CRC child definition
S E C T I O N II
Definition of the Child
(Article 1)
42
India: First Periodic Report on the CRC
Article 1
For the purposes 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 is attained earlier.
Definition of the Child
2
Definition of the Child
Article 1
1. Article 1 defines the holder of rights under the CRC as ‘every human being below the age of
18 years unless under the law applicable to the child, majority is attained earlier.’ The
Convention clearly specifies the upper age limit for childhood as 18 years, but recognises that majority may be obtained at an earlier age under laws applicable to the child. The article, thus, accommodates the concept of an advancement of majority at an earlier age, either according to the federal or State laws of a country, or personal laws within that country. However, the upper limit on childhood is specified as an age of ‘childhood’ rather than ‘majority’, recognising that in most legal systems, a child can acquire full legal capacity with regard to various matters at different ages.1
2. Thus, while the Convention defines a “child” as every human being below the age of 18 years, it allows for minimum ages to be set, under different circumstances, balancing the evolving capacities of the child with the State’s obligation to provide special protection.
Accordingly, Indian legislation has minimum ages defined under various laws related to the protection of child rights.2
3. Though legislation has been enacted to make 18 years the general age of majority in India,
21 years continues to be the upper limit for childhood for some purposes, partly due to the influence of nineteenth-century English Law and partly due to current exigencies.3 For example, India recognises 21 years as the age of majority in circumstances where a guardian has been appointed by the Court for a child below the age of 18
Definition of the Child
(Article 1)
42
India: First Periodic Report on the CRC
Article 1
For the purposes 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 is attained earlier.
Definition of the Child
2
Definition of the Child
Article 1
1. Article 1 defines the holder of rights under the CRC as ‘every human being below the age of
18 years unless under the law applicable to the child, majority is attained earlier.’ The
Convention clearly specifies the upper age limit for childhood as 18 years, but recognises that majority may be obtained at an earlier age under laws applicable to the child. The article, thus, accommodates the concept of an advancement of majority at an earlier age, either according to the federal or State laws of a country, or personal laws within that country. However, the upper limit on childhood is specified as an age of ‘childhood’ rather than ‘majority’, recognising that in most legal systems, a child can acquire full legal capacity with regard to various matters at different ages.1
2. Thus, while the Convention defines a “child” as every human being below the age of 18 years, it allows for minimum ages to be set, under different circumstances, balancing the evolving capacities of the child with the State’s obligation to provide special protection.
Accordingly, Indian legislation has minimum ages defined under various laws related to the protection of child rights.2
3. Though legislation has been enacted to make 18 years the general age of majority in India,
21 years continues to be the upper limit for childhood for some purposes, partly due to the influence of nineteenth-century English Law and partly due to current exigencies.3 For example, India recognises 21 years as the age of majority in circumstances where a guardian has been appointed by the Court for a child below the age of 18