Child right conflicts
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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