Child trafficking is one of the most heinous manifestations of
violence against children. This is taking on alarming proportions - nationally
and internationally. Although, very little reliable data or documentation is
available, meetings and consultations across the country have revealed the
gravity and the extent of this crime. It is high time we understood and realised
that children are trafficked for a number of reasons and this cannot be treated
synonymously with prostitution. The absence of this comprehensive understanding
and a comprehensive law that addresses all forms of trafficking to back it makes
this issue even more critical.
Adoption is one of the best and appropriate forms of
alternative family care. Indeed, it is the only way to break the mindset of
institutional care for children, which has been posed as the only solution for
many years.
However, adoption of children continues to be determined by
religion of the adoptive parents or the child when religion is known. Only
Hindus, Jains, Buddhists and Sikhs can adopt children. The personal laws of
other religions - Muslims, Parsis, and Jews do not allow it. Even as it exists
for Hindus, the law has serious flaws discriminating against married women. It
allows only married men to adopt. Further, it only allows for adoption of
children of opposite genders.
The Juvenile Justice (Care and Protection of Children) Act,
2000 also provides for adoption making no exception on the basis of religion. So
more complications may arise. Besides, the large scale setting up of baby shops
and the selling of babies from poor families has caused panic across the
country. We need to be careful not to throw the baby out with the bath water.
Greater checks and balances are required to ensure that adoption is legal and
proper, and that it is not being used as a means of trafficking of children.
In January 2002, a school going girl in Jammu, while discussing
the Right to Protection said that even in the current environment of unrest she
felt protected because she had armed guards, who accompanied her to school! She
was not alone. There were others too who felt protected because they had guards.
Incidentally, one of them was from the Kaluchak Army School in an army base,
which was attacked by terrorists a month later. We need to ask ourselves what
environment are we providing to our children where they need instruments of
violence to feel protected?
Thousands of children are homeless or living in inadequate
living conditions. Thousands of others are displaced in the name of development
and progress. Land is acquired for 'public purpose', while the benefits seldom
include those who are evicted and displaced. Yet others are de-housed as a
result of natural calamities - the floods, cyclones, earthquakes that have come
to become almost a regular feature in our country. In all of these, while whole
communities are affected, children are affected even more.
An estimated 3.3 million children were affected by the
supercyclone that hit the coastal districts of Orissa on October 29, 1999. But
NGOs reported that for five days after the cyclone, no special attention was
focussed on the needs of children. There was very little information on where
the children were, where they were going, or being taken.
How many children were actually displaced, how many died in the
earthquake that hit Gujarat on 26 January, 2000? No one has exact numbers. This
is true of all such situations of disaster or displacement. The need is to
ensure that along with immediate relief measures, proper information is
collected so that we can get a sense of the numbers affected, and ensure that
children are helped to move back to a semblance of normalcy as soon as possible.
This is to ensure that there are no long-term psychological implications. In the
absence of a holistic disaster mitigation policy, which is also designed to be
child friendly, this will not be possible. The same is true for rehabilitation
policies for development- related displacement.
It is only with the ratifying of the Child Rights Convention
that children's rights to participation began gaining formal recognition,
although several NGOs had initiated processes to enlist participation of
children and young adults long before the CRC. There is, however, no universal
or accepted definition of child participation. Various groups and individuals
have defined it according to their own understanding. There is still a fairly
long journey before this 'inclusion' of children's participation is internalised
and accepted widely.
Is the situation confronting the lives of our children bleak,
or is there reason for hope? Can we promise them an India that truly shines?
What do elections hold for these non-voters? Lest we forget, they are the adults
of tomorrow, and they willhold the adults of today accountable someday.
___________________________________________
Children’s Rights: United Kingdom (England and Wales)
Executive Summary
This report provides a basic overview of the laws regarding children’s rights
in a number of fields. The United Kingdom has a large number of laws protecting
children and guaranteeing them basic rights – both for areas in which there is
now an ‘entitlement’ such as education, as well as in areas in which they need
rights to ensure protection, such as in the criminal justice system. Given the
number and complexity of these laws this report provides a broad overview of
legislation and common law as it applies to children’s rights in England and
Wales only. (
PDF, 180KB)
Introduction
Within the United Kingdom of Great Britain and Northern Ireland, England and
Wales is the component nation in which largely English law prevails. This
report does not address children’s rights in Scotland or Northern Ireland,
although a number of the provisions discussed in the paper may also apply to
them. The common law in England and Wales provides that the responsibility for
the care and protection of children is with their parents “as guardians by the
law of nature, and on the Crown as
parens patriae,”
[
1] with the powers of a child’s parents somewhat
limited in certain areas by law. There are a number of substantive pieces of
legislation affecting children and their rights in a number of different areas.
The most substantive piece affecting children and their basic rights to a secure
and safe environment is the Children Act 1989. This Act introduces the term
‘parental responsibility’ rather than the common law concept of custody.
Parental responsibility is defined as “all the rights, duties, powers,
responsibilities and authority which by law a parent has in relation to the
child and his property.”
[
2]
The age of majority for children in England and Wales varies; there are many
age related rules that distinguish between children of different ages for
different purposes. The age of majority typically ranges from between sixteen
years of age (in which school no longer becomes mandatory) to eighteen years of
age (for voting rights and the consumption of alcohol).
Children’s rights are provided by a large number of laws – some that
specifically were enacted to protect children, and others that contain just a
few sections that pertain to children but provide them with essential rights.
There are numerous pieces of legislation that provide children with rights in
the areas of education, medicine, employment and the justice system. Given the
volume and complexity of these laws, this report provides a necessarily broad
overview of the substantive pieces of legislation as they affect children’s
rights in these areas.
