National Law
Australian Human Rights Commission Act 1986 (Cth).
National Framework for Protecting Australia’s Children 2009–2020
State Law
Specific laws
Law on abduction and human trafficking of afghanisthan.
Regulation on regulating juveniles rehabilitation centre.
General laws
Constitution of afghanistan: a. 43, a.52.
Articles, conventions, strategy plans
Specific Law for Child Rights
General laws with specific provisions for Child Rights
Article 1 (3) c – Comprehensive health care for mother and child
Article 4 (4)- Health care for students
Law of Criminal Procedure 2001
Article 13: Investigation and trial of offenses committed by juvenile offenders, including girls, shall be conducted in accordance with the relevant laws and regulations.
Chapter X- Employment of Juveniles and women
Specific acts
Principal acts
Criminal Code – 1 Codigo Penal y Leyes Complementarias (6th ed., Editorial Astrea, Buenos Aires, 2007), art. 125, 128
Other relevant acts/legislations
Decree 415/2006 on the Regulation of Law 26061, Apr. 17, 2006, B.O. Apr. 18, 2006
Plan Familia.Planes de Gobierno
Law 25087 on the Amendment of the Criminal Code, Apr. 14, 1999, B.O. May 14, 1999
Child’s code (December 8th 2015)
Relating to the conditions of movement of minors and repression of child trafficking in the Republic of Benin. (April 10th 2006)
Specific acts
Article 11 of the statute guarantees medical assistance to children and adolescents by the Single System of Health and the universal and equal access to actions and services for the promotion, protection and recovery of health. A handicapped child or adolescent is entitled to specialized treatment; it is the duty of the government to provide free medicines, prostheses, or any other means related to medical treatment, habilitation, or rehabilitation for the needy.
The statute determines that the health institutions must provide the necessary conditions for one parent or guardian to the stay at any time when a child or an adolescent is hospitalized. According to the statute, the Single System of Health must promote medical and dental assistance programs for the prevention of illnesses that ordinarily affect the young and campaigns of health education for parents, educators, and students. The statute also requires the vaccination of children, as recommended by public health authorities.
In article 53, it says that children and adolescents have the right to education, with a view to the full development of the person and his preparation for the exercise of citizenship and qualification for work. It also assures equal access to school; the right to be respected by their educators; the right to contest evaluation criteria, with the right to appeal, for higher school entrance; the right to be organized and to participate in student entities; and access to public and free schools near their residences. Moreover, parents and guardians have the right to be informed of the pedagogic process, as well as to participate in the development of educational policy proposals.
Prohibits any work for minors less than fourteen years of age, except as apprentices, and dictates that the protection of the work of adolescents is regulated by special legislation. Article 62 defines apprenticeship as technical-professional education administered according to the directives and on the basis of the education legislation in force. Article 64 lays out the principles to be followed in technical-professional education. The statue also assures labor and social security rights for apprentice adolescents older than fourteen years. and protected work for the handicapped adolescent. In addition, it establishes that the adolescent worker has the right to acquire a profession and protection at work, which must respect the peculiar conditions of a developing person and equip them with adequate professional qualification for the job market.
Prescribes subjecting a child or an adolescent to prostitution or sexual exploitation with up to ten years in prison and a fine. The same punishment is also applied to the owner, manager, or person in charge of a location at which a child or an adolescent is prostituted or sexually exploited.
Principal acts
States that health is a social right and that it is the duty of the family, the society and the State to ensure to children and adolescents, with absolute priority, the right to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, freedom, and family and community life, as well as to guard them from all forms of negligence, discrimination, exploitation, violence, cruelty, and oppression.
Article 229 of the Constitution dictates that it is the duty of the parents to assist, raise, and educate their underage children.
Article 227 of the Constitution further establishes that the State must promote full health assistance programs for children and adolescents, allows the participation of non-governmental entities, and determines that the following precepts must be regarded by the State
It establishes that the right to special protection must include the following aspects:a minimum age of fourteen years for admission to work, with due regard to the provisions of article 7, XXXIII of the Constitution that prohibits night, dangerous, or unhealthy work for minors under eighteen years of age as well as any work for minors under fourteen years of age, except as an apprentice; a guarantee of social security and labor rights;a guarantee of access to school for the adolescent worker; a guarantee of full and formal knowledge of the determination of an offense, equal rights in the procedural relationships, and technical defense by a qualified professional, in accordance with the provisions of the specific protection legislation; compliance with the principles of brevity, exceptionality, and respect for the peculiar conditions of the developing person, when applying any measures that restrain freedom; government fostering, by means of legal assistance, of tax incentives and subsidies, as provided by law, for the protection, through guardianship, of orphaned or abandoned children or adolescents; prevention and specialized assistance programs for children and adolescents addicted to narcotics or related drugs.
It mandates that the law must severely punish abuse, violence, and sexual exploitation of children and adolescents; and defines that adoption must be assisted by the Government, as provided by law, which must establish cases and conditions for adoption by foreigners. Paragraph 6 decrees that children born inside or outside wedlock or who have been adopted must have the same rights and qualifications and that any discriminatory designation of their filiation is forbidden.
Article 7 of the statute proclaims that the child and the adolescent have the right to protection of life and health through the implementation of social public policies that enable satisfactory conditions for births and for the health and harmonious development of children.
Article 208 determines that the government’s duty to provide education must be fulfilled by ensuring the following: mandatory and free elementary education, including the assurance of its free offer to all those who did not have access to it at the proper age; progressive promotion of access to free high school education throughout the country; specialized schooling for the handicapped, preferably in the regular school system; assistance to children up to the age of six in day-care centers and preschools; access to higher levels of education, and opportunities for research and artistic creation according to individual capacity; provision of regular night courses to meet the needs of the student; assistance to elementary school students through supplementary programs providing school material, transportation, food, and health assistance.
Determines that minority ceases at the completion of eighteen years of age, when the person is then fully capable of practicing all acts of civil life. Paragraph 1 of article 5 further establishes that the minor’s incapacity may also cease by the concession of the parents, or one of them in the absence of the other, through a public instrument, independently of judicial sanction or judicial decision of a sixteen year-old minor by marriage effective exercise of public employment; graduation from an institution of higher education; commercial or civil establishment, or the existence of employment relation, that provides a sixteen year-old minor with economic support.
Minors under eighteen years of age are not criminally chargeable and are subject to the rules established in special legislation
It is a crime to benefit or profit from the prostitution of a third party, which is punished with up to four years in prison and a fine, and if the victim is older than fourteen and less than eighteen years of age, or if the perpetrator is the victim’s ancestor, descendant, spouse, partner, sibling, tutor, guardian, or a person responsible for the minor’s education, treatment, or custody, the punishment is increased to up to six years in prison and a fine. If violence or a serious threat is used, the punishment increases to up to eight years and a fine, plus the corresponding punishment for the violent acts
Article 231 of the Penal Code can also be applied to punish, with up to eight years in prison and a fine, whoever promotes, intermediates, or facilitates the entrance, in Brazilian territory, of a person coming to the country to exercise prostitution or the departure of a person to exercise prostitution abroad. If the victim is older than fourteen and less than eighteen years of age, or if the perpetrator is the victim’s ancestor, descendant, spouse, partner, sibling, tutor, or guardian, or a person responsible for the minor’s education, treatment, or custody, the punishment is increased to up to ten years in prison and a fine. If violence or a serious threat is used, the punishment increases to up to twelve years and a fine, plus the corresponding punishment for the violent acts.
