the relation between human rights and children rights

1. Name of the group
Blue

2. Member
group leader: Badrul Alam ID 161-26-938
Other Members
Habiba Akter Mou ID 161-26-36
Sajib Mia ID 161-26-950
Mahfuza Islam Shoshi ID 161-26-942

3.  Presentation Topic
1.Children rights
2.Nationally Laws and case on children rights
3.Internationally Laws, treaty's and cases on
children rights.
4.Comparison between convention and Act

4. Habiba Akter Mou
ID 161-26-36
presentation topic
* Children rights definition
*Historical definition
*Children rights are

5. Definition
Children's rights are the human rights of children with particular attention to the rights of special protection and
care afforded to minors.
Definition by convention
The 1989 Convention on the Rights of the Child (CRC) defines a child as "any human being below the age of
eighteen years, unless under the law applicable to the child, majority is attained earlier.”
Historical definition
Children’s rights law is defined as the point where the law intersects with a child's life. That includes juvenile
delinquency, due process for children involved in the criminal justice system, appropriate representation, and
effective rehabilitative services; care and protection for children in state care; ensuring education for all children
regardless of their race, gender, sexual orientation, gender identity, national origin, religion, disability, color,
ethnicity, or other characteristics, and; health care and advocacy.
children rights are
Children's rights includes their right to association with both parents, human identity as well as the basic needs
for physical protection, food, universal state-paid education, health care, and criminal laws appropriate for the age
and development of the child, equal protection of the child's civil rights, and freedom from discrimination on the
basis of the child's race, gender, sexual orientation, gender identity, national origin, religion, disability, color,
ethnicity, or other characteristics.

6. MAHFUZA ISLAM
ID: 161-26-942

7. Children Rights Under National Human Rights.
Children's rights are the human rights of children with particular attention to the rights of
special protection and care afforded to minors. The 1989 Convention on the Rights of the
Child (CRC) defines a child as "any human being below the age of eighteen years. Children's
rights includes their right to association with both parents, human identity as well as the
basic needs for physical protection, food, universal state-paid education, health care, and
criminal laws appropriate for the age and development of the child, equal protection of the
child's civil rights, and freedom from discrimination on the basis of the child's race, gender,
sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or
other characteristics.

8. Children have two types of human rights.
Firstly, they have the same fundamental general human rights as adults, although some
human rights, such as the right to marry, are dormant until they are of age, Secondly, they
have special human rights that are necessary to protect them during their minority.
The new act abolishes the early Child Act 1974. The Child Act 2013 features 11 chapters and
100 sections. The act recognizes some organizations and members and mentions about
their responsibilities.
According to the act, whatever the circumstance is, child aged below nine cannot be
arrested. If a child above nine is being arrested, law enforcers cannot apply handcuffs and
rope around waist to the child. (section 44)

9. Blast was the person who defend the rights of children and juvenile in custody or in conflict
with the law, using the children’s Act 1974 and invoking the child Rights convention 1990.
there are few juvenile correction centers in Bangladesh and children who are accused of
crimes are frequently sent to the adult prisons. Blast ensure transfers of children in adult
prison to juvenile correction centers, obtain bail for children, and defend children in court.
In 22 BLD the high court affirmed the responsibility of the government of Bangladesh to
ensure that children are tried under the children Act 1974 rather then the Code of criminal
procedure

10. BLAST and another vs. Bangladesh and others ['Shukur Ali' Case]
Writ Petition No. 8283 of 2005
High Court Division of the Supreme Court of Bangladesh
Facts: Shukur Ali, a minor boy, was convicted under section 6(2) of the Nari-o-Shishu
Nirjatan (Bishesh Bidhan) Ain, 1995 by the Nari-o-Shishu Nirjatorn Bishesh Adalat,
Manikganj (a special Tribunal) on 12 July, 2001 and was sentenced to death. He (Shukur Ali)
was 14 years old at the time of occurrence and 16 years at the time of Trial. He appealed the
decision, which was upheld by both divisions of the Supreme Court. At this stage, BLAST
became involved and challenged both the constitutional validity of the law terming his
(Shukur Ali’s) imprisonment as illegal detention under an unconstitutional law.