Implementation of International Rights of the Child
The United Kingdom is party to numerous treaties regarding the rights of
children, notably the
- United Nations Convention on the Rights of the Child, ratified 12/16/1991;[3]
- Optional protocol to the Convention on the Rights of the Child on the sale
of children, child prostitution and child pornography, signed 9/7/2000;[4]
- Optional protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, ratified 6/24/2003;[5]
- United Nations Declaration of the Rights of the Child, ratified 1/15/1992;[6]
- European Convention on the Adoption of Children, ratified 12/21/1967,
entered into force 4/26/1968;[7]
- European Convention on the Legal Status of Children born out of Wedlock,
ratified 2/24/1981, entered into force 5/25/1981;[8]
- Convention Against Discrimination in Education, accepted by the UK
3/14/1962;[9]
- Convention for the Protection of Human Rights and Fundamental Freedoms,
acceded to 2/24/1967;[10]
- Hague Convention on the Civil Aspects of International Child Abduction,
ratified 10/20/1986;[11]
- Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement
and Co-operation in Respect of Parental Responsibility and Measures for the
Protection of Children, signed 1/4/2003;[12]
- Hague Convention on the Protection of Children in Intercountry Adoption,
ratified 2/27/2003;[13]
- European Convention on the Adoption of Children, ratified 12/21/1967;[14]
- Convention on Consent to Marriage, Minimum Age for Marriage and Registration
of Marriages, acceded to 7/9/1970;[15]
- International Covenant on Civil and Political Rights, ratified 5/20/1976;[16]
- Convention on the Elimination of All Forms of Discrimination Against Women,
ratified 4/8/1976;[17]
- The European Convention on the Recognition and Enforcement of Decisions
Concerning the Custody of Children, ratified 4/21/1986;[18]
- Minimum Age Convention, ratified 7/6/2000;[19]
- Convention concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour, ratified 3/22/2000;[20]
- Universal Declaration of Human Rights;[21] and the
- International Covenant on Economic, Social and Cultural Rights, ratified
5/20/1976.[22]
Child Health and Social Welfare
General Access to Healthcare
The United Kingdom does not have a written constitution that provides any
guarantees regarding access to healthcare. It does, however, have a
comprehensive national health service founded on the principle of providing
treatment according to clinical need rather than the ability to pay. The
Secretary of State has a number of statutory responsibilities under the National
Health Service Act 1977 to ensure that, where possible, a free and comprehensive
health service is provided in England and Wales to improve both the physical and
mental health of the people of the country and to prevent, diagnose and treat
illnesses.
[
23]
The government has recently introduced a National Service Framework, which
provides that healthcare services for children should be designed and delivered
around the particular needs of children.
[
24] The framework intends “to lead to a cultural shift,
resulting in services being designed and delivered around the needs of children
and families.”
[
25]
Prenatal and Postnatal Care
Healthcare facilities are free and available for British children and
infants, and the rate of infant mortality is relatively low, with 3,368 infant
deaths (under one year of age) registered in England and Wales in 2006, at a
rate of five per 1,000 live births.
[
26] The National Service Framework regarding pre- and postnatal
care of infants has been welcomed by the Royal College of Obstetricians and
Gynaecologists. The policy aims to provide mothers with a choice of either a
midwife or a doctor for prenatal care; a choice of place of birth between a home
birth, midwife centre birth, or a hospital birth with a doctor or a midwife.
These services are provided at no additional charge through the National Health
Service.
Healthcare: Children and Consent
Under the Children Act 1989, the term parental responsibility is defined to
include the parents’ right to consent to medical treatment.
[
27] An individual that does not have parental
responsibility for the child, but has them in his or her care, for example a
doctor or a teacher, “may do what is reasonable in all the circumstances of the
case for the purpose of safeguarding or promoting the child’s welfare … though
it will presumably only be reasonable to act without first obtaining the consent
of the child’s parents … in an emergency or if the treatment is trivial.”
[
28] When children reach the age of
sixteen, provided they are mentally competent, they are considered to be
sui
juris and capable of consenting to treatment themselves.
[
29] Prior to this age, however, a child that
has achieved a sufficient degree of understanding and intelligence regarding any
treatment that he or she is about to undergo may be considered competent and
capable of providing valid consent to this treatment. This level of competence
varies according to the seriousness of treatment and “reflects the staged
development of a normal child and the progressive transition of the adolescent
from childhood to adulthood.”
[
30] This
concept is known as "Gillick competence,"
[
31] and may be overruled by a parent if the child is refusing to
consent to treatment; a parent, however, cannot overrule a Gillick competent
child’s consent to treatment.
[
32]
Education
Education is funded by the government and the way in which it is provided is
governed primarily by statute and a voluminous amount of secondary legislation,
although some aspects of the common law continue to exist in the educational
setting, such as the duty of care owed by education authorities and their
employees regarding the care and supervision of students.
[
33] The primary legislation in this area is
the Education Act 1996;
[
34] the
Education Act 1997;
[
35] the Education
(Schools) Act 1997;
[
36] the Special
Educational Needs and Disability Rights Act 2001;
[
37] the Further and Higher Education Act 1992;
[
38] the Learning and Skills Act 2000; the
Teaching and Higher Education Act 1998;
[
39] and the School Standards and Framework Act 1998
[
40] as amended and supplemented by the Education
Acts of 2002
[
41] and 2005.
[
42] These Acts together provide the framework
for the provision of nursery education for children that are not yet old enough
for compulsory education and primary and secondary education for children and
teenagers and cover issues such as funding; governance; staffing; admissions and
attendance.
It is the duty of the Secretary of State to provide children with education
in England and Wales, and this duty is typically performed by Local Education
Authorities (LEA) for each county in England.
[
43] Education in Wales is a devolved area, meaning that it can
pass regulations to address educational issues separately from England.
Regulations specifically relating to Wales are not addressed in this report.
Compulsory Education
There are three stages of public education in England, comprised of the
primary education stage; secondary education stage and further education.
[
44] Nursery education is also provided
for children who are over two years of age but have not yet reached the
compulsory school age.
[
45] Compulsory
education in England begins at the age of five years old and continues until the
end of the “school leaving year” in which the child is sixteen years old.
[
46] When a child turns five years old
the parents must ensure that their child receives “efficient full-time education
suitable to his age, ability and aptitude, and to any special educational needs
he may have, either by regular attendance at school or otherwise.”
[
47] Once a child has reached the age for
compulsory education and is registered with a school in his or her area it is an
offense for the parent to fail to have the child attend the school regularly;
parents may be punished with a fine for failing to do so.
[
48] The duty for children to obtain an
education thus falls both upon the parents, to ensure that they attend schools,
and local education authorities, who are responsible for providing the
schools.
Curriculum
The Secretary of State and LEAs have a duty to put in place, and follow, a
curriculum that is balanced and broad and “promotes the spiritual, moral,
cultural, mental and physical development of pupils at the school and of society
and prepares pupils at the school for the opportunities, responsibilities and
experiences of later life.”
[
49] There
is a national curriculum in place across England that consists of a foundation
stage and then four key stages. During these stages, various arrangements are
in place for assessing students and upon helping them achieve attainment
targets. For the four key stages of education the core subjects include
mathematics, English, science, design and technology, information and
communication technology, physical education, history, geography, art and
design, music, citizenship and a modern foreign language.
[
50]
Rights in Education
The right to an education is provided for in a number of international
conventions to which the UK is a party, notably the Convention for the
Protection of Human Rights and Fundamental Freedoms,
[
51] the European Convention on Human Rights and the Universal
Declaration of Human Rights.
