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.
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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