Additionally, giving an offspring less than eighteen years of age to a person in whose company, the parent knows or should know, that the minor is morally or materially in danger is punished with up to two years in prison. If the perpetrator carries out the offense to obtain profit or if the minor is sent abroad, the punishment is increased to up to four years in prison. Assisting in the sending of a minor abroad for profit is also punished with up to four years in prison, even if there is no moral or material danger.
The status of child and adolescents (No 50-8/2013)
- Replaced the Young Offenders Act
- Governs the youth justice system for young people aged 12-17
Child protection is legislated by province / territory
- Alberta
Child, Youth and Family Enhancement Act 2004.
- British Columbia
Child, Family and Community Service Act 2000.
- Manitoba
Child and Family Services Act 1985. / Child and Family Services Authorities Act 2003.
- New Brunswick
The Family Services Act 1980.
- Newfoundland and Labrador
Children and Youth Care and Protection Act 2011.
- Northwest Territories
Child and Family Services Act 1998.
- Nova Scotia
Children and Family Services Act 1990.
- Nunavut
Child and Family Services Act 1998.
- Ontario
Child, Youth and Family Services Act replaced the Child and Family Services Act in 2018.
- Prince Edward Island
Child Protection Act 1988.
- Quebec
Youth Protection Act 1984.
- Saskatchewan
Child and Family Services Act 1990.
- Yukon
Child and Family Services Act 2010.
No dedicated law for children
Law of the People’s Republic of China on the Protection of Minors
Law of the People’s Republic of China on Prevention of Juvenile Delinquency
Compulsory Education Law of the People’s Republic of China
Adoption Law of the People’s Republic of China (1998 Amendment)
Constitution of the People’s Republic of China
——Chapter Two the Fundamental Rights and Duties of Citizens
Marriage Law of the People’s Republic of China
——Chapter Three Family Relations
Criminal Law of the People’s Republic of China
——Article 244，260，261，262，301，347，353，358，364
Provisions on the Administration of Programs for Minors
Provisions on the Cyber Protection of Children’s Personal Information
Specific laws for Child Rights
- Act on family of the Czech Republic（No. 94/1963 Sb.）
- Act on Higher Education Institutions including amendments to some other acts (the Higher Education Act) (No. 111/1998 Coll.)
- Social and Legal protection of Children Act (No. 359/1999 Coll.)
- Act on the exercise of Institutional Education and Protective Care in School Facilities and on Preventive Educational Care in School Facilities (No.109/2002 Coll.)
- Act on juvenile courts (No. 218/2003 Coll.)
- Act on Pre-primary, Basic, Secondary, Tertiary Professional and Other Education (the Education Act) (No.561/2004 Coll.)
- Act on Providing Care of Children in a Children´s Group (No.105/2004 Coll.)
- Decree on Pre-primary Education (No.4/2005 Coll.)
- Decree on Basic Education and some Requirements for Compulsory School Attendance(No.48/2005 Coll.)
General laws with specific provisions for children
- Act on Civil Procedure Code, as amended (No. 99/1963 Coll.)
- Civil Code, as amended (No. 40/1964 Coll.)
- the Czech Republic Charter of Fundamental Rights and Freedoms (No. 2/1993 Coll.)
– Article 3
Fundamental human rights and freedoms are guaranteed to everybody irrespective of sex, race, color of skin, language, faith, religion, political or other conviction, ethnic or social origin, membership in a national or ethnic minority, property, birth, or other status.
– Article 7
No one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
– Article 24
The national or ethnic identity of any individual shall not be used to his or her detriment.
– Section 168 Trafficking in Human Beings
(1) Whoever forces, procures, hires, incites, entices, transports, conceals, detains, or consigns a child to be used by another for
a) sexual intercourse or other forms of sexual abuse or harassment, or for production of pornographic works,
b) extraction of tissue, cell, or organs from his/her body,
c) service in the armed forces,
d) slavery or servitude, or
e) forced labour or other forms of exploitation, or who profits on such a conduct, shall be sentenced to imprisonment for two to ten years.
– Section 169 Entrusting a Child to Another Person
1) Whoever entrusts for a consideration a child to another person for the purpose of adoption or for another similar purpose, shall be sentenced to imprisonment for up to three years or to prohibition of activity.
– Section 190 Prostitution Threatening Moral Development of Children
(1) Whoever practises prostitution near a school, educational or other similar facility or location which is reserved or designated for the residence or visiting of children, shall be sentenced to imprisonment for up to two years.
(2) Whoever organises, guards, or provides prostitution near a school, educational or other similar facility or location which is reserved or designated for the residence or visiting of children by any other means, shall be sentenced to imprisonment for up to three years, to prohibition of activity or to confiscation of a thing or other asset value.
– Section 193 Abuse of a Child for Production of Pornography
(1) Whoever handles photographic, film, computer, electronic or other pornographic works, displaying or otherwise using a child or a person that appears to be a child, shall be sentenced to imprisonment for up to two years.
(2) Whoever produces, imports, exports, transports, offers, makes publicly available, provides, puts into circulation, sells or otherwise procures photographic, film, computer, electronic or other pornographic works that display or otherwise use a child or a person that appears to be a child, or whoever exploits such pornographic works, shall be sentenced to imprisonment for six months to three years, to prohibition of activity or to confiscation of a thing or other asset value.
(3) An offender shall be sentenced to imprisonment for two to six years or to confiscation of property, if he/she commits the act referred to in Sub-section (2)
a) as a member of an organised group,
b) by press, film, radio, television, publicly accessible computer network, or in other similarly effective way, or
c) with the intention to gain substantial profit for him-/herself or for another.
(4) An offender shall be sentenced to imprisonment for three to eight years or to
confiscation of property, if he/she commits the act referred to in Sub-section (2)
a) as a member of an organised group operating in more states, or
b) with the intention to gain extensive profit for him-/herself or for another.
– Chapter IV Crimes Against Family And Children (Section 194 to Section 204)
Other relative acts/legislations
- Act on state social support, as amended (No. 117/1995 Coll.)
- Residence of Aliens in the Czech Republic and amending certain Acts (No.326/1999 Coll.)
- Act on temporary protection (No. 221/2003 Coll.)
- Act on social services, as amended (No. 108/2006 Coll.)
- Act on subsistence minimum, as amended (No. 110/2006 Coll.)
- Act on Assistance in Material Need (No.111/2006 Coll.)
- The Labour Code (No. 262/2006 Coll.)
- Act on measures aimed at protection against harm caused by tobacco products, alcohol and other addictive substances and amendments to related acts (No. 379/2005 Coll.)
Specific laws for Child Rights
Prevention of Delinquency 2007
It is expressly prohibited to employ minors under the age of eighteen in the preparation, handling, or sale of written material, posters, drawings, and other materials whose sale, supply, exhibit, display, or distribution are contrary to public morality and constitute a criminal offense. Employing young people under the age of eighteen in certain dangerous jobs is also prohibited.
As for the employment of children under school-leaving age in the entertainment industry, they may not be employed by fixed or itinerant entertainment companies or in radio or television unless they have received an authorization in advance from the competent administrative authority. Written authorization from the child’s legal representative must be attached to the employer’s application for authorization.
Agencies wishing to employ child models must also apply in advance for an authorization from the competent administrative authority, unless the agency has been approved and granted a general license for hiring child models. A decree has set forth the conditions under which approval is granted and the maximum amount of time the child may work per day and per week.
