recognising
the special needs of a disabled child, assistance extended in
accordance with paragraph 2 of the present article shall be
provided free of charge, whenever possible, taking into
account the financial resources of the parents or others
caring for the child, and be designed to ensure that the
disabled child has effective access to and receives education,
training, health care services, rehabilitation services,
preparation for employment and recreation opportunities in a
manner conducive to the child’s achieving the fullest possible
social integration and individual development, including his
or her cultural and spiritual development.
4 State
parties shall promote, in the spirit of international
co-operation, the exchange of appropriate information in the
field of preventive health care and of medical, psychological
and functional treatment of disabled children, including
dissemination of and access to information concerning methods
of rehabilitation, education and vocational services, with the
aim of enabling State parties to improve their capabilities
and skill and to widen their experience in these areas. In
this regard, particular accounts shall be taken of the needs
of developing countries.
Article 24
1 State
Parties regonise the right of the child to the enjoyment of
the highest attainable standard of health and to facilities
for the treatment of illness and rehabilitation of health.
State parties shall strive to ensure that no child is deprived
of his or her right of access to such health care services.
2 State
Parties shall pursue full implementation of this right and, in
particular, shall take appropriate measure:
A To diminish infant and child
mortality;
B To ensure the provision of necessary medical
assistance and health care to all children with emphasis on
the development of primary health care.
C To combat disease and malnutrition, including within
the framework of primary health care, through, inter alia, the
application of readily available technology and through the
provision of adequate nutritious foods and clean drinking
water, taking into consideration the dangers and risks of
environmental pollution;
D To ensure appropriate pre-natal and post-natal
health care for mothers;
E To ensure that all segments of society, in
particular parents and children, are informed, have access to
education and are supported in the use of basic knowledge of
child health and nutrition, the advantages of breast-feeding,
hygiene and environmental sanitation and the prevention of
accidents;
F To develop preventive health care, guidance for
parents and family planning education and services.
3
State
Parties shall take all effective and appropriate measures with
a view to abolishing traditional practices prejudicial to the
health of children.
4
State
Parties undertake to promote and encourage international
co-operation with a view to achieving progressively the full
realization of the right recognized in the present article. In
this regard, particular account shall be taken of the needs of
developing countries.
Articles 25
State Parties recognize the right of a child who has been
placed by the competent authorities for the purposes of care,
protection or treatment of his or her physical or mental
health, to periodic review of the treatment provided to the
child and all other circumstances relevant to his or her
placement.
Articles 26
1. State
Parties shall recognize for every child the right to benefit
from social security, including social insurance, and shall
take the necessary measures to achieve the full realization of
this right in accordance with their national law.
2. The
benefits should, where appropriate, be granted, taking into
account the resources and the circumstances of the child and
persons having responsibility for the maintenance of the
child, as well as any other consideration relevant to an
application for benefits made by or on behalf of the child.
Article 27
1.
State
Parties recognize the right of every child to a standard of
living adequate for the child physical, mental, spiritual,
mortal and social development.
2.
The
parent(s) or others responsible for the child have the primary
responsibility to secure, within their abilities and financial
capacities, the conditions of living necessary for the child’s
development.
3.
State Parties, in accordance with national condition and
within their means, shall take appropriate measures to assist
parents and others responsible for the child to implement this
right and shall in case of need provide material assistance
and support programmes, particularly with regard to nutrition,
clothing and housing.
4.
State Parties shall take all appropriate measures to secure
the recovery of maintenance for the child from the parents or
others persons having financial responsibility for the child,
both within the State Party and from abroad. In particular,
where the person having financial responsibility for the child
lives in a State different form that of the child, Sates
Parties shall promote the accession to international agreement
or the conclusion of such agreement, as well as the making of
other appropriate arrangement.
Article 28
1.
