Child Rights in India

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Compulsory Education ◽  
Policy And Practice ◽  
Child Rights ◽  
Governmental Organizations ◽  
Rights Of The Child ◽  
Non Governmental Organizations ◽  
The Law ◽  
Education Act ◽  
Rights Discourse ◽  
The Right

Legislation is one of the most important tools for empowering children. Recent years have seen several key developments in the law, policy, and practice related to child rights. Significantly, with the adoption of the United Nations Convention on the Rights of the Child in 1989, a rights-based approach has acquired prominence in the child rights discourse across the world. The book analyses the laws in the light of court judgments and policy initiatives taken in India. It also examines the interventions and strategies employed by non-governmental organizations in recommending legislative reforms in support of children. This fully revised third edition focuses on the new legal developments in India—such as the Juvenile Justice (Care and Protection of Children) Act, 2015; the new Central Adoption Resource Agency guidelines; the Right of Children to Free and Compulsory Education Act, 2009; and the National Food Security Act, 2013—thus attempting to integrate the law in theory and field practice. It is clear that realization of the rights of the child calls for a well defined, child friendly, national movement involving individuals, ad masses, peoples and societies, families and communities, states, and nations. Awareness of child rights by stakeholders is crucial.

Economic and Social Rights, Budgets and the Convention on the Rights of the Child

2013 ◽  
Vol 21 (2) ◽  
pp. 248-277 ◽  
Author(s):  
Aoife Nolan
Keyword(s):  
Decision Making ◽  
Social Rights ◽  
Child Rights ◽  
Rights Of The Child ◽  
Budget Analysis ◽  
Key Issues ◽  
Significant Obstacle ◽  
The Right ◽  
The Relationship

Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.

scholarly journals The Role of Open and Distance Learning in the Implementation of the Right to Education in Zambia

2008 ◽  
Vol 9 (1) ◽  
Author(s):  
Richard Siaciwena ◽  
Foster Lubinda
Keyword(s):  
Human Rights ◽  
Distance Learning ◽  
Right To Education ◽  
Youth Policy ◽  
Child Rights ◽  
Rights Of The Child ◽  
Child Policy ◽  
Open And Distance Learning ◽  
The Right

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.

scholarly journals Foreign Policy of Hungary Towards Ukraine or “European Menu à la Carte”

2018 ◽  
pp. 603-612
Author(s):  
Serhii Esaulov
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
Law And Order ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Historical Justice ◽  
The World ◽  
Formed Part ◽  
The Right ◽  
Expert Community

The author raises the issue of settling conflicts around the world and discusses modern attempts to establish law and order. Particular attention is paid to the intricate relations between Hungary and Ukraine. With Russia’s aggression against Ukraine there was ruined a system of international relations, which provided for the rule of law, the right to settle disputes without applying military tools, force or threats. Russia initiated a new precedent of impunity, insolent violation of the fundamental norms of international law, and demonstrated the world how the borders may be redrawn as one sees fit and “bring historical justice”. The author notes that one of the reasons for the escalation of the conflict between Hungary and Ukraine has become the language issue. Still, however pity it is, all attempts of the Ukrainian side to resolve conflict matters have appeared to be vane, since Budapest is reluctant to listen to and consider any arguments of Kyiv, being fully distracted by its demand. It is hard to imagine that in civilized “old” Europe, Germany, for instance, would express claims or even threaten France for the fact that pupils in schools of the French region of Alsace (until 1918, its territory formed part of Germany that attempted to annex it at times of the Second World War) are taught in the official language – French, not in the language of the neighbouring country, even though the Alsatian and German languages are equally spoken there. Unfortunately, Hungary seems not to be ready to follow the example of the Franco-German reconciliation in terms of relations with all neighbours, despite the philosophy of its membership in the EU and NATO. The revenge-seeking attitudes of the Hungarian political establishment regarding the revision of borders according to the Versailles and Yalta systems of international relations are constantly boosted in all directions in the neighbouring countries, where ethnic Hungarians live (Romania, Slovakia, Serbia and Ukraine). The so-called “formula of protecting interests of Russian citizens in Crimea and Donbas” adopted from Putin has apparently laid the foundation for the foreign policy strategy of V. Orban. First, as regards the appeal to make the region of ethnic Hungarians’ residence autonomous and subsequently – the appeal to hold a referendum on separation. The author summarizes that along with the political and diplomatic efforts, a substantial role in easing the tension in relations with Budapest should be played by non-governmental organizations and the expert community though holding forums and scientific conferences aiming at discussing the above-mentioned issues. Keywords: Hungary, conflict, Law on Language, geopolitics, strategies, foreign policy, Ukraine.

scholarly journals The Legal Conundrum in the Implementation of the Convention on the Rights of the Child in Nigeria

2021 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Ibrahim Danjuma ◽  
Karatu Afabwaje Joel
Keyword(s):  
International Law ◽  
Child Rights ◽  
National Assembly ◽  
Binding Force ◽  
Full Compliance ◽  
Rights Of The Child ◽  
International Laws ◽  
United Nations Convention ◽  
The Law ◽  
Global Agency

International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.

scholarly journals Model Residential School Education to Scheduled Caste Pupils in Kerala

2021 ◽  
Vol 9 (2) ◽  
pp. 31-36
Author(s):  
P M Rejimon ◽  
R Smitha
Keyword(s):  
Compulsory Education ◽  
Residential Schools ◽  
Caste System ◽  
High Rate ◽  
Residential School ◽  
Caste Development ◽  
Education Act ◽  
The Government ◽  
Daily Wage ◽  
The Right