As a general rule, minors under eighteen cannot work more than seven hours a day and thirty-five hours a week. In addition, those over the age of sixteen may not work between the hours of 10:00 pm and 6:00 am; minors under sixteen may not work between 8:00 pm and 6:00 am. Laws prohibiting child employment are strictly enforced through periodic checks by labor inspectors who have the authority to take employers to court for non-compliance with labor laws.
France recruits only volunteers aged at least 17 who have been informed of the rights and duties involved in military service and that the enlistment of recruits under the age of 18 is valid only with the consent of their legal representatives.
General laws with provisions for Child Rights
Children under the age of six are evaluated by team of pediatricians, nurses, psychologists, and social workers in theCentres deProtection Maternelle et Infantile.A decree provides for a number of mandatory medical visits: nine during the first year, one of them to take place within eight days of birth, one during the ninth or tenth month, three between the thirteenth month and the twenty-fifth month, and finally two for each of the next four year. When parents fail to bring their children in for regular checkups, social workers are dispatched to the family home.
After the age of six, children’s health is monitored by school health services. Mandatory physical and psychological checkups take place when the children are ages six, nine, twelve, and fifteen. In addition to monitoring children’s health, schools also have the responsibility to educate children on health issues including, for example, nutrition, sexual education, and addictions (drugs, alcohol, & tobacco).
Minors, where they are of sufficient maturity, must be informed of their medical treatment and participate in the decision-making process. The consent of the parents or legal guardian is also necessary. When a minor refuses a medical treatment that would save his life, however, the juvenile justice judge may enter an order to force him to undergo the treatment.
Minors have access to contraceptives without the consent of their parents. Family planning centers are authorized to deliver to minors anonymously and at no cost certain medicines or contraceptives. A minor may request an abortion without parental consent. In such a case, she must be accompanied by an adult of her choice.
France has a dual system of child welfare. Social welfare is the responsibility of the local authorities (social services, early childhood health services, and child protection services), while judicial juvenile protection is the responsibility of the central government.
Benefits are paid for dependent child until the age of sixteen, when the period of compulsory schooling ends. They are extended until the age of twenty for children who do not work or whose income does not exceed fifty-five percent of the statutory minimum wage.
The Constitution proclaims that the nation guarantees equal access of children and adults to education, vocational training, and culture. Public schooling is provided free through the age of eighteen, and education is compulsory for children between the ages of six and sixteen
Promoting Equal Rights and Opportunities, Participation, and Citizenship for Disabled Persons, 2005 proclaims the right to education of disabled children and the responsibility of the state to ensure them an uninterrupted education. Children with special educational needs are educated in mainstream classes alongside with their peers wherever possible, to better prepare them to participate in society. They are schooled in special classes within mainstream schools or part-time or full-time in special schools when it is not possible to educate them in mainstream schools.
Rape: The penalty is increased from fifteen years’ imprisonment to twenty years in cases where the rape is committed on a minor under the age of fifteen
Sexual assault: It consists of any sexual infringement committed with violence, constraint, threat, or surprise. The penalty is increased from five years’ imprisonment and a €75,000 (about U.S. $102,750) fine to seven years’ imprisonment and a €100,000 (about U.S. $137,000) fine when committed on a minor less than fifteen years of age
Indecent assault: Performing without violence, constraint, threat, or surprise, a sexual assault on the person of a minor less than fifteen years old is punishable by five years’ imprisonment and a fine of €75,000. This offense is punishable by ten years’ imprisonment and a €150,000 fine when committed by an ascendant relative, by any person having authority over the victim, or when the minor has been put in contact with the perpetrators of the act by the use of a telecommunication network for the dissemination of messages intended for the general public. Indecent assault performed on a minor over fifteen years old is punishable by two years’ imprisonment and a €300,000 fine when committed by an ascendant relative or by any person having authority over the victim.
Corruption of a minor: Encouraging or attempting to encourage the corruption of a minor is punishable by five years of imprisonment and a €75,000 fine. These penalties are raised to seven years’ imprisonment and a fine of €100,000 when the minor is less than fifteen years old; when the minor has been put in contact with the perpetrators of the act by the use of a telecommunication network for the dissemination of messages intended for the general public, or when the conduct occurs inside a scholastic or educational establishment or, at a time when students are entering or leaving, in the vicinity of such an establishment.
The Penal Code contains provisions on trafficking of person kidnapping, concealment and confinement of children, and the substitution of one child for another.
Taking, recording, or transmitting a picture or representation of a minor with a view to circulating it, where that image or representation has a pornographic character, is punished with five years’ imprisonment and a fine of €75,000. The same penalty applies to offering or distributing such a picture or representation by any means, and to importing or exporting it, or causing it to be imported or exported.
Determination of nationality of children
Adoption policies
Consequences of divorce for children
Provisions related to parentage
Educational assistance for children
Juvenile justice system
Minority, Guardianship and Emancipation
Inheritance
The Children Act (2005)
Specific Laws for Child Rights
Briefing on the German Child Protection System
-Obligation to maintain: Section1601-1615
-Special provisions for the child and its parents who are not married to each other: Section1615a-n
-Legal relationship between the parents and the child in general: Section1616-1625
-Parental custody: Section1626-1630
-Adoption of minors: Section1714-1766
Chapter13Sexual abuse of children: Section176 a-b
Media,Post,Information and Data Statutes
Protection of Young Persons
-Act regulate the dissemination of writings and media contents harmful to young persons
-Youth Protection Act
-Guidelines issued by the Land Media Institutes on ensuring protection for young persons
Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction
Part 3 Proceedings in Parent and Child Matters
-Section157: Discussion of Endangerment to the Best Interests of the Child; Interlocutory Order
-Section158: Guardian ad litem for Minors (Verfahrensbeistand)
-Section159: In-person hearing of the child
Adoption Placement Act (Adoptionsvermittlungsgesetz-AdVermiG)
-Section10: Information of the central adoption office of the Land youth welfare office
-Section11: Task of the central adoption office of the Land youth welfare office
-Scetion12: Investigations in case of children in institutions
Act to Promote Youth Voluntary Services
Summary
According to the German laws and regulations on the protection of children and adolescents collected above, it is summarized as follows:
As a civil law country, Germany is famous for its rigor and foresight. In the field of the protection of the rights of children and adolescents, Germany has made corresponding provisions through six parts: the Civil Code, the Criminal Code，Media、Post、Information and Data Statutes, Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction, Adoption Placement Act ,Youth Courts Act and like this.
The first bright spot and worthy of reference is: The German criminal law chapter13, Section 176 (Sexual abuse of children), paragraph 4: influences a child by showing pornographic images or depictions, by playing pornographic audio recordings, making pornographic content available by way of information and communication technologies or pornographic speech, punishable by a penalty of imprisonment for a term of between three months and five years. The behavior sanctioned by this regulation is also a social phenomenon in reality (such as the “N” room incident in South Korea) and one of the hot issues of international child protection: online sexual seduction of children. That is to say, different countries have certain differences in the identification of this act. Germany considers this act as sexual abuse. Germany’s practice in this respect is worth learning and drawing lessons from all countries.
The second bright spot is the special chapter in Germany’s media, postal, information and data laws that provides protection for young people. Media consumption, especially the short video and online games becoming more diverse, means that is likely to be for teenagers and children’s intellectual and moral have a negative impact, therefore, our country and even each country shall be for the media (particularly the Internet), mobile applications and information such as book publishing media to conduct a comprehensive and moderately, to better protect the rights of teenagers.