State
Parties recognize the right of the child to education, and
with a view to achieving this right progressively and on the
basis of equal opportunity, they shall , in particular;
A Make primary education compulsory and available free
to all;
B Encourage the development of different forms of
secondary education, including general and vocational
education, make them available and accessible to every child,
and take appropriate measures such as the introduction of free
education and offering financial assistance in case of need;
C Make higher education accessible to all on the basis
of capacity by every appropriate means;
D Make educational and vocational information and
guidance available and accessible to all children;
E Take measures to encourage regular attendance at
school and the reduction of drop-out rates.
2.
State
parties shall take all appropriate measures to ensure that
school disciple is administered in a manner consistent with
the child’s human dignity and in conformity with the present
convention.
3.
State
Parties shall promote and encourage international co-operation
in matter relating to education, in particular with a view to
contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and
technical knowledge and modern teaching methods. In this
regard, particular account shall be taken of the need of
developing countries.
Article 29
1.
State
Parties agree that the education of the child shall be
directed to :
A The development of the child’s personality, talents
and mental and physical abilities to their fullest potential.
B The development of respect for human right and
fundamental freedom, and for the principles enshrined in the
Charter of the United Nation.
C The development of respect for the child’s parents,
his or her own cultural identity, language and values, for the
national values of the country in which the child is living,
the country from which he or she may originate and for
civilization different form his or her own.
D The preparation of the child for responsible life in
a free society, in the spirit of understanding, peace,
tolerance, equality of sexes, and friendship among all
peoples, ethnic, national and religious groups and persons of
indigenous origin;
2.
No
part of the present article or article 28 shall be construed
so as to interfere with the liberty of individuals and bodied
to establish and direct educational institutions, subject
always to the observance of the principles set forth in
paragraph 1 of the present article and to the requirement that
the education given in such institution shall conform to such
minimum standards as may be laid down by the state.
Article 30
In those State in which ethnic, religious or linguistic
minorities or persons of indigenous origin exist, a child
belonging to such a minority or who is indigenous shall not be
denied the right, in community with other members of his or
her group. To enjoy his or her own culture, to profess and
practice his or her own religion, or to use his or her own
language.
Article 31
1 State
Parties recognize the right of the child to rest and leisure,
to engage in play and recreational activities appropriate to
the age of the child and to participat4e freely in cultural
life and the arts.
2 State
Parties shall respect and promote the right of the child to
participate fully in cultural and artistic life and shall
encourage the provision of appropriate and equal opportunities
for cultural, artistic, recreational and leisure activity.
Article 32
1 State
Parties recognize the right of the child to be protected from
economic exploitation and from performing any work that is
likely to be hazardous or to interfere with the child’s
education, or to be harmful to the child’s health or physical,
mental, spiritual, moral or social development.
2 State
Parties shall take legislative, administrative, social and
educational measures to ensure the implementation of the
present article. To this end, and having regard to the
relevant provision of other international instrument, State
Parties shall in particular.
A Provide for a minimum age or minimum ages for
admissions to employment;
B Provide for appropriate regulation of the hours
and conditions of employment.
C Provide for appropriate penalties or other
sanctions to ensure the effective enforcement of the present
article.
Article 33
State Parties shall take all appropriate measures including
legislative, administrative, social and educational measures
to protect children from the illicit use of narcotic drugs and
psychotropic substances as defined in the relevant
international treaties, and to prevent the use of children in
the illicit production and trafficking of such substances.
Article 34
State Parties undertake to protect the child from all forms of
sexual exploitation and sexual abuse. For these purpose, State
Parties shall in particular take all appropriate national,
bilateral and multilateral measures to prevent,
A The inducement or coercion of a child to engage
in any unlawful sexual activity.
B The exploitative use of children in prostitution
or other unlawful sexual practices.
C The exploitative use of children in pornographic
performances and materials.
Article 35
State Parties shall take all appropriate national, bilateral
and multilateral measures to prevent the abduction of, the
sale of or traffic in children for any purpose or in any form.
Article 36
State parties shall protect the child against all other forms
of exploitation prejudicial to any aspects of the child’s
welfare.
