AbstractThis but is not limited to, child labour

AbstractThis paper will be exploring how a right of a child is being deprived and how their rights is being exploited.The main focus of this research paper would be on sexual exploitation.The law of the 2 different nations, Nepal and India would be explored, critically analyzed and evaluated on their working of the law which governs the law.This reasearch paper will be outlining the new civil definition.    INTRODUCTION Human right is known to be the real gem of an individual’s life but do a individual gets their rights and can they express their rights. Child is considered to be the one of the most vulnerable class in society to be exploited,the innocence of their mind is pure and it is taken away by the burden of fulfilling different things for other people’s.Child abuse consist of all the factors like physical, sexual mistreatment,social,mental of a child, or neglecting child, looking at the perspective of a relationship of responsibility, power, resulting in severe or potential harm to the child’s . Neglect of a child may be evidence of continues conduct or a common incident or omission that declares, or should reasonably be expected to result in, serious physical or mental injury or a substantial risk of death to the child. Neglect can include, but is not limited to, the failure to provide sufficient food, nutrition, clothing, shelter, supervision and medicine. It can also include the failure to make a reasonable effort to protect a child from abuse, exploitation or neglect by another person. Exploitation of a child refers to the use of the child in work or other activities for the benefit of others and to the detriment of the child’s physical or mental health, development, and education. Exploitation includes, but is not limited to, child labour and child prostitution. Both terms, however, indicate that advantage is being taken of the child’s lack of power and status  STATUS OF SEXUAL EXPLOITATION Child molestation is known as the common name for children sexual abuse ,it is a kind of abuse in which someone uses a child for sexual pleasures. DIfferent kind of child sexual abuse include engaging in sexual simulations with a child (whether by will or force, or by other means),appropriate exposure (of the genitals, female nipples, etc.), grooming children, or using a child to produce child pornographyChild exploitation have different settings, including houses, schools, or workplaces (when a child is employed as labour).Child marriage is the most common sexual abuse for children and it is still prevalent in countries such as INDIA and NEPAL; UNICEF issued a statement that child marriage “represents perhaps the most prevalent form of sexual abuse and exploitation of girls”. Effects of child sexual abuse can be devastating and it includes, chronic depression,traumatic,insomnia,early abortion,slow mental development of brain are the few to name,the spirit of a child is broken when they are exploited sexually . A more common example which comes to mind in child sexual abuse is family relations ,usually child are sexually exploited by their relatives and they are forced to perform various acts which are humiliating and unethical .The female child are more prone to sexual exploitation by their elder brothers or uncles and incest in performedExplaining the factual side of the spectrum the global prevalence of child sexual abuse has been estimated at 19.7% for females and 7.9% for males.Most victims knows their offenders already, approximately 30% are relatives of the child, most often brothers, fathers, uncles, or cousins;around 60% are other family relatives, such as family friend or neighbors,sexual exploitation by an unknown individual are in approximately 10% of child sexual abuse cases. Most child sexual abuse is committed by males, studies on female child molesters show that women commit 14% to 40% of offenses reported against boys and 6% of offenses reported against girls.A Pedophile is a person who is has a strong feeling to exploit a child sexually, young teenagers are exploited more often .Under the law, child sexual abuse is often used as an umbrella term describing criminal and civil offenses in which an adult engages in sexual activity with a minor or exploits a minor for the purpose of sexual gratification.According to INDIA and NEPAL LAW a child is incapable of giving consent and if a sexual act is done with consent of a child it will still amount to sexual exploitation of child, and condemns any such action by an adult: “An adult who engages in sexual activity with a child is performing a criminal and immoral act which never can be considered normal or socially acceptable behavior.” Causes of sexual exploitation  Poverty and wide spread unawareness about education of child is the major cause of child exploitation.With the cases of other families in INDIA and NEPAL their livelihood depends on the earning of their children, usually economical weaker section sell their daughter to prostitution . Particularly when living in camp settings, these traditional wage earners are often unable to find relevant work in their new environment. Traditional wage earners’ decreased income often leads families to seek supplementary income from other members. At the same time, many children, particularly adolescents, have reached an age where they are physically able to perform the same work as adults. Many