International Child Protection Measures - Essay Example

International Social Work "Childhood is now generally perceived to be a social and historical construction that is generated and maintained by the cultural milieu in which it is situated" James and Prout (1990) qtd. in Lawrence, 2004 : pp. 36 Introduction: Children are often found at the receiving end of adverse circumstances mostly due to their vulnerability and lack of social / political power. They often fall prey to adverse social or political strife resulting in poverty, armed conflicts, child trafficking, as well as adversities forced upon them due to environmental calamities such as forced migration, starvation or seeking shelter in refugee camps. The fact that children are highly susceptible to external social, political and environmental factors has further added to their exploitation raising deep concerns internationally, regarding their safety, health and well-being (Ungar, 2005). It is on account of these reasons that the international communities and organizations have taken active interest in promoting and protecting the interests and well-being of young children through introduction of effective laws. The UN Convention on the Rights of Child (CRC) is one such international body that seeks protection of children exposed to adversity and has included it as one of their key agendas. The child protection and welfare organizations have, over the years, actively supported and fought for safeguarding young children from intolerable conditions. They argued that a child comes into the world defenceless in the face of an aggressive and violent society and that he is the first to suffer the terrible consequences of famine, war and socioeconomic crisis (qtd. in James, 1997, pp. 191). Hence in order to uphold the moral and ethical values international agencies such as The International Union for Child Welfare, Defence for Children International, UNCRC etc seek the protection of such vulnerable groups in the society. This paper on international social work seeks to understand, assess and explore the role and impact of the concept of ‘social construction of childhood’ in the framing of international child protection laws. Social construction of childhood: Meaning and scope across cultures “Childhood exists if society says so” Phillipe Aries, (1973) The term social construction refers to the idea / notion that has been created by society. Sociologists argue that childhood is a socially constructed phenomenon since it varies across cultures and does not conform to any form of universal standard or definition. This is mainly because what is considered deviant behaviour in one culture may be considered completely normal and acceptable in another thus implying that the concept of childhood is more of a socially constructed term rather than a natural biological phase. According to Aries (1973) the concept of childhood did not exist in the middle ages (qtd. in Hunt, 2005). It is also argued that the social experiences of children are shaped and guided by the adults who essentially control them. This attitude is viewed as seeking conformity and obedience to authority rather than as a measure to offer protection to them and seek welfare of the children (James & James, 2004). The need to protect and safeguard the well-being of children is viewed as both nurturing as well as constraining at the same time. The ideal of a safe and normal childhood as prescribed by societal norms is derived from the cultural and social priorities assigned by the capitalistic and industrialized countries in Europe and the U.S. This idealistic model is also known to have been shaped by legislative frameworks and codes of welfare derived from the historical laws and regulations and in sync with the Judeo-Christian belief systems (James & James, 2004). According to (Jenks, 2005: pp. 30) “Childhood, as distinct from biological immaturity, is neither a natural nor a universal feature of human groups but appears as a specific structural and cultural component of many societies”. The Western standards that define an ideal or normal childhood are based on adultist notions whereby children are described as distinctly different as adults due to their physical and mental differences rather than due to their social characteristics. They are perceived as economically unproductive and politically ignorant. It is due to such perceptions of children in the western societies that they are viewed as vulnerable and in need of protection by adults (Desai, 2010). These western standards or norms of an ideal / normal childhood differ greatly to those observed in developing or third world countries such as Asia or Africa. The application of the western standards of ideal / normal childhood to such countries makes the lives of children living in developing countries appear to be deviant or inferior (White, 2003). Wagg (1992) states that although biologically all children experience and go through similar stages of development the concept of childhood is defined differently across cultures. This is because society perceives them differently. According to Benedict (1934) children in industrialized and western societies are treated and viewed differently as compared to those living in non-industrialized nations. In European and North American nations the notion of childhood is associated with innocence, and time for play but in countries such as Bolivia Bangladesh, and other Asian countries young children are expected to assume responsibilities at home and participate in the larger social communities (Dewan, 2009). Children in India work in glass factories, while those in Burma, Indonesia and Pakistan are employed in equally dangerous occupations such as deep-sea fishing and working as labourers in the construction industry (Hobbs, McKechnie, and Lavalette, 1999). Children in non-Western nations are considered as an integral and inherent part of the community as opposed to the western countries who perceive children as distinct from adults and follow a separatist approach. Thus they are assigned tasks which are likely to be executed easily and effectively by them. Children in countries like West Africa and in the Andes in South America, are often given livestock as inheritance by their parents, and are expected to take care of them and assume responsibilities. Such gestures indicate their distinct roles and identities as a part of the communities they live in and ensure their participation and contribution in the society Children in such countries are not expected to wait till they attain maturity i.e. 18 years of age, to act and contribute as responsible members of the society unlike in