The document outlines the key points of a presentation on child rights in Nepal. It discusses the UN Convention on the Rights of the Child, which Nepal ratified in 1990. It outlines 54 articles that provide children rights to survival, development, protection, and participation. It also discusses the Child Act of Nepal, recommendations from the World Summit for Children, and the current status of child rights in Nepal.

1. 1
Sunita Rajbanshi
BPH 3rd semester
Koshi health and science
campus ,Biratnagar
Presentation on
1.Un convention on child
rights
2.The child Act of Nepal
3. Recommendation
from World Summit For
Children Cairo Habitat 2
4.Status of child Rights
in Nepal.

2. Outline
2
 Un convention on child rights
 Criticism of Un convention on child rights
 The child Act of Nepal
 Recommendation from World Summit For
Children Cairo Habitat II
 Status of child Rights in Nepal
 Discussion
 Summary
 Bibliography

3. UN Convention on ChildRight
3

4. Contd…………………………………………………..
 This convention was adopted by the UN General
Assembly on 20 November 1989 and implemented
on 2 September 1990.
 Nepal ratified the 54-Article document on 24
September 1990 without any condition.
 This convention was prepared with special aim to
improve the situation of child rights in developing
states.
 Altogether 196 states have ratified the convention.
4
UN Convention on child
rights 1989

5. Contd……………………………………….
 Nepal and other countries have been celebrating 20
November as International Child Rights Day.
 Articles 1-40 of the Child Rights Convention has
provided for child rights.
 Article 42 of the convention has delegated the
authority to publicize about the child rights to states
and Article 43to 54 have provided for procedures for
implementation and reporting according to the
convention.
5
UN Convention on child
rights 1989

6. ARTICLE 1(DEFINITION OF THE CHILD):
EVERYONE UNDER 18 YEARS OF AGE HAS ALL THE
RIGHTS IN THIS CONVENTION.
ARTICLE 2(NON-DISCRIMINATION)
THE CONVENTION APPLIES TO EVERYONE WHATEVER
THEIR RACE, RELIGION, ABILITIES, WHATEVER THEY
THINK
OR SAY, WHATEVER TYPE OF FAMILY THEY COME
FROM
UN Convention on the right of child
6
UN Convention on child
rights 1989

7. Article 3(Best interests of the child):
 All organizations concerned with children should work
towards what is best for each child.
Article4 (Protection of rights):
 Governments should make these rights available to
children.
Contd……………..
7
UN Convention on child
rights 1989

8. Article 5( Parental guidance )
 Governments should respect the rights and
responsibilities of families to guide their children so
that, as they grow up, they learn to use their rights
properly.
Article 6(Survival and development):
 Children have the right to live a full life. Governments
should ensure that children survive and develop
healthily.
Contd……………..
8
UN Convention on child
rights 1989

9. Article 7(Registration, name, nationality,
care):
 Children have the right to a legally registered name
and nationality. Children also have the right to know
their parents and, as far as possible, to be cared for
by them.
Article 8(Preservation of identity):
 Governments should respect a child’s right to a
name, a nationality and family ties.
Contd……………..
9
UN Convention on child
rights 1989

10. Article 9(Separation from parents):
 Children should not be separated from their parents
unless it is for their own good. For example, if a
parent is mistreating or neglecting child. Children
whose parents have separated have the right to stay
in contact with both parents, unless this might harm
the child.
Contd……………..
10
UN Convention on child
rights 1989

11. Article 10(Family reunification):
 Families who live in different countries should be
allowed to move between those countries so that
parents and children can stay in contact, or get back
together as a family.
Article 11(Kidnapping):
 Governments should take steps to stop children being
taken out of their own country illegally.
Contd……………..
11
UN Convention on child
rights 1989

12. Contd……………..
Article 12 (Respect for the views of the child):
 Children have the right to say what they think should
happen when adults are making decisions that affect
them and to have their opinions taken into account.
Article 13(Freedom of expression):
 Children have the right to get and to share
information, as long as the information is not
damaging to them or to others.
12
UN Convention on child
rights 1989

13. Contd…………….
Article 14 (Freedom of thought, conscience and
religion):
 Children have the right to think and believe what
they want and to practice their religion, as long as
they are not stopping other people from enjoying
their rights. Parents should guide children on these
matters.
13
UN Convention on child
rights 1989

14. Article 15(Freedom of association):
 Children have the right to meet with other children
and young people and to join groups and
organizations, as long as this does not stop other
people from enjoying their rights
Contd…………
14
UN Convention on child
rights 1989

