Concept and Definition of Childhood in International Law

“Like a young plant a child takes roots in the environment where it is placed. Howsoever good the breed be if the sapling is placed on a wrong setting or an unwarranted place there would not be the desired growth. Same is the situation with the humane child.”

Childhood is the formative period of life. Human character takes its shape in childhood. Man gets deep and lasting impressions in his childhood. Because at this stage man’s mind is soft and receptive. It is just the potter’s clay. So human character should be properly shaped in childhood.

Childhood means the state and condition between birth and the attainment of adulthood. It is the time for children to be in school and at play, to grow strong and confident with the love and encouragement of their family and an extended community of caring adults. There are no duties and responsibilities on the shoulders of a child. A child lives in bliss of ignorance and innocence.

When I was a child the World seemed to be a place of joy and happiness to me. There was nothing worth worrying about. It is that precious time in which children should live free from fear, safe from violence and protected from abuse and exploitation.

In 1989, the UN General Assembly adopted the Convention on the Rights of the Child. This is the first international human rights treaty to bring together the Universal set of standards concerning children in a unique instrument, and the first to present child rights as a legally binding imperative (essential).

The Convention defined childhood as “a separate space from adulthood and recognized that what is appropriate for an adult may not be suitable for a child”.

Childhood is the age span ranging from birth to adolescence. It consists of two stages preoperational stage and concrete operational stage.

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In developmental psychology childhood is divided up into the developmental stages of toddlerhood (learning to walk) early childhood (play age) middle childhood (school age) and adolescence (puberty through post puberty).

Various childhood factors could affect a person’s attitude formation.

The concept of childhood emerged during the 17th and 18th centuries, particularly through the educational theories of the philosopher John Locke and the growth of literature for and about children. Previous to this point children were often seen as incomplete versions of adults.

Age Range of Childhood: The term childhood is non specific and can imply a varying range of years in human development.

Developmentally and biologically, it refers to the period between infancy and adulthood. Childhood is a concept of play and innocence that ends at adolescence.

In the legal systems, there is an age of majority, when Childhood officially ends and a person legally becomes an adult. The age ranges anywhere from 15 to 21, with 18 being the most common.

Developmental Stages of childhood:

The infancy stage or toddlerhood when the child begins speaking or taking steps independently. While toddlerhood ends around age three when the child becomes less dependent on parental assistance for basic needs, early childhood continues approximately through seven years or eight.

Early Childhood spans the human life from birth to age eight. At this stage children are learning through observing experimenting and communicating with others. We as adults supervise and support the development process of child, which then leads to child’s autonomy.

Middle Childhood begins at around seven or eight, approximating primary school age. It ends around puberty which typically marks the beginning of adolescence. In this period, children are attending school, thus

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developing socially and mentally. They are at a stage where they make new friends and gain new skills, which will enable them to become more independent and enhance their individuality.

Adolescence is usually determined by the onset of puberty. The onset of adolescence brings various physical, psychological and behavioral changes in the child. The end of adolescence and the beginning of adulthood varies by country and by function.

Before 17th century children were represented as mini adults. During 1600s the concept of childhood began to emerge in Europe. Adults saw children as separate beings, innocent and in need of protection and training by the adults around them.

The English Philosopher John Locke was particularly influential in defining this new attitude towards children. He considered the mind at birth to be a “blank slate”. The mind of the child was born blank, and that it was the duty of the parents to imbue (object becoming completely permeated or impregnated by some quality) the child with correct notions.

Building on the ideas of John Locke and other 17th Century thinkers, Rousseu described Childhood as a brief period of sanctuary before people encounter the perils and hardships of Adulthood.

The modern attitude to children emerged by the late 19th century, the Victorian middle and Upper Classes emphasized the role of the family and the sanctity of the child. In Modern times the concept of childhood appears to evolve and change shape as lifestyles change and adult expectation alter. Some believe that children should not have any worries and should not have to work; life should be happy and trouble free.

“The parental care and warmth would provide to them, enough strength to stride through the path of thorny poverty. A child would learn a lot in his life from the bed time fairy tales, under the parental care, whether he or she be, in a hut or a palace. The ‘sweet and sour’ family environment may cool down, the heat of his thirst and hunger. Though poverty may taste bitter to him, the parental care and affection may be sweet and soothing. Nothing can substitute

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it. The silky bed or velvet clothes, sweet bread or honey, a golden bowl spoon at an institution, may not replace the warmth of a family environment.” The said observations were made by the Kerala High Court in a case where parent was asking release of the children from an orphanage.

The statement was based on Principle 6 of United Nations Declaration on The Rights of Child,1959 as “the child, for the full and harmonious development of his personality, needs love and understanding. He shall, whenever possible, grow up in the care and under the responsibility of his parents, and in case in an atmosphere of affection and moral and material security; a child of tender years shall not, save in exceptional circumstances, be separated from his mother.”