[
52]
Further to this, the Education Act 1996 imposes a duty on the Secretary of
State to “promote the education of the people of England.”
[
53] When performing the duties under the
various Education Acts, the Secretary of State must regard the general principle
that pupils should be educated in accordance with the wishes of their parents
“so far as that is compatible with the provision of efficient instructions and
training and the avoidance of unreasonable public expenditure.
[
54] The Convention for the Protection of Human
Rights and Fundamental Freedoms also provides for the principle that parents
have the right to ensure that any education or training conforms with their own
religious and philosophical beliefs; this principle, however, is only valid in
England insofar as it is “compatible with the provision of efficient instruction
and training, and the avoidance of unreasonable public expenditure.”
[
55] These issues typically arise with regard
to the provision of religious and/or sex education. The typical resolution of
these issues is that parents request that their children are wholly or partly
excused from these educational classes.
[
56]
Discrimination in its various forms (race,
[
57] gender,
[
58]
disability,
[
59] and sexual
orientation
[
60] or religion
[
61] in the higher and further education
sectors) is prohibited when providing education in England and Wales. LEAs have
a duty to identify children with special needs and to then make an assessment of
what needs they have and then to make a statement of these special needs, to
include details of the assessment and the special educational provisions that
are to be made to meet these needs. The statement includes the type of school
or institution the LEA considers to be appropriate for the child, or to specify
the name of the mainstream public school that it considers appropriate for the
child, and any special educational provisions that it considers necessary.
[
62] It is currently general policy to
include special needs children into mainstream public schools unless this is
incompatible with the wishes of the parents or would have a negative impact on
the efficient education of other children.
[
63] If the statement of special needs names a public school,
that child must be admitted to that school.
[
64]
Discipline
There is no longer a right for teachers or any member of staff to administer
corporal punishment to pupils because it is considered that “it cannot be
justified in any proceedings.”
[
65]
Members of staff of schools may use reasonable force to restrain pupils from
committing an offense, causing personal injury or damage to property or prevent
them from engaging in any highly disruptive behavior in school.
[
66] Discipline in schools in England is
primarily achieved through after school detention, sanctioned under the common
law, and typically requires parental consent or notice.
[
67] The ultimate sanction for repeated bad
behavior is exclusion from the school, either on a temporary or permanent
basis.
Child Labor and Exploitation
There are extensive laws and regulations regarding child labor and
exploitation in England and Wales. The main legislation restricting the use of
children in employment is the Children and Young Persons Act 1933.
[
68] The term “child” in this context is
defined as anyone of compulsory school age (up to age sixteen).
[
69] The general rules are that no child may be
employed under the age of fifteen years, or fourteen years for light work;
[
70] be required to work during school
hours; before 7 a.m. or after 7 p.m. on any day; or be required to work for more
than two hours on any day they are required to attend school, for more than
twelve hours in any week they are required to attend school; or for more than
two hours on Sundays. For non-school days, children under the age of fifteen
may work up to five hours a day on days that they are not required to attend
school, not including Sundays, up to a maximum of twenty five hours per week.
Those aged fifteen years or older may work up to eight hours per day on any day
school attendance is not required, up to a maximum of thirty five hours per
week, with the limit to working a maximum of two hours on a Sunday still
applying. Anyone employing children over the age of fourteen must provide them
with at least a one hour break after they have worked four or more hours.
[
71] It is an offense to employ a child
in contravention of these laws, punishable by a fine. Additional provisions are
applicable to children in the entertainment industry, which provides an
exemption: that children can perform certain duties under a license.
[
72] Local authorities can also make by-laws to
further restrict the hours or circumstances in which children may work.
[
73]
There are a number of laws that prohibit the use and exploitation of children
in dangerous labor. The following examples are extracted from a House of
Commons Library Standard note and include:
- Employment of Women, Children and Young Persons Act 1920, which prohibits
the employment of children in any “industrial undertaking,” including mines and
quarries, manufacturing industry, construction, and the transport of passengers
or goods by road, rail, or inland waterway;
- The Offices, Shops and Railway Premises Act 1963, which provides that no
young person may clean machinery if to do so would expose him to risk of
injury;
- The Betting, Gaming and Lotteries Act 1963, which prohibits the employment
of persons under eighteen in effecting any betting transaction or in a licensed
betting office;
- The Licensing Act 1964, which prohibits the employment of children in the
bar of licensed premises;
- the Licensing (Occasional Permission) Act 1983, which prohibits any person
under eighteen from selling or serving alcohol in premises authorized under the
Act (paragraph 5(1) of the Schedule);
- The Merchant Shipping Act 1970, by virtue of which no person under minimum
school leaving age may be employed on a ship registered in the UK, except as
permitted by Regulations made under the Act; and
- The Manual Handling Operations Regulations 1992, which prohibit children
from handling any heavy load which is likely to cause injury to them.
- The Prevention of Accidents to Children in Agriculture Regulations 1998 SI
No.3262 prohibit the riding by a child on certain classes of vehicle or machine
used in agricultural operations.[74]
The use of children in armed conflict is prohibited in England and Wales, and
it is party to the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict.
[
75] The minimum age for joining the armed
forces is sixteen years of age, and parental consent is required up until the
prospective recruit reaches the age of eighteen.
[
76] In 2004 6,690 Members of the Armed forces were under the
age of eighteen, representing 3.2 per cent of all Armed Forces’ personnel.
[
77] Only those over the age of eighteen
are deployed to operations, “in accordance with the UK position on the UN
Convention on the Rights of the Child.”
[
78]
Sale and Trafficking of Children
The prohibition of trafficking in children is addressed through a number of
Acts of Parliament, notably the Immigration Act 1971 (the facilitation of
illegal immigration);
[
79] the Asylum
and Immigration (Treatment of Claimants) Act 2004,
[
80] (which introduced a new criminal offence of trafficking
people into, within or out of the UK for the purposes of exploitation); the
Children Act 1989;
[
81] the Children
Act 2004
[
82] (child protection and
care) and the Sexual Offences Act 2003.
[
83]
The Sexual Offences Act 2003 is currently the substantive piece of
legislation regarding sexual offenses and introduced the specific offense of
trafficking individuals into, within or out of the England and Wales for the
purposes of sexual exploitation. The wording of the trafficking offence does
not mirror that in the UN Protocol to prevent, suppress, and punish
trafficking. During debates on the offense, Parliament noted that it was
specifically not worded in this manner because Parliament “did not wish to limit
the offences to those carried out by the use of threats, force, coercion,
abduction, fraud, deception or abuse of power or vulnerability ... Its view was
that where these abusive elements were present they could be charged in their
own right.”