The third highlight is that the protection of adolescents in Germany is not limited to traditional legal departments such as Civil law and Criminal law, but also has made more comprehensive provisions in the fields of voluntary service and adoption.
It is the duty-bound obligation of every country and every citizen to actively promote and advocate the attention and protection to the physical and mental health of children and adolescents, creating a good environment conducive to the growth of children, and improve the corresponding laws and regulations
The children’s act, 1998 (act 560)
Juvenile justice act, 2003 (act 653)
Specific acts
The Sindh Prohibition of Employment of Children Act, 2017.
The Punjab Prohibition of Child Labour at Brick Kilns Act 2016
The Punjab Destitute and Neglected Children Act 2004
The Khyber Pakhtunkwha Child Protection and Welfare Act, 2010.
The Sindh Child Protection Authority Act, 2011
The National Commission on the Rights of Child Act, 2017 (Act No.XXXII of 2017)
Principal acts
Constitution of Pakistan: article 3, article 11(3), article 25 A, article 37 (e).
Pakistan Penal Code: section 328.
Prevention of Trafficking in Persons Act, 2018.
Other relevant acts/legislations
Specific laws related to Child Rights
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Amendment in 2016)
Juvenile Justice (Care and Protection of Children) Act (Amendment, 2006)
Protection of Children from Sexual Offences Act, 2012
Prohibition of Child Marriage Act, 2006
The Right of Children to Free and Compulsory Education Act, 2009
The Pre- Conception & Pre- Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2002
General laws with specific provisions for children
Constitutional Provisions :
Preamble Commitment: Justice, liberty, equality, & fraternity for all the citizens including children are the main purpose of the Constitution.
Article 14: Equality before law & equal protection of laws. It is available to every person including children.
Article 15 (3): empowers the State to make special legal provision for children. It makes mandate to the government to ensure children’s welfare constitutionally.
Article 21: it mandates free & compulsory education for all the children in the age group of 6- 14 yrs.
Article 23: puts total ban on forced labour & is punishable under the Act.
Article 24: prohibits employment of children in hazardous factories below the age of 14yrs.; e.g.: mines, match industries etc.
Article 51 A clause (k) & (j): the parent or the guardian to provide opportunities for education to his child or as case may be ward between the age of 6- 14 yrs.
Directive principles in Constitution of India also provide protection for the children such as:
Article 39 (e)- the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
Article 39 (f)- that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 45- The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
Section 82 -Nothing is an offence which is done by a child under seven years of age
Section 83 -Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion
Section 89 -Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offense by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person.
Section 317- Whoever being the father or mother of a child under the age of twelve years, having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years; or with fine, or with both.
Section 361- Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Section 363A- (1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.
(3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging.
Section 366A- Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
Section 372- Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.
Section 373-of the above legislation states that whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 30(i) -liabilities of a minor who is entitled to the benefits of a partnership. Sub-section (1)[ii] the minor cannot in any case be a full-fledged partner in a partnership, but can only be admitted to the benefits of a partnership by consent of all the partners. Further, the section talks about the position of minor vis-à-vis the partnership post attainment of majority. Furthermore, the said section also deals with the extent to which a minor can be made liable with regard to “acts of the firm”
Under sub-section (6), the burden of proving that the minor did not have knowledge that he was in fact entitled to the benefits of partnership rests with the party asserting the same. If the person asserting so is the minor himself, then he would have the onus to prove the same in accordance with Section 106 [l] and if it is someone else then Section 101 [li] and Section 103 [lii] will throw the onus on him.
Under sub-section (7), clause (a), the minor, who has either chosen to continue as a full-fledged partner post attainment of majority or fails to signify his will to repudiate under sub-section (5), becomes a full-fledged partner and such a minor can be held liable for not only the debts incurred by the partnership after his becoming a partner, but also the ones which had been incurred ever since he was entitled to benefits of the partnership
Other laws with Child Rights provisions
Persons with Disabilities Act, 1995
Chapter V- According to chapter V, children with disabilities should be provided free education by the appropriate government. The government must take steps to integrate children with disabilities into regular schools, but also make space for special schools that cater expressly to the needs of these children. In addition to the basic education schools, government are also required to make non-formal education programmes for children with disabilities that help attain literacy, rejoin school, impart vocational training, and provide them with free books and educational material. Teachers need to be specially trained to educate and see to the needs of children with disabilities. The government must also set up schemes that provide children with disabilities grant and scholarships and also provide funds for making buildings disabled friendly. Educational institutions are also required to provide visually challenged students with aids who will write for them.
Transplantation of Human Organs Act, 1994
The Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960
Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989
The Immoral Traffic (Prevention) Act, 1956
Specific laws related to Child Rights
- Child Welfare Act (Act No. 164 of December 12, 1947)
- Maternal Health Act (Act No. 156 of July 13, 1948)
- Juvenile Act (Act No. 168 of July 15, 1948)
- Juvenile Court Act (Act No.169 of July 15, 1948)
- 社会教育法（昭和24年年（1948年年）6⽉月10⽇日法律律第207号）
- Public Assistance Act (Act No. 144 of May 4, 1950)
- 義務教育費国庫負担法(昭和27年年（1952年年）8⽉月8⽇日法律律第303号)
- 特別⽀支援学校への就学奨励に関する法律律（昭和29年年（1954年年）6⽉月1⽇日法律律第144号）
- 学校給⻝⾷食法（昭和29年年（1954年年）6⽉月3⽇日法律律第160号)
- 就学困難な児童及び⽣生徒に係る就学奨励についての国の援助に関する法律（昭和31年（1956年）3月30日法律第40号）
- 特別⽀支援学校の幼稚部及び⾼高等部における学校給⻝⾷食に関する法律（昭和32年(1957年）5月20日法律第118号）
- 児童扶養⼿手当法（昭和36年(1961年年）11月29日法律第238号）
- 特別児童扶養⼿手当等の⽀支給に関する法律律（昭和39年年(1964年年）7⽉月2⽇日法律律第134号）
- ⺟母⼦子保健法（昭和40年年(1965年年）8⽉月18⽇日法律律第141号）
- 児童⼿手当法（昭和46年年(1971年年）5⽉月27⽇日法律律第73号）
- 少年年の保護事件に係る補償に関する法律律（平成4年年（1992年年）6⽉月26⽇日法律律第84号）
- 児童買春、児童ポルノに係る⾏行行為等の規制及び処罰並びに児童の保護等に関する法律（平成11年年(1999年年)5⽉月26⽇日法律律第52号）
- Act on the Prevention, etc. of Child Abuse（Act No. 82 of May 24, 2000）
- Act on the Prevention of Spousal Violence and the Protection of Victims (Act No. 31 of April 13, 2001)
- ⼦子どもの読書活動の推進に関する法律律（平成13年年（2001年年）12⽉月12⽇日法律律第154号）
- インターネット異異性紹介事業を利利⽤用して児童を誘引する⾏行行為の規制等に関する法律律（平成15年年（2003年年）6⽉月13⽇日法律律第83号）
- 次世代育成⽀支援対策推進法（平成15年年（2003年年）7⽉月16⽇日法律律第120号）
- ⺟母⼦子家庭の⺟母の就業の⽀支援に関する特別措置法（平成15年年（2003年年）7⽉月24⽇日法律律第126号）
- 少⼦子化社会対策基本法（平成15年年（2003年年）7⽉月30⽇日法律律第133号）
- Basic Act on Education （Act No. 120 of December 22, 2006）
General laws with specific provisions for children
– Article 23 Academic freedom is guaranteed.
