Rights Corner
Maltreatment of children: Contempt to human rights
Md. Harun Reza
Human rights propaganda had been the inspiring factors to the liberation struggle of Bangladesh. The country's response to human rights and fundamental freedoms dates back from the proclamation of independence of 10 April 1971. The proclamation inter alia reads “….we undertake to observe ….and abide by the charter of the United Nations. Bangladesh became the 136th member of the United Nations on 17 September 1974. By becoming a member of the United nations under the charter the government of Bangladesh adhered to the universal declaration of human rights as there seems to be as agreement that the declaration is a statement of general principles spelling out in considerable detail the meaning of the phrase human rights and fundamental freedoms in the charter of the united nations. Further such adherence is apparent by the fact that the constitution of Bangladesh in its preamble itself states “….it shall be a fundamental aim of the state to realize …. A society in which the rule of law, fundamental human rights and freedom … .will be secures for all citizens.” Article 11 provides that the Republic shall be a democracy in which fundamental human rights ….shall e guaranteed. So it is unequivocal to all respect that Bangladesh is quite an agent to enforce human rights. To my mind children are most vulnerable class of people. For the development of children and their mind special care and protection is worth to maintain.
There is difference of opinion of different authority as to the age of majority. Up to which age a children yet treated as children is not settled universally. Universal Declaration of Haman Rights inclined to contain eighteen years as ceiling age of children where in Bangladesh it is sixteen years as per the Children Act 1974(Act No XXXIX of 1974). Notwithstanding the provision of age of majority we are here intended to justify how the children are treated in fact and whether human rights faces to decline in terms of protection of children.
Normally the child by reason of his physical and mental immaturity needs special care and safeguards, including appropriate legal protection before as well as after birth. To that purpose the international concern has brought out provision regarding treatment of children through inter alia the Geneva declaration of the rights of the child1924, Declaration of the rights of the child, 1959, Universal Declaration of Haman Rights (UDHR) 1948, International covenant on civil and political rights (ICCPR) 1966, International covenant on economic social and cultural rights (ICESCR) 1966. An analysis of the instruments would assist us to give justification whether children are treated properly.
In respect of torture and treatment
Proper treatment of children is the sine qua non to the human development. No doubt, today's children are the beholders of future. The law provides for the protection of children from all forms of neglect, cruelty and exploitation. It is drastically a invasion to the rights of child to engage them in any occupation which would prejudice to his health or education. In Bangladesh it is often seen that children are compelled to work in the workshop or factory with high risk of life. It is not upon surmise and conjecture that child working earns an amount not sufficient to survive. It is a tragic for Human rights that there they get unequal treatment. Even the handicapped child is entitled to get proper treatment and care required by his condition. Article 35(5) of Bangladesh constitution and Article 5 of UDHR confirms that no person shall be subjected to torture or o cruel, inhuman or degrading treatment. Article 7 of both ICCPR and ICESCR also give justification to it.
In respect of work and wages:
It would be direct transgress to the declaration of the child 1959 to employ a child until attain a minimum age. Thereafter the scenario of working condition of child in Bangladesh is quite unfavorable. They become victim of discrimination in payment of wages. Let in garments there are 500 workers engaged of which 50 are child. The child worker does the same job as that of adult, but he receives a less amount than an adult. As child labor available for low wages the owner of garments or workshop are favored to it though it is a gross violation of human rights. To save the same it is Art.15 (2) of Bangladesh constitution and Art.23 (2) of UDHR where the owner as well as society should to visit.
In respect of rest and leisure:
The labor Act 2006 of Bangladesh specifically signifies for the standard working hours of workers including children. Adequate rest requires to be confronted to the child workers .It is even their constitutional rights. The invasion of which is complete violation of human rights. Many of the work station in Bangladesh are not willing to satisfy the provision for rest and leisure. Article 15© of Bangladesh constitution and Article 24 of UDHR and Article 7(d) of ICESCR can be a influential resort to justify the right of rest and leisure where reasonable limitations of working hours and periodic holydays are guaranteed.
In respect of education
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It is sure that education is the inherent and inviolable rights of the children. Simply it is transgression to human rights where a single child is deprived from education. In corresponds to this proposition Article 17 of Bangladesh constitution and Article 26 of UDHR are worth to mention. Deprivation of education is equivalent to maltreatment of children. It is certainly contempt to human rights.
In respect of trial
Children are no doubt definite class of people who exempt themselves from liability if below the age of nine. In other cases he would to take the responsibility where he should get proper treatment of law. It is the statutory right of the child not to be tried with adult criminals. The child must be tried in the Juvenile court. It is contempt to law and human rights to try a child with adult. Section 6 of the Children act 1974 is pertinent to refer here which declare a trial of child with adult as invalid.
In lieu of conclusion
Children are necessarily the considerable part of society. By very fact of his birth he acquires some right violation of which defrauds the human rights. If it happens a child are compelled to work injurious to his health or life and if the payment of child worker is negligible than adult though both works for same responsibility, is for sure contempt of human rights. Nonetheless time has come to raise voice against maltreatment of children and to the protection of the dignity of Human rights.
The writer is a student of Law, Northern University, Bangladesh.
