scholarly journals Article 36: The Right to Protection from Other Forms of Exploitation

Author(s):  
Adem Arkadas-Thibert

Abstract‘There should be awareness raising and campaigns through different mediums such as radio, TV, newspapers, forums and blogging on trafficking, abductions, child labour, child marriage and all forms of violation and discrimination against children and youths.’ (Africa).

2019 ◽  
Author(s):  
Pankaja Raghav ◽  
Abhishek Jaiswal ◽  
Manoj Kumar Gupta ◽  
Saranaya Rajavel ◽  
Diksha Dhupar

AbstractContextMining industry has boomed precipitously to provide for demand of metal and minerals for emerging infrastructure. It is major occupation in India involving large work force, although it is hazardous. Aims: To assess the socio-demographic profile of sandstone mine workers in Jodhpur and to identify their major social issues.Material and MethodsStudy design: Cross-sectional study; Setting: Residential area of mine workers, Jodhpur, Rajasthan; Participants: Mine workers residing in residential areas in Jodhpur district for more than 6 months, and who gave consent for participation in study. Data on socioeconomic status and occupation of each family members was collected; Analysis: Data was analysed using SPSS v.23. P value <0.05 was considered as statistically significant.ResultsOne thousand six hundred four mine workers were enrolled in study. More than three fourth (78.7%) of them were male. Their age ranged between 14 to 82 years with mean age of 37.62 ± 12.30 years. Mean age of female workers was significantly higher than of male workers. Average years of working for males was significantly higher than females. Mean age of entry into mines for male workers (20.33 ± 6.69) was significantly lower than females (24.59 ± 8.52). About 2.68% children below 14 years of age were involved in any sort of income generation activity. Conclusions: Majority of mine workers were of young age group. Major socioeconomic issues found were illiteracy, child marriage, child labour, loneliness and shifting economic responsibilities on females.Strengths and limitationsRobust dataset, complete enumeration, large sample size.Key messagesWhat is already known about this subject?The miners work under exploitative conditions and their families live in severe poverty with no access to health services. Families living close to the mines and are prone to developing silicosis from secondary exposure, they are also prone for malnourishment, tuberculosis and other comorbid conditions. Early deaths of the male earning member lead to vulnerable members of family to take the job for their livelihood. There are many reported widow villages where there is no male member due to death of the same by pneumoconiosis.What is the new findings?There is increasing burden on the shoulders of the vulnerable groups (children, females and elderly) among families of sandstone miners in India. Illiteracy, child marriage, child labour and loneliness are among major social problems in these families.How might this impact on policy in the foreseeable future?Families where the main bread earner died of pneumoconiosis could be provided pension to supplement for their food and health expenses requirement. Rajasthan state in India has recently launched “Silicosis Policy”, and this study signifies the importance of implementing such polices in other states in India.


1937 ◽  
Vol 6 (18) ◽  
pp. 170-178 ◽  
Author(s):  
A. G. Russell

The attitude of an imperial government towards the religions of the different peoples whom it controls has always interested historians since it is one of the criteria by which empires are judged and since it also throws considerable light on the mentality, if not the religion, of the governing people itself. We have only to look at the British Empire to realize how complex and baffling the problem can sometimes be; take India as an example—there we find an inextricable medley of peoples and beliefs, with their daily life shot through and through with a religious system and philosophy alien to Western minds, and presenting a diversity of practice and outlook bewildering to officials who often like to have even religions arranged in a nice orderly manner. How was the problem tackled there? In the proclamation at the end of the Mutiny Queen Victoria's ministers stated: ‘… we disclaim alike the right and the desire to impose our convictions on any of our subjects. We declare it to be our royal will and pleasure that none be in any wise favoured, none molested or disquieted by their religious faith or observances, but that all shall alike enjoy the equal and impartial protection of the law; and we do strictly charge and enjoin all those who may be in authority under us that they abstain from all interference with the religious belief or worship of any of our subjects on pain of our highest displeasure.’ That attitude of non-interference with religious belief or practice sounds simple enough, but it soon brought its own problems when faced with such practices as suttee and child-marriage which had the sanction of religion. It was a long time before the British Government could succeed in abolishing suttee, and its recently proposed legislation on child-marriage provoked more than a storm of protest. These are but two instances which may well illustrate the complexity of the problem; Rome found herself in somewhat similar situations when from time to time new religions as Christianity or Mithraism came into being, or when she brought under her sway races with beliefs and practices differing from her own.


2002 ◽  
Vol 9 (3) ◽  
pp. 386-409 ◽  
Author(s):  
Mahmoud Yazbak

AbstractSharī'a court records (sijills) are legal documents that summarize discussions that took place in the courtroom. They also contain a wealth of detail on various aspects of Muslim society. Drawing on different sijills from nineteenth-century Palestine and fatwās of Khayr al-Dīn al-Ramlī, I examine the phenomenon of child marriage and the practice of khiyār al-bulūgh, literally "option of puberty". If a natural guardian contracts a marriage for a minor child, male or female, the child may not subsequently have the contract annulled. Whereas a boy enjoys the right to divorce his wife through the mechanism of talāq as soon as he reaches his majority, a girl who reaches her majority must approach the court if she wants to dissolve a marriage (faskh), and she may do so only if she was married while a minor by a non-natural guardian. In this case, she may exercise her right of khiyār al-bulūgh immediately upon reaching her legal majority, i.e., at the onset of her first menstruation. But she must make a public declaration of the occurrence of menstruation so that the persons who hear the declaration may serve as witnesses on her behalf.