– Article 24 Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
– With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.
– Article 25 All people shall have the right to maintain the minimum standards of wholesome and cultured living.
– In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
– Article 26 All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
– All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.
– Article 27 All people shall have the right and the obligation to work. Standards for wages, hours, rest and other working conditions shall be fixed by law. Children shall not be exploited.
- Civil Code of Japan (Act No. 89 of April 27, 1896)
- (Part I II III); (Part IV and Part V)
– Article 711 A person that has taken the life of another must compensate for loss or damage to the father, mother, spouse, and children of the victim, even if the property rights of the same have not been infringed.
– Article 721 An unborn child is deemed to have been already born with respect to the claim for compensation for loss or damage. (Method of Compensation for Loss or Damage, Deduction of Interim Interest, and Comparative Negligence)
– Article 820 A person who exercises parental authority holds the right, and bears the duty, to care for and educate the child for the child’s interests. (Determination of Residence)
– Chapter 33 Crimes of Kidnapping, Abduction and Human Trafficking （Article 224 to Article 229)
Other relevant acts/legislations
- Labour Standards Act (Act No. 49 of 7 April,1947)
- Family Register Act (Act No. 224 of December 22, 1947)
- Immunization Act (Act No. 68 of June 30, 1948)
- Nationality Act (Act No.147 of May 4,1950)
- Basic Act on Disaster Countermeasures (Act No. 223 of November 15, 1961)
- Basic Act for Persons with Disabilities (Act No. 84 of May 21, 1970)
- Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Act No. 76 of May 15, 1991)
Children’s law of Liberia
Specific acts
Protection from domestic violence act, 1997.
The computer misuse and cyber crime act, 2003.
Ombudsman for children act, 2005.
National children’s council act, 2003.
General acts
Civil service family protection scheme act.
Divorce and judicial separation act.
Dangerous chemical controls act.
Other related acts, international covenants, conventions and articles
Article 4 he Mexican Constitution provides that every person has the right to health protection. Furthermore, the Constitution provides that children have the right to satisfy their nutritional, health, educational, and recreational needs.
Article 3 of the Mexican Constitution provides that every individual has the right to education. The State – federation, states, Federal District, and municipalities – shall provide preschool, primary, and secondary education. Preschool, primary, and secondary education through grade 9, constitute the basic compulsory education
Article 123 C -The Mexican Constitution provides that the State has the duty to promote respect for the dignity of all children and the full exercise of their rights. It also provides that the use of labor of minors under fourteen years of age is prohibited. Persons above that age and less than sixteen shall have a maximum work day of six hours.
Article 27- General Law on Health (GLH) sets forth the objectives of the right to health protection as well as the objectives of the National Health System.[1]15″ id=”t15″>[15] The GLH provides that basic health services are classified under the following categories: 1) health education and the promotion of sanitation; 2) prevention and control of priority communicable diseases, the most frequent non-communicable diseases, and accidents; 3) medical care, including preventive measures, rehabilitation, and emergency treatment; 4) maternal and child care; 5) family planning; 6) mental health care; 7) the prevention and control of oral diseases; 8) the availability of medicaments and other essential supplies; 9) promotion of improved nutrition; and 10) social welfare for at-risk groups.
Article 61- The provisions in chapter 5 of the GLH prioritize and define maternal and child care and call for the protection of minors, activities to support families and contribute to maternal and child health, appropriate standards of school hygiene, and health services for schoolchildren. Health care for children includes pre- and post-natal care, nutrition advice, immunization, and eye and ear care
Law on the Protection of the Rights of Children and Adolescents
The Law on the Protection of the Rights of Children and Adolescents provides that teachers must avoid any form of harm, injury, aggression, abuse, or exploitation of children or adolescents.
Article 175- The Federal Labor Law provides that children under sixteen may not engage in unhealthy or hazardous work or in industrial night work.
Article 176- Unhealthy or hazardous occupations are those which, by the nature of the work; by the physical, chemical, or biological conditions of the environment in which it is conducted; or by the composition of the raw material used, may be detrimental to the life, development and physical and mental health of children.
Article 174- Children between the ages of fourteen and sixteen must obtain a medical certificate indicating their fitness to work.
Without the certificate, no employer may lawfully employ them.
Working children will be subject to periodical medical examinations conducted by labor authorities.
Law on the Protection of the Rights of Children and Adolescents
Article 21- The Law on the Protection of the Rights of Children and Adolescents recognizes the right of children and young persons to be protected against any acts or omissions affecting their physical or mental health, their normal development, or their right to education, including neglect; negligent treatment; abandonment; emotional, physical, or sexual abuse; exploitation; the use of drugs and narcotics; abduction; and trafficking.
Article 11- This law also provides that mothers, fathers, and anyone having custody of children must protect them against any form of ill treatment, prejudice, harm, aggression, abuse, trafficking, and exploitation.
Federal Criminal Code and the Federal Law on Organized Crime provide that corruption of minors, child prostitution, and child pornography are felonies
Federal Law for the Treatment of Juvenile Offenders
Article 6- The Federal Law for the Treatment of Juvenile Offenders provides that children between eleven and eighteen years of age are subject to special courts for juvenile offenders.
Article 4- Juveniles are assisted by Guardianship Councils, which are responsible for the care and protection of juvenile defendants.
Article 3- Children that are accused of committing an infraction must be treated fairly and humanely.
Ill treatment, incommunicado detention, psychological coercion or any other action impairing the child’s dignity or physical or mental integrity during legal proceedings are prohibited.
Law on the Protection of the Rights of Children and Adolescents
Article44- The Law on the Protection of the Rights of Children and Adolescents provides that children shall be protected against any act that violates their constitutional guarantees or the rights recognized by law or by international treaties subscribed to by Mexico.
Article 46- This law also provides guarantees for children accused of having infringed criminal laws, including a presumption of innocence, prompt notification of any charges, prohibition of self incrimination, and prompt trial.
Article 45 (g)- Minors who are found responsible of committing an infraction may be subject to a wide variety of measures, including:
Counseling
Educational and vocational training programs, and other rehabilitating measures.
Warning
Admonition
Prohibition to go to certain places
Prohibition to drive motor vehicles
Placement in custodial homes
Confinement in educational institution
Art 29- Right against Exploitation-((3). No person shall be subjected to human trafficking or bonded labor, and such an act shall be punishable by law. • Prohibition of slavery ((4). No person shall be subjected to forced labor
Art 31 Right to Education Every citizen shall have the right to access to basic education. ((2). Every citizen shall have the right to compulsory and free basic education, and free education up to the secondary level. ((3). The physically impaired and citizens who are financially poor shall have the right to free higher education as provided for in law. ((4). The visually impaired person shall have the right to free education with the medium of brail script.
