Human Rights Advocacy
Realizing child rights!
Anup Kumar Biswas
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Photo: EPACHA.ORG |
Let us ignore the age-old dialogue that we should take care of children because they are the future hope and aspiration of a nation. Let us raise the idea that children should be protected better because its our responsibility to promote their welfare. A prosperous nation works much but deserves little. The far developed communities of the world have preserved an enlightened universe for their future generations leaving the thoughts of their own comfort and betterment. Since they have protected their children better, their national progress is automatically ensured. A country can reach the highest culmination of success if it can guarantee the rights of the children. Almost all the better developed countries of the world have become successful in establishing and promoting child rights than the least developing countries. The problem in establishing child rights is not always with the resources and infrastructures but with honest will, attitude and determination. Regarding promotion and protection of child rights, Bangladesh lies in the category of less developing countries. But it is quite surprising to know that Bangladesh ratified 'The Convention on the Rights of the Child (UNCRC)', the mother instrument regarding child rights, in 1991. In addition, long before the ratification of the UNCRC, there was a continuation of development of child rights in Bangladesh. In 1972, the Constitution of the Peoples Republic of Bangladesh was framed which contained provisions relating to children's welfare. A full-fledged Act for the children exclusively named 'The Children Act, 1974' was passed following a supplement to it, 'The Children's Rules, 1976'. The Bangladesh Shishu Academy was established in 1976. A separate ministry named 'Ministry of Women and Children Affairs' was established in 1978. The Government of Bangladesh has undertaken many development programmes for its children in its 'National Plans of Action for Children'. Besides, many other facilities affecting children have already been reflected in the 'Poverty Reduction Strategy Paper (PRSP)' and 'Millennium Development Goal (MDG).' Now the question arises as to where lies the problem. Actually from time to time, the demand for establishing children's rights becomes active in Bangladesh and seminars, symposiums, round-table conferences are organized in this respect but with no fruitful consequences after that. It is, as if, the sole responsibility lay only in organizing the programmes but not advocating for its effective implementation. Of course, it is true that both the Government and the civil society of our country do feel the dire necessity of promising the children a more favourable environment. But the problem is, whenever the issue of establishing child rights is raised, it is interpreted from only a single view perspective whereas, the issue involves more comprehensive considerations simultaneously rather than one strategic solution. Many think that it rests solely upon the Government to implement child rights. In fact, there are some other factors which can effectively accelerate the establishment of child rights and promote child development.
Impediments standing in the way of establishing child rights in Bangladesh
Though Bangladesh ratified UNCRC in 1991, it is yet to be implemented completely. There are some problems because of which implementation of child rights still remains a far cry. Through review of the situational analysis, reasons responsible for non-implementation of child rights are:
* Inadequate legal protection when children come in conflict with the law.
* Minimum level of child participation.
* Failure to establish an Ombudsperson exclusively for children.
* Absence of separate budgetary allocation for children in the annual national budget.
* Less effective or shadow role played by the NGOs.
* Indifferent attitude towards some specific provision rights.
* Having no categorized definition of the term 'child'.
* Lack of Inter-agency coordination, monitoring and reporting.
* Failure to comply strictly with the provisions of the UNCRC.
Recommendations with probable forward-thinking
Regarding Ombudsman for children: In order to safeguard the rights of the children effectively, the establishment of a Commissioner or Ombudsperson exclusively for children with statutory powers shall be a priority issue for Bangladesh. He must be entrusted with such independent authority so as to enable him to monitor the establishment of the rights of the child without any intervention of the Government.
Legal protection: The Government should take all necessary measures to eliminate all forms of violence against children. In this regard, the Government should first cause 'The Draft Children Act, 2010' to turn into law as soon as possible. Not only that, the Government should strictly implement the provisions of the laws so that a sound juvenile justice system can be ensured. There should be special laws for children during emergency situation in Bangladesh.
Separate budgetary allocation for children: The Government should provide special allocation in the annual national budget for children within its available resources and strictly monitor the proper implementation of such allocation. In this respect, the Government should have regard to the budgetary allocation provided in other countries of the world and allocate under special head like 'Child development budget', 'Child protection budget', 'Budget for street children', 'Budget for disabled children' etc.
Child participation
Supreme emphasis should be given on promoting children's right to participation. More child participation should be ensured especially in development policies and programmes affecting them both at local and national levels.
Role of the NGOs: NGO's should play a key role in the monitoring and the implementation of the UNCRC. The government in this respect should systematically co-operate with the NGOs and involve NGOs in research, policy formulation, monitoring and evaluation of the implementation of the Convention. State Parties should treat NGOs as partners, not as competitors.
Child labour: Child labour works against child education. But it should be kept in mind that in a least developing country like Bangladesh where many root level families are dependant on the sole income of the children, it is quite difficult to eliminate child labour overnight without opting for an alternative remedy. What we can do right now is that we can monitor and address exploitative forms of child labour. Laws prohibiting employment of children under 18 in hazardous situation or environment must be strictly enforced.
Right-based instead of need-based projects: Instead of undertaking separate need-based projects, an effective right-based national health policy should be adopted by the Government. Legislation needs to be extended to other areas which vitally affect children's health and nutrition.
Child marriage: Child marriage and the prevailing attitude towards the role of women in the family and society continue to be the two major reasons for the female child's backwardness in education. So, proper awareness raising campaign should be launched in this regard. The traditional attitude towards the female child's marriage should be changed.
Categorized definition of the term 'child': From the perspective of Bangladesh, having a fixed definition in accordance with article 01 of the UNCRC for all purposes arising out of the situations involving children will create a few problems. So, the term 'child' should be defined under the following categories: Considering the age of criminal responsibility, considering child labour, for juvenile justice administration and other purposes.
Coordination, monitoring and data collection: Inter-agency coordination and monitoring should be strengthened. Ongoing research is necessary to ascertain what works and what does not work. As a necessary component of both monitoring and research, ongoing collection of rationally consistent data at both the police and the court levels should be a goal.
Compliance with the UNCRC provisions: Adequate steps need to be taken by the Government to implement the provisions of the UNCRC by incorporating into its national legislation and continue a review process in order to comply with it.
It is true that considering all the above factors for actual child right establishment is a gigantic and daunting task for the Government of Bangladesh since there are so many impediments standing in the way of implementing child rights including the resource constraint as the main hindrance. But no other option lies open. Total commitment and total execution are needed. It should be borne in mind that Japan and Germany (after World War II), many countries of middle Europe (in the beginning of 19th century), did not have so much resource but now they are excellent examples of countries promising child rights. Honest political will of the Government and sacred commitment of the common people will definitely enshrine the rights of children. All that is required now is to act upon respective duties on everyone's part in order to build up an enlightened environment for children liberated from all complexities.
The writer is Assistant Professor, Department of Law, Premier University, Chittagong, Bangladesh.