2021 ◽  
Vol 15 (2) ◽  
pp. 47-62
Author(s):  
Andi Nur Fikriana Aulia Raden ◽  
Azmil Fauzi Fariska ◽  
Mariana Mariana

The public understands early marriage as stated in Law No. 16 of 2019 concerning Marriage as an amendment to Law Number 1 of 1974 that child marriage occurs at the age of under 19 years for both men and women and or those who have not reached puberty. This paper aims to examine the shift in the public's perspective on the practice of early marriage explicitly that occurred in Bone Regency, South Sulawesi, and its relation to Human Rights. This study uses qualitative descriptive data analysis techniques with stages; data reduction, data presentation, and conclusion. Researchers conducted interviews with informants who had been selected through snowball sampling and purposive sampling techniques. This study shows that the community's response to early marriage has changed along with the times, namely that in the past people considered early marriage as a way to maintain family honor, but is now considered a family disgrace. Factors for early marriage include promiscuity; the honor of family and relatives, local customary norms, less educated parents, and the economic burden of the family. Meanwhile, from a human rights perspective, the practice of child marriage is a serious part of child abuse concerning the right to education and employment.Masyarakat memahami pernikahan dini sebagaimana tercantum dalam UU No. 16 Tahun 2019 tentang Perkawinan sebagai perubahan terhadap UU Nomor 1 Tahun 1974 bahwa pernikahan anak terjadi pada usia di bawah 19 tahun bagi laki-laki maupun bagi perempuan dan atau mereka yang belum akil baligh. Tulisan ini memiliki tujuan untuk mengkaji peralihan cara pandang masyarakat terhadap praktik pernikahan dini secara eksplisit yang terjadi di Kabupaten Bone Sulawesi Selatan serta kaitannya dengan Hak Asasi Manusia (HAM). Penelitian ini menggunakan teknik analisis data deskriptif kualitatif dengan tahapan; reduksi data, penyajian data, dan kesimpulan. Peneliti melakukan wawancara terhadap informan yang sudah dipilih melalui teknik snowball sampling dan purposive sampling. Penelitian ini memberikan hasil bahwa respon masyarakat terhadap pernikahan dini berubah seiring dengan perkembangan zaman, yakni yang dulunya masyarakat menganggap pernikahan dini sebagai salah satu cara untuk menjaga kehormatan keluarga, namun sekarang dianggap sebagai aib keluarga. Faktor terjadinya pernikahan dini diantaranya adalah pergaulan bebas; kehormatan keluarga dan kerabat, norma adat lokal, orang tua yang kurang terpelajar, dan beban ekonomi keluarga. Adapun jika dipandang dari perspektif HAM, praktik pernikahan anak merupakan bagian serius dari pelecehan anak sehubungan dengan hak atas pendidikan dan ketenagakerjaan.


2003 ◽  
Vol 42 (1) ◽  
pp. 77-80
Author(s):  
Afia Malik

The volume is based on the proceedings of a workshop, organised on the issue of child labour and the right to education. The studies in the volume reflect on topics related to the problems of universalising education in South Asia. All the studies are based on the experience of either Bangladesh or India, with the exception of one or two studies where a comparison with other South Asian countries is considered. The problem of child labour is quite widespread in South Asia and that has prevented children in these societies from participating in schooling. At the same time, there are children who are neither at school nor at work. The reason identified for this is not only poverty but also the school system, as well as discrimination on the basis of caste, gender, tribal, or religious reasons. The volume generally examines the patterns of social discrimination and how this problem has been aggravated by the formal educational system. It also reflects on policy interventions addressing the problem—the efforts by the government, on the one hand, and by the non-governmental organisations, on the other.


Author(s):  
Tanya Notley ◽  
Stephanie Hankey

Digital technologies, such as mobile phones and the internet, provide new opportunities for Human Rights Defenders to mobilise people, coordinate activities, uncover and document abuses, publish findings, and engage new audiences. However, with these new opportunities come new risks as well. This chapter examines the right to and need for private digital communication as part of freedom of expression in the context of carrying out human rights work. Drawing on their experiences at Tactical Technology Collective, an international non-government organisation, the authors argue that the most effective means to address the digital privacy needs of people who are defending human rights is to provide a range of support - including awareness raising media, how-to toolkits, and hands-on training - that assist Human Rights Defenders to identify and then address digital risks by changing behaviours in ways most appropriate to their local context.


Author(s):  
Michael Lavalette

Chapter one, written by Michael Lavalette, engages with many of the themes of the so-called ‘new sociology of childhood’ and looks at the recent sociological discussion of the ‘social construction’ of childhood. The chapter addresses the ways in which the concept of childhood has changed throughout history and relates these changes to other developments in society. The chapter concludes with an analysis of the consequences for children once they have been ‘liberated’ from their childhood, and attempts to distinguish the difference between child employment and child exploitation, asking if the discussion surrounding child labour should really be a discussion of whether a child has the right to work.


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