Article 37
State Parties shall ensure that
A No child shall be subjected to torture or other
cruel, inhuman or degrading treatment or punishment. Neither
capital punishment nor life imprisonment without possibility
of release shall be imposed for offences committed by persons
below 18 years of age.
B No child shall be deprived of his or her liberty
unlawfully or arbitrarily. The arrest, detention or
imprisonment of a child shall be in conformity with the law
and shall be used only as a measure of last resort and for the
shortest appropriate period of time.
C Every child deprived of liberty shall
be treated with
humanity and respect for the inherent dignity of the human
person, and in a manner which takes into account the needs of
persons of his or her age. In particular, every child deprived
of liberty shall be separated from adults unless it is
considered in the child’s best interest not to do so and shall
have the right to maintain contact with his or her family
through correspondence and visit, save in exceptional
circumstances.
D Every child deprived of his or her liberty shall
have the right to prompt access to legal and other appropriate
assistance, as well as the right to challenge the legality of
the deprivation of his or her liberty before a court or other
competent, independent and impartial authority, and to a
prompt decision on any such action.
Article 38
1 State
Parties undertake to respect and to ensure respect for rules
of international humanitarian law applicable to the armed
conflicts which are relevant to the child.
2 State
Parties shall take all feasible measure to ensure that persons
who have not attained the age of 15 years do not take direct
part in hostilities.
3 State
Parties shall refrain from recruiting any person who has not
attained the age of 15 years into their armed forces. In
recruiting among those persons who have attained the age of 15
years but who have not attained the age of 18 years, State
Parties shall endeavor to give priority to those who are
oldest.
4 In
accordance with their obligations under international
humanitarian law to protect the civilian population in armed
conflicts, State Parties shall take all feasible measures to
ensure protection and care of children who are affected by an
armed conflict.
Article 39
State Parties shall take all appropriate measures to promote
physical and psychological recovery and social re-integration
of a child victim of : any form of neglect, exploitation, or
abuse: torture or any other form of cruel, inhuman or
degrading treatment or punishment; or armed conflict. Such
recovery and re-integration shall take place in an environment
which fosters the health, self-respect and dignity of the
child.
Article 40
1 State
Parties recognize the right of every child alleged as, accused
of, or recognized as having infringed the penal law to be
treated in a manner consistent with the promotion of the
child’s sense of dignity and worth, which reinforces the
child’s respect for the human rights and fundamental freedoms
of others and which takes into account the child’s age and
desirability of promoting the child’s re-integration and the
child’s assuming a constructive role in society.
2 To
this end, and having regard to the relevant provisions of
international instruments, State Parties shall, in particular,
ensure that,
A No child shall be alleged as, be accused of , or
recognized as having infringed the penal law by reason of act
or omissions that were not prohibited by national or
international law at the time they were committed.
B Every child alleged as or accused of having
infringed the penal law has at least the following guarantees.
I To be presumed innocent until proven guilty
according to law.
Ii To be informed promptly and directly of the
charges against him or her, and if appropriate through his or
her parents or legal guardian, and to have legal or other
appropriate assistance in the preparation and presentation of
his or her defense.
Iii To have the matter, determined without delay by
a competent, independent and impartial authority or judicial
body in a fair hearing according to law, in the presence of
legal or other appropriate assistance and, unless it is
considered not to be in the best interest of the child, in
particular, taking into account his or her age or situation,
his or her parents or legal guardians.
Iv Not to be compelled to give testimony or to
confess guilt, to examine or have examined adverse witnesses
and to obtain the participation and examination of witnesses
on his or her behalf under conditions of equality.
V If considered to have infringed the penal law,
to have this decision and any measures imposed in consequence
thereof reviewed by a higher competent, independent and
impartial authority or judicial body according to law.
4. State
Parties shall seek to promote the establishment of law,
procedures authorities and institutions specifically
applicable to children alleged as, accused of, or recognized
as having infringed the penal law, and in particular;
A The establishment of a minimum age below which
children shall be presumed not to have the capacity to
infringe the penal law;
B Whenever appropriate and desirable, measure for
dealing with such children without resorting to judicial
proceeding, providing that human rights and legal safeguards
are fully respected.
