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What is Child Rights?

Child Rights are specially classified human rights of persons below the age of 18 years. As per Article 15(3) of the Constitution of India, the State can make special provision for children and such special provisions cannot be construed as violation of Right to Equality (Article-14) is enshrined in the Constitution. As per 2(6) CPCR Act 2005 ‘Child Rights’ includes the children’s rights adopted in the UNCRC on the 20th November, 1989 and ratified by the Government of India on the 11th December, 1992.

The rights conferred on children in UNCRC can broadly be classified into four kinds of rights:

  1. Right to Survival: A child’s right to survival begins before a child is born. According to Government of India, a child life begins after twenty weeks of conception. Hence the right to survival is inclusive of the child rights to be born free right to minimum standards of health, food, shelter and clothing, and the right to live with dignity. 
  2. Right to Development: Children have the right to all forms of development: Emotional, Mental and Physical. Emotional Development is fulfilled by proper care and love of a support system, Mental Development through education and learning and Physical Development through recreation, play and nutrition. 
  3. Right to Protection: A child has the right to be protected from neglect, exploitation and abuse at home, and elsewhere. 
  4. Right to Participation: A child has a right to participate in any decision making that involves him/her directly or indirectly. There are varying degrees of participation as per the age and maturity of the child.