Research in Brain Drain
Analysis of child rights protection in correctional home (SERC)
1. INTRODUCTION
A right is an entitlement related to the permissible and prohibited action in the ambience of society and social institution. It is deeply attached to the wrongs and duties. Therefore, the concept of right is closely related to the concept of duties. (P.J. Fitzgerald, (1999).
There is no universal definition of child under the laws of different countries, including Nepal. On the domestic law front, the Indian Penal Code, 1860 of India provides the act of child under seven years of age (section 82) and that of a child above seven and below twelve of (section 83) are not considered as crimes. “Children are those who are below the age of 16 in some countries such as Bangladesh and Sr Ilanka, 18 in Afghanistan, Bhutan, Maldives, Pakistan, United Kingdom, France, and USA and 20 in Japan.” (Laxmi Prasad Mainali, (2066).
Nepalese laws do not define the term ‘child rights’. Article 1 of the SAARC Convention, 2002 defines Rights of Child as, “the rights of children embodied in the UN Convention on the Rights of Children”. The UN Convention on the Rights of Child, 1989 provides four sets of basic rights. They are:
a) Right to survival: This right includes the right to secured birth, life as well as adequate standards of living. (Article 6). b) Right to protection: this right includes the freedom from all forms of exploitation, abuse, inhuman treatment. (Article 2). Similarly, right to special protection for positive action. c) Right to development: This right includes right to education, care, social security, recreation, health, opportunities, physical, mental, religious, moral and social development of children. (Article 5, 24, 26, 28). d) Right to participation: This right includes right to participation in decision making and their implementation processes. Such rights are freedom of thought, freedom of expression, right to association, right to
1. INTRODUCTION
A right is an entitlement related to the permissible and prohibited action in the ambience of society and social institution. It is deeply attached to the wrongs and duties. Therefore, the concept of right is closely related to the concept of duties. (P.J. Fitzgerald, (1999).
There is no universal definition of child under the laws of different countries, including Nepal. On the domestic law front, the Indian Penal Code, 1860 of India provides the act of child under seven years of age (section 82) and that of a child above seven and below twelve of (section 83) are not considered as crimes. “Children are those who are below the age of 16 in some countries such as Bangladesh and Sr Ilanka, 18 in Afghanistan, Bhutan, Maldives, Pakistan, United Kingdom, France, and USA and 20 in Japan.” (Laxmi Prasad Mainali, (2066).
Nepalese laws do not define the term ‘child rights’. Article 1 of the SAARC Convention, 2002 defines Rights of Child as, “the rights of children embodied in the UN Convention on the Rights of Children”. The UN Convention on the Rights of Child, 1989 provides four sets of basic rights. They are:
a) Right to survival: This right includes the right to secured birth, life as well as adequate standards of living. (Article 6). b) Right to protection: this right includes the freedom from all forms of exploitation, abuse, inhuman treatment. (Article 2). Similarly, right to special protection for positive action. c) Right to development: This right includes right to education, care, social security, recreation, health, opportunities, physical, mental, religious, moral and social development of children. (Article 5, 24, 26, 28). d) Right to participation: This right includes right to participation in decision making and their implementation processes. Such rights are freedom of thought, freedom of expression, right to association, right to
References: Balkrishna Pokhrel (et al.), (eds.) (2040), Nepali Comprehensive Dictionary, (1st ed.), Kathmandu Krishna Prasad Bashyal, Nepal Law Campus, (2012). Prof. Nomita Aggrawal, (2010), Jurisprudence: Legal Theory, (8thed.), Allahabad: Central Law publications. Central Child Welfare Board (CCWB), (2068 B.S.), State of Children of Nepal, Kathmandu: CCWB.