The Logic of the Legal Strategy of International Childrens Rights - Essay Example

Topic: Lecturer: Presentation: Introduction Behaviour of an individual or a group is dictated mostly by cultural norms. It is the society that dictates what constitutes defiant behaviour and punishment for such offence. However, culture is diverse and varies from one community to the other hence the need for a unifying factor prompting the establishment of laws that govern human behaviour and offer them protection against rights violation. These laws apply to all regardless of age, sex, nationality and religion among others. This was achieved through the universal declaration of human rights in 1948 which aims at protecting all humans against oppression and discrimination.1 Children are considered as humans below the age of 18 years and have rights and freedoms. They are supposed to be protected and cared for by provision of basic needs which are regarded as children rights and are guarded by use of international children’s rights law. However, it is the duty of governments to safeguard and uphold these rights and freedoms regardless of political, economic and cultural systems. This paper is a critique of international children’s rights. Forms of Children’s Rights Children rights are those human rights that are geared towards ensuring the well being of a child in terms of provision of basic needs such as food, housing and healthcare. They also ensure children are protected from abuse, exploitation and discrimination as well as those rights that enhance proper development of children both physically and mentally.2 The UN Convention on the Rights of the Child classifies children rights into four categories based on the principles of non- discrimination, right to life, survival and development and respect for children views.3 Survival rights involve the basic needs required by children for survival such as food, proper housing, clothing and access to health care. Every child has a right to life as articulated on article 6 of the convention. Government should also ensure provision of basic services like health care to reduce child mortality. A child is also entitled to live in a good environment with both parents and provided with good living standards which comprise of good nutrition and housing. Survival rights also involve care for children with special needs, refugees and the minority in society.4 Health care and social security are also important aspects for child survival as stated on article 24 and 26 of the convention. These rights depend on economic status of parents, legal guardians or the economic development of the country and therefore it is not easy to enforce through legal process unless is due to negligence and not due to lack of resources. Development rights are closely related to survival rights and are for enhancing physical and mental development of a child. Governments have an obligation to provide free primary education and make secondary education accessible. Gareth (336)5 emphasizes the need for education in enhancing children productivity. All children should have equal access to education without discrimination in terms of gender, tribe or belonging to a minority group. Children also have a right to be trained in various areas of development, have access to valuable information regarding their rights and access to recreational facilities to enhance their growth.6 All these rights ensure a child develops in the right manner to become a useful member of society. Denying a child these rights is punishable by law however; if the means of providing for these needs is not available then the parents cannot be held accountable. A government may lack funds to provide free education or make education accessible to all by building schools in all regions and therefore disadvantaging some areas through no fault of its own. Various organizations help in realization of survival and development rights by provision of required resources. Another category is the right to protection. Children are prone to abuse and exploitation from various sources. It is therefore the duty of the state with the help of community to make legal and social provisions that ensure protection of children from exploitation especially use of child labour, abduction and being used in pornography.7 The child also needs protection from abuse whether sexual, physical or emotional abuse as stipulated in article 19 of CRC. Child abuse takes the form of defilement, early marriage, female genital mutilation, corporal punishment or neglect and abandonment by parents or guardians. Children should also be protected against disasters and should be the first to get relief if such events occur. According to article 7 of the convention, a child has a right to have a name and nationality.8 There is no excuse for not ensuring the protection of children. Violating these rights is a serious offence punishable by law. Various organizations like UNICEF help to protect children against all forms of violence and disasters and care for disadvantaged children and war victims. The last category of rights is the participation rights. These are the opportunities and means given to children to express themselves. Children have a right to get involved in matters affecting their lives and are allowed to participate in community development.9 The child has a right to freely express himself by receiving and giving ideas and information on important issues including giving evidence where required. Children are also free to play, and participate in club activities. In a nutshell participation rights encompass freedom of expression and association as well as giving opinion on matters affecting his/her life as stated in articles 7, 12 and 13 of CRC. These rights are enforced by use of child rights clubs where children are educated on their rights and are encouraged to exercise different opinions and freedom of expression among others.10 Theoretical Issues Concerning Human Rights Human rights are international norms that guard people against political, legal and social abuses. They were adopted by nations in 1948 through the universal declaration of human rights although they keep changing with time through various treaties.11 Issues concerning human rights affect children in different ways. Among the human rights is the right to vote, freedom of speech and expression. People usually fight for a democratic government which values these rights. If a country is not ready to embrace democracy, people feel their rights are being infringed and hence fight to acquire it. Wars have serious implications such as loss of lives and decline in economic growth hence poverty and poor living standards, malnutrition due to lack of proper diet, loss of life for the child or the parents hence destroying the family. Democracy also involves rule by the majority groups who enforce their policies on minorities.12 This can lead to oppression and discrimination of the minority. Some weak democracies face hostile oppositions leading to emergence of extremists.13 The fights between extremists cause political instability and economic downturns creating an unsuitable environment for children to live in. Racism is another issue that prevents proper execution of human rights thereby affecting the welfare of children. The human rights law stipulates that all human beings are equal and should be treated equally without discrimination but this is only in theory for some states especially