The Rights of the Child to be Heared : Critical Analysis

Abstract

This dissertation is to examine one of the Human Rights in the child i.e. 'The Rights to Be Heard" or "Right to take Participation" in aJ] matters concerning to child. This right is provided under the United Nations Convention on the Rights of the Child and also other Human rights Documents. The aim of the researcher is to analysis the myth and reality of the provisions. Children are one of the beautiful creature of the all mighty, but childhood is become the worst to those who are not able to live their life in peaceful manner. Poor family conditions, worth nourishment facility and Jack of opportunities to express t~eir will and wish at every level are putting the emphasis on the child rights. Though the provisions related to the UDHR concludes with the word, 'All Peoples... 'denotes that child are also able to use all those benefits which are available to all human being. One of the Articles of the UNCRC, i. e. Article 12 made the provisions related to the rights of the child to be heard. Article 12 says that, the child should also be given the right to take participation in matters concerning to them and it should be given due weight under the eyes of law. The emphasis is given on the democratic aspects of the child participation and how the implementation could be more impressive. In this respect researcher would like to focus on the specific provisions of the UNCRC and other National and International provisions related to child participation, fundamental rights related to speech and expression and other participatory rights related with the child. Though the UNCRC and other international & national document are providing specific provisions in favor of the child but in particular, traditional attitude related to the child rights to the participation is also important from the implementation points of view. Role of the state machinery and its bodies at state level are also important area regarding the participatory rights of the child. Specifically, Indian scenario is much more important in this context because being a democratic country it is the duty of the state to protect the fundamental rights of the every citizen. India is also one of the signatory to the UNCRC and the Indian Constitution also makes the provisions to alJ express its view as a fundamental rights.