Human Rights for Orphans and Abandoned Children without Adequate Care
The Convention on the Rights of the Child with its Protocols regulates issue of human rights of children. The protection of children and prohibition of child labor to name a few, are concerns said to be integral and important for any entity working to protect the dignity of children. One such issue is the the human rights of orphans and abandoned children who often are not given adequate care due to the fact that they are not well protected and in some cases not protected at all either by relatives or their parents. As a result these children need to be legally protected, and so a strategic plan needs to be created and implemented where public awareness is drawn to the issue, governments, organizations and people in the community alike should all be a part of the solution in ensure the rights of children are upheld as adequate care is given to them and they are provided for, living in conditions that are not substandard.
One major strategy would be to ensure there is a regulatory body in each country that is part of the United Nations, or received any type of aid from the United Nations to oversee their Child Rights Act. This Act must be in compliance with and complement the 2009 guidelines of the United Nations General Assembly that primarily focuses on providing Alternative Care of Children (“Human Rights for Orphans Recognized Worldwide,” 2009). If children are found not be given appropriate care that they need they need to be fined and sanctioned by the United Nation. As members of the UN it is inherent that they are bound by all the rules and guidelines provided by this governing entity. Non-compliance should be labeled a human rights violation, and a global infringement on international protocol, and provision. The sanction would only be lifted if any audit run on child and family programs and they are deemed to meet the requirements of these Guidelines. If they do not, then the UN will provide ample resources to ensure these members are in total compliance.
Another strategy would be to revamp and re-energize the efforts and infrastructure of orphanages since one of the most striking concern is the deprivation of basic rights that children endure in those facilities; rights which include but not limit to dignity, movement and social security. Equal Rights Protection Clause need to not only be a fact, but it must be implemented in the modus operandi of orphanages to ensure that children are not deprived of their right to move, and if they can go to another country to get adequate care whether through adoption or another medium, the government of that country in collaboration with administrators in the orphanages need to ensure provisions are in place to make these things occur without prejudice. This way childrn can have a sense of idenioty, and belonging. Now they can have things to call their own and a shift in organizational culture will alos bleed put into the commnity so that members are more open to oprhans and not sterrpiotype of lebl them. Once children are no longer labeled, then they xan live a well-fucntioning life attending univerities, and eventually becoming employable, gaining experience and eventually having families of their own(“Rights of Orphans,” n.d.).
Thirdly, every member country to the UN must have its own preamble to the Convention on the Rights of the Child. Jobs must be created and classified specifically for the purpose of human rights advocacy for orphans and abandoned children who require attention that is both special and unique, in order to reduce the likelihood of them being deprived of their basic rights. These preambles might have both a legal and a constitutional base so as to eliminate the potential of member countries substituting parts of the clauses listed by the Convention.
Community members need to know that even though inadequate care of child and orphans is a global problem, they too have a part to play. Even nelson Mandela commented that the security and safety of children do not happen by themselves, they are resultants of the public being completely invested in, and being part of a larger consensus where the feeling is that society owes children a life void of violence and fear; and with the knowledge that these children are extremely vulnerable human beings who are citizens and who have a right to living a life of quality and standard regardless of parental involvement. Members of the community needs to know and understand various Declarations such as the Universal Declaration of Human Rights (UDHR) that mentions that a basic right is freedom that we each get from both, and a freedom that children do not have to work for, one farmed within dignity and integrity and at the center of all human rights (“Ruppel, n.d.”). One way for this to be second-nature to citizens is that this subject of human rights, and rights of orphans and children regarding adequate care needs to be taught from elementary school so that children have an understanding of their rights, but also their responsibility in being a part of the solution; today’s children will be tomorrow’s leaders. This can be a part of the curriculum that is mandatory from elementary all the way to the collegiate level. When people are ignorant of a matter, they are unaware of its consequences and even more detached from being accountable and responsible to each other (“Ruppel, n.d.”). It must be mandatory for children to have an education at least up to the secondary school level where they have the opportunity to attend college if they choose. Compliance with the International Covenant on Economic, Social and Cultural Rights must be ingrained in administrative and state rule to ensure children are not victims of economic or social exploitation (“Ruppel, n.d.”).
Often there is much shaming attached to women who have children out of wedlock. Women often do not have the support they need to raise children up to be well-adjusted and functioning human being. In addition, women do not have the right to choose as in some African nations where they are given life sentences for abortion. When women are not adequately protected in advertently children become victims of a sexist society; here the Convention on the Elimination of All Forms of Discrimination against Women should be Convention held in the same regard on political agendas in the international community such as those surrounding military actions, and international security. Women need to be supported whether they get married or not so that they are apt in making appropriate and suitable decisions both for themselves and their children so that they are not subjected to discriminatory practices. If women do not get adequate pre-natal, natal and post-natal care the immediate result is the inadequate care of (“Ruppel, n.d.”) This Convention emphasizes that the rights and interests of children need to be the focus when a woman gets married so that the woman makes appropriate decisions to prevent her children from ever being subjected to inadequate care (“Ruppel, n.d.”).
Both the Convention on the Rights of Persons and Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are pro0visons in place to ensure women are educated on how best to take care of children with disabilities instead of throwing them away in garbage again due to shaming, and also how to properly administer discipline when these children become ungovernable./ When women are not protected, the resultant is dangerous for children who then either become orphans or children living without adequate care (“Ruppel, n.d.”).