[
84]
A person commits an offense of trafficking an individual for sexual
exploitation under the Sexual Offences Act 2003 if he or she intentionally
arranges or facilitates the arrival in, movement within or out of the UK, and
intends to do an act, or believes that another person is likely to do an act, in
respect to the person that he or she has trafficked in or out of England and
Wales that, if performed, involves the commission of a “relevant offence.”
[
85] The offense of trafficking covers
situations where a person is brought through England and Wales as an interim
destination and also covers situations where a person would be guilty of the
offense, for example through arranging travel documents, even if the person
being trafficked is ultimately not sexually exploited. The trafficking offenses
all have extra-territorial application, making it possible to prosecute any
British person that conducts the trafficking activity specified in the Act in
any country in the world without the need for an equivalent offense in that
country.
[
86] The maximum penalty for
trafficking for the purposes of sexual exploitation is fourteen years
imprisonment.
Trafficking to generally exploit people is also covered under the Asylum and
Immigration (Treatment of Claimants, etc.) Act 2004. This Act provides that it
is an offense for a person to arrange travel for someone into, within or out of
the United Kingdom with the intention that he or she will exploit that person,
or a belief that another person is likely to exploit them. A person is
exploited if he or she is forced into labor or slavery; encouraged, required or
expected to perform acts regarding the unlawful removal of human organs; has
been subjected to force, threats, or deception designed to induce him or her to
provide services of any kind or provide another person or enable another person
to acquire benefits of any kind, is requested or induced to undertake any
activity, having been chosen as the subject of the request or inducement on the
grounds that he is young and an older person would be likely to refuse the
request or resist the inducement.
[
87]
These sections also apply to acts done outside England and Wales by British
nationals, subjects, and citizens.
[
88] A person found guilty of an offense under this Act may be
imprisoned for up to fourteen years.
The statutory framework for the basic protection of children once in England
and Wales is provided for through the Children Act 1989 and the Children Act
2004. The Children Act 1989 places a duty on local authorities to prevent
children in their area from suffering ill treatment or neglect by ensuring
services are provided for them
[
89] and
to investigate any situation where a child in their area is subject to an
emergency protection order; is in police protection; or if there is reasonable
cause to suspect that the child is suffering or likely to suffer from
significant harm.
[
90] An example of
services provided to children that have suffered from ill treatment or neglect
is that of safe houses provided by West Sussex County Council, the local
authority covering the area surrounding Gatwick Airport.
[
91]
The Children Acts provide Local Authorities with the power to apply to the
court for an emergency protection order if there are reasonable grounds to
believe that the child will suffer from significant harm if he or she is not
removed to accommodation provided by the local authority; that the local
authority are making enquiries that are being frustrated by access to the child
being refused; or if inquiries are being made and frustrated through access to
the child being unreasonably refused and there is reasonable cause to suspect
that a child is suffering or likely to suffer significant harm.
[
92] Emergency protection orders can be granted
by the courts for up to eight days and has the effect of giving the local
authority the power to remove the child from the home or prevent the child from
being removed from a hospital or state accommodation; it also gives the Local
Authority limited parental responsibility for the child.
[
93]
Juvenile Justice
A number of Acts, dating back to 1933, provide for the system of juvenile
justice in England and Wales and attempt to ensure that a fair trial and fair
treatment is given to children accused of crimes. The minimum age of criminal
responsibility in England and Wales is currently ten years old.
[
94] Those below this age are considered
doli incapax and thus incapable of forming criminal intent.
[
95]
Children arrested for crimes in England and Wales and held in custody must be
separated from the adult population of the jail. Their guardians must be
notified as soon as reasonably practicable and informed of the charges brought
against the child and the child’s place of detention.
[
96] During any court proceedings involving the child under the
age of sixteen the law requires the attendance of the child’s guardian during
all proceedings, unless this is unreasonable in the circumstances of the case.
[
97] The general principle for children
charged with crimes is that they should not be held in police custody but
instead taken care of by social services in Local Authority accommodations. The
principle is considered to be of such importance that police custody officers
have a statutory duty to release juveniles to local authority accommodations
unless they can certify that specific circumstances make it impracticable for
this to occur, or for children aged twelve or over no secure accommodation is
available, and no other local authority accommodation is adequate to protect the
public from the serious harm posed by the child.
[
98]
The principal aim of the juvenile justice system is to “prevent offending by
children and young people.”
[
99] To
achieve this aim, the juvenile justice system in England and Wales progresses
through a series of steps.
[
100]
The first two, which apply only to less serious crimes, aim at preventing the
child from entering the juvenile justice system through a series of behavioral
contracts and other methods designed to correct the child’s behavior to prevent
him or her from re-offending or committing a serious offense.
[
101] For example, a system of cautioning has
been developed for young offenders through reprimands and warnings that are
given to those who admit guilt to the police for their crimes and for whom there
is sufficient evidence that any prosecution for the offence would be
successful.
[
102] Upon receiving
the reprimand or warning the young offender is then referred to the Youth
Justice Board who arranges for the youth’s participation in a rehabilitation
programme.
For children to whom these preventive methods do not apply, for example, due
to the seriousness of the offense, or who have exhausted them, the juvenile
justice system then operates in the form of a Youth Court, which hears cases of
ten to eighteen year olds.
[
103]
This youth court was established to prevent children and young people from
entering into contact or associating with adult suspects during any phase of a
trial.
[
104] The public are
excluded from these courts; further, reporting restrictions may be placed on
what the media may publish from these proceedings. There are also laws that
protect the anonymity of children appearing before the court.
[
105] The Youth Court is a specialized
magistrates’ court that is comprised of justices of the peace, with three
normally present for each case.
[
106] The court has a range of different sentences for young
offenders;
[
107] for example,
supervision orders
[
108] that can
have a variety of conditions attached to them or an Action Plan Order, an
intensive, three month long community-based programme.
[
109] More serious custodial methods of
punishment are detention and training orders.
[
110] These orders are normally given to children representing
a “high level of risk [to the public], have a significant offending history or
are persistent offenders and where no other sentence will manage their risks
effectively.”
[
111] They apply for
a minimum period of four months to a maximum period of two years, with half of
the sentence being served in custody and the remainder in the community
supervised by a “youth offending” team.
[
112] Only those offenders over the age of fifteen may be
sentenced to detention in a young offenders’ institution, although this latter
restriction does not apply to children aged ten and over convicted of murder.
[
113]
For very serious offenses, children are prosecuted in the Crown Court. A
practice direction issued by the Lord Chief Justice of England and Wales in
respect to Crown Court prosecutions of children requires that the “trial process
should not itself expose the young defendant to avoidable intimidation,
humiliation or distress. All possible steps should be taken to assist the young
defendant to understand and participate in the proceedings. The ordinary trial
process should so far as necessary be adapted to meet those ends.”
