Human Rights for Orphans and Abandoned Children without Adequate Care
The issue of human rights of children is regulated by the Convention on the Rights of the Child with its Protocols. They refer to the protection of a child, prohibition of child labor and other issues that are fundamentally important and protect children’s dignity. However, some categories of children require special attention and care with this respect. The human rights of orphans and abandoned children constitute a specific issue, as they have fewer chances to be protected by parents and relatives. Therefore, as a violation of their rights may seem easier, these children need more legal protection.
The importance of the problem is getting clearer, when described in numbers. UNICEF reports that “there are between 143-210 million orphans worldwide” (“Rights of Orphans,” n.d.). If there were a country of orphans, it would be in the top 10 of the most populated countries in the world. It is striking that such huge amount of people is deprived of basic rights and freedoms, normally granted for everybody, in the 21st century. Moreover, this huge number contains only 13 million of those who lost both parents. 95% of orphans are over the age of 5 and have one surviving relative. Around 250,000 children are adopted on an annual basis, but 14 million live in orphanages till they become 16. 60% of girls become prostitutes, while 70% of boys are convicted of crime activities (“Orphans,” n.d.). In 2009, The United Nations General Assembly welcomed the Guidelines for the Alternative Care of Children (“Human Rights for Orphans Recognized Worldwide,” 2009). This document ensured that children would receive specific attention and required care, if they need. The Guidelines provided a missing framework of standards for the alternative care for children and bounded all members of the UN to adhere to these rules. Such actions made the issue of human rights of orphans and abandoned children recognized worldwide and encouraged the emergence of the new approaches to this problem across the globe.
There are a few areas where the violation of the rights of orphans is the most striking. Orphans who live in orphanages are usually deprived of basic rights such as movement, property, law, social security and even dignity. They are often treated not as equals to other children, as they are living in an orphanage. Law protects orphans and abandoned children, but they still may not have what families should provide their children with. Moreover, children are deprived of their rights to move, as orphans may be removed from their country for finding better care. This is the violation as everybody has a right to express and possess nationality, as he or she wishes. In the majority of cases, property, that orphans and abandoned children have, belong to orphanages or some organizations, so they have little chance of having their own things. They are often restricted on what they may have as their belongings. The main violation appears when it comes to Social Security. Due to some stereotypes, lack of support and funds, orphans often struggle to attend universities, have good jobs and experience. Because of this, they are deprived of the main human right of building a good life for themselves and their own families (“Rights of Orphans,” n.d.).
Legal Framework
“Safety and security don’t just happen; they are the result of collective consensus and public investment. We owe our children, the most vulnerable citizens in our society, a life free of violence and fear.” Nelson Mandela
The Universal Declaration of Human Rights (UDHR) mention that one basic human rights principle is that all human beings are free from birth, and from that point has acquired freedom, and equality both in dignity, and overall rights(“Ruppel, n.d.”). UNDR also emphasized that women and indigenous people are also protected, and inadvertently the children of these vulnerable groups, who within a legal framework in the United Nations (UN) have been afforded special protection under the law; on local, state, federal, and/or international levels (“Ruppel, n.d.”).
International treaty law governing children’s rights and protection of such rights can be traced as far back as to the 1924 to the first Declaration of the Rights of the Child adopted by the League of Nations (“Ruppel, n.d.”). In 1948 an extended version of this Declaration was also adopted by the General Assembly, and another revision occurring in 1959, which was called the UN Declaration on the Rights of the Child (UNDRC), which served as an extended part of the legal framework within which these rights can be protected. In 1978 a new proposal and convention was adopted in Poland on the rights of children (“Ruppel, n.d.”). The amendments made in Poland’s draft served as the blueprint for the Convention on the Rights of the Child (CRC) in 1989 (“Ruppel, n.d.”).
The International Covenant on Economic, Social and Cultural Rights also has many provisions that are specific t children, but primarily focusing on a child’s right to an education, and to be protected from social and economic exploitation(“Ruppel, n.d.”). In addition, the Convention on the Elimination of All Forms of Discrimination against Women is another convention that contains both child-specific and child-protective provisions (“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.”). Another legal document, which provides a framework for the protection of the rights of children from abandonment, and inadequate care, is the Convention on the Rights of Persons with Disabilities. The legal principle was created with the intention of providing for, and respecting the rights of children with disabilities, and to protect them from being abandoned, and made orphaned without access to adequate care (“Ruppel, n.d.”). Similarly, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is another legal principle in place with an expressed interest in the vulnerability of these abandoned children who are more likely to be at risk of cruel and inhuman treatment, torture, degrading punishment and treatment, and often used as combatants where they are often subjected to severe punishment, and cruelty (“Ruppel, n.d.”).
In Russian there was an amendment to the law “On Guardianship and Custody” in order to develop procedures to understand the best interests of the child through mechanisms that are accessible allowing children to express their wills, and preferences in reference to placement decisions (“Abandoned by the State: Violence, Neglect, and Isolation for Children with Disabilities in Russian Orphanages, 2014”).
Numerous human rights laws have been created with the intention of making provisions for children’s rights, and protection of such rights; however, children are mentally and physically immature and are of a dependent status. For this reason specify legal instruments have been employed, and adopted in order to enhance these rights of orphaned, and abandoned children (“Ruppel, n.d.”). The UN emphasizes four legal instruments that are specific to protecting the rights 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 Sale of Children, Child Prostitution and Child Pornography (CRC–OPSC), the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (CRC–OPAC), and lastly the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; this last legal instrument is in place to supplement the UN Convention against Transnational Organized Crime(“Ruppel, n.d.”).