Art 35- Right to Healthcare
Art 36- Right to food
Art 39 Rights of Children- ((3). No person shall be subjected to human trafficking or bonded labor, and such an act shall be punishable by law. • Prohibition of slavery ((4). No person shall be subjected to forced labor; ((5). No child shall be subjected to child marriage, illegal trafficking, kidnapping, or being held hostage. ((6). No child shall be subjected to recruitment or any kind of use in the army, police or armed groups, neglected, or used immorally, or abused physically, mentally, or sexually, or exploited through any other means, in the name of religious or cultural practices. ((7). No child shall be subjected to physical, mental, or any other forms of torture at home, in school, or in any other places or situations. ((8). Every child shall have the right to child friendly justice. • Privileges for juveniles in criminal process ((9). Children who are helpless, orphaned, physically impaired, victims of conflict and vulnerable, shall have the right to special protection and facilities from the State. • State support for children • Protection of victim’s rights ((10). Any act contrary to Clause (4), (5), (6) and (7) shall be punishable by law, and children who have suffered from such an act shall have the right to be compensated by the perpetrator as provided for in law.
Right to life: (1) Every child shall have the right to live with dignity. (2) The Government of Nepal, state governments and local level shall take necessary preventive and protection measures, including prevention of accidents that may occur against children and mitigation of risks, in order to safeguard children’s rights to life and development.
Right to name, nationality and identity: (1) Every child shall have the right to a name, along with identity, and birth registration. (2) Every father or mother shall register, with a name, the births of their children under a prevailing law. (3) If the mother of a child born out of rape or an incestuous relationship that is punishable under a prevailing law desires, the birth of such a child shall be registered with only her name. (4) While giving a name as per Subsection (2), if the father or the mother is not immediately available, or if there is no possibility of them being present, such children shall receive a name given by another family member or a guardian taking her/his care. (5) Every child shall be entitled to use the surname consensually given by her/his parents, or if such consent cannot be reached, her/his father’s surname. (6) Notwithstanding what is contained in Subsection (5), children are entitled to use the surnames of either, or both, of their parents. (7) A child whose father’s identity is unknown may use her/his mother’s surname. (8) In case a dispute arises over the surname of a child, then she/he shall be deemed to have used her/his father’s surname unless otherwise proved. (9) Children both of whose parents are unknown may use the surname given by their guardians. (10) While giving a surname as per Subsection (9), the guardian shall inform the child welfare authority concerned. (11) If the names of the father, mother and grandfather, grandmother of a child whose father’s identity is unknown have to be recorded in an official legal proceedings or deed pursuant to a law, she/he may write her/his mother’s name and the names of mother’s father and mother and, in case the mother’s name is also unknown, her/him stating such fact would be sufficient. (12) Mother, father or guardian shall not alter the name or surname by concealing the child’s identity with the intent of acquiring undue advantage.
Right against discrimination: (1) No child shall be discriminated against on ground of her/his own, her/his families’ or guardians’ religion, race, caste, ethnicity, sex, origin, language, culture, ideology, physical or mental conditions, disability, marital status, familial status, occupation, health status, economic or social status, geographical region or any other such grounds. (2) No one shall discriminate between son and daughter, sons, sons or daughters, daughters or between children born to former husband or wife or to current husband or wife in matters of their nurturing, education or healthcare. (3) No one shall discriminate between their biological sons and daughters and their adopted sons and daughters or between one child and another under their care in any manner. (4) No discrimination shall be made between children born before and after the marriage between a woman or man in matters of the children’s nurturing, education or healthcare
Right to live with and visit parents: (1) No child shall be separated or removed from her/his father or mother against her/his wishes. (2) Notwithstanding what is contained in Subsection (1), if necessary in the best interest of the child, the child court may pass an order for separating the child from her/his father or mother and entrusting her/him in a guardian’s custody. Nevertheless, before passing such an order, the parties concerned shall not be deprived of a reasonable opportunity to clarify themselves. (3) A child living separately from her/his father, mother or both shall have the right to establish personal relationship with her/his parents or personally contact or visit them regularly other than in circumstances where the child court has expressly prohibited such contacts or visits in the child’s interest. (4) Persons who have adopted a son or daughter shall allow such adopted child to visit, contact and correspond with their biological parents. (5) Persons or organizations providing alternative care to children shall allow such children under their care to meet their biological parents or family
Right to protection: (1) Every child shall have the right to receive appropriate care, protection, nurturing, and affection from her/his father, mother, other family members or guardian. (2) Both father and mother shall have equal obligations in respect of children’s care, protection and nurturing. In circumstances where parents are staying separately due to divorce or any other reason, the expenses of children’s nurturing shall be borne by both parents in accordance with their financial capacity. (3) No father, mother, other family members or guardian shall abandon or relinquish her/his son, daughter or children living in her/his guardianship. (4) Children with disabilities, affected by conflict, displaced, at risk or living in street shall be entitled to special protection stipulated by the State for their assured future. (5) Every child shall have the right to protection from all forms of physical or mental violence and torture, neglect, inhuman behaviour, gender based or untouchability related abuse, sexual abuse and exploitation by her/his father, mother, other family member or guardian, teacher and other persons. (6) Every child shall have the right to protection from economic exploitation and to protection from any work that is harmful to her/him or hampers her/his education or is detrimental to her/his health, physical, mental, moral and social development. (7) No child shall be recruited in the military, police and armed group and used, whether directly or indirectly, for the purpose of armed conflict or political purposes. (8) No person shall launch, or cause to launch, an attack on the places, services and facilities used in children’s interest, including school, or obstruct, or cause to obstruct, their operation and management during armed conflicts or in any adverse circumstances in whatever pretext. (9) Children under fourteen years of age shall not be engaged in hazardous tasks or employed as domestic labour or kamalari (female bonded labour). (10) The Government of Nepal, state governments and the local levels may take necessary measures and formulate and enforce guidelines for children’s protection.
Right to participation: (1) Every child that is capable of forming opinion of her/his own shall have the right to participate in decision-making to be taken by her/his family, community, school or other public agency or institution that concerns her/him.
Freedom of expression and right to information: (1) Every child shall have the right to voice her/his opinion in a free manner subject to prevailing laws. (2) Every child shall have the right to demand and access information in matters relating to her/his rights, interest and concern subject to prevailing laws.
Right to establish association and assemble peacefully:(1) Every child shall have the right to establish child clubs or associations or assemble peacefully for the purpose of safeguarding and promotion of child rights. (2) The provision regarding the establishment of child clubs or associations pursuant to Subsection (1) shall be as prescribed.
Right to confidentiality: (1) Every child shall have the right to confidentiality in matters of her/his body, residence, property, documents, data, correspondences and character. (2) No person shall engage in, or cause to engage in, generation, collection, publishing, printing, exhibition, sale and distribution or transmission of, through any means, personal information, details, photo or video of any child that harms her/his character or causes her/him shame, remorse or disgrace. (3) The child court, police office, guardian, parents or other agencies shall keep confidential the details that disclose the identity of the child accused of committing an offensive act or the child victim, including the name, surname, address, age, sex, family background, economic status, offence and any punishment imposed, if any. The details of such children shall not be used elsewhere other than by duly following the process of law. Nonetheless, if required in connection with any study or research work, the details of such children may be published without disclosing the name, surname, address and other identification details of the child or her/his family and by mentioning only the age or sex.
Special rights of children with disabilities: (1) Provision of special protection shall be made as prescribed for children with disabilities. 2) Every child with disability shall have the right to ensure her/his self-respect and selfesteem, promote self-dependence, actively participate in society and live with dignity. (3) Children with disabilities shall have the right to access special care and mingle in society and to avail of opportunities for receiving education, training, healthcare services, rehabilitation services, employment preparation and recreation for their personal development. (4) Children with disabilities shall have the right to equal access to and enjoyment of public services and facilities.