[
114] The Children and Young Persons Act 1933
requires that the welfare of the defendant should be regarded during any
criminal proceedings,
[
115] and the
practice direction requires that breaks be frequently taken, that the formal
court attire of robes and wigs not be worn, and that there be no recognizable
police presence in court without good cause.
[
116] The Crown Court is the only court that is permitted to
follow these rules for sentencing children between ten and eighteen years old
that have committed an offense that is punishable by fourteen or more years’
imprisonment for adult offenders, children that have committed murder, or
certain sexual offenses, may be sentenced for up to the adult maximum for the
same offense.
[
117] The young
offenders are not placed in prisons alongside adults, but can be placed in
secure training centers, secure children’s homes, or young offenders’
institutions.
[
118]
Concluding Remarks
Overall, the legal regime applying to children’s rights in England and Wales
is voluminous and complex, with a large number of Acts providing varying rights
for children. As an industrialized Western nation, children do have relatively
extensive rights regarding both their protection in areas such as the criminal
justice system and their entitlement regarding heath and education
__________________________________-
What are international children’s rights?
Human rights are the basic standards that people need to live in dignity.
All human beings are entitled to enjoy human rights. Human rights exist to make
sure that we are treated properly and fairly, and given the freedom to develop
to our full potential, and to promote our wellbeing.
In addition to the
rights that are available to all people, there are rights that apply only to
children. Children need special rights because of their unique needs – they
need additional protection that adults don’t. The United Nations Convention on
the Rights of the Child is an international document that sets out all of the
rights that children have – a child is defined in the Convention as any person
under the age of 18.
Governments can decide whether they will ratify the
Convention, which means that the government agrees to make sure that all of
these rights are available to children. The Convention on the Rights of the
Child has been ratified by every country in the world, except for the United
States and Somalia.
The UK Government ratified the Convention on 16 December
1991. This means that the Government must make sure that every child in the UK
has the rights that are listed in the Convention. The Government can do this by
passing laws or by taking other action, including making sure that the rights in
the Convention are widely known in the UK.
What rights do children have?
The Convention on the Rights of the Child has 54 articles (sections), and
most of these articles list a different right that children have, and different
responsibilities that the Government, and others, have to make sure that
children have these rights. This includes:
•
Making sure that
children are equal: The Government must make sure that all children
have the rights in the Convention, regardless of their or their parent’s race,
colour, sex, language, religion, political or other opinion, national, ethnic or
social origin, property, disability, birth or other status (article
2).
•
Children’s best interests: The Government must make
sure that your best interests are taken into account when any decision is made
which affects you. All organisations working with children should work in a way
that is best for children (article 3).
•
Parent’s rights and right to
family life: The Government must respect the rights of your parents /
family / carers to raise you, where they are raising you in a way that respects
your rights (article 5). You also have the right to know and be cared for by
your parents (article 5), and the government must make sure that you are not
taken away from your parents against your will, unless this is in your best
interests (it will be in a child’s best interests to be taken away from their
family, for example, where they are being abused at home and are not safe living
there) (articles 8 and 9).
Where you are separated from one or both of your
parents (for example, where your parents have separated), the Government must
make sure that you have contact with the parent you are separated from, unless
this is not in your best interests (for example, where it might cause you harm
to see your parent) (article 9).
For children who have parents living in
different countries, the Government must make sure that you can stay in regular
contact with both parents (article 10).
Parents or guardians have the
responsibility to bring you up, and they should do this in a way that is in your
best interests. The Government must give help to your parents where this is
necessary to help them care for you properly (article 18).
•
Right to
have an identity: The Government must make sure you are registered at
birth (i.e. that you have a birth certificate), and that you have a name and a
nationality and that you know who your parents are (articles 7 and 8). Having
your birth registered is important because it helps you to exercise your other
rights (e.g. to get access to education, housing and other support if you need
it, and will allow you to register to vote).
•
Going
abroad: The Government must make sure that children are not taken out
of the UK illegally (article 11).
•
Having your opinions
heard: You must be given the chance to give your opinion when
decisions are made that affect you, and the Government must make sure that these
opinions are taken into account by the people making the decision (article
12).
•
Freedom of expression and getting information: You
must be able to get and share information with others, as long as this does not
damage others (article 13). The Government must make sure that you can get
information from many sources, like different papers and television and radio
programmes, and must make sure that the media includes programmes and
information that are relevant to children and do not harm you (article
17).
•
Freedom of thought and religion: The Government must
make sure that no one interferes with your opinions and your ability to do
things that you want to do because of your religion, as long as this doesn’t
cause you or anyone else any damage, or interferes with anyone else’s rights.
Your parents are allowed to give you guidance on practicing your religion
(article 14).
•
Freedom to gather together and join
organisations: You must be able to gather together with other people
and to join organisations, as long a this does not cause anyone harm, or
interfere with other people’s rights (article
15).
•
Privacy: The Government must make sure that no one
is able to interfere with your privacy or attack your honour or reputation
(article 16).
•
Protection from violence, exploitation, abuse,
neglect and maltreatment: The Government must make sure you are
protected from any type of physical or mental violence, injury or abuse,
neglect, maltreatment or exploitation, including sexual abuse or exploitation,
while you are living with your parents or in the care of anyone else (article
19). Special procedures must be set up to help you if you have been the victim
of abuse.
•
Health: The Government must make sure you are
able to be as healthy as you can be, and that you are able to get health care
when you need it. You must also be able to get clean water, nutritious food and
live in a healthy environment. The Government must also make sure you can get
information about staying healthy (article 24).
•
Benefits:
The Government must make sure that you and your parents or carers can get
financial help when you need it (article 26).
•
Standard of
living: You have the right to a standard of living that is necessary
for your physical, mental, spiritual, moral and social development. It is your
parents’ responsibility to make sure you have these needs met, but the
Government must help your parents by giving them support if they can’t afford to
do this (article 27).
•
Education: The Government must make
sure you get a good quality education. This includes making sure that primary
and high school is free and available to you, that you can attend school
regularly and that schools don’t discipline you in a way that causes you harm
and only in a way that respects your dignity (article 28). Your education
should make sure you develop to your full potential and learn to respect human
rights, your parents and the values, language and culture of the UK and other
countries (article 29).
•
Rest and leisure: The Government
must make sure you have rest and leisure time, and can be involved in cultural
activities (article 31).
•
Work: The Government must make
sure that you do not do any work that is harmful to you, or that interrupts your
education (article 32).
