The Constitution of Nepal recognizes issues relating to the identity, protection, development, and participation of children as fundamental rights and incorporates them under the fundamental rights chapter. Article 39 of the Constitution guarantees the following rights to children:
- Every child shall have the right to a name and birth registration along with their identity.
- Every child shall have the right to education, health, maintenance, proper care, sports, entertainment, and overall personality development from the family and the State.
- Every child shall have the right to early childhood development and child participation.
- No child shall be employed in factories, mines, or other hazardous work.
- No child shall be subjected to child marriage, illegal trafficking, kidnapping, or hostage-taking.
- No child shall be recruited or used in the army, police, or armed groups, or exploited or improperly used under any pretext in the name of cultural or religious festivals and celebrations.
- No child shall be subjected to physical, mental, or any other form of torture at home, school, or anywhere else and under any circumstances.
- Every child shall have the right to child-friendly justice.
- Helpless children, orphans, persons with disabilities, victims of conflict, displaced, or otherwise vulnerable shall have the right to special protection and facilities from the State.
- Any act contrary to the rights of children shall be punishable, and children who are victims of such acts shall have the right to compensation in accordance with law.
Conclusion
It is the responsibility of the State to implement fundamental rights and ensure their effective enjoyment. The State’s policies also explicitly recognize the need to give priority to the best interests of children. Therefore, increasing investment and strengthening institutional mechanisms for the effective protection and realization of children’s constitutionally guaranteed rights is essential.