Evolution of child rights

At the end of world war two the situation was dramatic, victims were numerous, 45 to 50 million deaths of which half was civilian and 13 million orphans. The international community mobilized to assist victims and to work for reconstruction. States envisioned a new supranational organization, The United Nation Organization, and specialized agencies such as Unicef to rescue children and Unesco to ensure the educational reconstruction. At the heart of this reorganization process, children had a place of their own. The international community was willing to redefine the basis for their proper development. After the adoption in 1948 of the Universal Declaration of Human Rights, the Save the Children international union- Thought it was timely to ask the UN to reaffirm the Geneva Declaration. However, for many, the Universal Declaration was sufficient.
                The UN nevertheless managed to make recognized the value of a specific document for children’s rights. Yet the UN considered the Geneva declaration as dated so they decided to transform it into a new charter. The human rights commission received the first version of the declaration in 1950. Busy drifting, drafting the international convention human rights. It lofted the side until 1957. At that date, tensions related to the cold war with such that the negotiations had stalled. The commissions decided to reopen discussions on children’s rights. The doubts as to the relevance of adopting a treaty specific to children, in addition to the universal declaration, arose again. Members of the Human Rights Commission also wondered whether the treaty should be a declaration of principles or a Prescriptive treaty creating obligations for the states. All the debates occurred about child protection before birth. All the freedom of parents to ride their children according to their religion. However, at the heart of the Cold War Children’s rights appeared to be a neutral ground.
                The Human Rights Commission had to come up with an accomplishment, and therefore could find compromises. These compromises produced a soft blend of general principles and enforcements provisions. Nonetheless, interesting additions are worth mentioning. The principle of non-discrimination, that of the best interest of the child and social security, the civil right to a name, and nationality. The due right to education and right not to work and finally, the right to play and to recreation, are very specific to childhood.
                Now I will present three sequences presenting the evolution of the children’s rights debate in various settings. Africa Latin America and Asia with a focus on India’s experience. I’m going to elaborate about evolution of children’s rights in Africa, the harmonization of children’s laws in domestic legislations in Africa. And a bit of reflection of some of the opportunities but also the challenge that exists in terms of pushing the boundaries for the realization of children’s rights in Africa. Historically, I think it would be very difficult to say that traditional Africa respected children’s rights. But I think, while saying this, we also need to acknowledge the fact that a number of practices within the African continent. Actually indicate that women and children were actually given a lot of values. 
                You might find some practicing some traditions where, even during times of war, children and women are to be unharmed. So even though that the notion of children’s rights is a relative feat, of recent import. I think there are a lot of areas where the African continent as a continent, national state or respective counties, can actually be proud of. Now, in terms of a regional instruments, the African charter or the rights and welfare of the child faces its background from 1979.  In 1979, the Dale organization of African community decided to come up with a declaration on the rights and welfare of the child. It’s notable that 1979 was also the year that the convention on the rise of the child was actually proposed by the government of Poland. So, the build up towards the African child and the rights and welfare of child, traces its background from 1979 when this declaration was made In 1990. 1989, 1990 a drafting of the African charter on the rise where the child took place and in 1990, immediately after one year.

The adoption of the commission rights of the child, the African charter on the rise where in the child was adopted. At that point, from 1990 onwards it took 9 years for the African Charter on the Rights and Welfare of the child to come into effect. But I think it’s also important to recognize that even before it came into effect, a number of African countries were taking account of that instrument. To actually overhaul all legislation, most of it was inherited from the colonial era. So, in terms of harmonization of children slows in Africa, the process for harmonization has started much earlier before the African child on the rights with the child was adopted. But, it’s gained a lot of momentum after the adoption of the Convention Rights of the Child and the adoption of the African Child on the Rights and Welfare of the child. Currently, a lot of African countries have adopted new laws pertain to children’s rights. 
                Some are called Children’s Acts, Children’s Proclamation, Children’s Status. And one of the peculiar things that actually come in and noted from most of these instruments, is that they combine provision post from the convention. And the rest of the child pro, so the African Charter on the rights and worth for the child. And many countries In fact, more than 35 to 40 countries have overhauled their main legislation that pertains to children’s rights in their respective jurisdictions. One particular element that is also noted is that most of these countries actually undertake the harmonization of their laws, fighting for children’s rights. Different countries have taken different route, sometimes they  have come up with a comprehensive children’s act. That covers protection well being are also civic, are also criminal justice and juvenile justice issues. Other countries have gone in a direction where the main children’s statute actually covers issues of custody protection so forth. And coming up is an additional statute or law that actually covers the juvenile justice issues. An example of the latter could be South Africa that has the Children Act 38 of 2005 covering many issues pertaining to children’s side. But also the child justice act that came into force in 2010, covering issues pertaining to the administration of juvenile justice.

Shabir Ahmad is a UPSC aspirant from Raiyar Doodhpathri and writes on current affairs.