5.
A
variety of dispositions, such as care, guidance and
supervision orders; counseling; probation; foster care;
education and vocational training programmes and other
alternatives to institutional care shall be available to
ensure that children are dealt with in a manner appropriate to
their well being and proportionate both to their circumstances
and the offence.
Article 41
Nothing in the present Convention shall affect any provisions
which are more conducive to the realization of the right of
the child and which may be contained in:
A The law of a State Party or
B International law in force for that state.
PART II
Article 42
State Parties undertake to make the principles and provisions
of the Convention widely known, by appropriate and active
means, to adults and children alike .
Article 43
1. For
the purpose of examining the progress made by State Parties in
achieving the realization of the obligations undertaken in the
present Convention, there shall be established a Committee on
the Rights of the Child, which shall carry out the function
hereinafter provided.
2. The
Committee shall consist of 10 experts of high moral standing
and recognized competence in the field covered by this
Convention. The member of the Committee shall be elected by
State Parties from among their nationals and shall serve in
their personal capacity, consideration being give to equitable
geographical distribution, as well as to principal legal
systems.
3. The
members of the Committee shall be elected by secret ballot
from a list of persons nominated by State Parties. Each State
Party may nominate one person from among its own nationals.
4.
The
initial election to the Committee shall be held no later than
six months after the date of the entry into force of the
present Convention and thereafter every second year. At least
four months before the date of each election, the
Secretary-General of the United Nations shall address a letter
to State Parties inviting them to submit their nominations
within two months. The Secretary General shall subsequently
prepare a list in alphabetical order of all persons thus
nominated, including State Parties which have nominated them,
and shall submit it to the State Parties to the present
Convention.
5. The
elections shall be held at meetings of State Parties convened
by the Secretary-General at United Nations Headquarters. At
those meetings, for which two – thirds of State Parties shall
constitute a quorum, the person elected to the Committee shall
be those who obtain the larges number of votes and an absolute
majority of the votes of the representatives of State Parties
present and voting.
6. The
member of the Committee shall be elected for a term of four
years. They shall be eligible for re-election if denominated.
The term of five of the members elected at the first election
shall expire at the end of two years; immediately after the
first election, the names of these five member shall be chosen
by lot by the Chairman of the meeting.
7. If
a member of the Committee dies or resign or declares that for
any others cause he or she can no longer perform the duties of
the Committee, the State Party which nominated the member
shall appoint another expert from among its nationals to serve
for the remainder of the term, subject to the approval of the
Committee.
8. The
Committee shall establish its own rules of procedure.
9. The
Committee shall elect its officers for a period of two years.
10. The
meeting of the Committee shall normally be held at the United
Nations Headquarter or at any other convenient place as
determined by the Committee. The Committee shall normally meet
annually. The duration of the meeting of the Committee shall
be determined, and reviewed , if necessary, by a meeting of
the State Parties to the present Convention, subject to the
approval of the General Assembly.
11. The
Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance
of the functions of the Committee under the present
Convention.
12. With
the approval of the General Assembly, the member of the
Committee established under the present Convention shall
receive emoluments from the United Nations resources on such
terms and condition as the Assembly may decide.
Article 44
1. State
Parties undertake to submit to the Committee, through the
Secretary- General of the United Nations, reports on the
measures they have adopted which give effect to the rights
recognized herein and on the progress made on the enjoyment of
those rights:
a.
Within two years of the entry into force of the
Convention for the State
Party concerned;
b.
Thereafter every five years.
2. Reports
made under the present article shall indicate factors and
difficulties, if any, affecting the degree of fulfillment of
the obligations under the present Convention. Reports shall
also contain sufficient information to provide the Convention
in the country concerned.
3. A
State Party which has submitted a comprehensive initial report
to the Committee need not, in its subsequent reports submitted
in accordance with paragraph 1 (b) of the present article,
repeat basic information previously provided.
4. The
Committee may request from State Parties further information
relevant to the implementation of the Convention.