15. Article 16(Right to privacy):
 Children have the right to privacy. The law should
protect them from attacks against their way of life,
their good name, their family and their home.
Article 17(Access to information; mass media):
 Children have the right to reliable information from
the media. Mass media such as television, radio and
newspapers should provide information that children
can understand and should not promote materials that
could harm children
Contd……………..
15
UN Convention on child
rights 1989

16. Contd……….
Article18 (Parental responsibilities; state
assistance):
 Both parents share responsibility for bringing up
their children and should always consider what is
best for each child. Governments should help
parents by providing services to support them,
especially if both parents work.
16
UN Convention on child
rights 1989

17. Contd………
Article 19(Protection from all forms of
violence):
 Governments should ensure that children are properly
cared for and protect them from violence, abuse and
neglect by their parents, or anyone else who looks after
them
17
UN Convention on child
rights 1989

18. Contd………
Article 20(Children deprived of family
environment):
 Children who cannot be looked after by their own
family must be looked after properly by people who
respect their religion, culture and language.
Article 21(Adoption):
 When children are adopted the first concern must be
what is best for them. The same rules should apply
whether children are adopted in the country of their
birth or if they are taken to live in another country.
18
UN Convention on child
rights 1989

19. Contd………….
Article 22(Refugee children):
 Children who come into a country as refugees should
have the same rights as children who are born in that
country.
Article 23(Children with disabilities):
 Children who have any kind of disability should
receive special care and support so that they can live a
full and independent life.
19
UN Convention on child
rights 1989

20. Contd…………
Article 24(Health and health services):
 Children have the right to good quality health care,
clean water, nutritious food and a clean environment
so that they will stay healthy. Richer countries should
help poorer countries achieve this.
Article 25(Review of treatment in care):
 Children who are looked after by their local authority
rather than their parents should have their situation
reviewed regularly
20
UN Convention on child
rights 1989

21. Contd……………
Article 26(Social security):
 The Government should provide extra money for the
children of families in need.
Article 27(Adequate standard of living):
 Children have the right to a standard of living that is
good enough to meet their physical and mental needs.
The government should help families who cannot
afford to provide this.
21
UN Convention on child
rights 1989

22. Contd…………
Articles 28(Right to education):
 Children have the right to an education.Discipline in
schools should respect children’s human dignity.
Primary education should be free. Wealthier
countries should help poorer countries achieve this.
22
UN Convention on child
rights 1989

23. Contd………..
Article 29(Goals of education):
 Education should develop each child's personality and
talents to the full. It should encourage children to
respect their parents, their cultures and other cultures.
Article 30(Children of minorities/indigenous
groups):
 Children have the right to learn and use the language
and customs of their families, whether or not these are
shared by the majority of the people in the country
where they live, as long as this does not harm others.
23
UN Convention on child
rights 1989

24. Contd………………..
Article 31(Leisure, play and culture):
 Children have the right to relax, play and to join in a
wide range of leisure activities.
Article 32(Child labour):
 Governments should protect children from work that
is dangerous or that might harm their health or
education.
Article 33(Drug abuse):
 Governments should provide ways of protecting
children from dangerous drugs.
24
UN Convention on child
rights 1989

25. Contd………..
Article 34(Sexual exploitation):
 Governments should protect children from sexual
abuse.
Article 35(Abduction, sale and trafficking):
 Governments should make sure that children are not
abducted or sold.
Article 36(Other forms of exploitation):
 Children should be protected from any activities that
could harm their development.
25
UN Convention on child
rights 1989

26. Contd……..
Article 37(Detention and punishment):
 Children who break the law should not be treated
cruelly. They should not be put in a prison with
adults and should be able to keep in contact with
their family.
Article 38(War and armed conflicts):
 Governments should not allow children under 15 to
join the army. Children in war zones should receive
special protection
26
UN Convention on child
rights 1989

27. Contd………………..
Article 39(Rehabilitation of child victims):
 Children who have been neglected or abused should
receive special help to restore their self-respect.
Article 40(Juvenile justice):
 Children who are accused of breaking the law should
receive legal help. Prison sentences for children should
only be used for the most serious offences.
27
UN Convention on child
rights 1989

28. Contd…………………………………..
Article 41(Respect for superior national
standards):
 If the laws of a particular country protects children
better than the articles of the Convention, then those
laws should override the Convention.
Article 42(Knowledge of rights):
 Governments should make the Convention known to
all parents and children.
28
UN Convention on child
rights 1989

