The Status Of Childrens Rights In Nepal

The Status Of boorrens Rights In NepalThe purpose of this report is to assess the issues surrounding the childrens human rights in Nepal by criticising their status in conjunction with the applicable supranational Treaties. Simultaneously its aim is to illustrate the current situation, by providing information from findings regarding the violations on the rights of the children. Particularly it focuses on health status, sexual evolution, forced labour and educational activity and it reflects those violations, by providing statistical data and paradigms during and after the fortify date.It would also decease emphasis, on whether Nepal has complied with the International Conventions as well as whether any NGO.s gave any attention towards the crisis sustain in Nepal.Finally the report would make a general evaluation by providing recommendations in respect of Nepals implementations and promises for the improvement of childrens human rights, including the need of their protection and their prospective concern.II.IntroductionNepal in reality is one of the poorest and undeveloped countries in the world, which tries to be reborn from its own ashes, after witnessing and experiencing a 10 year internal violent armed conflict, delinquent to the Maoist insurgency which ceased in 2006.Nonetheless the terminal years set out been made significant changes and developments. In 2008, Nepal went from political instability to a national Democratic Republic as the UCPN-M1had agreed with the Nepalese regime to come to an end with that conflict. Thus was guaranteed a peaceful government according to the CPA,2establishing equality and safeguarding rudimentary human rights and freedoms.Despite the fact that, at that place is a gradual recovery and progress, serious human rights violations continue to occur, as Nepal still faces the aftershocks of the crisis. Arguably the armed conflict has stigmatised the most vulnerable group and has deprived from them their basic righ ts. Children have been victimised and faced ostracism of their houses, forced to be soldiers and arbitrarily detained by the government, subjected to ill-treatment and all the same torture. Others were used for exploitation and being subjected to sexual abuse depriving their right to be educated and also their health status has been deteriorated.Immediate help from human rights defenders and INGOs3was speedily given globally, but still it is an imperative need as children demand their protection. Most of them still live under insecurity and instability facing risks of yet violations of their rights. Thus is due consideration to highlight the current situation.III.Childrens Health Status and Human Exploitation in Armed ConflictIt is claimed that children be majority in statistics but minority on social status in real world.4This declarement reveals the current situation concerning childrens rights status in Nepal.Recent reports indicate that in that location have been grievous violations of childrens rights as hundreds have been killed by armed groups due to the political situation and others continue to be at risk even if the state of matter is in a post-conflict stage. notwithstanding thousands were seriously injured and others have died because of diseases particularly from HIV/AIDS.5Their health status has been degrading6both physically and mentally as the armed conflict deprived from them their basic rights such as the right to family, food and shelter.The unfriendly environment had exposed orphaned children to conditions which had never experienced before. Moreover hundreds have been displaced from their families and have been subjected to violation, prostitution and involuntary servitude without their consent becoming vulnerable to high risks of infectious diseases. During and after the ceasefire, children exploitation had change state their health as the majority of the victimised children have been unlawfully treated and exposed in dreadful c onditions, facing oppression and coercion. Simultaneously the inadequate health system, resources and the insufficient manpower has worsened their health status.Even if Nepal has attained to streamline childs health the last decades by reducing mortality under 5 from 118% in 1996 to 61% in 2006, up to now disparities exist by different social groups regarding accessibility in the health system.The phenomenon of child trafficking is Nepals one of its major problems. Yet, no formal surveys have been prepared by the Nepalese government but the Committee concerned that there is inadequacy of actual statistics of children victims on exploitation and trafficking.7However a research conducted by CWIN8in association with Save the Children revealed that 73,8% of 110 boys living on the street, had had non-consensual sexual intercourse.9Another tragic study conducted by ILO10estimated that about 5000 children, mainly girls are working as commercial sex workers.11Nonetheless Nepal had success fully ratified and had abided by the terms of OPSC.12Also the Interim Constitution of Nepal guarantees the protection of children against any form of abuse and exploitation as well as many acts such as the Childrens recreate13and Human Trafficking and Transportation Control Act14is opposed to CSEC.15However the study of the CRC16Sub-Committee of the HRTMCC17reveals that the Nepalese victuals do not