11. Arguments: The petitioners argued that Section 6(2) of the Nari-O-Shishu Nirjatan (Bidesh
Bidhan) Ain, 1995 was unconstitutional on the ground that it provides solitary punishment
of death with no alternative. It was also pointed out that death penalty was the only
punishment available under section 6(1) of the said law as well. The petitioners also argued
that Article 5 of Universal Declaration of Human Rights 1948 is also reflected in Article
of our Constitution and Article 6 of International Covenant on Civil and Political Rights
(ICCPR), 1996, which was ratified by Bangladesh on 15 October 1998 and prohibits
deprivation of life. Article 6.5 of ICCPR provides that sentence of death shall not be
for crimes committed by persons below 18 years of age.

12. Judgment: The High Court delivered its judgment on 2 March 2010, in which it said that
Section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain 1995, now repealed, was
unconstitutional. It upheld the verdict of the Tribunal at Manikganj, but stayed the
execution for two months to allow an appeal to the Appellate Division and gave a
to that effect.

13. There are some different punishments for committing different offences on children
according to women and children Act, 2000:
Section 6, punishment for children trafficking: Shall be punishment with death or
imprisonment for life and shall also liable to fine.
Section 7, Punishment for abduction: Shall be punished with imprisonment for life or not
less then 14 years and shall also liable to fine.
Section 12, Punishment for Mutilation of the children for the purpose of begging:
punished with death or rigorous imprisonment for life and shall also be liable to fine.
Sec 82 of the penal code, says nothing is an offence which is done by a child under nine
years of age.

14. Badrul Alam
ID 161-26-938
presentation topic:
Internationally Laws, treaty's and cases on children
rights.

15. 1. Universal Declaration of Human Rights 1948
2. Declaration of the Rights of the Child 1959
3. European Convention on the Adoption of Children 1967
4. Minimum Age Convention 1973
5.. The European Convention on the Recognition and Enforcement of Decisions Concerning the Custody of
Children 1980 (the Luxembourg Convention)
6. Hague Convention on the Civil Aspects of International Child Abduction 1980
7. Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors 1984
8. U.N. Convention on the Rights of the Child (CRC) 1989
9. African Charter on the Rights and Welfare of the Child 1990
10. The Hague Convention on the Protection of Children and Cooperation in Respect of Inter country
Adoption (1993 Convention)
11. European Convention on the Exercise of Children’s Rights 1996
12. Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in
Respect of Parental Responsibility and Measures for the Protection of Children 1996 (1996 Convention)
13. Worst Forms of Child Labour Convention 1999
14. Optional Protocol to the CRC on the Sale of Children, Child Prostitution, and Child Pornography (Sex
Trafficking Protocol), Armed Conflict 2000
15. Optional Protocol to the CRC on the Involvement of Children in Armed Conflict (Child Soldiers
Protocol) 2000

16. Universal Declaration of Human Rights 1948
Article 1.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal
protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights
granted him by the constitution or by law.

17. Declaration of the Rights of the Child 1959
However, neither the 1924 Geneva Declaration nor the 1959 Declaration of the Rights of the Child define when
childhood starts and ends, mainly to avoid taking a stand on abortion.
Nonetheless, the Preamble to the Declaration of the Rights of the Child highlights children’s need for special care
and protection, “including appropriate legal protection, before as well as after birth.”
The Declaration of the Rights of the Child lays down ten principles (2):
1. The right to equality, without distinction on account of race, religion or national origin.
2. The right to special protection for the child’s physical, mental and social development.
3. The right to a name and a nationality.
4. The right to adequate nutrition, housing and medical services.
5. The right to special education and treatment when a child is physically or mentally handicapped.
6. The right to understanding and love by parents and society.
7. The right to recreational activities and free education.
8. The right to be among the first to receive relief in all circumstances.
9. The right to protection against all forms of neglect, cruelty and exploitation.
10. The right to be brought up in a spirit of understanding, tolerance, friendship among peoples, and universal
brotherhood.