Western countries (Percy-Smith, 2010). On the contrary the children in Western countries are protected and safeguarded from working in such unsuitable environments by way of proper and effective laws. The perception of what constitutes an ideal or normal childhood differs greatly from culture to culture. Hence the sociological perspective of childhood being a constructed phenomenon holds true. International child protection measures: Application of social construction of childhood There has been a growing interest and concern regarding the safety and well-being of children and various international organizations are now seen actively participating in drafting of laws that aim to secure and safeguard young children from abusive treatment, violence and acts of hostility towards them in the wider society. The international reports on alarming acts of violence and abuse - both physical as well as emotional in countries around the world have caused global concerns. For instance the increasing incidences of child trafficking and sexual abuse against minors in countries like Thailand and Philippines, the physical and emotional abuse of children in Europe and the United States as well as the case of bonded child labourers in India have raised alarm among social and human rights activists causing them to take strict action against the perpetrators of such crimes and seeking protection and well-being of the children (Leira, 2008). Such increased incidences of child abuse and aggressive acts leading to exploitation of young children have led the international organizations to frame and implement effective laws to protect the children from abuse. Children across cultures have been historically viewed as incapable of participating actively in the society and are often expected to conform to obedience and compliance with rules laid down by the adults. However with the passage of time and in view of the rapidly changing global external environment there has been an increasing need to review and draft new child protection measures that seek to ensure full protection and care for young children. The provisions made by the Convention on the Rights of the Child have provided a fresh perspective on the plight of young children and the need to acknowledge them as eligible recipients of care rather than as mere beneficiaries of policy decisions (Desai, 2010). The sociological perspectives view children as eligible recipients of care and protection rather than mere adult supervision and authoritarian behaviour towards them. According to Beazley et al. (2006) children who have experienced physical violence, or are exposed to humiliation, threats or sexual abuse indicate the denial of basic human rights such as respect to human dignity and protection of their physical and emotional integrity. Such acts are highly condemnable since they illustrate a gross disrespect towards the children. Sociologists argue that children are as much entitled to receive respect and being treated with dignity as adults and they should be given an opportunity to express their views and opinions freely regardless of their age. Suppression of their rights to voice their opinions merely on the grounds of their age is unacceptable and against the conventions of human rights. The human rights approach acknowledges the protection of dignity of children and endorses policies that seek to protect and safeguard their freedom (Bilson & Cox, 2005, pp. 8). However despite the emphasis on protection of rights of young children international organizations such as the United Nations Convention on the Rights of the Child tend to adopt contradictory views. The UNCRC views and approaches the issue of child protection as a Universalist approach whereby childhood is defined uniformly rather than differently. Although the convention does agree and acknowledge the need to uphold, preserve and respect the cultural differences, traditions and values of countries across the globe while prescribing laws for protection and harmonious development of young children. However, the same cultural values and traditions are at times overlooked while enforcing child welfare measures. For instance Article 24 (3) of the UNCRC requires the authorities to take effective and appropriate measures to abolish conventional cultural practices which are deemed to be potentially threatening to the health of young children (Freeman, 2012). The author further argues that realm of childrens rights has failed to acknowledge childrens existence by denying them the right to voice their opinions and include their perspectives and opinions on a range of issues concerning them. The United Nations Convention for instance, is drafted and conceived by adults in order to ensure a better and safer world for children. For instance, Article 12 of the United Nations Convention states that state parties must assure to the child who is capable of forming his/her own views the right to express those views freely, on all matters concerning the child, the views of the child being given due consideration in accordance with the age and maturity of the child. However the same convention has contradicted its stand on the matter by denying this right of opinion and expression to children, since the contents of the convention are drafted by adults (Freeman, 2002). According to Article 42 of the UNCRC children and adults are required to be treated equally, thus ensuring an equal status to children in the society. However due to cultural differences many countries often fail to oblige to such laws and tend to disregard it completely. Countries in South East Asia for instance lay greater emphasis on obedience and compliance to adult authorities and the children are expected to follow the orders. Defying the orders given by the elders in such communities is regarded as rebellious behaviour and is treated with punishments including physical violence. Many communities in South Asian countries regard physical punishments by parents or immediate family members as culturally acceptable. Hence enforcing international laws which seek to prevent such forms of violence against children becomes a tedious task. It has been argued that limited or reasonable physical punishment could be regarded as excusable. However the actual enforcement of such laws is highly complicated due to the lack of clear definition of what can be considered as a limited or reasonable physical punishment (Saunders and Chris, 2010). The human rights law endorses equal treatment of both adults as well as children without exception. This ensures the right to privacy to the children as a recognizable right. Thus according to this definition, any act of