PRESENTATION

ON
RIGHTS OF SPECIAL GROUPS: CHILDREN, WOMEN, HIV,
HANDICAP AND AGEING

SUBJECT: NURSING MANAGEMENT.

PRESENTED BY: HARMEET KAUR

M.SC (N) IIND YEAR

CON, AIMS,
SRI MUKTSAR SAHIB.
 INTRODUCTION

Rights are legal, social, or ethical

principles of freedom or entitlement; that
is, rights are the fundamental normative
rules about what is allowed of people or
owed to people, according to some legal
system, social convention, or ethical
theory.

Special groups are those who need

special attention such as children, women,
HIV, handicap and ageing. So to protect
these groups the rights have been
formulated by the constitution.
 RIGHTS OF CHILDREN

In 1946, the
Economic and Social
Council of the United
Nations recommended
that the Geneva
Declaration be
reaffirmed as a sign of
commitment to the
cause of children.
 Declaration of Geneva

Child must be given the means needed

for its normal development, both
materially and spiritually.

Hungry child should be fed; sick child

should be helped; and the orphan and the
homeless child should be sheltered and
secured.

Child must be first to receive relief in

times of distress.
 Declaration of Geneva

Child must be put in a position to earn a

livelihood and must be protected against
every form of exploitation.

Child must be brought up in the

consciousness that its best qualities are to
be used in the service of its fellow men.
 MAJOR CONSTITUTIONAL
PROVISIONS

Article 15: shall not discriminate against

any citizen (3) Nothing in this article shall
prevent the State from making special provision
for women and children.

Article 21 A: shall provide free and

compulsory education to all children of the
age of six to fourteen years.

Article 23: Traffic in human beings and

beggar and other similar forms of forced
labour are prohibited.
Article 24: No child below the age of
fourteen years shall be employed to work in
any factory or mine or engaged in any other
hazardous employment.

Article 39: (e) the tender age of

children are not abused and not forced by
economic necessity to enter avocations unsuited
to their age or strength; (f) that children are
given opportunities and facilities to develop in a
healthy manner and in conditions of freedom
and dignity and that childhood protected against
exploitation and against moral and material
abandonment.
Article 45: provide early childhood care
and education for all children until they
complete the age of six years.

Article 51A: (k) parent or guardian to

provide opportunities for education to his
child or, as the case may be, ward between the age
of six and fourteen years.
 ACT FOR CHILD
WELFARE
The Right of Children to Free and
Compulsory Education Act was enforced
April 1, 2010.

Pre-conception and pre-natal diagnostic

Techniques (prohibition of sex selection)
Act 1994.

Infant milk substitutes, feeding bottles

and infant foods (regulation of
production, supply and distribution) Act,
1992.
 The juvenile justice (care and protection
of children) Act, 2000.

The child Labour (prohibition and

Regulation) Act, 1986.

The child Marriage restraint Act, 1929.

 UN DECLARATION OF THE
RIGHTS OF THE CHILD

1. Non-discrimination.
2. Special protection, opportunities and
facilities to develop physically,
mentally, morally, spiritually and
socially in a healthy and normal
manner and in conditions of freedom
and dignity.
3. The right to a name and nationality.
4. The right to social security, adequate
nutrition, housing, recreation and
medical services.
5. The differently-abled child to be given
special treatment, education and care.
6. The need for love and understanding so
that the child grows in the care and
responsibility of his/her parents, and in
an atmosphere of affection and moral
and material security.
7. Entitlement to education, which should
be free and compulsory, at least in the
elementary stages.
8. The child should be among the first to
receive protection and relief in all
circumstances.
9. Protection against all forms of neglect,
cruelty and exploitation, including that
associated with employment.
10.Protection from practices that may
foster racial, religious and other forms
of discrimination.
11.The Right to enjoy these rights,
regardless of race, color, sex, religion,
national or social origin.
 RIGHTS OF CHILDREN

1. Right to develop in an atmosphere of

affection and security and protection
against all forms of neglect, cruelty,
exploitation and traffic.
2. Right to enjoy the benefits of social
security, including nutrition, housing
and medical care.
3. Right to a name and nationality.
4. Right to free education.
5. Right to full opportunity for play and
recreation.
6. Right to special treatment, education
and appropriate care, if handicapped.
7. Right to be among the first to receive
protection and relief in times of
disaster.
8. Right to learn to be useful member of
society and to develop in a healthy and
normal manner and in conditions of
freedom and dignity.
9. Right to be brought up in spirit of
understanding, tolerance, friendship
among people, peace and universal
brotherhood.
10.Right to enjoy these rights, regardless of
race, color, sex, religion, national or
social origin
 RIGHTS OF WOMEN

The status of women in India has been

subject to many great changes over the
past few millennia.