29. Contd……………………………………..
 The Convention on the Rights of the Child has
54 articles in all. Articles 43-54 are about how adults
and governments should work together to make sure
that all children get all their rights.
29
UN Convention on child
rights 1989

30. Criticism of UN convention on Child Rights
30
 The United States and Somalia are the only
countries in the world that have failed to
ratify the Convention. Although the United
States signed the Convention on February 16,
1995, the treaty has never been submitted to
the U.S. Senate and the United States has
stated that it has no plans to ratify the
convention.
UN Convention on child
rights 1989

31. Contd…………
31
 Some critics in the United States have influenced
heavily against ratification of the convention,
claiming that the convention will undermine
parental authority, interfere with parents' ability to
raise and discipline their children, and will elevate
the rights of children above the rights of parents.
 In reality, the convention repeatedly refers to the
importance of the parent-child relationship, and
requires governments to respect the rights and
duties of parents.
UN Convention on child
rights 1989

32. Contd…………
32
 The most significant contradiction between the
convention and U.S. law and practice is in relation to
the death penalty. The Convention on the Rights of
the Child prohibits the use of the death penalty for
offences committed before the age of eighteen.
However, twenty-two U.S. states allow executions of
juvenile offenders, and currently there are eighty-two
juvenile offenders on death row in the United States.
UN Convention on child
rights 1989

33. Contd……..
33
 Traditionally, the United States has recognized civil and
political rights (such as the rights to expression, assembly
and due process), but not economic, social and cultural
rights (such as the right to education, health care and an
adequate standard of living). The convention includes
both.
 Also, the United States also argues that many of the issues
addressed by the Convention on the Rights of the Child lie
primarily within the jurisdiction of the states, rather than
the federal government. For example, in the United States,
individual states are responsible for education, and for
setting laws related to the administration of juvenile
justice
UN Convention on child
rights 1989

34. 34

35. Child act of Nepal
 Nepal ratified the Convention on the Rights of the
Child on September 14, 1990.
 According to Article 126 of the Constitution of the
Kingdom of Nepal (promulgated in 1990),
international agreements that are duly ratified are
binding on the government.
 In 1992 the Nepalese Parliament passed The
Children’s Act codifying some sections of the
Convention.
35
children’s Act of Nepal 1992

36. Contd………..
 The Constitution of Nepal and the 1992 Children’s
Act were “the first time in the history of Nepal that
the country has shown a deep interest in protecting
the rights of the child.”
 The political unrest in Nepal has prevented the
country from making further efforts to implement
the Convention since the reforms in the early
nineties.
36
children’s Act of Nepal 1992

37. Children’s Act 2048 (1992)
Chapter I, Article 2
"Abandoned Child" means a Child-
Who has been neglected by his
father, mother or any other member
of his family even though they exist.
.
37
children’s Act of Nepal 1992

38. Chapter II, Article 7
No Child shall be subjected to torture or
cruel treatment. Provided that, the act of
scolding and minor beating to the Child
by his father, mother, member of the
family, Guardian or teacher for the
interests of the Child himself shall not be
deemed to violate the provisions of this
Section.
38
children’s Act of Nepal 1992

39. Chapter II, Article 20
For the enforcement of the rights set
out in this Chapter,every person shall
have the right to file a petition on
behalf of the Child to a District Court
of the district where the Child is
residing
39
children’s Act of Nepal 1992

40. Chapter IV, Article 35
The Children Welfare Officer and the
police personnel shall handover the
Abandoned Child, they have found or
handed over to them by any person, to
the nearest Children's Welfare Home
40
children’s Act of Nepal 1992

41. Chapter IV, Article 35
 The Children Welfare officer, Police Officer or
Chief of the concerned Children's Welfare
Home may, in order to find out father,
mother, relatives or Guardian of the
Abandoned Child cause to publish a notice
including the description and photograph of
such Child in any or cause to communicate
through any other medium of communication
.
41
children’s Act of Nepal 1992

42. Chapter IV, Article 36
 If the father, mother or the Guardian of
the Abandoned Child desires to take the
Child with them, the Chief of the
Children's Welfare Home shall allow to
take the Child at any time and prepare a
document for such take over of the Child.
42
children’s Act of Nepal 1992

43. Chapter VI, Article 49
The legal practitioner or the father, mother,
relatives Guardian of the Child and if the
officer hearing the case deems it appropriate
and permits any person or the representative
of the social organization involved in
safeguarding the rights and interests of the
Child may attend in the proceedings of any
case related with the Child initiated under this
Act or existing laws.
43
children’s Act of Nepal 1992