physical aggression towards children can be regarded as violation of the child’s physical integrity and hence even a slight physical punishment to children would be regarded as unlawful (Freeman, 2012). The UNCRC however firmly denies the cultural and traditional justifications on the grounds that any such practice that tends to violate a childs physical integrity and endangers their lives is considered against the law and is hence a punishable offence. This includes humiliation and violent punishments meted out to children. On the basis of the above discussions it is apparent that the formation of International laws seeking equal rights and protection for children are heavily influenced and affected by cultural, social, religious and traditional practices and that enforcing such laws in countries with diverse cultures and practices could prove to be a highly daunting task. This is mainly because international human rights laws safeguards and upholds the right to respect cultural practices and forceful enforcement of international laws which tend to disregard such practices is considered a violation of one’s basic human right. The following case study of Fiji highlights the contradictory practices and international laws. Child protection measures & Social construction of childhood: Fiji The international organizations working for ensuring child protection and safety are confronted with the difficulty of coping with the standard / ideals of a normal childhood as defined in western industrialized countries versus those in other non-Western countries. This difficulty is mainly faced due to the vast cultural and social differences and the diverse roles attributed to young children in different societies. In some countries the children are given an active role in their communities while in others they are often made to assume subordinate roles and placed at the lowest order of the family hierarchy. These differences in cultural and social perspectives have a large impact on the framing of laws for child protection. The international child protection laws are hence found to be unacceptable and are rendered unenforceable due to cultural restrictions. The case of Fiji is discussed below to provide a more comprehensive understanding of the subject under consideration Fiji is dominated by three major cultural groups namely the indigenous Fijians, the Indo-Fijians and the Chinese Fijians. In both these cultural groups children are assigned a subordinate status and are at the lowest level of social hierachy. The children in these cultures are required to obey the elders and have absolutely no say in any matters including those directly concerning them. They are merely required to follow the orders of their elders and comply with them. The children are neither consulted nor included in any of the discussions involving them and at times reprimanded for speaking in the company of adults. It has been documented through various researches that children in Fijian communities are often subjected to corporal punishments and that violence against children is a commonly accepted norm. Furthermore, corporal punishments are the most widely accepted social norms in many countries and hence are regarded as completely acceptable. Such punishments are not viewed as violation of human rights, but on the contrary they are justified citing religious reasons. According to Adinkrah (1995) many communities that endorse corporal punishments claim that it is acceptable since the biblical verse spare the rod spoil the child supports such punishments as an acceptable means of disciplining children. According to Saunders and Goddard (2010) corporal punishment or physical abuse is a socially constructed phenomenon since the perception of what is regarded as offensive differs between cultures and is subject to change over time. Hence physical abuse of children by parents is viewed as a way of disciplining the child since it is in their best interest. In many cultures what goes on in the privacy of one’s home is regarded as family’s jurisdiction and as a part of child rearing rather than a crime, a violation of international human rights or as a punishable offence (Sanders and Goddard, 2010). Enforcing appropriate laws in such cases becomes highly difficult for the concerned authorities since they are likely to be faced with growing opposition and cultural backlash. . There are no laws that seek prohibition of corporal punishments in Fiji. According to Article 57 of the Juveniles Act (1974) grants the teachers, parents as well as any other person “in lawful control of a juvenile the right to administer reasonable punishment”. Thus any law seeking prevention of violence against children does not cover corporal punishments since it is regarded as acceptable. Also corporal punishment at home is considered acceptable and lawful, thus granting the parents full rights to physically assault their children without any regard for their safety and well-being. The children are rendered defenceless since they have no way to seek protection against physical violence either at home or school (Fiji, 2012). Childhood is gateway to the worlds future and although the future may look dreary as of now, the implementation of equal and just laws across the nations and ensuring its effective enforcement through perseverance will ensure a brighter future. It is of absolute significance that children be afforded an equal status in society in terms of laws and policies framed for their protection and to ensure that they are safeguarded from any form of physical or mental distress and /or abuse. They are the most vulnerable groups in the society and their well-being can only be sought through effective implementation and compliance with international child protection measures. The goal is highly realistic to achieve since the only obstacle confronting the authorities is the lack of will and reluctance to change on the part of certain countries. References: Adinkrah, M., (1995). Crime, deviance and delinquency in Fiji. Fiji Council of Social Services, Suva, Fiji. Aries, (1973). Qtd. in Hunt, P., (2005). Understanding Childrens Literature. Taylor & Francis Publication, pp. 19-21. Beazley, H. Bessell, S. Ennew, J. & Waterson, R., (2006). 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(eds) Come on Down? Popular Media Culture in Post-War Britain, London: Routledge pp. 150-178. White, B., (2003). A world fit for children? Children and youth in development studies and policies. The Hague, Institute of Social Studies. Fiji (2012). [Online] Available at: http://www.endcorporalpunishment.org/pages/progress/reports/fiji.html [Accessed on: July 10, 2012] Read More