Children are one of the vulnerable segments of society and their rights are paramount to their protection, development, and overall well-being. In Nepal, where poverty, gender discrimination, and social inequalities are the salient characteristics, the legal protection of child rights is a major issue for the government of Nepal as well as civil society organizations. The country has made tremendous strides in enacting legal provisions for guaranteeing the rights of children, but enforcement challenges remain. In this paper, the hild Rights in Nepal are examined from a legal point of view, with a focus on the existing laws, international conventions, and challenges of enforcement.
Constitutional and Legal Framework for Child Rights in Nepal
Nepal’s 2015 Constitution, which is the nation’s supreme law, recognizes the rights of the child. There are several provisions in the Constitution dedicated to protecting children’s protection, education, and social welfare.
- Article 39 of the Constitution guarantees the rights of the child by emphasizing the right to free education, protection from all forms of exploitation, and special protection to children who are in vulnerable It states that children are to be protected from abuse, neglect, and exploitation, which are vital in protecting their safety and well-being.
- Article 40also addresses the protection of the child, providing for the right to family care and government assistance for children who are orphaned, abandoned, or separated from their families.
The Child Rights Act: The Children’s Act, 1992
The cornerstone of child rights protection in Nepal is the Children’s Act, 1992, which is the legal framework for child protection in Nepal. The act has provisions to rescue children from all forms of exploitation, including child labor, trafficking, and sexual exploitation.
The Children’s Act, 1992, is for the protection of the rights of children to education, health, and protection from harmful practices. Some of the significant provisions of the law include:
- Child Protection: The Act prohibits the exploitation of children, including child labor, trafficking, and violence of any nature against children. It stipulates that children shall not be forced to work in occupations that are dangerous to their development or safety.
- Right to Education: The Act guarantees the right to free education up to the secondary Nepal has made visible progress in the increase of enrollment levels at the primary and secondary levels of education, in accordance with this legal stipulation.
- Juvenile Justice: The Children’s Act also makes special provisions for handling child offenders. It aims at the rehabilitation and reintegration of children in conflict with the law, instead of The legislation demands that children must be treated differently from adults in the justice system, and measures like juvenile detention centers are taken to rehabilitate them.
International Conventions and Nepal’s Commitment
Nepal has signed some of the key international conventions that guarantee children’s rights. These conventions are informative documents for national policy and legal frameworks on child rights.
United Nations Convention on the Rights of the Child (CRC)
Nepal ratified the United Nations Convention on the Rights of the Child (CRC) in 1990, demonstrating an international commitment to children’s rights. The CRC sets out comprehensive guidelines on how children should be treated, including as regards education, health, protection from violence, and participation in decisions affecting them. Nepal’s national law, including the Constitution and the Children’s Act, is aligned with many of the standards set out in the CRC.
Some of the fundamental rights ensured by the CRC that have been emphasized in Nepal include:
- Non-discrimination: All children have the right to equal treatment regardless of race, ethnicity, or social status.
- Best interests of the child: The best interests of the child are to be the primary consideration in all decisions and actions concerning children.
- Right to participation: Children must be given the opportunity to express their views and opinions, especially on matters that affect their lives.
International Labor Organization (ILO) Conventions
Nepal has also ratified key International Labor Organization (ILO) Conventions for the elimination of child labor. Nepal is a party to ILO Convention No. 182 on the Worst Forms of Child Labor and ILO Convention No. 138,on Minimum Age for Employment. These conventions bind Nepal to progress towards eliminating child labor, particularly in hazardous conditions, and setting a minimum age for employment.
Other Relevant Laws and Policies
Apart from the Children’s Act and international conventions, there are several other laws and policies that are enforced to protect the rights of children in Nepal.
- The Labor Act, 1992: This act prohibits child labor in hazardous work environments, according to the recommendations of the “International Labor Organization (ILO)”. It bars the employment of children under the age of 14 and stipulates a minimum age for various forms of employment.
- The Human Trafficking and Transportation (Control) Act, 2007: This act addresses the issue of child trafficking, which is a long-standing problem in Nepal. The law criminalizes the trafficking and exploitation of children for purposes including forced labor, sexual exploitation, and organ trafficking.
- The Domestic Violence (Crime and Punishment) Act, 2009: This act criminalizes domestic violence, including violence against children, and ensures that children abused within the home are guaranteed legal protection and support.
Challenges in Implementing Child Rights in Nepal
Despite having robust legal frameworks and international commitments, Nepal continues to face enormous challenges in implementing child rights legislation. Some of the most significant concerns include:
Lack of Enforcement
Though there are laws to guarantee the safeguard of children’s rights, the enforcement of the laws is ineffective. The judicial system is not always capable of prosecuting the perpetrators of child abuse, trafficking, and exploitation due to insufficient resources, training for law enforcers, and corruption.
Child Labor
Although child labor is prohibited by law, it remains widespread in Nepal, particularly in the rural economy and in the agricultural, domestic service, and brick kiln sectors. Some of the reasons for its prevalence include poverty, illiteracy, and social acceptance of child labor.
Social and Cultural Barriers
Nepal’s deeply held social and cultural assumptions, including caste and gender discrimination concerns, hamper the full realization of child rights. Vulnerable children, particularly girls and those from low-caste groups, are likely to face additional barriers in accessing education, healthcare, and protection.
Inadequate Resources for Education
Even though education is the legal right of all Nepalese children, there is an equity gap in access and education quality, especially in remote areas. Many children are denied the education they have a right to because of the absence of infrastructure facilities, absence of trained teachers, and poor financial resources.
The legal protection of child rights in Nepal has come a long way, and significant progress has been made in terms of legislation, ratification of international conventions, and constitutional guarantee of the rights of the child. However, there is still a problem in terms of guaranteeing full implementation and enforcement of the laws. Filling the protection gaps in law requires the joint efforts of the government, civil society, and communities in strengthening the legal mechanisms, improving enforcement, and combating the underlying social issues encroaching on the fulfillment of child rights in Nepal. Only through collective efforts can Nepal ensure its children an environment of security, dignity, and opportunity to grow up.
Teach, Learn, and Grow – Begin Your Volunteer Experience Now ! or Contact Us Now!
By: Intern Monsoon Roka
YWC ESC 2 Child Protection
Tarkeshwar – 3, Kathmandu, Nepal
Member of