Beruflich Dokumente
Kultur Dokumente
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child welfare
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8. 9.
10.
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Constitutional Provisions
Art. 14 provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Art. 15(3) provides that, Nothing in this article shall prevent the State for making any special provision for women and children. Article 21 provide that no person shall be deprived of his life or personal liberty except according to procedure established by law. Art. 21A directs the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. Art. 23 prohibits trafficking of human beings and forced labour. Art. 24 prohibits employment of children below the age of fourteen years in factories, mines or any other hazardous occupation.
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Constitutional Provisions
Art. 25-28 provides freedom of conscience, and free profession, practice and propagation of religion. Art. 39(e) and (f) provide that the State shall, in particular, direct its policy towards securing to ensure that the health and strength of workers, men and women and the tender age of children are not abused and that the citizens are not forced by economic necessity to enter a vocation unsuited to their age or strength and that the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material abandonment. Art. 45 envisages that the State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.
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Constitutional Provisions
Article 243G read with Schedule 11 provide for institutionalization of child care by seeking to entrust programmes of Women and Child Development to Panchayat (Item 25 of Schedule 11), apart from education(item 17), family welfare(item 25), health and sanitation(item 23) and other items with a bearing on the welfare of children. The Constitution (86th Amendment) Act was notified on 13th December 2002, making free and compulsory education a Fundamental Right for all children in the age group of 6-14 years
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The guiding principles of the National Plan of Action for Children, 2005 are:
To recognize the diverse stages and settings of childhood, and address the needs of each, providing to all children the entitlements that fulfill their rights and meet their needs in each situation.
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1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
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(b)
(c) (d) (e)
(f)
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(h)
(i)
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1.
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4.
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Protocols for convergence between the various departments implementing schemes / laws for children
Code of Conduct for adults and stakeholders in constant interaction with children (parents, institution staff, police officers) All public spaces shall be provided with access to the 24-hour helpline (1098) for children. Sensitization of the Panchayats and local administration to promote child protection and the best interests of the child.
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Working Children Street Children and children on construction sites Trafficking Children with Disability (CWD) Child abuse/ Sexual abuse Children in disaster situations/ Child protection during eviction, development projects Children of prisoners, women sexually exploited, orphans and those infected/affected by HIV/AIDS Children in Institutions Juveniles in Conflict with Law
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Children in jails Children affected by conflicts Children affected by natural disasters. Children affected by HIV/AIDS and children suffering from terminal diseases Children belonging to the Scheduled Castes & Scheduled Tribes.
50
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Advocacy
State shall augment its efforts towards training and capacity building on child rights and child protection. The State shall embark on an ambitious program of awareness and sensitization of different groups - children, community and allied systems - on childrens issues and child rights The State shall commission qualitative & quantitative research and impact evaluation studies and strive to create a credible and up-to-date statistical database on women and children State level documentation on all child related policies, schemes, projects and programs shall be made available The State shall develop systematic plan for dialogue with civil society on child rights
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Partnerships
Efforts shall be made to foster collaboration between stakeholders at all levels, including but not limited to Govt. TUs, employers, legal and judicial officials, NGOs, religious heads, media, corporate and Heads of PRIs, with principles of transparency, accountability and decentralization. The State shall promote inter-departmental coordination within Government, e.g. involvement of Department of Tourism to prevent sex tourism The State shall facilitate partnership with NGOs, CBOs to map educational services and identify backward/hard to reach areas, child labour areas and areas of civil unrest
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Unit 4 Child Welfare: Review of Legislations for children to ensure child rights
Review of Legislations for children to ensure child rights Juvenile Justice (Care and Protection of Children) Act, 2000; Hindu Adoption and Maintenance Act; Guardianship and Wards Act; Child Labour (Prohibition and Regulation) Act 1986
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Juvenile Justice (Care & Protection of Children) Act, 2000 (Act No. 56 of 2000) [30th December 2000]
An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment. Chapter 1(Art. 1-3): preliminary (title, extent and definitions)
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Juvenile Justice (Care & Protection of Children) Act, 2000 (Act No. 56 of 2000) [30th December 2000]
Chapter 2 (Art. 4-28): Juvenile in conflict with law: Constitution of Juvenile Justice Board forming a Bench consisting of a Metropolitan Magistrate or a Judicial Magistrate of the first class, having special knowledge or training in child psychology or child welfare and two social workers having been actively involved in health, education, or welfare activities pertaining to children for at least seven years, of whom at least one shall be a woman. A child in conflict with law may be produced before an individual member of the Board, when the Board is not sitting. A JJ Board is constituted for a district or a group of districts.
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Juvenile Justice (Care & Protection of Children) Act, 2000 Any State Government may establish and maintain either by itself or under an agreement with voluntary organisations, special homes in every district or a group of districts, as may be required for reception and rehabilitation of juvenile in conflict with law under this Act (Art. 9). The Board shall obtain the social investigation report on juvenile either through a probation officer or a recognised voluntary organisation or otherwise, and shall take into consideration the findings of such report before passing an order.
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Chapter I: Preliminary (Art. 1-4): Title, extent, commencement & definitions Art. 4 (1) "minor" means a person who , under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to be deemed not to have attained his majority; (2) "guardian" means a person having the care of the person of a minor or of his property or of both his person and property; (3) "ward" means a minor for whose person or property or both there is a guardian; Chapter II: Appointment And Declaration Of Guardians (Art. 5-19): Art. 7. Where the court is satisfied that it is for the welfare of a minor that an order should be made (a) appointing a guardian of his person or property, or both, or (b) declaring a person to be such a guardian, the court may make an order accordingly.
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(iv) "establishment" includes a ship, commercial establishment, workshop, farms, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment;
(v) "family", in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual; (vi) "occupier", in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop;
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(3)
(4) (5)
(6)
(7) (8) (9) (10) (11) (12)
(16)
(17) (18)
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(n)
(o) (p) (q) (r)
(j)
(k) (l)
fencing of machinery;
work at or near machinery in motion; employment of children on dangerous machines;
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Current initiative: Statutory and non-statutory services, Supportive service (for example, supplementary nutrition) Developmental services (for example, non-formal education) Remedial services (e g. residential care, child guidance clinic), Child Right approach Challenges in developing comprehensive approach to child protection
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Thank You
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