18. A summary of the rights under the Convention on the Rights of the Child 1989
Article 1 (Definition of the child)
Article 2 (Non-discrimination)
Article 3 (Best interests of the child)
Article 5 (Parental guidance)
Article 6 (Survival and development)
Article 7 (Registration, name, nationality, care)
Article 8 (Preservation of identity)
Article 10 (Family reunification)
Article 11 (Kidnapping)
Article 13 (Freedom of expression)
Article 16 (Right to privacy)
Article 22 (Refugee children)
Article 23 (Children with disabilities)
Article 28: (Right to education)
Article 34 (Sexual exploitation)
Article 42 (Knowledge of rights)

19. Minimum Age Convention 1973
The International Labour Organisation (the ILO) has regulated child labour through the Minimum Age Convention and
the Worst Forms of Child Labour Convention. Such conventions aim at the reduction and eventual elimination of harmful
labour practices. After the ratification of such conventions, many countries have adopted domestic laws prohibiting harmful
labour. Despite such regulations, statistics prove that children still participate in harmful work. The main purpose of this
article is to assess the ILO child labour conventions critically, so as to provide further understanding of the provisions of the
text of such instruments. While the aim of the Minimum Age Conventionwas the progressive eradication of child labour,
the Worst Forms of Child Labour Convention recognises the existence of tolerable forms of child labour, and it seeks to
eliminate the worst forms of child labour.

20. 1. The Worst Case of Child Abuse In US History – The Murder of Baby Brianna (GRAPHIC)
by letsfindthem -- January 17, 2013
Brianna Lopez who is also known to many as “Baby Brianna”, was a baby girl who was born in a New Mexico hospital on Valentines Day,
2002 to her mother, Stephanie Lopez and her father, Andy Walters. She would have turned eleven years old on February 14, 2013 but sadly,
she never made it.
2. Dr. Mark Kitzman
Although the case of child sexual predator Mark Kitzman may not be familiar, it is well-known in legal circles. Convicted of three instances
of child sexual abuse, the physician appealed because his accusers did not face him in court. Two of the convictions were reversed and the
practice which today is accepted — allowing victims to testify via closed circuit television -- was begun.
Three weeks after Kitzman was indicted , the Oregon Board of Medical Examiners suspended Kitzman's license. When he was released from
prison his medical license was reinstated with the provision that he is not allowed to treat patients under age 18.
3. Jerry Sandusky
The most famous, recent, case is Jerry Sandusky. Sandusky was on top of the college football world as an assistant coach serving under the
legendary Joe “Pa” Paterno at Penn State.
Sandusky was convicted of sexually abusing children, both at his home, and on Penn State campus. Sandusky was 68 when he was sentenced
to 30-60 years when he was found guilty of 45 counts of child sexual abuse.
Sandusky met many of the children through his charitable foundation, “The Second Mile,” and, according to court documents, used money,
tickets to Penn State games and other gifts as lures.
Sandusky still maintains his innocence. Recently he stated in an interview, “In my heart , I know I didn't do these disgusting acts

21. Tinker v. Des Moines Independent School District (1969)
Issue: Freedom of Speech at School
Bottom Line: You Have the Right To Express Yourself—Up to a Point.
New Jersey v. T.L.O. (1985)
Issue: Privacy Rights at School
Bottom Line: Your Belongings Can Be Searched, But Not Arbitrarily.
Ingraham v. Wright (1977)
Issue: School Discipline
Bottom Line: Teachers Can Use Corporal Punishment, If Your Locality Allows It.
Kent v. United States (1966)
Issue: Juveniles and Serious Crime
Bottom Line: Teens Can Be Tried as Adults
Vernonia School District v. Acton (1995)
Issue: Student Athletes and Drug Testing
Bottom Line: Schools Can Require It

22. West Side Community Schools v. Mergens (1990)
Issue: Student Clubs
Bottom Line: Public Schools That Allow Student-Interest Clubs Cannot Exclude Religious or Political Ones.
DeShaney v. Winnebago County Social Services (1989)
Issue: Constitutional Rights at Home
Bottom Line: The Constitution Doesn't Protect Kids from Their Parents
Troxel v. Granville, 530 U.S. 57 (2000)
This is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the
upbringing of their children, struck down a Washington state law that allowed any third party to petition state
courts for child visitation rights over parental objections.
BLAST and ASK vs. Bangladesh and others [‘Children in Fetters’ Case]
Writ Petition No. 1676 of 2003
High Court Division of the Supreme Court of Bangladesh