44. Chapter VI, Article 53
 In case any person commits any offence in
contravention to Section 7 [cruel
treatment of a child] or 15, he shall be
punished with a fine up to five thousand
rupees or with imprisonment for a term
which may extend to one year or with
both. In case of torture and cruel
treatment he shall be made liable to pay a
reasonable amount of compensation to
the Child.
44
children’s Act of Nepal 1992

45. Chapter VI, Article 57
 The case under this Act in which a
Child is a plaintiff or defendant shall
have to be given priority for hearing
and deciding.
45
children’s Act of Nepal 1992

46. Recommendation from World Summit For
Children Cairo Habitat II
46

47. Contd……………………………………………
 The needs of children and youth, particularly with
regard to their living environment, have to be taken
fully into account.
 Special attention needs to be paid to the
participatory processes dealing with the shaping of
cities, towns and neighborhoods; this is in order to
secure the living conditions of children and of youth
and to make use of their insight, creativity and
thoughts on the environment.
47
Habitat II Agenda 1996

48. Contd…………………………….
 Special attention must be paid to the shelter
needs of vulnerable children, such as street
children, refugee children and children who
are victims of sexual exploitation.
 Parents and other persons legally responsible
for children have responsibilities, rights and
duties, consistent with the Convention on the
Rights of the Child, to address these needs.
48
Habitat II Agenda 1996

49. 49
Status of Child Rights in Nepal

50. Status of Child Rights in Nepal
50
 Children are zone of peace. They are an inseparable
part of the society.
 According to the Convention on Child Rights, the
State has the responsibility of protection, promotion,
upkeep and fulfillment of children’s needs.
 Along with the promulgation of the Interim
Constitution of Nepal-2007, for the first time Child
Rights has been included as constitutional obligation
in Nepal as fundamental rights to guarantee
protection of child rights at the national level.
Child Right, Annual Report 2008

51. Contd………..
51
 The Interim Constitution 2007 has given authority to
the Commission to protect, promote and enforce
human rights and also monitor, investigate and
recommend any activity to ensure whether human
rights are guaranteed or not.
Child Right, Annual Report 2008

52. Interim Constitution of Nepal for child
rights 2007
52
 Nepal’s 1990 constitution Article 20 (2) had
prohibited employment of children in industries,
factories, mines and other dangerous jobs.
 Article 13 has provided for right to equality and
provision for special arrangements through laws
for development of disabled children.
 Article 17 has provided for rights to education and
culture.
Child Right, Annual Report 2008

53. Contd……….
53
 Article 22 has provided that every child has the right
to name and identity, upbringing, basic health
facilities and social security, rights against physical,
mental and all other forms of exploitation and has
made it punishable by law and perpetuators of such
acts should compensate the victims for their crime as
per provisions in laws.
 The constitution has also provided for special support
from the state to orphans, helpless, mentally
retarded, conflict victims, displaced and the street
children who are at risk.
Child Right, Annual Report 2008

54. Children Act 1991 and Regulations 1995:
54
 The Act has defined any child under the age of 16 is
consider child. The Act has prevented employment of any
child under the age of 14 and has provided for special
protection measures while employing any child above
that age.
Child Labor (Prevention and control) Act 1999:
 The Act has forbidden anyone from employing a child of
below 14 years of age and has provided for a punishment
of up to three months in jail or Rs 10,000 fine or both for
employing a child of below 14 years of age.
Child Right, Annual Report 2008

55. Contd…….
55
 If someone is found to be employing a child of below
16 years of age in risky job then such a person may
be sentenced one year in jail or fined Rs 50,000 or
both.
 If anyone is employed without the consent of the
guardian then such person may be sentenced two
years in jail or fined Rs 5,000 or both the Anyone
can be employed.
Child Right, Annual Report 2008

56. Prison Act 1962 and Regulation 1963
56
 Article 8 (1) of the Prison Act has provided that any
woman prisoner giving birth to a baby while
imprisoned and wanting to care her child under the
age of two can do so in the prison itself and after the
baby reaches two years of age, the child will have to be
taken away by his or her custodian for further care.
 Article 8 (2) has provided that the government has to
take the responsibility for care of babies, their
education and upbringing if women prisoners have no
one to take care of the babies outside the prison.
Child Right, Annual Report 2008