Right to nutrition and health: (1) Every child shall have the right to receive proper nutrition and clean drinking water and children under two years of age shall have the right, among others, to breastfeeding. (2) Pregnant women and children shall have the right to receive necessary immunization to protect themselves from diseases, avail of physical and mental health services consistent with the national standards, and access information on physical, reproduction and reproductive health compatible with their age and maturity level. (3) Every child shall have the right to receive basic health care free of cost.
Sports, recreation and cultural rights: (1) Every child shall have the right to play games and take part in sports suitable to her/his age and interest. (2) Every school shall encourage its students to take part in sports in periods outside teaching–learning periods and shall make provision for appropriate playground and sports materials. (3) Every child shall have the right to engage in child-friendly recreation suitable to her/his age, aptitude and need. (4) Every child shall have the right to participate in cultural activities in accordance with her/his religion, culture, customs, rites and rituals, and beliefs that are not adverse to her/his interests.
Right to education: (1) Children under six years of age shall have the right to learn in a manner suitable to their age and development stage and to early childhood development. (2) Every child shall have the right to receive compulsory and free education up to basic level and free education up to secondary level in a child-friendly environment in accordance with prevailing laws. (3) Every child shall have the right to receive education through the use of appropriate study materials and teaching methods suitable to her/his special physical and mental conditions as per prevailing laws. (4) Dalit children shall have the right to receive free education, along with scholarships, as per prevailing law.
Duties of State: The State shall make necessary arrangements for providing basic needs, including nurturing, protection, health and education, for children in need of special protection based on available resources
Chapter 4- Child Justice
Matters to be considered while administering child justice
Provisions regarding trial
Child victim’s rights
Child’s rights during hearing
Restorative justice
Chapter 5 special protection and rehabilitation of children
Chapter 6 institutional provisions regarding child rights and child welfare
National Child Rights Council: (1) a National Child Rights Council shall be constituted as prescribed under the chairpersonship of Government of Nepal, Minister for Women, Children and Senior Citizens to safeguard and promote children’s rights and interests. (2) The functions, duties and rights of the Council shall be as prescribed.
State and Local Level Child Rights Committee: (1) State Child Rights Committee, chaired by the minister of the State overseeing the matters of children, shall be constituted in each state. (2) Local Child Rights Committee, chaired by a member of the rural municipality or urban municipality designated by the vice-chairperson or deputy-mayor of such rural municipal executive or urban municipal executive respectively, shall be constituted at every local level. (3) The number of members of the State Child Rights Committee and Local Child Rights Committee pursuant to Subsections (1) and (2) and the functions, duties and rights and meeting procedure of the committees shall be as determined by the state and local level.
Child welfare authority: (1) A child welfare authority shall be present at local level in order to respect, safeguard and promote child rights, as well as to carry out child protection work. (2) The provisions regarding the appointment, functions, duties and rights and the terms of service of the child welfare authority shall be as prescribed.
Social service provider and child psychologist: (1) Persons willing to work as social service providers and child psychologists shall enlist themselves with the local child rights committee as prescribed. (2) Social service providers and child psychologists may be appointed in required number from among the social service providers and child psychologists enlisted in the list pursuant to Subsection (1) for performing the tasks of child protection and service delivery. (3) The social service providers and child psychologists appointed pursuant to Subsection (2) shall work under the direct direction and supervision of the child welfare authority. (4) The social service providers and child psychologists required by the child court shall be appointed from among the social service providers and child psychologists enlisted pursuant to Subsection (1). (5) The appointment process, qualifications, functions, duties, rights, terms of service and other provisions related to social service providers and child psychologists shall be as prescribed.
Children’s Fund: (1) A children’s fund shall be set up for performing tasks such as immediate rescue, relief and rehabilitation operations and for providing compensation to children. (2) The fund pursuant to Subsection (1) shall consist of the amounts stated below: (a) Amounts received from the Government of Nepal, state governments and local level, (b) Amounts received from foreign governments, international agencies, organizations and individuals, (c) Amounts received from citizens and domestic organizations, (d) Amounts received in lieu of fines imposed by the child court, (e) Amounts received from other sources. (3) The permission of the Government of Nepal, Ministry of Finance shall be obtained prior to receiving amounts pursuant to segment (b) of Subsection (2). (4) The amounts pursuant to Subsection (1) may be made available to, among others, the Children’s Fund duly established under the laws of state and local levels. (5) The provisions regarding the management, operation and use of the amounts pursuant to Subsection (1) shall be as prescribed.
Chapter 8A- Kidnapping of a Minor
Chapter 13
Girl below 16 years of age
9A- Sodomy or unnatural sex on a Minor
Child law
Vulnerable Children Act 2014
http://www.legislation.govt.nz/act/public/2014/0040/57.0/DLM5501618.html
Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989
Care of Children Act 2004
https://en.wikipedia.org/wiki/Children%27s_rights_in_New_Zealand)
Children’s Commissioner Act 2003
http://www.legislation.govt.nz/act/public/2003/0121/latest/DLM230429.html
Specific Law for Child Rights
- Act relating to the Ombudsman for Children in Norway (Act of 6 March 1981, no.5. )
- Act relating to children and parents ( the Children Act) (Act of 8 April 1981, no. 7.)
- Act concerning Cash Benefit for Parents with Small Children (the Cash Benefit Act) (Act of 26 June 1998, no. 41. )
- Act relating to child welfare services (the Child Welfare Act) (Act of 17 July 1992, no.100.）
General laws with specific provisions for children
110c [Human Rights]
It is the responsibility of the authorities of the State to respect and ensure human rights. Specific provisions for the implementation of treaties hereof are determined by law.
- The General Civil Penal Code Act of 22 May 1902 no. 10.
Section 46. No person may be punished for any act committed before reaching 15 years of age.
Section 232.a When a criminal investigation is instituted against a child under 18 years of age and the case is not of a trivial nature, the police shall immediately inform the child welfare service. If the child is in an institution, the institution hall also be informed.
In cases referred to in the first paragraph the child welfare service shall be informed concerning any examination of the suspect if there is an opportunity to do so.
When the child welfare service has so requested, it shall also be given an opportunity to express its views before the question of prosecution is decided.
Other relevant acts/legislations
- The Marriage Act (Act of 4 July, 1991, no.47.)
- Act relating to the strengthening of the status of human rights in Norwegian(the Human Rights Act) (Act of 21 May 1999, no.30.)
- Act relating to working environment, working hours and employment protection, etc. (the Working Environment Act) (Act of 17 June 2015, no.62.)
- No.Q-42/2015 Guidelines for processing child welfare cases where children have ties to other countries
Specific laws on rights of child
Federal Law on Basic Guarantees of the Rights of the Child in the Russian Federation 1998
Federal Law on State Support of Youth and Children’s Organizations
General laws with specific provisions for children
Fundamentals of Russian Federation Legislation on Health Care
Free immunization of children
They extend the number of medical procedures and treatments provided without charge, in addition to those covered by mandatory medical insurance under federal legislation
Free distribution of medicines to children under three years of age, and require qualified medical assistance in all nursing and child care facilities
Individuals under eighteen years of age are subject to certain limitations on legal capacity, special limitations, and certain protection in the field of labor relations. The usual age of employment is sixteen, although in special cases, a minor may start work at fifteen, and even at fourteen if additional requirements have been met. The procedure of receiving approvals and permits for hiring a minor under sixteen is cumbersome, and employers usually do not hire minors under sixteen in order to avoid bureaucratic problems.
