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Rights of the child: the CRC, UNICEF and Indian law

Human Rights Law and Practice · Unit V · Topic 16 of 18 · 7 min read

From the Geneva Declaration of 1924 to the Convention on the Rights of the Child (1989): its four general principles, the survival, development, protection and participation rights by Article, the Optional Protocols and the Committee; the role of UNICEF; and the Indian constitutional provisions, statutes and Supreme Court decisions on children.

On this page
  1. 1. Before the Convention
  2. 2. The Convention on the Rights of the Child, 1989
  3. 3. The four general principles
  4. 4. The rights, grouped
  5. 5. Implementation and Optional Protocols
  6. 6. UNICEF
  7. 7. National legal developments
  8. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The examinable core. Two questions alternate: “Explain the rights of the child guaranteed under the CRC” (June 2025, August 2024) and “Explain the role of UNICEF in protecting the rights of children” (January 2026). For the CRC, organise by the four general principles and then the four groups of rights. For UNICEF, history, structure, mandate under Article 45 of the CRC, and its work in India.

1. Before the Convention

2. The Convention on the Rights of the Child, 1989

Adopted by the General Assembly on 20 November 1989, in force on 2 September 1990. It is the most widely ratified human rights treaty; every UN member except the United States is a party. India acceded on 11 December 1992. Article 1: a child is every human being below the age of eighteen years unless majority is attained earlier under the applicable law.

3. The four general principles

The Committee on the Rights of the Child treats four Articles as principles that govern the reading of all the others.

4. The rights, grouped

Survival and development. Name, nationality and registration immediately after birth (Art. 7); preservation of identity (Art. 8); health and health services, reduction of infant mortality, and abolition of traditional practices prejudicial to health (Art. 24); social security (Art. 26); an adequate standard of living (Art. 27); education, with primary education compulsory and free, and school discipline consistent with the child’s dignity (Art. 28); the aims of education (Art. 29); rest, leisure, play and cultural life (Art. 31).

Family environment. Parental guidance and the evolving capacities of the child (Art. 5); no separation from parents against their will except by competent authorities in the child’s best interests (Art. 9); family reunification (Art. 10); illicit transfer abroad (Art. 11); common responsibility of both parents (Art. 18); alternative care (Art. 20); adoption, with the best interests as the paramount consideration and inter-country adoption as a subsidiary means (Art. 21).

Protection. From all forms of physical or mental violence, injury, abuse, neglect or exploitation, including sexual abuse, while in the care of parents or others (Art. 19); refugee children (Art. 22); children with disabilities, to a full and decent life (Art. 23); economic exploitation and hazardous work (Art. 32); narcotic drugs (Art. 33); sexual exploitation (Art. 34); sale, trafficking and abduction (Art. 35); other exploitation (Art. 36). Article 37: no torture, and neither capital punishment nor life imprisonment without possibility of release for offences committed below eighteen; detention only as a last resort and for the shortest appropriate time. Article 38: no recruitment into armed forces below fifteen. Article 39: recovery and reintegration of child victims. Article 40: juvenile justice, with a minimum age of criminal responsibility and alternatives to institutional care.

Participation. Expression (Art. 13); thought, conscience and religion (Art. 14); association and assembly (Art. 15); privacy (Art. 16); access to information and the media (Art. 17), with Article 12 as the governing principle.

5. Implementation and Optional Protocols

The Committee on the Rights of the Child (Art. 43), of eighteen experts, examines state reports submitted within two years of entry into force and every five years after (Art. 44). Three Optional Protocols: on the involvement of children in armed conflict (2000; no compulsory recruitment and no direct participation in hostilities below eighteen); on the sale of children, child prostitution and child pornography (2000), both ratified by India in 2005; and on a communications procedure (2011, in force 2014), which India has not accepted.

6. UNICEF

Limits: UNICEF has no power to enforce rights; it works through governments with voluntary funds.

7. National legal developments

Constitution. Article 15(3) (special provisions for children); Article 21A (free and compulsory education for children of six to fourteen, inserted in 2002); Article 24 (no employment of children below fourteen in factories, mines or hazardous employment); Article 39(e) and (f) (children not to be abused, and to be given opportunities to develop in conditions of freedom and dignity); Article 45 (early childhood care and education below six); Article 51A(k) (parents to provide opportunities for education).

Statutes. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (so renamed in 2016); the Commissions for Protection of Child Rights Act, 2005 (NCPCR); the Prohibition of Child Marriage Act, 2006; the Right of Children to Free and Compulsory Education Act, 2009; the Protection of Children from Sexual Offences Act, 2012; the Juvenile Justice (Care and Protection of Children) Act, 2015, which applies the best interests principle and governs adoption through the Central Adoption Resource Authority.

Supreme Court.

How this is examined

For the CRC essay, use sections 2 to 5 with Article numbers and close with India’s accession and two or three statutes. For the UNICEF essay, section 6 in full with a paragraph from section 3 explaining that UNICEF’s work is guided by the CRC. A short note on “rights of children: national developments” is section 7.

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