International developments in the late 19th century: The "first wave" of the child rescue movementThe first manifestations of child protection services with a legal mandate to intervene to

protect children from abuse and neglect emerged in the late 19th century, initially in the

form of charitable and philanthropic endeavours (Jeffreys & Stevenson, 1996). Often

referred to as the first wave of the child rescue movement, developments in the United

States and the United Kingdom helped to pave the way for change in Australia. In the

United States, the much-publicised case of Mary Ellen McCormack in the 1870s is widely

accepted as the catalyst for the creation of laws to protect children from maltreatment by

caregivers. Mary Ellen McCormack was a 10-year-old girl who experienced ongoing

physical abuse by her adoptive mother in New York. As there were no laws to protect

children from cruelty, the American Society for the Prevention of Cruelty to Animals was

approached to assist. It took the case to court on the basis that Mary Ellen was a "human

animal" and therefore entitled to protection comparable to that given to animals. The case

saw Mary Ellen placed in an orphanage and her caregiver imprisoned. This soon led to the

establishment of the New York Society for the Prevention of Cruelty to Children (NYSPCC).

Founded in December 1874, the society was the first child protection agency in the world

(NSPCC, 2000; NYSPCC, 2000). The establishment of the NYSPCC also led to child

protection legislation and the establishment of juvenile courts in the United States (Fogarty,

2008).

In the United Kingdom there was considerable resistance towards protection of children

from their parents as this was seen as "interfering" in the private sphere of the family.

Specific child protection legislation was viewed as an invasion of the family (Fogarty, 2008).

Nevertheless, child protection did emerge in the United Kingdom after Thomas Agnew, a

banker from Liverpool, England, visited America in 1881 where he observed the work of the

NYSPCC (NSPCC, 2000). Agnew returned to England in 1882 where, inspired by the

NYSPCC, he went about establishing the first child protection service in the United

Kingdom, the Liverpool Society for the Prevention of Cruelty to Children, founded in 1883.

This paved the way for the establishment of the London Society for the Prevention of

Cruelty to Children in 1884. The society changed its name to the British National Society for

the Prevention of Cruelty to Children (NSPCC) in 1889 and expanded its charter to include

all children living in the United Kingdom. In the same year, the lobbying efforts of NSPCC

were rewarded with the passing of the Prevention of Cruelty to Children Act, commonly

known as the "Children's Charter". The Act enabled society to intervene for the first time to

protect children from cruelty or neglect perpetrated by their parents, where previously a

parent's ownership of a child gave parents the right to treat their child in any way they saw

fit, barring murder.

Children’s Rights History

Historical overview of the Children’s rights evolution

In the Antiquity, nobody thought to give special protection to children.

In the Middle-Age, children were considered as “small adults”.

In the middle of the 19th century, the idea appears in France to give children special

protection, enabling the progressive development of “minors’ rights”. Since 1841, laws

start to protect children in their workplace. Since 1881, French laws include the right for

the children to be educated.

At the beginning of the 20th century, children’s protection starts to be put in place,

including protection in the medical, social and judicial fields. This kind of protection

starts first in France and spreads across Europe afterwards.

Since 1919, the international community, following the creation of The League of

Nations (later to become the UN), starts to give some kind of importance to that concept

and elaborates a Committee for child protection.

The League of Nations adopts the Declaration of the Rights of the Child on September

16, 1924, which is the first international treaty concerning children’s rights. In five

chapters it gives specific rights to the children and responsibilities to the adults.

The Geneva Declaration is based on the work of the Polish physician Janusz Korczak.

World War II and its casualties leave thousands of children in a dire situation.

Consequently, the UN Fund for Urgency for the Children is created in 1947, which

became UNICEF and was granted the status of a permanent international organization

in 1953.

From its inception, UNICEF focuses particularly on helping young victims of WW2,

taking care mainly of European children. But in 1953 its mandate is enlarged to a truly

international scope and its actions expanded to developing countries. UNICEF then puts

in place several programs for helping children in their education, health, and their

access to water and food.

Since December 10, 1948, the Universal Declaration of Human Rights recognizes that

“motherhood and childhood are entitled to special care and assistance.”

In 1959 the General Assembly of the UN adopts the Declaration of the Rights of the

Child, which describes in 10 principles the children’s rights. Whereas this text has not

been signed by all the countries and its principles have only an indicative value, it paves

the way to a Universal Declaration of Children Rights.

After the adoption of the Universal Declaration of Human Rights, the UN wanted to

introduce a Charter of Human Rights which would be enforceable and would oblige the

states to respect it. Thus, a Commission on Human Rights was set up to write this text.

In the midst of the Cold War and after hard negotiations, two texts complementary to the

Universal Declaration of Human Rights were adopted by the General Assembly of the

UN in New York:

The International Charter for Economical, Social and Cultural Rights recognizes the right to

the protection against economical exploitation, the right to be educated and the right to

healthcare

The Charter related to Civil Rights establishes the right to have a name and a nationality.

The year 1979 is declared International Year of the Child by the UN. That year saw a

real change of spirit, as Poland makes the proposal to create a working group within the

Human Rights Commission, which is in charge of writing an international charter.

The Convention on the Rights of the Child is adopted unanimously by the UN General

Assembly on November 20, 1989. Its 54 articles describe the economic, social and

cultural rights of the children.

The Convention on the Rights of the Child is the text in relation to human rights which

has been the most rapidly adopted. This text becomes an international treaty and enters

in force on September 2, 1990, after being ratified by 20 states.

