The conceptual critics of child right



There is no denying the fact, due to unhealthy situation, a child may be infected with evil mind and as a result, he or she disintegrates and stigmatizes by in flowing into the world of murkiness as well as misleading from where he or she can never get rid of. He commits crime, such as smuggling, robbing, murdering, snatching and dilapidation etc. Failure waits for him everywhere. Even if, he is attracted by innumerable but deadly forbidden things. Not being educated, he becomes addicted to evil works in society. He becomes unknown about the world being transient and allusion of momentary affairs, which has no eternal value in the real sense. In many times, it is observed by degrees that he becomes go-getting and many detrimental tricks are acted upon in societal life. He is familiar with that being crooked and atrocious work, the society cannot mull over him as an evil person; never the less; every body is in the way to run after such forbidden things. In many times the terror leaders greet him and support him to do the forbidden things. Thus a person becomes the leader of the country and occupies a very influential position in the society by doing all the forbidden things like bribing, mal practicing and thieving. Hence forth, it is seen that from every branches of the Government corruption is a common phenomenon for which the nation would like to lead a healthy life. Bangladesh is a highly populated country and as such the double entendre among her resources and needs are prevailing every time to a great extent. Due to despondency of wealth, here one-fourth people cannot satisfy their daily needs for which no one is pleased with his family life. It is a very difficult doodad for someone to acquire a job, as there are fewer vacancies in offices, industries and so on. When people cannot find any occupation or job for earning their livelihood, they do not get any alternative measures except committing crimes. So being without a job is a reason for life form a criminal and the opportunist apply this sense in evil manner and sway him to do the job of roguish and dreadful deeds for which he remains exhausted through out his whole life.
                 As per scrawny socio-economic condition in our country, a child does not need a companion to live with society, friendship and love. That is why; the people make friendship in the hope to have good fortune to deal future life. But every friend might not stand beside another friend in weal and woe. He sometimes pushes him towards danger and inspires him for doing anti-social activities, which is called ‘crime’. Therefore, being a criminal, he may be tainted with the deceptive people. Suffice it to say that due to aggravated socio-economic conditions customary in our country, our society of youths is leading very miserable life. They are creating hindrance and preventing the people from dealing normal life as they are sometimes no longer lost to play a role of terrorists as well as miscreants. Due to the fact that poverty is the indispensable reason for doing criminal assault on the part of the youths. Any person belonging to a poor family has to pass his days through hard struggle. He surely wants to develop his condition. On the other hand, for being poor, he does not get opportunity to be educated properly. Consequently, he cannot have any respectable occupation. At last, finding no other alternatives, he commits crime as his profession. If we are able to reach our goal as expected, it is universal that glory of success must wait for us in future. But we must have to work arduously for that golden opportunity. Otherwise our all hopes and aspirations will be nipped in the bud. No one cannot get salvation of ideal love and peace from God by following the path vices and misfortune. Dr. Faustus was an uncommon genius but by committing seven deadly sins with the exchange of his soul into the hell by taking 24 years kingdom in the eternal world had been thrown to the hell.  Lucifer, the owner of the hail grew jealous of him for his talent and geniuses and made a deed by way of Mephistopheles with Faustus. Later, Faustus became lamented but due to his colossal crime, he was thrown to the hell for his misdeeds for long 24 years. That is to say, if a man is addicted to bad habits during childhood, he cannot get rid of from such criminal assault for which he has to repent on through out his whole life. Youth is the best season of good harvest and as such it is likes mild mud and henceforth, he needs to precede his life very carefully.  Mainly for these three reasons, we are loosing many brightly illuminated resource personnel to place them on the basis of ‘Right man for the right place' of our country. We need to end all these frolicsome activities. We must come across some way to get rid of mischievous debris and save the bewildered people of our country. The Government also should take actions against such awful activities. First of all, the people here should be aware of the explosion of population and they must not possess more than two children. Secondly, we need to be careful about making friendship, so that we don’t have any bad company. And at last, we must have to recognize the importance of education. No matter how poor we are, we have to try our level best to gain knowledge. In this context, Socrates said," Knowledge is virtue, from knowledge, virtue and goodness flourish; from ignorance, he said, all that is evil."
It has been stated that the States Parties should take all appropriate measures to secure the recovery of protection for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial dependability for the child lives in a State different from that of the child, States Parties should promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements. It has been stated that the States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they should, in particular:

lMake primary education compulsory and available free to all;
lEncourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;
lMake higher education accessible to all on the basis of capacity by every appropriate means;
lMake educational and vocational information and guidance available and accessible to all children;
lTake measures to encourage regular attendance at schools and the reduction of drop-out rates.
lStates Parties should take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention.

 It has been stated that the States Parties should promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account should be taken of the needs of developing countries.  States Parties agree that the education of the child should be intended for:

lThe growth of the child's personality, talents and mental and physical abilities to their fullest potential;
lThe expansion of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;
lThe progress of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;
lThe groundwork of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;


It has been stated that the States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. It has clearly mentioned that the States Parties should take lawmaking, managerial, societal and enlightening measures to ensure the implementation of the present article. To this end and having regard to the relevant provisions of other international instruments, States Parties should in particular:

Ø  Provide for a minimum age or minimum ages for admission to employment;
Ø  Provide for appropriate regulation of the hours and conditions of employment;
Ø  Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.
Ø  It has been stated that the states Parties should take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties and to prevent the use of children in the illicit production and trafficking of such substances.

It has been stated that the States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties should in particular take all appropriate national, bilateral and multilateral measures to prevent: States Parties should take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.

Ø  The inducement or coercion of a child to engage in any unlawful sexual activity;
Ø  The exploitative use of children in prostitution or other unlawful sexual practices;
Ø  The exploitative use of children in pornographic performances and materials.


It has been specified that the States Parties should ensure the following criteria: No child should be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release should be imposed for offences committed by persons below eighteen years of age;

lNo child should be underprivileged of his or her liberty illegitimately or arbitrarily. The arrest, detention or imprisonment of a child should be in conformity with the law and should be used only as a measure of last resort and for the shortest appropriate period of time;
lEvery child deprived of liberty should be treated with humanity and respect for the inherent dignity of the human person and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty should be separated from adults unless it is considered in the child's best interest not to do so and should have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
lEvery child deprived of his or her liberty should have the right to on time access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority and to a prompt decision on any such action. It has been stated that the States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.

There is no denying the fact that the States Parties should take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities. It has been stated the States Parties should refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties should endeavor to give priority to those who are oldest. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties should take all feasible measures to ensure protection and care of children who are affected by an armed conflict. It has been stated that the States Parties should take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or chastisement; or equipped conflicts. Such recovery and reintegration should take place in an environment which fosters the health, self-respect and self-esteem of the child. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

To this end and having regard to the relevant provisions of international instruments, States Parties should, in particular, ensure that:

·         No child should be suspected as, be lay blame on of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;
·         To have the free assistance of an interpreter if the child cannot understand or speak the language used;
·         To have his or her privacy fully respected at all stages of the proceedings. 3. States Parties should seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:
·         The establishment of a minimum age below which children should be presumed not to have the capacity to infringe the penal law;
·         Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

It has been affirmed the child shall be scheduled instantly after confinement and shall have the precise from birth to a name, the right preserve nationality and. as far, and the right to know and be concerned for by his or her parents. It has been stated in UN charter that the States Parties should make certain the completion of these rights as per their general law and their requirement under the relevant global instruments in this field, in particular where the child would otherwise be stateless. It has been stated the states Parties undertake to respect the right of the child to preserve his or her uniqueness, including nationality, name and family members as standard by law without against the law involvement. The children who are found begging need to be sorted out and they should be positioned in a place which is suitable for their development. The social authorities and other welfare organization should come forward to settle them in a systematic manner. Other wise the hopes and aspiration would be nipped in the bud and in this context, Somerset Maugham says,”

It is difficult to pass over the razor’s edge,
But the wise say the path to salvation is hard”


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