Treatment that is consistent with the child’s sense of dignity and worth is a fundamental principle of juvenile justice. This principle reflects the fundamental human right enshrined in Article 1 of the Universal Declaration of Human rights that all human beings are born free and equal in dignity and rights. Respect of dignity includes not being humiliated , personal identity, boundaries and space being respected, not being labeled and stigmatized, being offered information and choices and not being blamed for their acts.

Childhood is usually a mixture of happiness, wonder, angst and resilience. It is generally a time of playing, learning, socializing, exploring and worrying in a World without much adult interference aside from parents. It is a time of learning about responsibilities without having to deal with adult responsibilities. Childhood is the golden period in human life.

“Children are the World’s most valuable resource and its best hope for future.”The word by former US President John Kennedy reveals how precious children are. That is why we celebrate “Children’s Day all around the World.

Welfare of the child though of a recent origin has become not only a national but also an international endeavor. The international community along with organisations like League of Nations, United Nations and ILO has formulated legislations and policies that have helped in developing the concept of childhood and child welfare. At the National level India being a developing

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country having adverse socio-economic conditions resulting in the malnutrition, high IMR, adverse child sex ratio, child labour and child abuse, the concept of childhood and child welfare is slowly taking shape so that no child is excluded from having a secure and safe childhood. The concept of childhood and child welfare needs to be developed further by disseminating information about the child welfare services; ensuring that every child attends school compulsorily; providing vocational education to ensure that children are able to derive maximum benefits from the education they receive; proper health facilities before and after the birth of the child.

All Kerala Anti Corruption and Human Rights Protection Council vs State of Police Chief and others

This is the leading case in which a group of writ petitions were considered by the Kerala High Court regarding the children brought from several Northern states to the orphanages in Kerala. The court observed that young children are future of our country. A society shapes as its children are shaped. The obligation to bring up children is not only the obligation of parents alone, but the society and State has also to play an affirmative role in bringing right environment for all round development of children which is also the constitutional philosophy.

In this Case the petitioner’s submitted that the children have a right to live in their own community and culture. Being plucked from their natural habitat, culture and language to an alien culture, habitat and languages would cause immense psychological strain on the tender minds and violation of their right to life.

The State shall, in particular, direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

It is explained why the State has to send back the children by quoting the reasons as: On 20th November, 1989 General Assembly of the United

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Nations adopted the Convention on the Rights of the Child wherein a set of standards to be adhered to by all State parties in securing the best interests of the child has been prescribed. The Convention emphasizes social integration of child victims, to the extent possible, without resorting to judicial proceedings. The Government of India, having ratified the Convention, has found it expedient to reenact the existing law relating to juveniles bearing in mind the standards prescribed in the Convention on the rights of the child, the United Nations standard Minimum Rules for the Administration of Juvenile Justice,1985 (The Beijing Rules), the United Nations Rules for the Protection of Juveniles deprived of their Liberty (1990), and all other relevant international instruments. To achieve this objective the Juvenile Justice (Care and Protection of Children) Bill was introduced in the Parliament.

If there be no proper growth of children today, the future of the country will be dark. It is the obligation of every generation to bring up children who will be citizens of tomorrow in a proper way. Today’s children will be the leader of tomorrow who will hold the country’s banner high and maintain the prestige of the nation. If a child goes wrong for want of proper attention, training and guidance, it will indeed be a deficiency of the society and of the Government of the day. A problem child is indeed a negative factor. Every society must, therefore, devote full attention to ensure that children are properly cared for and brought up in a proper atmosphere where they could receive adequate training, education and guidance in order that they may be able to have their rightful place in the society when they grow up.”

Principle of family responsibility:

(a) The primary responsibility of bringing up children, providing care, support and protection shall be with the biological parents. However, in exceptional situations, this responsibility may be bestowed on willing adoptive or foster parents.

(b) All decision making for the child should involve the family of origin unless it is not in the best interest of the child to do so.

(c) The family-biological, adoptive or foster (in that order), must be held responsible and provide necessary care, support and protection to the

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juvenile or child under their care and custody under the Act, unless the best interest measures of mandates dictate otherwise.

The Three Cs of Healthy Child Development

Research and community wisdom converge to point the way to essential experiences that allow children and youth to grow up to be caring, responsible adults. Even in the face of high-risk conditions, these “three Cs” can serve as important protective factors that enable children to rise above risk. So where are the opportunities for children to experience these three Cs at each stage of child development? And what can each of us do in our own families, communities and workplaces to ensure that all children have enough of the three Cs to see them through?

The First C of Child Development: Connection Research shows that the number one protective factor in a child’s life is enduring connections to caring, supportive adults. These essential connections begin in the earliest days of life, ideally in the context of the family where strong, secure attachments to parents and other sensitive, responsive caregivers lay the foundation for child development. As children move into the school years, connections to teachers and other caring adults, and also to peers, become increasingly important, allowing children to feel a sense of belonging not only in the family, but in the larger community as well. These connections provide the context for building lifelong social skills and for focusing attention and energy into academic learning and the development of special interests and talents. Even as children become teens with increasing autonomy and responsibility for self, strong connections to parents and other caring adults continue to be the touchstone from which young people spread their wings and practice the roles that will carry them through to a healthy, satisfying adult life.