In modern India, women have adorned

high offices in India including that of the
President, Prime minister, Speaker of the
Lok Sabha, Leader of Opposition, etc.
 IMPORTANT CONSTITUTIONAL
AND LEGAL PROVISIONS FOR
WOMEN IN INDIA

Gender equality

Empowers the
State to adopt
measures of positive
discrimination in
favour of women.

Womens
advancement in
different spheres.
 CONSTITUTIONAL
PROVISIONS

The Constitution of India not only

grants equality to women but also
empowers the State to adopt measures of
positive discrimination in favour of
women.

Fundamental Rights prohibits

discrimination against any citizen on
grounds of religion, race, caste, sex or
place of birth, and guarantee equality of
opportunity to all citizens in matters
relating to employment.
 Constitutional Privileges

Equality for women (Article 14)

The State not to discriminate against
any citizen on grounds only of religion,
race, caste, sex, place of birth (Article 15)
The State to make special provision in
favour of women and children (Article 15)
Equality of opportunity for all citizens
in matters relating to employment or
appointment to any office under the State
(Article 16)
 The State to direct its policy towards
securing for men and women equally the
right to an adequate means of livelihood;
and equal pay for equal work for both
men and women (Article 39)

To promote justice, on a basis of equal

opportunity and to provide free legal aid
by suitable legislation or scheme (Article
39 )

The State to make provision for

securing just and humane conditions of
work and for maternity relief (Article 42)
 The State to promote with special care
the educational and economic interests of
the weaker sections of the people and to
protect them from social injustice and all
forms of exploitation (Article 46)

The State to raise the level of nutrition

and the standard of living of its people
(Article 47)

To promote harmony and the spirit of

common brotherhood amongst all the
people of India and to renounce practices
derogatory to the dignity of women
(Article 51)
 Not less than one-third of the total
number of seats to be filled by direct election
in every Panchayat, Municipality to be
reserved for women (Article 243 )
 LEGAL PROVISIONS

To uphold the Constitutional mandate,

the State has enacted various legislative
measures intended to ensure equal rights,
to counter social discrimination and
various forms of violence and atrocities
and to provide support services especially
to working women.

Although women may be victims of any

of the crimes such as 'Murder', 'Robbery',
'Cheating' etc, the crimes, which are
directed specifically against women, are
characterized as 'Crime against Women'.
 The Crimes Identified Under the
Indian Penal Code (IPC)

Rape (Sec. 376 IPC)

Kidnapping & Abduction for different
purposes ( Sec. 363-373)
Homicide for Dowry, Dowry Deaths or
their attempts (Sec. 302/304-B IPC)
Torture, both mental and physical (Sec.
498-A IPC)
Molestation (Sec. 354 IPC)
Sexual Harassment (Sec. 509 IPC)
Importation of girls (up to 21 years of
age)
 The Crimes identified under the
Special Laws (SLL)

The Employees State Insurance Act,

1948
The Plantation Labour Act, 1951
The Family Courts Act, 1954
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
The Hindu Succession Act, 1956 with
amendment in 2005
Immoral Traffic (Prevention) Act, 1956
The Maternity Benefit Act, 1961
(Amended in 1995)
Dowry Prohibition Act, 1961
The Medical Termination of Pregnancy
Act, 1971
The Contract Labour (Regulation and
Abolition) Act, 1976
The Equal Remuneration Act, 1976
The Prohibition of Child Marriage Act,
2006
The Criminal Law Act, 1983
The Factories Act, 1986
Indecent Representation of Women
(Prohibition) Act, 1986
Commission of Sati (Prevention) Act,
1987
The Protection of Women from Domestic
Violence Act, 2005
The Employees State Insurance Act, 1948
 SPECIAL INITIATIVES FOR
WOMEN
National
Commission for
Women
Reservation for
Women in Local Self
-Government
The National Plan
of Action for the Girl
Child (1991-2000)
National Policy for
the Empowerment of
Women, 2001
 RIGHTS OF HIV

People living with HIV and AIDS have

been discriminated throughout the world.