5. The
Committee shall submit to the General Assembly, through the
Economic and Social Council, every two years, reports on its
activities.
6. State
Parties shall make their reports widely available to the
public in their own countries.
Article 45
In order to foster the effective implementation of the
Convention and to encourage international co-operation in the
field covered by the Convention:
(a)
The
specialized agencies, United Nations Children’s Fund and other
United Nation organs shall be entitled to be represented at
the consideration of the implementation of such provisions of
the present Convention as fall within the scope of their
mandate. The Committee may invite the specialized agencies,
United Nations Children’s Fund and other competent bodies as
it may consider appropriate to provide expert advice on the
implementation of the Convention in areas falling within the
scope of their respective mandates. The Committee may invite
the specialized agencies, United Nations Children’s Fund and
other United Nations organs to submit reports on the
implementation of the Convention in areas falling within the
scope of their activities;
(b)
The
Committee shall transmit, as may consider appropriate, to the
specialized agencies, the United Nations Children’s Fund and
other competent bodies, any reports from State Parties that
contain a request, or indicate a need, for technical advice or
assistance, along with the Committee’s observations and
suggestions, if any, on these requests or indications;
(c)
The
Committee may recommend to the General Assembly to request the
Secretary- General to undertake on its behalf studies on
specific issues relating to the rights of the child;
(d)
The
committee may make suggestions and general recommendations
based on information received pursuant to articles 44 and 45
of the present Convention. Such suggestions and general
recommendation shall be transmitted to any State Party
concerned and reported to the General Assembly, together with
comments, if any, from State Parties.
Part III
Article 46
The present Convention shall be open for signature by all
State.
Article 47
The present Convention is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General
of the United Nations.
Article 48
The present Convention shall remain open for accession by any
State. The instruments of accession shall be deposited with
the Secretary-General of the United Nations.
Article 49
1. The present Convention shall enter into force on
the thirtieth day following the date of deposit with the
Secretary-General of the United Nations of the twentieth
instrument of ratification or accession.
2. For
each State ratifying or acceding to the convention after the
deposit of the twentieth instrument of ratification of
accession, the Convention shall enter into force on the
thirtieth day after the deposit by such State of its
instrument of ratification or accession.
Article 50
1.
Any
State Party may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General
shall thereupon communicate the proposed amendment to State
Parties, with a request that they indicate whether they favour a conference of
State Parties for the purpose of
considering and voting upon the proposals. In the event that,
within four month from the date of such communication, at
least one-third of the State Parties favour such a
conference, the Secretary-General shall convene the conference
under the auspices of the United Nations. Any amendment
adopted by a majority of State Parties present and voting at
the conference shall be submitted to the General Assembly for
approval.
2.
An
amendment adopted in accordance with paragraph 1 of the
present article shall enter into force when it has been
approved by the General Assembly of the United Nations and
accepted by a two-thirds majority of State Parties.
3.
When
an amendment enters into force, it shall be binding on those
State Parties which have accepted it, other State Parties
still being bound by the provisions of the present Convention
any earlier amendments which they have accepted.
Article 51
1.
The
Secretary-General of the United Nations shall receive and
circulate to all State the text of reservations made by
State at the time of ratification or accession.
2.
A
reservation incompatible with the object and purpose of the
present Convention shall not be permitted.
3.
Reservations
may be withdrawn at any time by notification to that effect
addressed to the Secretary-General of the United Nations, who
shall then inform all State. Such notification shall take
effect on the date on which it is received by the
Secretary-General.
Article 52
A State Party may denounce the present Convention by written
notification to the Secretary-General of the United Nations.
Denunciation becomes effective one year after the date of
receipt of the notification by the Secretary-General.
Article 53
The Secretary-General of the United Nations is designated as
the depository of the present Convention.
Article 54
The original of the present Convention, of which the Arabic,
Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited with the
Secretary-General of the United Nations.
In witness thereof the undersigned plenipotentiaries, being
duly authorized thereto by their respective Governments, have
signed the present Convention.
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