57. Disabled protection and welfare act, 1983,
Regulations 1995:
57
 This act has given definition of disability, its
determination, protection, right to equality, education
and training facilities, health and medical care,
facilities and concessions, feeding etc.
Comprehensive Peace Agreement 2007
 In Comprehensive Peace Agreement the parties of the
agreement have agreed not to recruit or use any child
under the age of 18 as soldier and also provides for
immediate rescue of any such child soldier and
rehabilitating the such a child and providing all
necessary support for such.
Child Right, Annual Report 2008

58. Some of the situation of child in Nepal
58
 According to the Census in 2001, there were
17,803 children under the age of 14 being
employed as child labor in which 46.3
percent were boys and 53.7 per cent girls.
According to ILO there are 2.6 million child
labor in the country of which 127,000 are
working in dangerous jobs.
Child Right, Annual Report 2008

59. Contd……………..
59
 Estimated 20,000 to 25,000 girls working as kamlaris
in their land lord’s houses.
(21 Poush 2065 Nepali times online report.)
 Almost 48.5% people working with the public
transport vehicles including microbuses, buses and
tempos in the Kathmandu valley are below the age of
14.
 Altogether 2,193 persons working as vehicle assistants
in the 5,019 public transport vehicles plying in the
streets of Kathmandu are children.
(27 kartik, 2065 The Himalayan Times report)
Child Right, Annual Report 2008

60. Contd…………
60
 The Central Child Welfare Committee has mentioned
in 2006, 230 children were killed in armed conflict,
107 were injured and 4048 children were rendered
orphans. From 1996 t0 2006.
 Child soldiers: The government and the Maoist had
agreed in the Comprehensive Peace Agreement that
took place in 2007 not to engage children under the
age of 18 in armed military activities and had also
expressed commitment to free child soldiers.
Child Right, Annual Report 2008

61. Contd…………
61
 A report by ILO has revealed that almost 5,000 girls
under the age of 16 are engaged in flesh trade in
Nepal.
 A record at the CWIN(Child Worker In Nepal) from
January to December 2008 reveals that there were 28
cases of sexual harassment, 188 rape cases, 330
incidents of actions against students for violating
school discipline and INSEC(Informal Sector Service
in Nepal) in 2008 recorded 186 cases of rape of girls
below the age of 18.
Child Right, Annual Report 2008

62. Contd…………
62
 As per the records of the CWIN from January to
December 2008, 86 children were detained and
jailed for activities related with armed conflict and
64 were serving on juvenile crimes and seven
children were serving sentences with their parents.
 According to the NCASC report of Ashad 2070 (15
July, 2013) there were 980 male child,647 female
child, total 1627 children were affected by HIV in
Nepal.
Child Right, Annual Report 2008

63. Contd………….
63
 Some 200 children under the age of 15 from across
the country had a chance to express their queries to
President Dr Ram Baran Yadav. Prime Minister had
expressed his commitment to a delegation of 14
students representing 54 schools and child clubs in
the western region about guaranteeing child rights in
the new constitution. -27 Bhadra, 2065 Nepal
Samachar Patra daily.
Child Right, Annual Report 2008

64. Discussion
64
 UN Convention 1989 has provided child rights
mainly in 4 criteria:
Right to life
Right to protection
Right to development
Right to participation
 Child Act 1992 has provided so many acts but all
has not been in use.

65. Contd……………….
65
 Status of child rights in Nepal is in deteriorating
condition. Some rights are in use while other need to
implement.
 The Habitat II 1996 not only says about Housing &
Settlement but also about Child Rights.
 As the children are the future of the nation so Child
Right is important because it becomes
human right/women rights for them in future. It
need to implement in developing countries as well.

66. Conclusion
66
 The Convention on the Rights of the Child has
54 articles in all. Articles 43-54 are about how adults
and governments should work together to make sure
that all children get all their rights & remaining are
about Child Rights.
 Child Act of Nepal mainly focused on the abandoned
child, exploited child & those child who were in
problem.

67. Contd…………
67
 In the developing countries like Nepal its difficult to
implement all the Child Rights.

68. Bibliography
68
 Insconline.org, 2065, http://www.inseconline.org/
 Children in the middle of armed conflict, CWIN,
2006
 Status of Children in Nepal, 2063, Central Child
Welfare Committee
 www.ncasc.gov.np
 Status of child right in Nepal annual report 2008.
 National Human Rights commission of Nepal.
 UN Convention on the Right of child 1990.

69. Contd………..
69
 Habitat II Agenda 1996
 JE Park & K Park, A Textbook of Preventive & Social
medicine ; 22nd edition
 Child Act in Nepal 2048

70. Thank you all for
your kind
attention 70