•
Drugs: The Government must
protect you from using illegal drugs (article 33).
•
Sexual
abuse: The Government must protect you from any form of sexual abuse
(article 34).
•
Abduction: The Government must make sure
you are not abducted, or sold (article 35).
•
Harm to you:
The Government must protect you from coming to any other type of harm or any
actions that are bad for your welfare (article
36).
•
Torture: The Government must make sure that you are
never tortured or never treated in a way that is cruel, inhuman or degrading
(article 37).
•
Detention: The Government must not put you
in detention except where this is a last resort and this must only be for the
shortest amount of time. If you are put in detention after you break the law or
for another reason (if you need mental health treatment, for example), you must
be treated with respect and dignity and should never be locked up with adults.
You must be able to contact your family and get a lawyer to help you (article
37).
•
Joining the army: The Government must not let you
join the army before you turn 15. You should get special protection in war
zones (article 38).
•
Recovery from abuse: If you have been
the victim of abuse, the Government must make sure you are given help to recover
(article 39).
There are also some additional rights for particular groups of
children or for children in special circumstances.
•
Children not
living with their parents: If you are not living with your parents, or
have had to be removed from your parents, the Government must make sure that you
are cared for, and that you are given special assistance and protection (article
20). This can include, for example, making sure there are foster carers
available.
If you are looked after by local authorities (e.g. in foster care)
or put in a special facility to provide you special care or treatment for a
physical or mental health problem, you must have someone review your situation
regularly (article 25).
•
Adoption: If you are going to be
adopted, the Government must make sure that your best interests are the most
important thing taken into account (article 21).
•
Refugee
children: If you have come from abroad and are a refugee, or are
trying to be recognised as a refugee, the Government must give you protection
and support in making sure you have the rights in the Convention, whether you
have come to the UK with a family member or alone. If you have come to the UK
alone, the Government must treat you the same as if you were any other child in
the UK who cannot live with their parents (article 22). This means that the
Government must make sure that you are cared for, and that you are given special
assistance and protection (article 20). This can include, for example, making
sure there are foster carers available.
•
Children with
disabilities: If you have a mental or physical disability, the
Government must make sure that you are able to live a full and decent life and
they must help you to do be able to do things independently, and be involved in
the community. People who care for you must be given support if they need it
(article 23).
•
Children from minority groups: If you are
from an ethnic, religious or linguistic minority group, the Government must make
sure you are able to use the language and culture of your group (article
30).
•
Children who have broken the law: If you have been
accused of breaking the law, the Government must treat you with respect and
dignity. You must be treated as innocent until you have been proved to be
guilty, be told about why you have been arrested straight away, and be able to
get help from your family and a lawyer (article 40).
How does the Government make sure children in the UK have rights?
In 1991, the UK Government agreed to make sure that children have all of the
rights listed in the Convention on the Rights of the Child. The Government
should make laws and do other activities, like educating people about children’s
rights, to make sure that children’s rights are protected.
The Government has
passed a law – the Human Rights Act 1998 – to protect human rights generally,
but have not passed a law specifically on children’s rights. Some of the laws
the Government have passed helps to protect your rights, like laws that say you
must be given special help if you can’t live with your parents, for example, or
laws that make discrimination illegal.
At the moment, the Government is
considering passing a law – the Children’s Rights Bill – that would make sure
that children’s rights are protected in the UK.
_____________________________________
Children Rights
Children's Rights law exists to safeguard children,
their wellbeing and their individual rights. These federal and state policies
and laws were spearheaded by the children’s rights movement which promotes legal
defenses and protections for children by addressing their social welfare;
health, education and special needs; child trafficking; child labor and
exploitation and how the
juvenile
justice system deals with minors.
With regard to child labor, the
Fair Labor Standards Act
(FLSA) protects child laborers, along with other groups. However, because it
was enacted when family farms were much more prevalent, the restrictions on
agricultural work for children were fairly lax, and continue to remain so. Under
general child labor FLSA rules, children under 13 cannot work and children of 14
and 15 years can only work during certain hours for a limited time period. But
children who work in an agricultural setting may do so at the age of 9 years if
they have signed parental consent. Various organizations have urged the U.S.
government to make revisions to the FLSA to address these issues, Human Rights
Watch among them. Most recently, they backed legislation known as the Children’s
Act for Responsible Employment Act (CARE Act) in 2009, which called for
amendments to the FLSA that would, among other things, prohibit minors from
working on farms unless employed by their parents, but it never became law.
The American Civil Liberties Union (ACLU) is well known as the leading
organization supporting the preservation of individual human rights. And
children in the custody of the state are among the groups of people to which the
ACLU extends protection.
On an international level, The United Nations
Convention on the Rights of the Child (CRC) was formed in 1989, and the U.S. and
Somalia are the only two of the now 194 member countries that have failed to
ratify the CRC’s treaty regarding children’s human rights internationally.
Visit us at Google+ Copyright HG.org
Children Rights Law - US
- ABA - Children's Rights Litigation Committee
The Children's Rights Litigation Committee was created by the Section of
Litigation to address the vast underrepresentation of children in all aspects of
the legal system. The Committee endeavors to increase the number of children's
legal projects and pro bono attorneys to represent children, along with
providing training materials and programs in order to assist advocates in
providing the highest quality of representation for children.
- Child Rights Information Network
(CRIN)
The Child Rights Information Network (CRIN) is a global network that
disseminates information about the Convention on the Rights of the Child and
child rights amongst non-governmental organisations (NGOs), United Nations
agencies, inter-governmental organisation (IGOs), educational institutions, and
other child rights experts.
- Children's right to HIV and AIDS treatment
The Global Movement for Children (GMC) is the world-wide movement of
organisations and people - including children - uniting efforts to build a world
fit for children.
- Children's Rights
Children's Rights is a national watchdog organization advocating on behalf of
abused and neglected children in the U.S. Since 1995, the organization has used
legal action and policy initiatives to create lasting improvements in child
protection, foster care and adoption.
- European
Children's Network (EURONET)
The European Children's Network - EURONET - is a coalition of networks and
organisations campaigning for the interests and rights of children (defined in
the 1989 UN Convention on the Rights of the Child as all persons under 18 years
of age). They share a common concern that children's rights should be taken into
account in all EU legislation, policies and programmes which have an impact on
children's rights.
- Human Rights Watch -
Children's Rights Division
The Children's Rights Division monitors human rights abuses against children
around the world and works to end them. We investigate all kinds of human rights
abuses against children: the use of children as soldiers; the worst forms of
child labor; torture of children by police; police violence against street
children; conditions in correctional institutions and orphanages; corporal
punishment in schools; mistreatment of refugee and migrant children; trafficking
of children for labor and prostitution; discrimination in education because of
race, gender, sexual orientation, or HIV/AIDS; and physical and sexual violence
against girls and boys. Children's physical and intellectual immaturity makes
them particularly vulnerable to human rights violations.