23. Sajib Mia
ID 161-26-950
presentation topic
Comparison between convention and Act

24. What Does the Convention on the Rights of the Child Say?
The UNCRC defines the child as a person under 18 years of age. It acknowledges the primary role of parents and the family in
the care and protection of children, as well as the obligation of the State to help them carry out these duties.
he UN Convention consists of 41 articles, each of which details a different type of right. These rights are not ranked in order of
importance; instead they interact with one another to form one integrated set of rights.
A common approach is to group these articles together under the following themes:
Survival rights: include the child’s right to life and the needs that are most basic to existence, such as nutrition, shelter, an
adequate living standard, and access to medical services.
Development rights: include the right to education, play, leisure, cultural activities, access to information, and freedom of
thought, conscience and religion.
Protection rights: ensure children are safeguarded against all forms of abuse, neglect and exploitation, including special care for
refugee children; safeguards for children in the criminal justice system; protection for children in employment; protection and
rehabilitation for children who have suffered exploitation or abuse of any kind.
Participation rights: encompass children's freedom to express opinions, to have a say in matters affecting their own lives, to join
associations and to assemble peacefully. As their capacities develop, children should have increasing opportunity to participate in
the activities of society, in preparation for adulthood.
The UN Convention includes four articles that are given special emphasis. These are also known as ‘general principles’. These
rights are the bedrock for securing the additional rights in the UN Convention.
that all the rights guaranteed by the UNCRC must be available to all children without discrimination of any kind (Article 2);
that the best interests of the child must be a primary consideration in all actions concerning children (Article 3);
that every child has the right to life, survival and development (Article 6); and
that the child’s view must be considered and taken into account in all matters affecting him or her (Article 12

25. In Bangladesh, the Children Act 2013 is a positive step and it is a great milestone for the protection of the rights of
the child in all sphere of life. The numbers of vital issues on child rights have been dealt with in the Act.
Furthermore, the Act recognizes some organizations and members and mentions about their responsibilities for
protection of the best interest the children. The main issues of the new Act are presented below:
Harmonized with the CRC: The Children Act, 2013 is based on the CRC and has referred to the CRC in the
preamble and replaced the Child Act 1974. As a result of this development, children in Bangladesh will have the
opportunities to be treated fairly both under the national and international laws.
Internationally recognized definition for a child: Due to the differences in ages of children, they were denied fair
justice. This discrepancy has been addressed in the Children Act, 2013. In the Act, the age of the child has been
increased from 16 to 18 years. So, child age has been fixed up to 18 years.
Protection of child victims and witnesses: For the first time, the Act has a provision for child victims and witnesses
cementing legal instruments for their protection, including compensation for victims. For children in conflict with
the law, the law reinforces the importance of the children justice system meaning that children accused of petty
crime, particularly children living on the streets will no longer be unnecessarily detained.
Appointment of probation officer: According to the Act, the government will appoint one or more Probation
Officer/s in the district, upazila and metropolitan areas.
Child help desks in the police station: As per the Act, under the Ministry of Home Affairs, Child Help Desks will be
formed in police stations all over the country. An officer, ranked sub-inspector or above, will look after the desk. The
Act specifies responsibilities of the designated police officer.

26. Single charge sheet against children: The Act specifies about submitting charge sheet against children. According to
the Act, a single charge sheet consisting of adults and children cannot be submitted.
Juvenile Court at district level: According to the Act, at least one juvenile court will be formed in district or
metropolitan area. If a case is filed against a child, whatever crimes s/he committed, the juvenile court will try
him/her.
Constitute National Child Welfare Board: Under the Act, a National Child Welfare Board will be formed. The
minster of the Ministry of Social Welfare will be the chairperson of the board. Boards at the district and Upazila
levels will also be formed. District Commissioner and Upazila Nirbahi Officer (sub-district executive officer) will
be the presidents of the boards respectively.
Alternative preventive measures: As per the Act, it states that the police officer or juvenile court can look for
alternative preventive measures during any stages of the formal judicial system. It has also been mentioned in Act
that there will be a monitoring process for checking, whether the directed alternative measures have any positive
impact on the child's behavior.
Provision of sentence: The Act proposed for highest five years imprisonment and Taka one lakh fines for any cruelty
on children as well as giving a guideline for bringing up the children in a conducive atmosphere.
Responsibility of media: Media is prohibited to publish articles, photographs and information that go against a child
under trial in this Act.