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Tuesday, March 20, 2018

Child right phenomena

There is no denying the fact that a child is only a child, not a boy, not girl and in preservation of the rights of the children, the role of media cannot be ignored. They can focus the neglected children who are living beyond poverty and scattered here and there and even in remote places. Due to poverty and underdeveloped socio-economic factors in the country, the children are lying neglected and are compelled to engage themselves in reprehensible profession like begging, thieving and pick-pocketing etc., and in this connection it is noted that ours is a developing country and the rate of child labour is increasing day by day. The only reason is illiteracy and poverty for which we are losing bright manpower every time. The respective media should explore such neglected talents and should create the awareness for the wealthy people who have capacity to educate them. The government should hunt and assemble them for their best education for which the proper citizen of the country will be developed in a systematic manner.

The States Parties of the world should recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement. In UN charter, it has been stated that the States Parties should recognize for every child the right to assistance from social safekeeping, including social indemnity and should take the necessary measures to accomplish the full awareness of this right in harmony with their general law.

It has been stated the States Parties should esteem the right of the child who is estranged from one or both parents to preserve personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party should, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties should further ensure that the submission of such a request should of itself entail no adverse consequences for the person concerned. To comprehend how women executive in higher-ranking levels in organisations in the world distinguish their roles, how they feel they are being perceived and what strategies they currently use to ensure their effectiveness within their organizations, Louise Coyle, a renowned economist, conducted a research in 1996 on the role of in a developing country and her research phenomena she accomplished that these women worked within the establishment of their own organisation, indeed they were part of the establishment and as such would not overtly acknowledge that discrimination takes place. In a survey of corporate men and women, Hennig and Jardim, distinguished economists concluded the idea in 1996 in the sense that the male and female do have different beliefs, attitude and assumptions about themselves and each other, and about organisations and managerial careers. These differences result in female styles, emphases and responses that are functional for success in management.


It may be pointed out that Valerie Hammond & Vicki Holton stated that in 1984, 41% of the workforces were women (9.5 millions women) in the UK; by 1991 this had risen to 44% or 11 million employees. Twenty eight per cent of all working women held an executive or professional position. A survey by the British Institute of Management found that the number of companies employing women executives increased from 49% in 1986 to 64% in 1990. In the same period the proportion of women directors grew from 4% to 8%. But there are no women chief executives among Britain’s top 100 companies as listed in the Times 1000.Roger Young, the institute’s Director-General said “Men are the key hurdle to women in supervision. Despite some growth, old- fashioned sexist attitude are still common and represent a real, not an imagined, barrier. After analysis of women manager’s statistics of some developed country’s Louise Coyle (1996) concluded that gender discrimination and segregation crosses geographical boundaries and cultures. Women managers face the same discrimination worldwide. Patricia G. Steimhoff & kazuko Tanaka, the statistical analysis of women labour force in Japan, it was observed that, in 1990 women constitute 41% of the labour force with the important shift from the status of family worker to wage earner. By 1990 only 17% of the women in the labour force constitute either paid or unpaid family worker. They commented that, due to the peculiarity Japanese ethos of organisation in Japan women are militated against in the area of management. This is because the vast majority of managers are promoted through the ranks with in-house company training schemes. Seniority is the primary factor. Women are obviously at a decided disadvantage because they tend to have a career break after marriage. They also cited government-led commission surveyed 1497 companies in 1979 and reported that women made up 23% of the workforce but only 0.3 % held decision-making positions. In their intensive surveyed, they commented that the situation has not improved greatly over the last 20 years. Women, at present, are in inferior standing in the world of work in relation to their male counterpart. Brew and Garavan, illustrates that “Women have equality on paper, not in practice”. They concluded that structural and attitudinal barriers dispossess women of opportunity and in order to have optimal effect women-only training must be part of a comprehensive programme designed to remove each one of these barriers. In another article Ms McCarthy, E. examines inequality at a more detailed, almost anatomical level, in the areas of:





· Recruitment and hodgepodge;


· Education and advancement;


· Support;


· Assessment;


· Service arrangements.








Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties should provide appropriate assistance and fortification, with a view to re-establishing speedily his or her distinctiveness. It has been stated the states Parties should make sure that a child should not be alienated from his or her parents against their spirit, except when competent authorities subject to legal appraisal to settle on, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving ill-treatment or disregard of the child by the parents, or one where the parents are living disjointedly and a resolution must be completed as to the child’s place of abode. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification should be dealt with by States Parties in a positive, humane and expeditious manner. States Parties should further ensure that the submission of such a request should entail no adverse consequences for the applicants and for the members of their family. A child whose parents reside in different States should have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties should respect the right of the child and his or her parents to leave any country, including their own and to enter their own country. The right to leave any country should be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention. It has been stated the States Parties should take measures to combat the illicit transfer and non-return of children abroad. It has been stated that to this end, States Parties should promote the conclusion of bilateral or multilateral agreements or accession to existing agreements. It has been stated the states Parties should assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. It has been stated that for this purpose, the child should in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.