- Unicef Convention on the
Rights of the Child
UNICEF’s mission is to advocate for the protection of children’s rights, to
help meet their basic needs and to expand their opportunities to reach their
full potential.
- United Nations
Children's Rights
To highlight the existence of the most egregious violations of international
human rights law and encourage Governments to investigate particular cases, the
United Nations Commission on Human Rights has appointed a Special Rapporteur on
the sale of children, child prostitution and child
pornography.
Children Rights Law - International
- Children RIght and the Law
The papers and comments in this volume are drawn from contributions to a
Workshop on 'Children, Rights and the Law' organized by the Centre for
International and Public Law at the Australian National University. The purpose
of the Workshop was to use the United Nations Convention on the Rights of the
Child as a vehicle for exploring some theoretical and practical problems with
children's rights.
- Children’s Rights: International and National Laws and Practices
Children’s Rights examines sixteen nations, across five continents:
Argentina, Australia, Brazil, Canada, China, France, Germany, Greece, Iran,
Israel, Japan, Lebanon, Mexico, Nicaragua, Russia, and the United Kingdom
(England and Wales). For each nation, the study focuses on the domestic laws and
policies that affect child health and social welfare, education and special
needs, child labor and exploitation, sale and trafficking of children, and
juvenile justice.
- National Association of
Counsel for Children (NACC)
National Association of Counsel for Children (NACC) is a non-profit child
advocacy and professional membership association. The NACC is dedicated to
providing high quality legal representation for children. Our mission is to
improve the lives of children and families through legal advocacy
- National Center for Prosecution of Child Abuse
The National Center for the Prosecution of Child Abuse works to improve the
handling of child abuse cases by providing: Expert training and technical
assistance by experienced attorneys; A clearinghouse on child abuse case law;
Research on substantive child abuse information
- National Court Appointed
Special Advocate (CASA)
The mission of the National Court Appointed Special Advocate (CASA)
Association, together with its state and local members, is to support and
promote court-appointed volunteer advocacy for abused and neglected children so
that they can thrive in safe, permanent homes.
- Recent U.S. Supreme Court Decisions
Child Abuse
- About Child
Abuse
Physical Abuse; Emotional Abuse; Sexual Abuse; Neglect; Shaken Baby Syndrome;
Fetal Alcohol Syndrome
- American Professional Society on
the Abuse of Children
The American Professional Society on the Abuse of Children is a national
organization whose mission is to enhance the ability of professionals to respond
to children and families affected by abuse and violence.
- Child Aabuse Law
Childabuselaw informs visitors about the handling of child abuse allegations
in the legal system. It reports related developments in law, medicine, and
psychology. The site's legal coverage focuses on Washington State, where its
publisher practices law, but includes selected court decisions and statutes from
other states.
- Child Maltreatment
Child maltreatment is the general term used to describe all forms of child
abuse and neglect. There is no one commonly accepted definition of "child abuse
and neglect." The federal government defines child abuse and neglect in the
Child Abuse Prevention and Treatment Act as "the physical and mental injury,
sexual abuse, negligent treatment, or maltreatment of a child under the age of
18 by a person who is responsible for the child’s welfare under circumstances
which indicate that the child’s health or welfare is harmed or
threatened
- Child
protection and abuse prevention information
Sexual Abuse Laws; Internet Crimes Against Children; Archive of Abuse Laws;
Archive of Court Rulings; Child Law Guides & Publications
- End Child Prostitution, Child
Pronography and Trafficking of Children for Sexual Purposes (ECPAT)
Mission: Realisation of the right of all children to live free of child
prostitution, child pornography and child trafficking for sexual
purposes
- National Data Archive
on Child Abuse and Neglect (NDACAN)
National Data Archive on Child Abuse and Neglect (NDACAN) is to facilitate
the secondary analysis of research data relevant to the study of child abuse and
neglect. By making data available to increasing numbers of researchers, NDACAN
seeks to provide an accessible and scientifically productive means for
researchers to explore important issues in the child maltreatment
field.
- National Foundation for
Abused and Neglected Children (NFANC)
National Foundation for Abused and Neglected Children (NFANC) is dedicated to
the prevention of child abuse and neglect. Other activities include improving
the administration of juvenile justice in America. The organization's principal
mission is to enable people to prevent crime and build safer, more caring
communities.
- Reducing Children's Exposure to Violence
Strategies and best practices to reduce exposure of children to violence in
homes and communities provided by the California Attorney General's
Office
- U.S>
Department of Justice - Child Exploitation and Obscenity Section (CEOS)
The mission of the Child Exploitation and Obscenity Section (CEOS) is to
protect the welfare of America’s children and communities by enforcing federal
criminal statutes relating to the exploitation of children and
obscenity.
Articles on HG.org Related to Children Rights Law
- All Civil Rights
Law Related Articles
Articles written by attorneys and experts worldwide discussing legal aspects
related to Civil Rights including: constitutional law, consumer law,
discrimination, human rights, native populations, privacy law, public law and
sexual harassment.
_____________________
Dear Mr Lal,
Thank you for your mail and your interest.
Please do refer to the White paper on "Missing Children" published by us few
years ago. You can download it from this location on our website:
http://www.childlineindia.org.in/publications.htm
Warm
regards
Nishit
--
Nishit
Kumar
Head, Communication &
Strategic Initiatives
CHILDLINE India Foundation Mumbai
Tel:91 22 23881098 extn
125│Fax:91 22 23811098
CHILDLINE 1098 is a national, 24
hour, free, emergency telephone helpline and outreach service for children in need of care and protection currently
operational in 83 cities of India covering 25 States and UTs. Project is
supported by Union Ministry of Women and Child Development linking state
governments, NGOs, bi-lateral/ multi-lateral agencies and
corporates.
_______________________________
Plan to build up national data base of missing
children
NEW DELHI, September 19, 2012
Staff Reporter
The rise in the number of missing children across the country has
now forced the Union Ministry of Women and Child Development (WCD) in developing
a portal named ‘Track Child’. It has asked all State Governments to immediately
upload data – photo and any other available information about the child – living
in various juvenile homes and child shelters. The police have been also asked to
upload information about missing children where first information report has
been lodged.
The WCD with help from the States is planning to build a national
data base on missing children which it claims should become functional by this
year-end.