All minors can be hired only after a medical examination.
Article 265 of the Labor Code contains the list of works prohibited for minors because of negative impact on the health and moral development of a minor. This list includes work with hazardous materials, underground work, and work which requires moving heavy weights over the limits established by sanitary norms.
Article 20. The Age of Criminal Liability
A person who, before the commission of a crime, has reached the age of 16 years shall be subject to criminal liability.
Persons who, before the commission of a crime, have reached the age of 14 years shall be subject to criminal liability for murder (Article 105), intentional infliction of grave bodily injury causing an impairment of health (Article 111), intentional infliction of bodily injury of average gravity (Article 112), kidnapping (Article 126), rape (Article 131), forcible sexual actions (Article 132), theft (Article 158), robbery (Article 161), armed robbery (Article 162), racketeering (Article 163), unlawful occupancy of a car or any other transport vehicle without
theft (Article 166), intentional destruction or damage of property under aggravating circumstances (the second part of Article 167), act of terrorism (Article 205), seizure of a hostage (Article 206), making a deliberately false report about an act of terrorism (Article 207), hooliganism under aggravating circumstances (the second part of Article 213), vandalism (Article 214), theft or possession of firearms, ammunition, explosives, and explosion devices
(Article 226), theft or possession of narcotics or psychotropic substances (Article 229), the distruction of transport vehicles or methods of communication (Article 267).
If a minor has reached the age envisaged by the first and second parts of this Article, but in consequence of mental retardation not associated with mental derangement could not fully realize the actual character or social danger of his actions (inaction) during the committing of a socially dangerous deed, or could not control these actions, then he shall not be subject to criminal liability.
Chapter 12. Release from Punishment- d) at least three quarters of the term of punishment imposed for crimes against the sexual integrity of minors, and also for grave and especially grave crimes connected with illegal traffic of narcotic agents, psychotropic substances and their precursors, as well as for the crimes provided for by Articles 205, 205.1, 205.2 and 210 of this Code.
e) of at least four fifth of the term of punishment imposed for offences against sexual integrity of minors under fourteen years old.
Section V. The Criminal Liability of Juveniles
Abduction of minors
Human trafficking of minors
Rape of minor girl
Violent actions of sexual character
Article 134. Sexual Intercourse and Other Actions of Sexual Character with a Person Who Has Not Reached the Age of Sixteen Years
Article 133. Compulsion to Perform Sexual Actions- The same deed committed in respect of a minor boy (minor girl) – shall be punishable by compulsory labour for a term of up to five years with deprivation of the right to hold definite offices or to engage in definite activities for a term of up to three years or without such or by deprivation of liberty for a term of up to five years with deprivation of the
right to hold definite offices or to engage in definite activities for a term of up to three years or without such.
Article 135. Depraved Actions
Chapter 20. Crimes Against Minors
Article 150. Involvement of a Minor in the Commission of a Crime
Article 150. Involvement of a Minor in the Commission of a Crime
Article 151.1. Retail Sale of Alcoholic Products to Minors
Article 152. Abolished
Article 153. Switching a Child
Article 154. Illegal Adoption
Article 155. Disclosure of the Secret of an Adoption
Article 156. Failure to Discharge the Duties of Bringing up a Minor
Article 157. Malicious Evasion of the Payment of Money for the Maintenance of Children or Physically Disabled Parents
Article 27. Emancipation
The minor, who has reached the age of 16 years, may be declared to have the full active capacity, if he works by a labour agreement, including by a contract, or if he engages in business activities upon the consent of the parents, the adopters or the trustee.
The minor shall be declared as having acquired the full active capacity (emancipation) by the decision of the guardianship and trusteeship body – upon the consent of the parents, the adopters or the trustee, or, in the absence of such consent – by the court decision.
Article 28. The Active Capacity of the Young Minors
Section IV. The Rights and Duties of Parents and Children
Chapter 11. The Rights of Underaged Children
Chapter 12. The Parents’ Rights and Duties
Section VI. The Forms of Upbringing Children Left Without Parental Care
Specific acts
General acts
Constitution of South Africa- Ar. 28.
Criminal Law (Sexual Offences and Related Matters).
Protection from Harassment Act.
Bills, international conventions, articles & treaties
Child Protection Act B.E. 2546 (2003)
Child Adoption Act (No.3), B.E.2553 (2010) (a revision of the 1979 act of the same name)
Children and Young Persons Act 1933
Paramountcy principle means that a child’s welfare is paramount when making any decisions about a child’s upbringing.
The court must also ascertain the wishes and feelings of the child and shall not make an Order unless this is “better for the child than making no Order at all” (section 1). Every effort should be made to preserve the child’s home and family links.
It introduced the concept of parental responsibility which is defined as “the rights, duties, powers and responsibilities which by law a parent of a child has in relation to the child and his property” (section 3).
Charges local authorities with the “duty to investigate … if they have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm” (section 47)
Local authorities are also charged with a duty to provide “services for children in need, their families and others” (section 17)
Section 31 of the Children Act 1989 that sets out the NSPCC’s “authorised person status” which means the NSPCC has the power to apply directly for a court order if it believes a child is suffering or likely to suffer significant harm.
Harm is ill-treatment (including sexual abuse and nonphysical forms of ill-treatment) or the impairment of health (physical or mental) or development (physical, intellectual, emotional, social or behavioural) (section 31).
Children (Northern Ireland) Order 1995
Children’s Commissioner for Wales Act 2001
Adoption and Children Act 2002
Female Genital Mutilation Act 2003
The Commissioner for Children and Young People (Northern Ireland) Order 2003
Commissioner for Children and Young People (Scotland) Act 2003
Domestic Violence, Crime and Victims Act 2004
creating a new offence of causing or allowing the death of a child or vulnerable adult. The offence establishes a new criminal responsibility for members of a household where they know that a child or vulnerable adult is at significant risk of serious harm
Post 2012 Amendment offence to include “causing or allowing child or vulnerable adult to suffer serious physical
Sets out process for integrating services to children
Creates post of child commissioner in England
Appoint Director of children’s services and election of members
Puts Local Safeguarding Children Boards on a statutory footing (replacing the non-statutory Area Child Protection Committees) and gives them functions of investigation and review (section 14), which they use to review all child deaths in their area.
Section 58 of the Children Act 2004 updates the legislation on physical punishment. It limits the use of the defence of reasonable punishment so that it can no longer be used when people are charged with the offences against a child of wounding, actual or grievous bodily harm or cruelty
Safeguarding children: working together under the Children Act 2004
Serious Organised Crime and Police Act 2005
Safeguarding Vulnerable Groups Act 2006
Children and Adoption Act 2006
Gives courts more flexible powers to facilitate child contact and enforce contact orders when separated parents are in dispute.
Protection of Vulnerable Groups (Scotland) Act 2007
Forced Marriage Act (Civil Protection) 2007
Children and Young Persons Act 2008
to provide high quality care and services for children in care. It covers England and Wales (in part) and also places a duty on registrars to notify the Local Safeguarding Children Board of all child deaths.
Criminal Justice and Immigration Act 2008
Sexual Offences (Northern Ireland) Order 2008
Borders, Citizenship and Immigration Act 2009
Apprenticeships, Skills, Children and Learning Act 2009
Sexual Offences (Scotland) Act 2009
Note: Each state compiles their state laws into one document (usually known as a code). Laws relating to the child are spread across this document under different headings (such as Education, Family, etc).
Law on Children (2016)