The Second C of Child Development: Competence At each stage of child development, children need to experience what it means to be effective, to influence what happens, to handle the challenges of day to day life, and to discover what it means to do something well. A baby has her first experience

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of competence when her cries and sighs and babbles are effective in drawing adults to her to offer comfort or stimulation. Gradually, the child who has been comforted by others develops the ability to calm herself and to regulate feelings and impulses — a central feature of social-emotional competence. Beyond infancy, from the toddler years through the teens, young people are most likely to thrive when others teach, coach, facilitate and model positive social skills and coping strategies. They shine when, regardless of their innate ability, they are helped to develop at least one domain of competence, be it the arts, sports, or academics. True confidence and self-worth are grounded not in superficial praise, but in real experiences of mastery and accomplishment. Especially for young children, these critical experiences of competence happen most often in the context of relationships with caring, supportive adults.

The Third C of Child Development: Contribution Building on connection and competence, the third C captures the importance of engaging children in ways that allow them to discover what they can contribute to the wellbeing of their family and community. From the toddler who gently pats mom’s back when she doesn’t feel well or the preschooler who does his part to clean up after free play, to the fourth grader who reads to the kindergartner or the high school student who launches a conflict resolution program, young people need to be allowed, encouraged and supported in identifying and using their unique qualities and skills for the common good. At each stage of life, children need to be valued as full participants in—and contributors to—the communities in which they live and grow.

Studies on Moral Judgement

We can use it to define the four broad stages through which the child passes in his moral development. He begins in a state of anomy—that is, lawlessness—in the true sense of the word. Being without rules governing behaviour, he is at the mercy of instinct and impulse. Hence, secondly, the need of heteronomy, that is, rules imposed by others. The child comes under the sway of such heteronomy from the very beginning. The rules are external to him, and he inevitably interprets them within the narrow limits of his

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egocentric immaturity. Their purpose is the increasing control of impulse, and their sanctions are rewards and punishments. Without such heteronomy the child could not develop an inner morality of his own.

At 7 years, when the child is overwhelmingly dominated by heteronomy, the characteristic emotion is fear of offence and of consequent punishment, of whatever kind. At 9 years this fear is merging into an inner discomfort that is typically expressed as ‘guilt’.Towards the age of 8 years we begin to observe an inner moral awareness. The child, in developing relationships with his peers, becomes conscious of the give and take between them. Hence the development of the sense of reciprocity, for which the classic age is 9 to 11 years. Such strict reciprocity is typically expressed in the parrot cry, ‘It isn’t fair.’ From the Latin word socius, meaning ‘comrade’ or ‘friend’—and hence our word ‘society’—we can define this as the stage of socionomy. This term is broad enough to include, not only the sense and activity of reciprocity, but also the growing awareness of others that makes the child desire their approval of him. Hence the power of social praise and blame at this stage. But these are not the only influences at work. The child is beginning, however clumsily, to put into practice the rules learnt through heteronomy. At about 11 years we see the dawning of the final stage of autonomy—that is, self-rule. It is marked by the progressive interiorisation of the rules learnt under the sway of heteronomy, and therefore by the development of inner moral attitudes that are strongly toned by emotion. At 11 years the term ‘conscience’ is becoming familiar, and at 13 years it is common.

The process of development, defined in these four stages, has three characteristics. The first is the progressive interiorisation of heteronomous precepts. The second is the increasing development of inner attitudes that are powerfully emotionally-toned, fear merging into guilt and guilt into conscience. The third is the growing exercise of putting into practice the rules of conduct learnt from heteronomy. Since these rules are so often badly taught, we observe the tortuous struggle in adolescence to remain true to the heteronomous principles that have been absorbed, and yet to adapt them to the clearly felt obligations of relationships with others. These four broad stages in moral development were first delineated by McDougall (1908). His rather

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static picture is brought to life through the dynamic analysis of Piaget (1932), although, as we have seen, Piaget’s overriding concern to prove his preconceived theory leads to a distortion of the evidence, and so to a false pattern of development. Yet he does provide ample empirical evidence to justify the description of development in terms of stages.

As the poet aptly describes:

Dear harmless age! The short, swift span

Where weeping virtue parts with man

Where love without lust dwells, and bends

What way we please without self ends.

An age of mysteries! Which he

Must live twice that would God’s face see

Which angels guard, and with it play

Angels! Which foul men drive away.

Poem: Childhood by Henry Vaughan.

Bibliography:

1.Moral Judgement From Childhood to Adoloscence by Norman J Bull

2.Wikipidea from internet.

3.Child Rights and the Law by Dr.Nuzhat Parveen Khan

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