WCD secretary Prem Narain said: “The number of children who have
gone missing in the past few years have seen a substantial rise and we felt that
there is a requirement for co-ordination between various State governments to
ensure that missing children who are picked up by the police elsewhere and are
sent to various shelters are immediately matched and identified. This portal,
work for which is only 20 per cent complete, will be a one stop point for
police, parents, officials of children homes/shelters to upload information
missing children.”
Mr. Narain added that his Ministry is also holding a meeting soon
with all the stakeholders including the State police and senior officials to
work out the modalities.
“Though the portal is yet to be launched, the co-ordination
between the States and the respective police has ensured that we have been able
to track 1,400 children,” he added.
_________________________________________
India slowly confronts epidemic of missing children
By Simon Denyer, Published: September 23
NEW DELHI — Every six minutes, a child goes missing in India.
They are boys like Irfan, drugged and abducted at the age of 9 by two men on a motorbike as he walked home one day after playing with friends.
Simon Denyer/The Washington Post - Children rescued from a bangle-making factory in New Delhi after a police raid on Sept.5, 2012. More than 90,000 children go missing in India every year, many of them sold into forced labor on farms and in factories.
“It was living hell these past two years, trying to figure out where we could find him,” said his father, Iqbal Ali. “I used to run a biscuit bakery, but from the day he disappeared, I got so caught up trying to meet politicians, police and people who claim to do magic to get children back, that I had to shut down my bakery. I had no time for it.”
More than 90,000 children are officially reported missing every year, according to data compiled and released late last year by leading children’s rights group
Bachpan Bachao Andolan, which showed the problem was far greater than previously thought.
Up to 10 times that number are trafficked, according to the group — boys and girls, most from poor families, torn from their parents, sometimes in return for cash, and forced to beg or work in farms, factories and homes, or sold for sex and marriage.
It is an epidemic that, until a few years ago, remained unreported and largely ignored by the authorities.
But years of tireless work by activists, a few crucial victories in court — and the
shocking discovery of the bones of 17 slain girls and young women around a businessman’s home in a suburb of New Delhi called Nithari in 2006 — have gradually put the issue on the nation’s agenda.
India’s 24-hour news channels have also played a role in highlighting an issue long tolerated by the country’s middle classes. The media frenzy surrounding the Nithari killings was a watershed, reminiscent of the way
the disappearance of Etan Patz in Manhattan in 1979 helped spark the missing-children’s movement in the United States.
In recent weeks, footage from surveillance cameras — a new phenomenon in modern India — has also been repeatedly broadcast on television here, showing infants being brazenly snatched from train stations and hospital lobbies as parents slept nearby.
“A couple of decades ago, there was no understanding of the issue of missing children or trafficking for forced labor — child labor was not even considered a crime,” said Bhuwan Ribhu, an activist for the children’s rights group. “Though things are slowly changing, the biggest issue is the lack of political and administrative will to enforce the law, which is often outside the reach of the common person.”
Irfan suffered perhaps the most common fate — kidnapped to satisfy India’s insatiable demand for cheap, agricultural labor.
In India and many other developing countries, children often work in agriculture. What is only now becoming apparent is the huge trafficking industry that has grown up outside the law.
Irfan’s story, though, has a happy ending. Last month, after more than two years away, he finally made it home to his joyous parents, after climbing on a chair in the shed where he was held and breaking a window with an earthen vase to escape.
“I was supposed to bathe the buffalo, to feed them, to pick up the dung,” he said, describing his life imprisoned in virtual solitary confinement in a room adjoining a buffalo shed outside the town of Mullanpur, some 200 miles northwest of Delhi.
“I was fed just once a day, just leftovers. When I used to shriek and make a fuss, they would tie my hands and feet at night.”
After escaping, Irfan found shelter with another family for several months. Then, last month, as the media furor about missing children reached its peak, he saw photographs of his parents and himself on a TV show.
Only then did he journey back to the New Delhi district of Nangloi, the only address he had in his memory.
“I took the train to Delhi, and a bus to Nangloi,” he said, “but when I arrived it had all changed. Before, there was no overpass, no metro. It looked like a completely different place to me.”
After half an hour of wandering, Irfan says he bumped into a friend, who took him home.
“We were just overwhelmed with happiness,” said his mother, Shabnam. “We went and got new clothes made for all of us. All his old clothes were too small, because he had grown so tall.”
Young laborers
Kidnapping represents just the tip of the iceberg of a vast child-trafficking industry in India. Many young children are sold by their parents or enticed from them with the promise that they will be looked after and be able to send money home. Never registered as missing, many simply lose touch with their parents, working long hours in garment factories or making cheap jewelry.
Globally, trafficking of children for forced labor and sexual exploitation remains a “largely hidden crime,” says the
International Labor Organization, with no reliable data even existing on the scale of the problem.
The organization makes a “conservative estimate” that 5.5 million children around the world are trapped in forced labor, but in India alone the government uses estimates of 5 million to 12 million children forced to work.
On a recent raid with activists and police, 36 children were rescued from a series of tiny rooms where they were making bangles for 10 hours, some for just $4 a month.
One was just 6 years old, the son of a rickshaw puller from the faraway city of Patna, his hair and skin covered in glitter from the work. “They didn’t let me talk to my mother on the phone,” he said.
Last month, the Indian government proposed a blanket ban on the employment of children younger than 14, building on a 2009 law that established a child’s right to education until that age. Activists hailed the proposal, which now needs parliamentary approval, as a major step forward, but warned that enforcement will remain a significant challenge.
The U.S. State Department says India is making “significant efforts” to comply with minimum global standards for the elimination of trafficking, but notes challenges in enforcement and “the alleged complicity of public officials in human trafficking.”
Little help for the missing
The parents of several missing children interviewed in the past month said they had received little or no help from the police, largely, they said, because they were poor.
“The police were very cold. They just kept saying: ‘A lot of kids are missing. What can we do?’ ” said Kunwar Pal, 48, whose son, Ravi, was 12 when he went missing two years ago after going out to ride his bicycle. “Maybe if I had the money to pay a bribe, they would have found my kid.”
Nearly 450,000 cases of children trafficked for labor were reported in the past three years, but prosecutions were launched in just 25,000 of those cases and 3,394 employers were convicted, official figures show.
Twelve years ago, Pal’s wife died in childbirth, their infant daughter succumbing to diarrhea soon after. Now, in his bare one-roomed house, he pines for his favorite son, an obedient, undemanding and studious boy who dreamed of becoming a detective.
“He liked soap operas on TV, one called ‘CID,’ and he used to say he wanted to study and be educated and become a policeman,” said Pal, before breaking down in tears. “I am always expecting a call. ‘Papa, can I come home?’ ”
Rama Lakshmi and Suhasini Raj contributed to this report.
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