So, to reduce these disparities and

violating acts some rights have been laid
down bythe government and made the part
of constitution to protect them
 RIGHTS OF HIV

People with HIV

infection/AIDS have
same basic rights &
responsibilities like:

1. Liberty,
autonomy,
security of the
person and
freedom of
movement.
2. HIV testing
3. Confidentiality and privacy
4. Health and support services, public
benefits, medical schemes and insurance.
5. Education on HIV and AIDS.
6. The responsibility of media.
7. The right of safer sex
8. The right of prisoners
9. Duties of persons with HIV or AIDS.
 RIGHTS OF HANDICAP

Persons with disabilities face

discrimination and barriers that restrict
them from participating in society on an
equal basis with others every day
Disabled have however, remained largely
invisible and unable to enjoy the full range
of human rights.
In recent years, there has been a
revolutionary change in approach, globally,
to close the protection gap and ensure that
persons with disabilities enjoy the same
standards of equality, rights and dignity as
everyone else.
 LEGAL RIGHTS OF THE
DISABLED IN INDIA
1. General legal provisions
2. The disabled and the constitution
3. Education Law for the Disabled
4. Health Laws
5. Family Laws
6. Succession Laws for the Disabled
7. Labour Laws for the Disabled
8. The rights of the disabled
9. Judicial procedures for the disabled
10.Income Tax Concessions
11. The persons with disabilities (equal
opportunities, protection of rights and
full participation) act, 1995
Prevention and early detection of disabilities
Education
Employment
Affirmative Action
Non-Discrimination
Research and Manpower Development
Social Security
Grievance Redressal
The Mental Health Act, 1987
The Rehabilitation Council of India Act, 1992
The national trust for welfare of persons with
autism, cerebral palsy, mental retardation and
multiple disabilities act, 1999
 UN Declaration on the Rights of
Mentally Retarded Persons

The mentally retarded person has, to the

maximum degree of feasibility, the same
rights as under human beings.
The mentally retarded person has a right
to proper medical care
Right of economic security
Whenever possible, the mentally retarded
person should live with his own family or
with his foster parents and participate in
different forms of community life. The
family with which he lives should receive
assistance.
 The mentally retarded person has a right
to a qualified guardian
The mentally retarded person has a right
to get protection from exploitation, abuse
and a degrading treatment
Whenever mentally retarded persons are
unable to exercise their rights in a
meaningful way or it should become
necessary to restrict or deny some or all of
their rights
 The Right of Persons with
Disabilities Bill, 2014

The Bill replaces the Persons with

Disabilities
Act, 1995. Instead of seven disabilities
specified in the Act, the Bill covers 19
conditions.
Persons with at least 40% of a disability
are entitled to certain benefits such as
reservations in education and employment,
preference in government schemes, etc.
The Bill confers several rights including
disabled friendly access to all public
buildings, hospitals, modes of transport,
polling stations, etc.
In case of mentally ill persons, district
courts may award two types of
guardianship: a limited guardian & plenary
guardian .

Violation of any provision of the Act is

punishable with imprisonment up to six
months, and/or fine of Rs 10,000.
Subsequent violations carry a higher
penalty.
 RIGHTS OF AGEING

Ageing is a natural process, which

inevitably occurs in human life cycle.

Ageing refers to a decline in the

functional capacity of the organs of the
human body, which occurs mostly due to
physiological transformation, it never imply
that everything has been finished.

Hence, given an appropriate opportunity,

they are in a position to make significant
contribution to the socio-economic
development of their nation.
 GOVERNMENTAL
PROTECTIONS

1. National Policy for Older Persons on

January 13, 1999:

Pension fund
Construction of old age homes and day
care centers for every 3-4 districts
Concessional rail/air fares for travel
Enacting legislation for ensuring
compulsory geriatric care in all the public
hospitals
The Ministry of Justice and Empowerment
has announced regarding the setting up of a
National Council for Older Person, called
agewell Foundation. It will seek opinion of
aged on measures to make life easier for
them.
Attempts to sensitise school children to
live and work with the elderly. Setting up of
a round the clock help line and discouraging
social ostracism of the older persons are
being taken up.
The government policy encourages a
prompt settlement of pension, provident
fund (PF), gratuity, etc. in order to save the
superannuated persons from any hardships
The policy also accords high priority to
their health care needs.
According to Sec.88-B, 88-D and 88-DDB
of Income Tax Act there are discount in tax
for the elderly persons.
Life Insurance Corporation of India (LIC)
has also been providing several scheme for
the benefit of aged persons, i.e.,Jeevan
Dhara Yojana, Jeevan Akshay Yojana,
Senior Citizen Unit Yojana, Medical
Insurance Yojana.
Former Prime Minister A.B.Bajpai was
also launch Annapurana Yojana for the
benefit of aged persons
It is proposed to allot 10 percent of the
houses constructed under government
schemes for the urban and rural lower income
segments to the older persons on easy loan.
THANK
YOU