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  • Shreya Sinha

A COMPARATIVE ANALYSIS OF RIGHTS OF CHILD IN DIFFERENT JURISDICTIONS

By- Asma Praveen, 4th Year Student at Glocal Law School, Glocal University, Saharanpur

In this article, the author will discuss the rights of a child in different jurisdictions along with the implementation of International Treaties relating to children and the domestic laws for safeguarding the rights of children in Australia, China, Japan, and India.


INTRODUCTION

Australia

The Constitution of Australia is federal in nature. The power is divided amongst the legislative, executive, and judiciary and distributed between the federal government and 6 states and 2 internal self-governing territories and some external territories.

Apart from the self internal governing territories, external territories are governed by the federal government.

Age of majority- The age of majority under Australian law is 18 years as per the Age of Majority Act, 1980.

China

China is a socialist country. The ruling government in China is the People’s Republic of China(PRC). The PRC Constitution provides for the state protection of children and provides for the state protection of children and prohibits the maltreatment of children.

Age of majority- Under the law of the People’s Republic of China on Protection of minors, “minors” are defined as citizens less than eighteen years old.

Japan

Japan has a constitutional monarchy system. There is also a separation of power between legislative, executive, and judiciary. Japan has many legislative concerning children's rights, including child health and social welfare, child education, child labour and exploitation, the sale and trafficking of children, and juvenile justice.


India

India has a quasi-federal Constitution and the Constitution of India provides numerous rights for the children. Other than the constitutional provisions, India adopted a National Policy for Children in 1974, declaring children to be the nation’s most precious asset. Hence, from the Fourth Five-Year Plan onwards, perhaps a little earlier than that, children have certainly found mention in national development plans, but insufficient attention in terms of investment. In the wake of the 1990 World Summit for Children, the Government of India adopted a National Plan of Action for Children in 1992, with goals for the decade. In the year 1992 itself, it also ratified the CRC and thereafter in its Periodic Country Reports submitted to the UN Committee on the Rights of the Child has dwelled at length about the measures taken for ensuring children’s rights.

RECOGNITION OF INTERNATIONAL TREATIES SPECIFICALLY DEALING WITH CHILDREN

Australia

  1. Convention on the Civil Aspects of International Child Abduction, 1987.

  2. Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (The Hague, 29 May 1993). [1998] ATS 21.

  3. Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations. [2002] ATS 2

  4. Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict [2006] ATS 12.

  5. Protocol to Amend the Convention for the Suppression of the Traffic in Women and Children of 30 September 1921, and the Convention for the Suppression of the Traffic in Women of Full Age, 1933, [1947] ATS 17.

  6. Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect to Parental Responsibility and Measures for the Protection of Children (under the auspices of the Hague Convention) [2003] ATS 19.

  7. International Convention for the Suppression of the Traffic in Women and Children, 1921. [1922] ATS 10.

  8. Convention on the Rights of the Child [1991] ATS 4.

  9. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography [2007] ATS 6.

  10. Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children, Supplementing The United Nations Convention Against Transnational Organised Crime 2000 [2005] ATS 27.

The aforementioned International Treaties throw light upon the International Obligations which Australia has taken for protection of interests of child. These International Conventions serve as the guiding light for the Australian Judicial System in interpreting laws in consonance with the rights of the child.


China

  1. U.N. Convention on Rights of the Child 1989 (CRC). It came into force in China from April 1, 1992 onwards.

  2. Optional Protocol to the Convention on Rights of Child on the Sale of Children, Child Prostitution, and Child Pornography 2000. It Came into force in China from January 3, 2003 onwards.

  3. International Covenant on Economic, Social and Cultural Rights 1966. It was notified to be applicable in China on June 27, 2001.

  4. The Convention on the Elimination of All Forms of Discrimination Against Women 1979 (CEDAW). It is applicable in China since December 3, 1981.

  5. The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. This convention is also known as Worst Forms of Child Labour Convention, it was adopted by the International Labour Organization in 1999 as ILO Convention No 182. It is one of eight ILO fundamental conventions and it applicable in China from August 8, 2003.

  6. The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption 1993. Receipt of Instrument: September 16, 2005.

Japan

Japan has ratified the following conventions:

  1. The U.N. Convention on the Rights of the Child 1989 (CRC).[1]

  2. The Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography.[2]

  3. The Optional Protocol to the CRC on Involvement of Children in Armed Conflict.[3]

  4. The International Covenant on Civil and Political Rights.[4]

  5. The International Covenant on Economic, Social and Cultural Rights.[5]

  6. The Convention on the Elimination of all Forms of Discrimination against Women.[6]

  7. The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.[7]

  8. The Convention concerning Minimum Age for Admission to Employment.[8]

India

  1. Conventions on the Rights of the child, 1989.

  2. The Convention on the Elimination of All Forms of Discrimination Against Women 1979.

  3. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

  • Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2007.

  • The International Covenant on Civil and Political Rights.