Children and their Rights
CHILDREN AND THEIR RIGHTS
First Written in 2018 by Sharon Orekyeh Esq ACI Arb (UK) MIPMA
INTRODUCTION
In terms of the Convention on the Rights of the Child (CRC), a child means “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”. Article 1 defines the child as a human being who is below the age of 18 years
It is interesting to note that different countries and their legislations have defined the meaning of a child. Some of the countries includes: In Nigeria, Section 277 of the Childs Right Act, 2003 defines a child to mean a person under the age of eighteen years. In Rwanda, Law Relating the Rights and Protection of the Child 2012 defines a child as every person below the age of 18; Article 1(45) of the Law Regulating Labour in Rwanda 2009 defines a child as any human being below the age of eighteen (18) years. In Senegal, Article 276 of the Family Code 989 defines a Minor as a person of either gender that has not yet attained the age of 18, and hence has not yet attained voting age or legal or civil maturity. In Madagascar, Article2 of the Code on Child Protection 2007 defines a child as any human being under the age of 18 years. In Liberia, Section 3 of An Act to Establish the Children’s Law of Liberia 2011 says a child shall mean any person below the age of 18 years. In Lesotho, Section 2(a) of the Children’s Protection and Welfare Act 2011 says a Child means a person under the age of eighteen years.
It is noteworthy that children are governed differently from adults because of their vulnerability. For instance, children generally lack capacity to participate in research autonomously.
Children and young people have the same general human rights as adults and also specific rights that recognize their special needs. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights.
The international legal framework – the United Nations Convention on the Rights of the Child recognizes the fundamental human dignity of all children and the urgency of ensuring their well-being and development. It makes clear the idea that a basic quality of life should be the right of all children, rather than a privilege enjoyed by a few.
THE IMPORTANCE OF CHILDREN’S RIGHTS
The Right of a Child are fundamental freedoms and the inherent right of all human beings below the age of 18. This right applies to all children, irrespective of the background, race, color, parents/guardian, creed and gender. Children are innocent and of full hope. Children are trustworthy, naïve and hopeful. Their childhood should be filled with joy and love. To some children life is blissful because they live with joy. But for many children, the reality of childhood is altogether different. Children have the same right as adults in the society. Children are neither the property of their parents; they are human beings and are the object of their own rights.
There are many reasons for singling out children’s rights in a separate human rights Convention. These include:
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Children are individuals: Children are neither the possessions of parents nor of the state, nor are they mere people-in-the-making; they have equal status as members of the human family.
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Children start life as totally dependent beings: Children must rely on adults for the nurture and guidance they need to grow towards independence. Such nurture is ideally found from adults in children’s families, but when primary adult caregivers cannot meet children’s needs, it is up to the State as the primary duty bearer to find an alternative in the best interests of the child.
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The actions or inactions of the government can impact children more strongly than any other group in the society: Practically every area of government policy – from education to public health – affects children to a very large degree. Short-sighted policymaking that fails to take children into account has a negative impact on the future of all members of society.
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Children’s views should be heard and considered in the political process: Children generally do not vote and do not traditionally take part in political processes. Without special attention to the opinions of children – as expressed at home and in schools, in local communities and even in governments – children’s views go unheard on the many important issues that affect them now or will affect them in the future.
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Many changes in society are having a disproportionate, and often negative, impact on children: Transformation of the family structure, globalization, climate change, digitalization, mass migration, shifting employment patterns and a shrinking social welfare net in many countries all have strong impacts on children. The impact of these changes can be particularly devastating in situations of armed conflict and other emergencies.