Similar to Russia, every member country must have either a statute or a law “On Guardianship and Custody”, which governs best practices allowing children to have a voice and be able to use it when decisions are being made regarding their placement. Such a law needs to be amendment and reviewed annually at legislative or Parliamentary sessions to ensure that it is relevant, current and adds needs of children as they exist at that time. Children are human beings who have feelings and need to be treated as such. Institutional practices also are responsible for alienating these children, and subjecting them to abusive and cruel situations. The major action in this plan is to ensure there is always enough staff and oversight into programs aligned with these conventions to ensure they are effective in mitigating the child abuse and action that directly violations human rights of children, (“Abandoned by the State: Violence, Neglect, and Isolation for Children with Disabilities in Russian Orphanages, 2014”).
Each country whether or not a member nation must have legal statutes that incorporate the four main legal instruments inherent to human rights laws such as; the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, the Convention on the Rights of the Child (CRC), the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (CRC–OPAC), Child Prostitution and Child Pornography (CRC–OPSC), and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Crime has skipped and crosses borders where children are subjected and imprisoned to a life of human trafficking. The UN Convention against Transnational Organized Crime is instrumental in providing provision to protect children from being victims of transnational crimes. Some countries do not think they have such a crisis in their countries, however, the objective is to be proactive so as to buffer any future threat or problem before it reaches chronicity (“Protection and promotion of the rights of children working and/or living on the street, n.d.”).
Each country should mirror the steps taken by the United States who has prided itself in promoting basic human rights, and have created numerous Memoranda of Understanding (MOU) with other member nations to ensure that American children living at home or abroad are protected, and human rights are not violated even if they are no longer in the 50 states (“UPR Report of the United States of America, 2015”). Like the United States each member nation must have strict and structure systems of check and balance where no government entity or official shall use its power to endorse or even cover up knowledge of child abuse through corrupt practices or inadequate programs. Policies must be created and reviewed by a component within the judiciary so that the issue of child abuse and inadequate care for orphans and children will be well-debated and always a concerned that civil societies engage in on a daily basis. Each member nation should have an Action Plan similar to the u.S. Government Action Plan on Children in Adversity that ensures that children live in a protective family, and live in an environment that neither deprives, exploits nor endanger them (Smart, 2003). Their action Plan must be based on data that is funded and collected by a central data collection system so as to create evidence-based practices and promising programs that specifically focus on child development as initiatives that transcend national levels to international levels all with the intention of protecting the interests of children ( (Williamson & Greenberg, 2010). In an addition thee Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 (PL 109-95) must also be adopted in the Adversity Plan and discussed at annual Government Evidence Summit on Protecting Children Outside of Family Care through different levels of government such local, state, and federal areas in addition to the support of non-governmental organizations (“United States Government Action Plan on Children in Adversity A Framework for International Assistance: 2012–2017, 2012”).
Regardless of the role and/or responsibility an individual, agency, organization and entity has in the crusade to protect children in the world and addressed human rights violations against them; it should be mandatory for children who are vulnerable citizens of the world not to be tortured, punished, or become victims of violence instead having stable, secure, safe and peaceful home where they receive adequate care should be the only human rights standard embraced globally.
References
Abandoned by the State: Violence, Neglect, and Isolation for Children with Disabilities in Russian Orphanages (2014). Human Rights Watch. Retrieved from https://www.hrw.org/sites/default/files/reports/russia0914_ForUpload.pdf
Children’s protection and civil rights. Retrieved from http://www.unicef.org/specialsession/about/sgreport-pdf/sgrep_adapt_part2c_eng.pdf
Human Rights for Orphans Recognized Worldwide. (2009). SOS Children’s Villages USA. Retrieved from http://www.sos-usa.org/newsroom/human-rights-for-orphans-recognized-worldwide
Ruppel, O.C. The protection of children’s rights under international law from a Namibian
perspective. Retrieved from
http://www.kas.de/upload/auslandshomepages/namibia/Children_Rights/Children_e.p df
Smart, R. (2003). Policies for Orphans and Vulnerable Children: A Framework for Moving Ahead.Retrieved from http://www.policyproject.com/pubs/generalreport/OVC_Policies.pdf
The Right of Boys and Girls to a family. Alternative Care. Ending Institutionalization in the Americas. Retrieved from https://www.oas.org/en/iachr/children/docs/pdf/Report- Right-to-family.pdf
The Situation of Orphans and Other Vulnerable Children and Youth in the SADC Region (2010). Retrieved from http://www.sadc.int/files/3413/5293/3508/SADC_OVCY_Sitaution_Analysis_Report _Revised_13Oct_2010.pdf
United States Government Action Plan on Children in Adversity A Framework for International Assistance: 2012–2017 (2012). Retrieved from https://www.usaid.gov/sites/default/files/documents/1860/United%20States%20Actio n%20Plan%20on%20Children%20in%20Adversity.pdf
UPR Report of the United States of America (2015). Retrieved from http://www.state.gov/j/drl/upr/2015/237250.htm
Williamson, J. & Greenberg, A. (2010). Families, Not Orphanages. Retrieved from http://www.thinkchildsafe.org/thinkbeforevisiting/resources/Families_Not_Orphanages_J_Williamson.pdf