There are about forty lakh scheduled caste people in Kerala. Most of them are poor and daily wage workers. The socio-economic backwardness of scheduled caste people is a historically determined outcome of a caste system in India. Education is the only way for them to get out of this historical whirlwind of economic deprivation, denial of rights and social exclusion. The Government of India passed The Right to Education Act in 2010 and it ensures “free and compulsory education” for all children aged 6 to 14. The government of Kerala has introduced many innovative programs to provide education for scheduled caste pupils in the state. “Model Residential School” owned and managed by the Scheduled Caste Development Department of The Government of Kerala, is one of such successful initiatives. Model Residential Schools take special care to cater to the educational needs of the underprivileged children and help them to attain quality education. In this article, the investigators explore the role played by the model residential schools in the educational development of scheduled caste pupils in Kerala and particularly in solving the burning issue of a high rate of dropouts among scheduled caste pupils.

Legislating Right, Contemplating Duty: Parliamentary Debate on RTE Second Amendment Bill

2021 ◽  
Vol 27 (3) ◽  
pp. 204-224
Author(s):  
Manoj Kumar ◽  
Ronita Sharma
Keyword(s):  
Elementary Education ◽  
Compulsory Education ◽  
Indian Children ◽  
Parliamentary Debates ◽  
Second Amendment ◽  
Parliamentary Debate ◽  
Lower House ◽  
Indian State ◽  
Education Act ◽  
The Right

The study is an attempt to understand the prevailing discourse in India on education as a right by closely reading the parliamentary debates on The Right of Children to Free and Compulsory Education (Second Amendment) Bill, 2017. Prior to the passing of the above-mentioned amendment bill The Right of Children to Free and Compulsory Education Act, 2009 had debarred schools from detaining or expelling a child till the completion of her elementary education. This provision was amended by the Indian Parliament by passing the bill. When the bill was moved in the Indian parliament it generated debate on the various aspects of education and schooling. The study critically analyses the texts of two proceedings of the parliamentary debate: one from the lower house (Lok Sabha) and the other from the upper house (Rajya Sabha). The study concludes that the deliberation on the bill turned the right-based approach on elementary education almost upside down. The 86th amendment in the Indian constitution and subsequent enactment of the Right of Children to Free and Compulsory Education Act, 2009 had recognized children in the age group of 6–14 years as ‘right holders’ while the Indian state had been identified as the ‘duty bearer’. The discourse emerged in the Indian Parliament during the debate on the Amendment Bill, 2017 constituted Indian children of school-going age, their parents and teachers as groups accountable to the state for achieving the goals for universal elementary education, while the Indian state was constituted as an entity with the right to demand compliances from children, parents and teachers.

scholarly journals Participatory Approach to Gap Analysis between Policy and Practice Regarding Air Pollution in Ger Areas of Ulaanbaatar, Mongolia

2020 ◽  
Vol 12 (8) ◽  
pp. 3309
Author(s):  
Bonjun Koo ◽  
Jong-Il Na ◽  
Throstur Thorsteinsson ◽  
Ana Maria Cruz
Keyword(s):  
Air Pollution ◽  
Local Governments ◽  
Cultural Context ◽  
Gap Analysis ◽  
Community Members ◽  
Policy And Practice ◽  
Pollution Levels ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Government

Ulaanbaatar, the capital of Mongolia, suffers from severe air pollution during the long winter months, and its air pollution levels are among the highest in the world. Residents in the ger areas of Ulaanbaatar are unable to take advantage of the laws and policy regulations to reduce air pollution despite years of efforts to address this issue by international and local organizations including the government of Mongolia (GoM). Important challenges and barriers that have limited the success of various governmental policies that tackle air pollution problems were identified through participatory approaches. In order to do this, personal interviews were conducted with various stakeholders such as officials from central and local governments, government agencies, non-governmental organizations (NGOs), international organizations, and academia. Moreover, a workshop was conducted to elucidate the views of ger area community members in Ulaanbaatar. Based on the results of these interviews and workshop, the gaps between the policy approaches of the government, the actual conditions, and the desired situations of the residents to improve air quality in Ulaanbaatar were analyzed. The large gaps that were identified between the national and local perspectives on air pollution issues demonstrated that the reduction of air pollution in Ulaanbaatar requires solving fundamental and complex problems based on a better understanding of the specific conditions and needs of the residents of the ger areas. Moreover, active participation and discussion of the residents at the workshop indicated that community-based approaches could be applied in the cultural context of Mongolia with promising results in finding solutions.

Calling the farce on minority schools

2018 ◽  
pp. 57-70
Keyword(s):  
Supreme Court ◽  
Private Schools ◽  
Compulsory Education ◽  
Quality Education ◽  
Minority Status ◽  
The Supreme Court ◽  
Education Act ◽  
Definition Of ◽  
The Right

This chapter looks at the Indian Supreme Court's exemption of minority schools from the requirements of the Right of Children to Free and Compulsory Education Act 2009 (RTE Act). It argues that the consequences of the minority school exemptions from the RTE Act by the Supreme Court have led to the unfortunate result of a large number of private schools falsely appealing for minority status. This is made possible by the ambiguous definition of what constitutes a minority institution and also the lack of clarity as to who is the authority that would declare schools to be minority schools. There is therefore an urgent need to review the definition of what constitutes a minority institution. More importantly, it is crucial to argue that minority schools should not be exempted from the norms and standards prescribed in the RTE Act that are necessary for quality education.

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