An Unresolved Issue in the Human Rights Movement

Dr.S.S.D.Pandey
http://ssdpandey.blogspot.com
Global Synergetic Foundation, New Delhi, India

As a point of reference let us begin with the UN Convention on the Rights of the Child which
was adopted by the UN General Assembly in 1989, exactly thirty years after the 1959
Declaration. To strengthen it further, on September 2nd, 1990 it entered into force as
international law. Four of the Convention’s 41 substantive articles have been given special
emphasis because they are basic to the implementation of all rights contained in it. Known as
the Convention’s ‘general principles’, these are:

Article 2 - All rights guaranteed by the Convention must be available to all children without
discrimination of any kind
Article 3 - The best interests of the child must be a primary consideration in all actions
concerning children
Article 6 - Every child has the right to life, survival and development
Article 12 - The child’s view must be considered and taken into account in all matters
affecting him or her.

It may be noted that the Survival rights recognise the child’s right to life and the needs basic
to the child’s existence. These include nutrition, shelter, an adequate standard of living and
access to healthcare. Development rights outline what children require to reach their full
potential, for example, education, play, leisure, cultural activities, access to information, and
freedom of thought, conscience and religion. Protection rights require that children be
protected from all forms of abuse, neglect and exploitation. Participation rights recognise that
children should be enabled to play an active role in decisions affecting their own lives, in their
communities and societies in preparation for responsible adulthood. The basic principles of
the rights of the child is that society has an obligation to satisfy the fundamental needs of
children and to provide assistance for the development of children’s personalities, talents and
abilities. Articles 1-41 of the Convention set out the rights of children and the corresponding
obligations of governments to safeguard and vindicate these rights. Assuming that the UN
convention is a reflection of world civilisation via its leadership and representatives, what
when different local leaderships, local Governments themselves violate it and deprive
children of their fundamental rights.

Now let me come to the point and begin with an existence, a new born, taking his or her first
breath on this plannet, being most innocent as we all know, purer than pure, free from all the
worldly conceptualisations and prejudices. As soon as this creature takes independent breath
on this earth, becomes an independent citizen of world civilisation besides its local
identification based on geopolitical classifications.

It is for this innocent creature, is it justified for the governments to punish this innocent being
by depriving from many of his/her fundamental rights, pointed above and legitimise their
actions on the grounds of social justice and their civil and constitutional laws, solely because
this creature of nature has taken birth within a particular geopolitical boundary it is belonging
to?

© Global Synergetic Foundation, (2006)

http://ssdpandey.blogspot.com/2009/01/human-rights-without-human.html
http://ssdpandey.blogspot.com/2006/05/child-individual-capability-and.html