Rights of Children under Article 39 of the Constitution of Nepal

Rights of Children Guaranteed by the Constitution of Nepal

The Constitution of Nepal recognizes the identity, protection, development, and participation of children as fundamental aspects of child rights and incorporates these rights under the Fundamental Rights. Article 39 of the Constitution guarantees the following rights to children:

1. Right to Identity: Every child has the right to a name and birth registration along with their identity.

2. Right to Care and Development: Every child has the right to education, health care, maintenance, proper care, sports, entertainment, and overall personality development from their family and the State.

3. Right to Early Childhood Development and Participation: Every child has the right to early childhood development and child participation.

4. Protection from Hazardous Labour: No child shall be employed in factories, mines, or other similar hazardous work.

5. Protection from Child Marriage, Trafficking, and Abduction: No child shall be subjected to child marriage, illegal trafficking, or abduction, or be held hostage.

6. Protection from Exploitation and Misuse: 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 fairs and festivals.

7. Protection from Torture: No child shall be subjected to physical, mental, or any other form of torture at home, at school, or in any other place or circumstance.

8. Right to Child-Friendly Justice: Every child has the right to child-friendly justice.

9. Right to Special Protection and Facilities: Helpless Children, orphans, persons with disabilities, victims of conflict, displaced, or otherwise at risk have the right to special protection and facilities from the State.

10. Right to Legal Remedy and Compensation: Acts contrary to the rights of children are punishable by law, and children victimized by such acts have the right to compensation as provided by law.

Conclusion

The State has a constitutional responsibility to implement fundamental rights and ensure that children's rights are effectively exercised. The Constitution also emphasizes prioritizing the best interests of children in the formulation and implementation of state policies. Therefore, increasing public investment in children's education, health, protection, and overall development is essential to ensure the effective realization of their constitutionally guaranteed rights.

Constitution of Nepal, Fundamental Rights, Child Rights, Article 39, Loksewa Preparation, PSCInsight