are asked to take on a greater responsibility for the economic survival of their family, or asked to work for no pay within the home in order to enable other members to work. This work is often performed by girls, spending long hours doing housework and minding younger siblings, and is not only performed unnoticed but impacts their ability to attend school.Girls are deprived from their rights.Which children work, the kinds of work they do, and their working conditions will be affected by levels of poverty and social inequalities based on gender, ethnicity, age, class and caste. As children and adolescents (and their families) make decisions concerning whether or not to forgo education in favour of work, they weigh the importance of earning extra income in the present in relation to the possibility of securing greater income in the future through education. The availability and relevance of school and vocational training to a child’s prospects of future work therefore affect this decision. Lack of access to adequate education may be a contributing factor to why children work, but even if education is provided, it may not keep all children from working. In most situations, school terms and school times are not adjusted to fit in with the pattern of children’s work. Many children and adolescents are solely responsible for themselves and the economic welfare of their families. Where schooling is not free, some children may have to work in order to earn money for their school fees or expenses (e.g. books and uniforms). Poverty and lack of education are common reasons why children work, but this does not justify the condoning of labour that is harmful and exploitative. Parents of working children are often unemployed or underemployed, yet their children are offered jobs because they accept less pay, are more malleable, and more easily exploited.  RIGHTS SECURED BY VARIOUS ORGANISATION AND INTERNATIONAL BODIESArticle 19 of the Convention on the Rights of the Child states that the child has right to be protected without discrimination,from abuse and neglect: “States parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.” In other words, it is the duty of governments to protect children against abuse and neglect, including abuse happening within the family, as well as other caring environments, such as foster care, day care, schools, institutions. This duty takes on added significance when not respected, as it often deprives the child of access to help, and the mistreatment or abuse may then continue undetected for long periods of time. Physical assault against the child constitutes child abuse. In this sense, punitive corporal punishment, whether in the family or in institutions is incompatible with the child’s right to physical integrity. Article 37 of the CRC explains that States parties are required to ensure that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. The Human Rights Committee stated that this should include physical and mental pain, and extends to corporal punishment. Regarding corporal punishment in schools, CRC article 28.2 states that all appropriate measures shall be taken to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention. This includes article 19 and the broader protection of the child from physical and mental violence. Traditional practices may need to be reviewed to determine whether they involve any form of physical or mental violence. When these traditional practices are beneficial, or harmless, communities should be encouraged to continue them as a way of maintaining their identity and preserving their culture. However, some traditional practices are harmful to health, well-being and development; most often, girls and women are the ones affected by harmful traditional practices. Female genital mutilation (FGM) and early childhood marriages are examples of harmful traditional practices that are prevalent among some populations of concern to UNHCR. These practices are internationally condemned due to the grave health risks they may entail as well as the human rights principles they violate. The CRC requires States to take all effective and appropriate measures to abolish traditional practices that endanger the health of children (article 24. 3). The Declaration on the Elimination of Violence against Women (1993) states that violence against women includes “.. female genital mutilation and other traditional practices harmful to women..”. It stipulates that States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination. Disabled children may be particularly vulnerable to abuse due to difficulties in communication and in many cases being placed in institutions. Indeed, the UN Standard Rules on the Equalization of Opportunities of 1994 noted that persons with disabilities are particularly vulnerable to abuse in the family, community and institutions. The need to avoid the occurrence of abuse, recognise when abuse has occurred and report on such acts are stressed (Rule 9(4)). In all cases of abuse, neglect and exploitation, article 39 of the CRC notes that the State has an obligation to ensure that child victims of armed conflicts, torture, neglect, maltreatment or exploitation receive appropriate treatment for their physical and psychological recovery and social reintegration in an environment that fosters the health, self-respect and dignity of the child victim. 

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