European nations which are multi-racial.14 The American Africans are discriminated against and this follows to their children who suffer the same fate. Freedom of speech is viewed positively and negatively in the sense that some believe it contributes to racism and its consequences while others believe it is ones right to talk about racism. As parents suffer exploitation, so do the children who depend on them for survival and development. Racism is therefore a hindrance to a child’s growth and denies it right of association. Women rights include issues such as access to productive health education, right to own and inherit property, gender equality among others. Women are discriminated in all aspects; politically, socially and economically. In some countries women are not allowed to vote or engage in political issues hence are denied right of expression. Women also perform agricultural work which is the backbone of an economy and means of survival for the family but remain poor due to lack of a source of income.15 Women are also subjected to sexual and domestic violence. Gender discrimination against women affects mostly the girl child who is subjected to early marriage, female genital mutilation, sexual abuse and lack of access to education as boys are given first priority.16 Poverty among women due to health problems, wage discrimination and poor climatic conditions makes survival and development rights of children unattainable. For sustainable development, women need to be empowered economically. The rights of indigenous people have been neglected for long. These are the people displaced from their settlements by colonialists. Most of them lived in the forest practising nomadic pastoralists and hence settlers took advantage of the undeveloped land to settle. The indigenous people were forced to work as slaves and were a source of cheap labour. The settlers built dams and deforestation continues hence threatening their survival. These minority groups are discriminated against and denied their cultural rights.17 Generations of the indigenous people who are the children continue being exploited and denied opportunity to exercise their culture and traditions and still fight to reclaim their land. These former colonialists therefore cannot recognize the rights of indigenous people as they would lose land ownership. Formation of corporations is important as it enhances economic growth and provides employment to many people. However, these corporations have become a hindrance to achievement of human rights. Their aim is to make profit and hence they use unfair labour practices to achieve the same. They use child labour, give poor wages and influence governments to make policies to their advantage.18 Corporations create poor working environment and poor living standards hence preventing proper growth and development of children. Political and Economic Factors Causing Children Suffering Children sufferings are mostly brought about by economic problems as well as poor governance. The economic growth of a country determines the standard of living of citizens. Increase in per capita income means individuals have money to spend and save for further investments but only if income is distributed evenly. An economic decline due to factors such as inflation, recession and natural disasters leads to poverty increases which translate to hunger, malnutrition, poor housing, and low standard of living for children.19 Children also lack access to education and it also becomes difficult to provide healthcare hence child mortality. Unemployment causes people to crowd in urban areas and result to crime as a way of sustaining their needs.20 Children are thus prone to such crimes and some are abandoned and become street children. Girls are sexually abused through prostitution as a way of satisfying their hunger and also because they lack education and thus are prone to sexually transmitted diseases. Political factors also have great impact on children’s lives. A poor government policy such as heavy borrowing impoverishes citizens. Structural adjustment programs imposed by IMF and World Bank to countries who borrow money cause serious repercussions.21 A country is prone to foreign investments at the expense of local industries hence reducing income for citizens. Government also reduces spending on essential services like health and education hence disadvantaging the children. Trade agreements which are not favourable to citizens also lead to poverty. Corruption in government reduces development of infrastructure and other essential services causing the children to suffer through poor health and lack of education.22 Various UN organizations deal with economic injustices and sufferings for children. International labour organization is also working hand in hand with those organizations to solve employment issues related to child labour and poor working conditions. Such organizations as UNICEF, UNDP and UNESCO are crucial in lobbying for child rights. The United Nations Convention on the Rights was ratified by nations and is the basis of child rights law.23 Amnesty International also fights for the rights of the child especially those involved in military activities. Causes of Social problems for Children Children develop behavioural and social problems due to various reasons. These problems are alcoholism, drug abuse, sadness and withdrawal among others.24 Such social problems occur due to emotional instability of children due to stressful events or lack of love. Divorce among parents can have severe emotional consequences on the child making him/her to start taking alcohol. Bullying in schools and death or illness of close friends and relatives also cause emotional disturbance. The solution to these problems involves parents talking to children. However, this is not easy as children are not comfortable talking about their problems with parents. Others become addicts due to influence of peers hence stopping the habit is difficult. Arguments about Necessity of Children Rights Proponents argue that children are entitled to rights for survival and development and should be involved in giving opinion on matters affecting them. Critics argue that children are minors incapable of making own decision.25 According to them, children are supposed to be taken care of and hence it is the duty of parents or society to provide and make decisions best for them thus avoiding conflict. If the society develops a positive attitude towards children then oppression and exploitation would not occur. Children’s rights should therefore be limited and society made to change attitude towards children for proper development of a child. Conclusion The convention on the rights of the child plays a great role in ensuring children rights are respected. However, most of the rights especially for survival and development are taken care of by parents even without laws. On the other hand, some parents neglect children causing them a lot of suffering hence should be made accountable. Societies have different cultures and way of dealing with errant members but for equality, international laws were established and international community has achieved great success in ensuring rights of child. Many countries have ratified the convenvention and various organizations have been set up to assist in realization of rights. These include; human rights council, commission on human rights, children commissioners and non-governmental organizations. Read More