Out of all of these legal instruments, and international soft law documents is the Convention on the Rights of the Child (CRC). CRC is the most important, and well-known legal manifesto as drafted, and developed by the UN to advance the rights, security, and protection of children’s rights (“Ruppel, n.d.”). The CRC was initially adopted in 1989, and became official in 1990. There are 54 articles inherent to the CRC which focuses on human rights in terms of social, economic, civil, cultural, political provisions, which in turn have created international protections and foundations, which protect , and protect human rights, and freedoms for all persons who are under the age of 18 years of age (“Ruppel, n.d.”). The CRC assets , and recognizes that all children should be afforded rights to live in peace, with dignity and integrity having an individual life in society where they will be raised in solidarity, tolerance, freedom and equality (“Protection and promotion of the rights of children working and/or living on the street, n.d.”).
United States Compliance with International Human Rights Obligation
The United States has always promoted itself as a national that is buolt on human rights principls of equaity under the law, where there is a respect for the rights, and dignities of individuals. The U.S. has been a country consistent in affirming its effots to prmote, and ptreoct human rights, especiallu the rights fo children (“UPR Report of the United States of America, 2015”). Human Rights are also embedded in Constituinal laws in the United Sttes, which made renifnoced that policy at evey level of government must refkect the U.S stand on these rights and should be mirrored in governmental action, which is reviewed by a judiciary that is independent as well as debated by a free press as well as an engaged civil society (“UPR Report of the United States of America, 2015”). The U.S. aggreswseively seeks ways for systematic reform in order pursue extensive, and compregensive actions to ensure these rights are not violated. The Ferdral system in the U.S. has new methofds, and sytrategies to promote these human rigths at both state and local levels (“UPR Report of the United States of America, 2015”). The U.S. Government Action Plan on Children in Adversity was created with the purpose of ensuring that a world in which all children will grow up within a protective family, one free from danger, exploitation, and deprivation (Smart, 2003). The framework within which this Plan is built is evidence-based and focuses on the development of children as the cornerstone for practices, and initiatives also on the international level to protect the interests of children (Smart, 2003). The focus is on but not limited to children who have been affected by HIV/AIDS or in the worst conditions of child labor, especially those who have been trafficked (Smart, 2003). The adversity of children can be addressed, and fully impacted from services as well as policies (Williamson & Greenberg, 2010).
The Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 (PL 109-95) was created in response to the U.S. Adversity Plan, and serves to complement it (Smart, 2003). A U.S. Government Evidence Summit on Protecting Children Outside of Family Care was created to inform the Adversity Plan, including the initiative involving an interagency approach under the Public Law 109-95; this was achieved through local, state, federal governments, and governmental as well as non-governmental organizations (“United States Government Action Plan on Children in Adversity A Framework for International Assistance: 2012–2017, 2012”). Through these Plans, and Policy initiatives the U.S. have incorporated a lot to address the human rights issues for Orphans and abandoned children without adequate care in their programs at each level of their governments; local, state, and federal.
All of these legal provisions afford children’s civil rights, and freedoms to be protected. The World Summit Declaration reinforced that all children must receive opportunities to realize their worth, and find their identity in a safe and supportive enforcement, free of abuse, exploitation, and abandonment (“Children’s protection and civil rights, n.d.”). This is also further mirrored in the Office of the High Commissioner for Human Rights (OHCHR) who have partnered with the Consortium for Street Children, Aviva and the United Nations Children’s Fund (UNICEF), to eliminate the number of children who are living on the streets, and protect them from patterns of urbanization, and inequalities Assembly (“The Right of Boys and Girls to a family. Alternative Care. Ending Institutionalization in the Americas, n.d.”).
The Inter-American Commission on Human Rights (“the IACHR”) analyzed the obligation of States as derived from the right of a child to being in a family, created recommendations, which are legal binding that reinforces the mandate to strengthen the protection of both adolescents, and children; those without or appear to be at rights to lose parental care Assembly (Williamson & Greenberg, 2010). The State is also said to be responsible to ensure these families have the resources, programs, and services they need to ensure their family units are strengthen, and children raised with adequate care Assembly (“The Right of Boys and Girls to a family. Alternative Care. Ending Institutionalization in the Americas, n.d.”).
The United States as well as those in the human rights community have created laws, policies, initiatives, and plans to ensure that children’s rights are protected, and secure. There are numerous treaties, conventions and UPR Reviews that have been developed to ensure that children are not abandoned, and orphaned without getting adequate care. The protection of children in the world is a huge human rights dilemma, where children who are vulnerable are protected from violence, torture, punishment, but live in peace, security, stable home with adequate care.
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
Orphans. (n.d.). UNICEF. Retrieved from http://www.unicef.org/media/media_45279.html
Protection and promotion of the rights of children working and/or living on the street. Retrieved from http://www.ohchr.org/Documents/Issues/Children/Study/OHCHRBrochureStreetChil dren.pdf
Rights of Orphans. (n.d.). International Baccalaureate. Retrieved from http://www.projectpage.info/rightsoforphans
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