The Organization for African Unity adopts the African Charter for the Rights and Welfare

of the Child on July 11, 1990.

The Worst Forms of Child Labour Convention is adopted on June 17, 1999.

In May 2000, the optional protocol to the International Charter of the Child Rights

regarding the participation of children in armed conflicts is ratified. It entered into force

in 2002. This text prohibits minors taking part in armed conflicts.

As of today, the International Charter of the Child Rights has been signed by 190 states

of 192, even though there are a few reservations concerning certain parts of the text.

Only the US and Somalia have signed but not ratified.

Today, its idea and its forceful character are almost universally accepted. However, its

application could still be improved and the transformation of words into acts remains to

be done. In a world where the urgency is the master, where a child dies of hunger every

5 seconds, it is time to join theory together with its application….maybe it should have

started with that ?

 Constitution of India

The Indian constitution accords rights to children as citizens of the country, and in keeping with their special status the State has even enacted special laws. The Constitution, promulgated in 1950, encompasses most rights included in the UN Convention on the Rights of the Child as Fundamental Rights and Directive Principles of State Policy. Over the years, many individuals and public interest groups have approached the apex court for restitution of fundamental rights, including child rights. The Directive Principles of State Policy articulate social and economic rights that have been declared to be “fundamental in the governance of the country and … the duty of the state to apply … in making laws” (Article 37). The government has the flexibility to undertake appropriate legislative and administrative measures to ensure children’s rights; no court can make the government ensure

them, as these are essentially directives. These directives have enabled the judiciary to give some landmark judgements promoting children’s rights, leading to Constitutional Amendments as is in the case of the 86th Amendment to the Constitution that made Right to Education a fundamental right.

 

Constitutional Guarantees that are meant specifically for children include:

 

Right to free and compulsory elementary education for all children in the 6-14 year age group     (Article 21 A)     

Right to be protected from any hazardous employment till the age of 14 years (Article 24) Right to be protected from being abused and forced by economic necessity to enter occupations

unsuited to their age or strength (Article 39(e))  Right to equal opportunities and facilities to develop in a healthy manner and in conditions of

freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Article 39 (f)) 

Right to early childhood care and education to all children until they complete the age of six years (Article 45)

 

Besides, Children also have rights as equal citizens of India, just as any other adult male or female:

 

Right to equality (Article 14)            Right against discrimination (Article 15) Right to personal liberty and due process of law (Article 21)            Right to being protected from being trafficked and forced into bonded labour (Article 23) Right of minorities for protection of their interests (Article 29) Right of weaker sections of the people to be protected from social injustice and all forms of

exploitation (Article 46) Right to nutrition and standard of living and improved public health (Article 47)

Right to Survival - to life, health, nutrition, name, nationality Right to Development - to education, care, leisure, recreation, cultural activities Right to Protection - from exploitation, abuse, neglect Right to Participation - to expression, information, thought, religion

Q: What is the the Convention on the Rights of the Child?A: The Convention on the Rights of the Child (CRC) is an internationally recognized agreement between nations which establishes a comprehensive set of goals for individual nations to achieve on behalf of their children.

In general, the Convention calls for:

Freedom from violence, abuse, hazardous employment, exploitation, abduction or sale Adequate nutrition Free compulsory primary education Adequate health care Equal treatment regardless of gender, race, or cultural background The right to express opinions and freedom of though in matters affecting them Safe exposure/access to leisure, play, culture, and art.

Recognizing the special vulnerability of children, all of these goals are expressed with respect to a child's age and evolving capacities - the child's best interests are always the paramount concern. The Convention repeatedly emphasizes the primacy and importance of the role, authority and responsibility of parents and family; it is neutral on abortion; and is consistent with the principles contained in the Bill of Rights.

What Does the Convention on the Rights of the Child Say?

The UNCRC defines the child as a person under 18 years of age. It

acknowledges the primary role of parents and the family in the care and

protection of children, as well as the obligation of the State to help them

carry out these duties.Read the full text of the United Nations Convention on

the Rights of the Child.

The UN Convention consists of 41 articles, each of which details a different

type of right. These rights are not ranked in order of importance; instead

they interact with one another to form one integrated set of rights. A

common approach is to group these articles together under the following

themes:

1. Survival rights: include the child’s right to life and the needs that are most

basic to existence, such as nutrition, shelter, an adequate living standard,

and access to medical services.

2. Development rights: include the right to education, play, leisure, cultural

activities, access to information, and freedom of thought, conscience and

religion.

3. Protection rights: ensure children are safeguarded against all forms of

abuse, neglect and exploitation, including special care for refugee children;

safeguards for children in the criminal justice system; protection for children

in employment; protection and rehabilitation for children who have suffered

exploitation or abuse of any kind.

4. Participation rights: encompass children's freedom to express opinions, to

have a say in matters affecting their own lives, to join associations and to

assemble peacefully. As their capacities develop, children should have

increasing opportunity to participate in the activities of society, in preparation

for adulthood.

The UN Convention includes four articles that are given special emphasis.

These are also known as ‘general principles’. These rights are the bedrock

for securing the additional rights in the UN Convention.

that all the rights guaranteed by the UNCRC must be available to all children

without discrimination of any kind (Article 2);

that the best interests of the child must be a primary consideration in all

actions concerning children (Article 3);

that every child has the right to life, survival and development (Article 6); and

that the child’s view must be considered and taken into account in all matters

affecting him or her (Article 12).