explicitly address the issues that fall under OPSC18and fail to accord with the CRC.Consequently that means the legislation does not safeguard the rights of the children from CSEC. check to the same study it was spy that even if institutions, centres and initiatives are combat against CSEC there is a lack of coordination between them19as there is an overlap due to government institutions. At the same time different projects cease to continue their work as there is no adequate financial support and also there is no specific programme to work against CSEC for the best interests of the c hild.Notably children who have participated in consultation meetings did not know about the government programmes regarding OPSC dissemination. Since most of the children are illiterate they cannot understand the provisions conducted by the Nepalese government combating CSEC so without having the proper knowledge and support it would be an utopia for them to fight for their rights against CSEC which could be characterised as a modern type of slavery.IV.Forced Labour-DCLMyriad studies, indicate that the mission of the government is to enrich the status of the child in Nepal and make attempts in fiat to formulate strategies so as to eliminate the worst forms of DCL.20Nepal has one of the worst backgrounds regarding the forms of forced labour especially in the DCL. Frans Roselaers claimed that unacceptable forms of exploitation of children at work exist and endure but they are difficult to research due to their hidden, sometimes illegal or even criminal nature.21The phenomenon of chi ld labour in Nepal takes lots of dimensions the last decades as children are economically active from their young age. In accordance to NFLS22the participation rate for children is estimated at about 40.4%.23The current political situation, poverty and the prejudicious traditional practices use children to be exposed in the worst hazardous conditions and forced them to drop out from school depriving from them their education. The constitution of Nepal prohibits child labour and the Nepalese government after the confirmation of CRC indicated the commitment of ensuring that children do not have to work. Therefore Nepal was obligated to enact respective domestic laws. Within this context enacted the Childrens Act24and also Child Labour Act25strictly prohibiting and eradicating child labour. Furthermore in 1997 ratified C13826with object the abolition of child labour and became a outgrowth of the SAARC.27Also, the IPEC28operates in Nepal with intention to create policies against chil d labour.An issue which is yet due consideration is whether children rights have indeed made progress after the ratification of the Conventions in conjunction with the new democratic system of Nepal by enacting respecting legislation, policies that present a development on their human rights status. It must be emphasised that there is a significant reduction of bonded labour to 40.4% compared to 47.0% of the total child population which was detected in NLFS 1998. Although the Committee in its one observation concerned that despite the efforts of the state party to abolish the worst forms of child labour, the prevalence of child labour remains high particularly in hazardous conditions of work.29In 2009, the CEACR30despite Nepals ratification of C18231and Optional protocol to the UN Convention on the Rights of the Child on the Involvement of Children in Armed Conflict32requested the government to take measures in order to amend its domestic legislation and prohibit the forced recruit ment of children less than 18 years for use in armed conflict. The Committee also observed that the government has not made respective laws which are consistent with the provisions of the Convention in order to prohibit a person below 18 years to be exposed in hazardous work.V.EducationEducation is childrens prime concern and also it could be considered the basis of creating a safe future for a nation. Children are the principal participants of a country and especially Nepal which is a nation where education must be promoted among other developments made by the state. Nepal has ratified the ICESCR33where Articles 13 and 14 highlight the issue of free compulsory education. Although Nepal consented to the terms in order to provide free education between the ages of 6 and 11 the provisions regarding the Covenant are not followed.Also in one of its latest reports the UN34Committee observed that Nepal has yet to adopt a policy of compulsory education and further comments that there is a gap concerning the attendance between girls and boys as well as there is great disparity between castes ethnic and autochthonal groups. The emancipation of children from a young age had used them to work hard as their families do not invest in their educational needs because of monetary hardships. Statistics from a recent survey conducted by the ILO demonstrating the seriousness of the situation 9% of the total child population, have never attended school and 59% have not even completed their primary education.35Remarkably the gender gap remains a problem as mostly girls are discriminated from education due to the patriarchal traditions who want girls to be married from their young age.VI.Human Rights DefendersNGOs such as UNICEF36play a fundamental role as their mission is to safeguard the rights of the children