It has been stated the child should have the right to freedom of expression; this right should include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice. The exercise of this right may be subject to certain restrictions, but these should only be such as are provided by law and are necessary:


lFor deference of the rights or name of others; or


lFor the security of general safekeeping or of community order or of public wellbeing or morals.






It has been stated the states Parties should respect the right of the child to self-determination of contemplation, scruples and religion. It has been stated the states Parties should value the rights and duties of the parents and, when appropriate, legal guardians, to offer track to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. It has been stated the freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. It has been stated the states Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. It has been stated the no restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. It has been stated the no child should be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, or to unlawful attacks on his or her honour and reputation. It has been stated the child has the right to the protection of the law against such interference or attacks. It has been stated the states Parties recognize the important function performed by the mass media and should ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties should:





lTo prop up the accumulation intermediate to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;


lTo give confidence international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources;


lTo hearten the production and dissemination of children’s books;


lTo support the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;


lTo egg on the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being; we should bear in mind the provisions of articles 13 and 18.





It has been stated that the states Parties should use their best efforts to ensure acknowledgment of the standard that both parents have common household tasks for the education and expansion of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern. It has been stated that for the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties should render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and should ensure the development of institutions, facilities and services for the care of children. It has been stated the states Parties should take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.





It has been stated that the States Parties should take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, should be entitled to special protection and assistance provided by the State.


lIt has been stated that the states Parties should in accordance with their national laws ensure alternative care for such a child.


lSuch care could include, inter alia, foster placement, adoption or if necessary placement in suitable institution for the care of children. When considering solutions, due regard should be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background.





It has been stated the states Parties that recognize and/or permit the system of adoption should ensure that the best interests of the child should be the paramount consideration and they should: To ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counseling as may be necessary to recognize that inter-country adoption may be considered as an alternative means of child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin to ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption to take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it to support, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.





It has been stated that the States Parties should take suitable actions to ensure that a child who is seeking immigrant status or who is measured a migrant in accordance with applicable international or domestic law and procedures should, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. For this purpose, States Parties should provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child should be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention.








It has been stated that the States Parties make a distinction that a emotionally or in the flesh render inoperative child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community. States Parties recognize the right of the disabled child to special care and should cheer and ensure the lean-to, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child. 3. We should bear in mind the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article should be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child and should be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development States Parties should promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account should be taken of the needs of developing countries. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child. It has been stated that the States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development. It has been stated that the States Parties, in accordance with national conditions and within their means, should take appropriate measures to assist parents and others responsible for the child to implement this right and should in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.








It has been stated that the States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties should strive to ensure that no child is deprived of his or her right of access to such health care services and it is evident that they should pursue full implementation of this right and, in particular, should take appropriate measures:





v To diminish infant and child mortality;


v To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;


v To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;


v To ensure appropriate pre-natal and post-natal health care for mothers;


v To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;


v To develop preventive health care, guidance for parents and family planning education and services. States Parties should take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.


v States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account should be taken of the needs of developing countries.














From the above viewpoint, it is clear that a child is only a child, not a boy, not a girl. If we look around the world, we will find that there is no difference between men and women because they are equally positioned in the society in respect of education, social customs, research and ruling the country and in this respect, we should not disseminate a child being neglected and rather, the social force should pick such contribution to develop them in a proper way. We should not hate a child being a beggar or a maid servant. We should educate them and the authority should come forward to help them by providing hierarchical needs in question. It has been seen even, in many families, good behaviour is reflected towards them. Even, they are very much careful about building their moral and institutional shapes. In our country, many children are passing their lives miserably and the adversities know no bounds. In order to remove such bottleneck against developing, the society should come forward with a definitive purpose to settle them in a healthy environment so that they can flourish themselves in a befitting manner. There is no doubt that due to lack of proper education and good environment specifically who are living in slums, may be involved in immoral activities like thieving, robbing, snatching and terrorism. In order to amend them from being fallen, the society should rehabilate them in a proper way, if necessity the media can create awareness in this respect. In order to love the child, one should have feelings of responsibilities regarding patience, forgiveness, good bahaviour and affection. In this connection I am quoting a few lines of poems as composed by me.










“Like the dew drops falling on the grass




Glittering in the dazzling rays of the sun




She has smiles dramatic all over the world




To give impression of love at the amazing sky.




She knows no indulgence even any discord




Not even banned certainty laid the blame on,




She is clear like the shower of rain;




Who has weapons to banish the insignificant change?




She has eyes all around in the dark cloud




Like the flies to clasp in the world so high;




To eliminate shyness, murky and evils of mind,




To gather significant change of life.




Like the roses, she is scattering every side




To pact a series of beams in the sun,




To scatter the light of knowledge and skills




To inform the world that precision exists.




Her jollity reflecting like the light of the moon




To have bustling the world forthwith change




In quicker form to survive on earth




Telling of fraternity, love and peace.”

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