in Nepal. UNICEF had provided mechanisms for the needs of the children supporting them in various ways providing rehabilitation and remuneration programmes as well as rei ntegration programmes. A NGO named Save the Children focuses mainly in the development of education and health of the children by trying to regulate and reduce youth mortality. establishing strategic partnerships with the government.VII.ConclusionHence the poor economic status, poverty and also the gravid cultural practices in Nepal, illustrate childrens human rights in their worst form. Even if the state has made step forward by ratifying international conventions there is lack of doment of the law and policies which in reality constitutes the main gap for any solutions. Nonetheless, Nepal could not be the only fighter of safeguarding the child rights through its legislative framework, but the gravestone lies on the general system of human resources and society which must be sensitive on issues surrounding childrens rights.IX.RecommendationsEffective strategies must be conducted by the PPCC37which would enforce policies for solving the issues of DCL. Even if education has been h indered by poverty, it could be the response to diminish child labour and enrich the status of the child.The Nepalese government must direct ratify the third Optional Protocol,38as pursuant to it, abused children that became victims of prostitution and trafficking could have the opportunity to raise their voice and bring complaints for violations of their rights.The state must give attention to the UN observations concerning discrimination in education in which it must eliminate gender disparity in primary and secondary education. Trade unions should continue to bring forward these challenges in the process of educational restructure and put pressure to the government of changing its policies in all levels of education corresponding to the provisions contained in ICESCR. contour2000 words.X.Bibliography-ReferencesRehman, J., (2010). International Human Rights police force (2nd edition). Essex Pearson Education Limited.Naftali B., 2011. International Humanitarian Law and Internati onal Human Rights Law (1st edition). Oxford University Press.Gajurel, D.P., 2007. Child Rights in Nepal, online.Unpublished Menuscript, Kathmandu Nepal Law Campus, ability of Law, Tribhuvan University. gettable at http//papers.ssrn.com/sol3/papers.cfm?abstract id= 1106619. Accessed twenty-seventh November 2012.Aruna, J., 2008. Impact of Armed Conflict on Children in Nepal Situation Analysis of their health status. online. Kathmandu School of Law Child Rights Search and Resource Centre, Nepal. addressable at www.ksl.edu.np/crc_students-article.asp. Accessed twenty-seventh November 2012.Child Rights NGO Report Prepared by CRC Sub-committee, Human Rights Treaty, Monitoring Coordination Committee (HRTMCC), secretariat Child Nepal (CN)., 2011. Optional Protocol to the Convention on the Rights of the Childon the sale of children, child prostitution and child pornography (2000). online. CN Promoting Child Rights through Education. Available at www.childrennepal.org/showmodule.php?url=cr c. Accessed 27th November 2012.Child Rights NGO Report Prepared by CRC Sub-committee, Human Rights Treaty, Monitoring Coordination Committee (HRTMCC), Secretariat Child Nepal (CN)., 2011. Optional Protocol to the Convention on the Rights of the Childon the sale of children, child prostitution and child pornography (2000). online. CN Promoting Child Rights through Education, 2011, 21. Available at www.childrennepal.org/showmodule.php?url=crc. Accessed 27th November 2012.Child Rights NGO Report Prepared by CRC Sub-committee, Human Rights Treaty, Monitoring Coordination Committee (HRTMCC), Secretariat Child Nepal (CN)., 2011. Optional Protocol to the Convention on the Rights of the Childon the sale of children, child prostitution and child pornography (2000). online. CN Promoting Child Rights through Education, 2011, 13. Available at www.childrennepal.org/showmodule.php?url=crc. Accessed 27th November 2012.International Labour disposal (ILO) Central Bureau of Statistics of Nepal,. 200 8. NEPAL CHILD LABOUR REPORT based on data drawn from the Nepal Force Labour Survey. online. ILO 2008, xi. Available at http//www.ilo.org/kathmandu/whatwedo/publications/WCMS_182988/langen/index.htm Accessed 27th November 2012.International Labour Organization (ILO) Central Bureau of Statistics of Nepal,. 2008. NEPAL CHILD LABOUR REPORT based on data drawn from the Nepal Force Labour Survey. online. ILO 2008, xii. Available at http//www.ilo.org/kathmandu/whatwedo/publications/WCMS_182988/langen/index.htm Accessed 27th November 2012.UN Committee on Economic, Social and Cultural Rights, 2008. Nepal Persistent violations of childrens rights. online. Available at http//www.crin.org/resources/infodetail.asp?ID=29608. Accessed date 27th November.Karen C.T., 2000. Trafficking in children in Asia a regional overview. online. ILO. Available at www.ilo.orf/asia/whatwedo/publications/WCMS_BK _PB _7 _EN/langen/index.htm. Accessed 27th November.Gonzlez, Z., 2002. International Programme on the E limination of Child Labour El Salvador, The Commercial Sexual Exploitation of Children and Adolescents A Rapid Assessment online. Available athttp//www.ilo.org/public/spanish/standards/ipec/simpoc/elsalvador/ra/sexexp.pdf. Accessed 26th November 2012.